Senate Study Bill 1060 - IntroducedA Bill ForAn Act 1relating to third-party testers who administer the
2knowledge and driving skills tests required for a commercial
3learner’s permit or commercial driver’s license.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 321.187, subsection 2, paragraph c, Code
22023, is amended to read as follows:
   3c.  Any third-party test examiner used by the third-party
4tester shall meet comply with the requirements of 49 C.F.R.
5pts.383 and 384 applicable to third-party knowledge and
6driving skills testing, as adopted by rule by the department.
7The department shall adopt rules regarding who may qualify as a
8third-party tester. The department may adopt rules may also
9provide that
 doing any of the following:
   10(1)   Requiringa third-party tester to conduct a number of
11skills test examinations above the number required under 49
12C.F.R. §383.75 in order to remain qualified as a third-party
13tester under this section. A third-party tester, other than a
14community college established under chapter 260C, must be one
15of the following:

   16(1)  An Iowa-based motor carrier, or its subsidiary, that has
17its principal office within this state and operates a permanent
18commercial driver training facility in this state.
   19(2)  An Iowa nonprofit corporation that serves as a trade
20association for Iowa-based motor carriers.
   21(3)  A public transit system or regional transit system, as
22those terms are defined in section 324A.1, in this state.
   23(2)  Restricting the testing scope of a third-party tester.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
   27Under current law, the department of transportation (DOT)
28must examine applicants for driver’s licenses. The DOT
29is authorized to designate community colleges and other
30third-party testers to administer the knowledge and driving
31skills tests required for a commercial learner’s permit or
32commercial driver’s license. A third-party tester, other than
33a community college, must be an Iowa-based motor carrier that
34operates a permanent commercial driver training facility in
35Iowa, an Iowa nonprofit corporation that serves as a trade
-1-1association for Iowa-based motor carriers, or a public or
2regional transit system.
   3This bill strikes the provisions that identify particular
4types of third-party testers, other than community colleges;
5requires any third-party test examiner used by a third-party
6tester to comply with existing federal regulations applicable
7to third-party knowledge and driving skills testing, as adopted
8by rule by the DOT; and authorizes the DOT to adopt rules
9restricting the testing scope of a third-party tester.
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th/ns