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House File 456 - IntroducedA Bill ForAn Act 1relating to third-party test examiners authorized
2to administer knowledge and final field tests to persons
3seeking a driver’s permit or driver’s license.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.178, subsection 1, paragraph c, Code
22023, is amended to read as follows:
3c. Every public school district in Iowa shall offer
4or make available to all students residing in the school
5district, or Iowa students attending a nonpublic school or
6receiving competent private instruction or independent private
7instruction as defined in section 299A.1, in the district, an
8approved course in driver education. The receiving district
9shall be the school district responsible for making driver
10education available to a student participating in open
11enrollment under section 282.18. The courses may be offered
12at sites other than at the public school, including nonpublic
13school facilities within the public school districts. An
14approved course offered during the summer months, on Saturdays,
15after regular school hours during the regular terms or partly
16in one term or summer vacation period and partly in the
17succeeding term or summer vacation period, as the case may
18be, shall satisfy the requirements of this section to the
19same extent as an approved course offered during the regular
20school hours of the school term. A student who successfully
21completes and obtains certification in an approved course in
22driver education or an approved course in motorcycle education
23may, upon proof of such fact, be excused from any field test
24which the student would otherwise be required to take in
25demonstrating the student’s ability to operate a motor vehicle.
26A student shall not be excused from any field test if a parent,
27guardian, or instructor requests that a test be administered.
28A final field test prior to a student’s completion of an
29approved course shall be administered by a person qualified
30as a classroom driver education instructor and certified to
31provide street and highway driving instruction, or a person
32authorized under section 321.186, subsection 4. A person
33qualified as a classroom driver education instructor but not
34certified to provide street and highway driving instruction
35may administer the final field test if accompanied by another
-1-1person qualified to provide street and highway driving
2instruction.
3 Sec. 2. Section 321.186, Code 2023, is amended by adding the
4following new subsection:
5 NEW SUBSECTION. 4. a. The department shall designate
6third-party testers to administer the knowledge test required
7under this section and the final field test under section
8321.178, subsection 1, paragraph “c”, provided all of the
9following occur:
10(1) The test is the same as that which would otherwise be
11administered by the state.
12(2) The third-party tester contractually agrees to comply
13with the rules adopted by the department.
14(3) Any third-party test examiner used by the third-party
15tester meets the requirements applicable to third-party
16knowledge skills testing, as adopted by rule by the department.
17Any of the following persons shall qualify as a third-party
18test examiner:
19(a) A person who is a classroom driver education instructor
20and qualified to provide street or highway driving instruction
21under section 321.178.
22(b) A person who is qualified to provide street or highway
23driving instruction under section 321.178 who has five years of
24continuous driving instruction experience or who has at least
25two years of such experience and provides such instruction for
26more than one hundred hours per year.
27(4) A third-party test examiner who examines a person
28with a physical or mental disability is a certified driver
29rehabilitation specialist or a driver rehabilitation
30professional, or has been issued a specialized instructor
31badge, and any such certification, designation, or badge
32is granted by the association of driver rehabilitation
33specialists.
34b. As used in this subsection:
35(1) “Third-party test examiner” means a person employed by
-2-1a third-party tester who is authorized by the department to
2administer the knowledge skills tests under this section.
3(2) “Third-party tester” means a person designated by
4the department to employ knowledge skills test examiners to
5administer knowledge and driving skills tests under this
6section.
7c. The department shall adopt rules pursuant to chapter 17A
8to administer this section.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12Current law authorizes the department of transportation
13(DOT) to examine every new applicant for a driver’s license,
14any person holding a valid driver’s license when the DOT has
15reason to believe that the person may be physically or mentally
16incompetent to operate a motor vehicle, and any person whose
17driving record appears to the DOT to justify the examination.
18In addition, a final field test prior to a student’s completion
19of an approved driver education course must generally be
20administered by a person qualified as a classroom driver
21education instructor and certified to provide street and
22highway driving instruction.
23This bill authorizes the DOT to designate third-party
24testers and third-party test examiners, as defined in the bill,
25to administer the required knowledge test before a person
26is issued a driver’s license or permit and the final field
27test under Code section 321.178 before a student is issued a
28driver’s license.
29The bill describes persons who are authorized to administer
30tests as a third-party test examiner, including persons who are
31already authorized as a classroom driver education instructor
32and qualified to provide street or highway driving instruction
33under Code section 321.178 and persons who are qualified to
34provide street or highway driving instruction under Code
35section 321.178 who have five years of continuous driving
-3-1instruction experience or who have at least two years of such
2experience and provide such instruction for more than 100 hours
3per year. The DOT may authorize additional persons who meet
4eligibility criteria determined by the DOT by administrative
5rules.
6The bill requires a third-party test examiner who examines a
7person with a physical or mental disability to be a certified
8driver rehabilitation specialist or a driver rehabilitation
9professional, or to have been issued a specialized instructor
10badge, and any such certification, designation, or badge
11must be granted by the association of driver rehabilitation
12specialists.
13A person who passes a test administered by a third-party test
14examiner must still apply to the DOT for issuance of a permit
15or license.
-4-th/ns
2to administer knowledge and final field tests to persons
3seeking a driver’s permit or driver’s license.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.178, subsection 1, paragraph c, Code
22023, is amended to read as follows:
3c. Every public school district in Iowa shall offer
4or make available to all students residing in the school
5district, or Iowa students attending a nonpublic school or
6receiving competent private instruction or independent private
7instruction as defined in section 299A.1, in the district, an
8approved course in driver education. The receiving district
9shall be the school district responsible for making driver
10education available to a student participating in open
11enrollment under section 282.18. The courses may be offered
12at sites other than at the public school, including nonpublic
13school facilities within the public school districts. An
14approved course offered during the summer months, on Saturdays,
15after regular school hours during the regular terms or partly
16in one term or summer vacation period and partly in the
17succeeding term or summer vacation period, as the case may
18be, shall satisfy the requirements of this section to the
19same extent as an approved course offered during the regular
20school hours of the school term. A student who successfully
21completes and obtains certification in an approved course in
22driver education or an approved course in motorcycle education
23may, upon proof of such fact, be excused from any field test
24which the student would otherwise be required to take in
25demonstrating the student’s ability to operate a motor vehicle.
26A student shall not be excused from any field test if a parent,
27guardian, or instructor requests that a test be administered.
28A final field test prior to a student’s completion of an
29approved course shall be administered by a person qualified
30as a classroom driver education instructor and certified to
31provide street and highway driving instruction, or a person
32authorized under section 321.186, subsection 4. A person
33qualified as a classroom driver education instructor but not
34certified to provide street and highway driving instruction
35may administer the final field test if accompanied by another
-1-1person qualified to provide street and highway driving
2instruction.
3 Sec. 2. Section 321.186, Code 2023, is amended by adding the
4following new subsection:
5 NEW SUBSECTION. 4. a. The department shall designate
6third-party testers to administer the knowledge test required
7under this section and the final field test under section
8321.178, subsection 1, paragraph “c”, provided all of the
9following occur:
10(1) The test is the same as that which would otherwise be
11administered by the state.
12(2) The third-party tester contractually agrees to comply
13with the rules adopted by the department.
14(3) Any third-party test examiner used by the third-party
15tester meets the requirements applicable to third-party
16knowledge skills testing, as adopted by rule by the department.
17Any of the following persons shall qualify as a third-party
18test examiner:
19(a) A person who is a classroom driver education instructor
20and qualified to provide street or highway driving instruction
21under section 321.178.
22(b) A person who is qualified to provide street or highway
23driving instruction under section 321.178 who has five years of
24continuous driving instruction experience or who has at least
25two years of such experience and provides such instruction for
26more than one hundred hours per year.
27(4) A third-party test examiner who examines a person
28with a physical or mental disability is a certified driver
29rehabilitation specialist or a driver rehabilitation
30professional, or has been issued a specialized instructor
31badge, and any such certification, designation, or badge
32is granted by the association of driver rehabilitation
33specialists.
34b. As used in this subsection:
35(1) “Third-party test examiner” means a person employed by
-2-1a third-party tester who is authorized by the department to
2administer the knowledge skills tests under this section.
3(2) “Third-party tester” means a person designated by
4the department to employ knowledge skills test examiners to
5administer knowledge and driving skills tests under this
6section.
7c. The department shall adopt rules pursuant to chapter 17A
8to administer this section.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12Current law authorizes the department of transportation
13(DOT) to examine every new applicant for a driver’s license,
14any person holding a valid driver’s license when the DOT has
15reason to believe that the person may be physically or mentally
16incompetent to operate a motor vehicle, and any person whose
17driving record appears to the DOT to justify the examination.
18In addition, a final field test prior to a student’s completion
19of an approved driver education course must generally be
20administered by a person qualified as a classroom driver
21education instructor and certified to provide street and
22highway driving instruction.
23This bill authorizes the DOT to designate third-party
24testers and third-party test examiners, as defined in the bill,
25to administer the required knowledge test before a person
26is issued a driver’s license or permit and the final field
27test under Code section 321.178 before a student is issued a
28driver’s license.
29The bill describes persons who are authorized to administer
30tests as a third-party test examiner, including persons who are
31already authorized as a classroom driver education instructor
32and qualified to provide street or highway driving instruction
33under Code section 321.178 and persons who are qualified to
34provide street or highway driving instruction under Code
35section 321.178 who have five years of continuous driving
-3-1instruction experience or who have at least two years of such
2experience and provide such instruction for more than 100 hours
3per year. The DOT may authorize additional persons who meet
4eligibility criteria determined by the DOT by administrative
5rules.
6The bill requires a third-party test examiner who examines a
7person with a physical or mental disability to be a certified
8driver rehabilitation specialist or a driver rehabilitation
9professional, or to have been issued a specialized instructor
10badge, and any such certification, designation, or badge
11must be granted by the association of driver rehabilitation
12specialists.
13A person who passes a test administered by a third-party test
14examiner must still apply to the DOT for issuance of a permit
15or license.
-4-th/ns