Bill > HSB612

Introduced Session

In 2023, the general assembly requested the formation of an interim study committee to examine policy matters and make recommendations on statutory changes relating to licensed driving by persons between 14 and 18 years of age (2023 Iowa Acts, chapter 92, section 23) and the legislative council established the minor driver’s license interim study committee for that purpose. This bill reflects the committee’s unanimous recommendations. Current law requires the department of transportation (DOT) to implement a graduated driver’s license process which places driving restrictions for young and inexperienced drivers, and removes restrictions as the driver ages and gains more experience. Beginning at age 14, a person may drive while accompanied. When a person turns 16, the person is eligible to receive an intermediate driver’s license that authorizes the holder to drive without an accompanying qualified person, but subject to other specified restrictions. The DOT is authorized to issue special permits and licenses to persons under the age of 18, including a special minor’s license which authorizes unsupervised driving and can be issued to a person 14 years old. Under current law, a special minor’s license entitles a H.F. _____ person between the ages of 14 and 18 (student driver) to operate a motor vehicle without adult supervision (drive) from the student driver’s residence to the student driver’s school or school bus stop or public transportation service, up to 50 miles or more if the student driver drives to a school within the school district of enrollment or within a school district contiguous to the school district of enrollment. The bill authorizes the DOT to instead issue a special minor’s restricted license that entitles a person under the age of 16 (licensee) to drive from the licensee’s residence to the licensee’s school, up to 25 miles, or more if the licensee attends a public school and resides within the public school district. To distinguish between licenses, the bill renames the restricted license issued for work activities of minors under current law to the restricted work license. Under the bill, an applicant for a special minor’s restricted license must hold an instruction permit issued by the DOT or a comparable permit issued by another state, have already successfully completed an approved driver education course prior to applying, and submit a certification from the applicant’s school certifying the applicant is enrolled at the school for courses of instruction or extracurricular activities. However, the completion of a course is not required if the applicant demonstrates to the satisfaction of the DOT that completion of the course would impose a hardship upon the applicant. “Hardship” is defined by the DOT in administrative rules and generally relates to the timing of the applicant’s school offering a driver education course, depending on the age of the applicant (761 IAC 602.26(3)). The DOT is prohibited from issuing a special minor’s restricted license to an applicant if the applicant’s driving privileges have been sanctioned, if the applicant was at fault for causing an accident or collision, or if the applicant has been convicted of a traffic violation. The bill retains current law requiring a licensee to operate H.F. _____ upon the most direct and accessible route between approved locations, including the closest service station for the purpose of refueling a vehicle. The bill also does not reduce or alter the driving privileges of a licensee when driving with supervision in accordance with Code section 321.180B. Current law distinguishes between a public school and accredited nonpublic school as it relates to where a student driver is authorized to drive unsupervised. The bill instead authorizes a licensee to drive to school regardless of whether the school is public or accredited nonpublic. However, if a licensee attends a public school and resides within the public school district, there is no limit to the distance the licensee may drive to school, provided that the licensee uses the most direct and accessible route. Under current law, a student driver who resides on a farm or is employed for compensation on a farm may drive up to 50 miles for the purpose of assisting the person’s parents, guardians, or employers with farm work or in connection with any farm job, employment, or other farm-related work, including traveling to or from the location of the farm work. The bill authorizes a licensee to drive up to 25 miles to the licensee’s place of employment and does not distinguish between farm work and other work performed in accordance with Code chapter 92 (child labor). The bill does not authorize a licensee to drive as part of the licensee’s employment. A licensee’s parent or guardian must provide the DOT with written consent for the licensee to drive to work. Current law authorizes a student driver to drive to approved locations between the hours of 5:00 a.m. and 10:00 p.m. The bill instead prohibits a licensee from driving except for one hour before and after the school event or work shift. The bill retains current prohibitions against transporting more than one unrelated minor as a passenger and using an electronic communication device or electronic entertainment device while driving. H.F. _____ The bill replaces the current requirement for schools to certify that a special need exists for the DOT to issue a special minor’s license, and instead requires an applicant’s school to certify that the applicant is enrolled as a student. The bill does not retain the one-mile presumption of nonexistence of special need for the license or the appeal process, as the bill no longer requires a school to make that determination. The bill requires the DOT to suspend a licensee’s license for three months if the licensee violates the license restrictions, is at fault for causing an accident or collision, or is convicted of violating any other traffic law. The DOT is also prohibited from issuing an intermediate driver’s license for three months beyond when a person would otherwise be eligible for the license, normally at age 16, under Code section 321.180B. The bill does not retain the option for the DOT to revoke a special minor’s license following a second violation. The bill retains the same provision for violators of the license restrictions to be issued a citation under the bill instead of a citation under Code section 321.193 (restrictions on licenses). Contrary to current law, the bill makes a violation of the license restrictions a moving violation. Moving violations may be considered for purposes of administrative suspension of a driver’s license or to establish habitual offender status. The DOT is authorized to adopt rules to administer the bill. The bill does not require a person who holds a special minor’s license that was issued before the effective date of the bill to apply for a new license. Instead, a licensee may continue to operate a motor vehicle in accordance with the bill. However, a person who was issued a special minor’s license prior to the effective date of the bill is prohibited from driving unaccompanied to the person’s place of employment until after the person’s parent or guardian provides written consent to the DOT in accordance with the bill. H.F. _____ By operation of law, a person who violates a restriction imposed on a special minor’s restricted license commits a simple misdemeanor punishable by a $70 scheduled fine. In addition, if a person is convicted of using an electronic communication device or electronic entertainment device and the violation results in injury or death, the person is subject to enhanced penalties. Under Code section 321.482A, if the violation causes a serious injury, a court could impose an additional fine of $500 or suspend the person’s driver’s license for not more than 90 days, or both. If the violation causes a death, a court could impose an additional fine of $1,000 or suspend the person’s driver’s license for not more than 180 days, or both.

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Committee report approving bill, renumbered as HF 2463. (on 02/12/2024)

Official Document