reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 607 - Commercial Driver Licensing › Rule 761-607.28 - Skills Test

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Content.
The skills test for a commercial driver's license is
				a three-part test as required in 49 CFR Part 383 , Subparts E, G and
				H.
(2)
Test
				methods.
All skills tests shall be administered in compliance with
				49
				CFR Section 383.133(c).
				Interpreters are prohibited during the administration of skills tests.
				Applicants must be able to understand and respond to verbal commands and
				instructions in English by a skills test examiner. Neither the applicant nor
				the examiner may communicate in a language other than English during the skills
				test.
(3)
Order.
The skills test must be administered and successfully completed in the
				following order: pre-trip inspection, basic vehicle control skills, on-road
				skills. If an applicant fails one segment of the skills test, the applicant
				cannot continue to the next segment of the test, and scores for the passed
				segments of the test are only valid during initial issuance of the commercial
				learner's permit.
(4)
Vehicle.
The applicant shall provide a representative vehicle
				for the skills test. "Representative vehicle" means a commercial motor vehicle
				that meets the statutory description for the class of license applied for.
a. To obtain a passenger vehicle endorsement
				applicable to a specific vehicle class, the applicant must take the skills test
				in a passenger vehicle, as defined in rule
				761-607.3 (321), satisfying the
				requirements of that class, as required in
				49 CFR Section
				383.117.
b. To obtain a school bus endorsement, the
				applicant must qualify for a passenger vehicle endorsement and take the skills
				test in a school bus, as defined in rule
				761-607.3 (321), in the same
				vehicle class as the applicant will drive, as required in
				49 CFR Section
				383.123.
c. To obtain a tank endorsement, the
				applicant must take the skills test in a representative vehicle for the class
				of license applied for, but the representative vehicle is not required to be a
				tank vehicle.
d. To remove an air
				brake or full air brake restriction, the applicant must take the skills test in
				a vehicle equipped with an air brake system, as defined in rule
				761-607.3 (321) and as required
				in
				49 CFR Section
				383.113.
e. To remove a manual transmission
				restriction, the applicant must take the on-road segment of the skills test in
				a vehicle equipped with a manual transmission, as defined in rule
				761-607.3 (321).
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 607 - Commercial Driver Licensing › Rule 761-607.30 - Third-party Testing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose
				and definitions.
The knowledge tests required by rule 761-607.27 (321)
				and the skills test required by rule 761-607.28 (321) may be administered by
				third-party testers and third-party test examiners approved and certified by
				the department. For the purpose of administering third-party testing and this
				rule, the following definitions shall apply:
"College or university"
means an Iowa
				  postsecondary school established under Iowa Code chapter 261B.
"Community college"
means an Iowa community
				  college established under Iowa Code chapter 260C.
"Government agency"
means the same as
				  defined in Iowa Code section 553.3.
"Iowa business"
means a corporation,
				  association, partnership, company, firm, or other aggregation of individuals
				  that has an established place of business in this state and that is authorized
				  to conduct business in this state.
"Knowledge test"
means the knowledge tests
				  required by rule 761-607.27 (321).
"Motor carrier"
means the same as defined in
				   49 CFR Section 390.5.
"Nonprofit"
means a corporation or
				  association that satisfies the requirements under Iowa Code chapter 498 or
				  504.
"Permanent commercial driver training
				  facility"
means a facility dedicated to a program of commercial
				  driving instruction that is offered to employees or potential employees of the
				  motor carrier as incident to the motor carrier's commercial operations, that
				  requires at least 40 hours of instruction, and that includes fixed and
				  permanent structures and facilities for the off-road portions of commercial
				  driving instruction, including classroom, pretrip inspection, and basic vehicle
				  control skills. A permanent commercial driver training facility must include a
				  fixed and paved or otherwise hard-surfaced area for basic vehicle control
				  skills testing that is permanently marked and capable of inspection and
				  measurement by the department.
"Public transit system"
means the same as
				  defined in Iowa Code section 324A.1.
"Regional transit system"
means the same as
				  defined in Iowa Code section 324A.1.
"Skills test"
means the skills test required
				  by rule 761-607.28 (321).
"Subsidiary"
means a company that is partly
				  or wholly owned by a motor carrier that holds a controlling interest in the
				  subsidiary company.
"Third-party test examiner"
means the same
				  as defined in Iowa Code section 321.187.
"Third-party tester"
means the same as
				  defined in Iowa Code section 321.187.
(2)
Certification of third-party
				testers.
a. The department may
				certify third-party testers to administer knowledge and skills tests. A
				third-party tester must be one of the following entities:
(1) A college or university.
(2) A community college.
(3) A government agency.
(4) An Iowa business.
(5) A nonprofit.
(6) A public transit system or regional
				transit system.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 607 - Commercial Driver Licensing › Rule 761-607.32 - Knowledge and Skills Testing of Nondomiciled Military Personnel

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Role of
				state of duty station.
The department may accept an application for a
				CLP or CDL, including an application for waiver of the knowledge test as
				provided in subrule 607.27(5), if the applicant is an active duty military
				service member stationed, but not domiciled, in Iowa, and the department has an
				agreement to accept such applications with the applicant's state of domicile as
				provided in
				49
				CFR Section 383.79.
a. The applicant shall certify and provide
				evidence that the following apply:
(1) The
				applicant is regularly employed or was regularly employed within the past year
				in a military position requiring operation of a commercial motor
				vehicle.
(2) The applicant has a
				valid driver's license from the applicant's state of domicile.
(3) The applicant has a valid active duty
				military identification card.
(4)
				The applicant has a current copy of either the applicant's military leave and
				earnings statement or the applicant's orders.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 607 - Commercial Driver Licensing › Rule 761-607.35 - Issuance of Commercial Driver's License and Commercial Learner's Permit

Current through Register Vol. 47, No. 3, July 24, 2024
A commercial driver's license or commercial learner's permit
				  issued by the department shall include the information and markings required by
				  Iowa Code section
				  321.189(2)
"b."
This rule is intended to implement Iowa Code section
				  321.189.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 607 - Commercial Driver Licensing › Rule 761-607.37 - Commercial Driver's License Renewal

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall administer commercial driver's license
				  renewals as required by
				  49 CFR Section
				  383.73.
(1)
Licensee requirements.
To renew a commercial driver's license, the licensee shall apply at a driver's
				license service center and complete the following requirements:
a. The licensee shall make a written
				self-certification of type of driving as required by rule
				761-607.50 (321) and, if
				required, provide a current medical examiner's certificate unless the person's
				medical examiner's certificate is provided to the department electronically by
				the Federal Motor Carrier Safety Administration.
b. If the licensee has and wishes to retain a
				hazardous material endorsement, the licensee shall pass the test required in
				49 CFR Section
				383.121 and comply with the Transportation
				Security Administration security threat assessment standards specified in
				49 CFR Sections
				383.71(b)(8) and
				383.141 for such
				endorsement. A lawful permanent resident of the United States must also provide
				the licensee's U.S. Citizenship and Immigration Services alien registration
				number.
c. The licensee shall
				provide proof of citizenship or lawful permanent residency and state of
				domicile as required by rule
				761-607.15 (321) and
				49 CFR
				383.73(d)(7). Proof of
				citizenship or lawful permanent residency is not required if the licensee
				provided such proof at initial issuance or a previous renewal or upgrade of the
				license and the department has a notation on the licensee's record confirming
				that the required proof of legal citizenship or legal presence check was made
				and the date on which it was made.
d. If the licensee is domiciled in a foreign
				jurisdiction and renewing a non-domiciled commercial driver's license, the
				licensee must provide a document required by
				49 CFR
				383.71(f) at each
				renewal.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 607 - Commercial Driver Licensing › Rule 761-607.38 - Transfers From Another State

Current through Register Vol. 47, No. 3, July 24, 2024
Upon initial application for an Iowa license, an Iowa
				  resident who has a valid commercial driver's license from a former state of
				  residence is not required to retest except as specified in Iowa Code subsection
				  321.188(5)
				   but is required to pay the applicable
				  endorsement and restriction removal fees.
This rule is intended to implement Iowa Code sections
				  321.188
				  and
				  321.191.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 607 - Commercial Driver Licensing › Rule 761-607.39 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Date.
A disqualifying act, action or offense under Iowa Code
				section 321.208, that occurred before
				July 1, 1990, shall not be grounds for disqualification from operating a
				commercial motor vehicle.
(2)
Notice.
A 30-day advance notice of disqualification shall be
				served by the department in accordance with rule
				761-615.37 (321). Pursuant to
				Iowa Code subsection 321.208(12), a peace officer on behalf of the department
				may serve the notice of disqualification immediately.
(3)
Hearing and appeal
				process.
A person who has received a notice of disqualification may
				contest the disqualification in accordance with 761-615.38(17A,321).
(4)
Reduction of lifetime
				disqualification.
a. As permitted by
				49 CFR Section
				383.51, a person subject to lifetime
				disqualification of the person's commercial driving privileges may apply to the
				department for reinstatement. The approval is subject to the discretion of the
				department and subject to the following requirements:
(1) The request may not be made prior to ten
				years from the effective date of the lifetime disqualification.
(2) The person must submit the request in a
				manner prescribed by the department.
(3) If the driving record contains
				alcohol-related or drug-related offenses that resulted in the lifetime
				disqualification, the person must have completed an alcohol or drug evaluation
				and have completed any recommended treatment which meets or exceeds the minimum
				standards approved by the Iowa department of health and human services.
				Evidence of a completed evaluation and treatment must be on file with the
				department or submitted with the application for reinstatement.
(4) Within the ten years preceding the
				request, the person must not have any of the following moving violation
				convictions:
1. A drug or alcohol
				offense.
2. Leaving the scene of an
				accident.
3. A felony involving the
				use of any motor vehicle.
4. Any
				moving violation while operating a commercial motor vehicle.
(5) The department may request,
				and the person shall provide, any additional information or documentation
				necessary to determine the person's eligibility for reinstatement or general
				fitness for licensure.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 607 - Commercial Driver Licensing › Rule 761-607.40 - Sanctions

Current through Register Vol. 47, No. 3, July 24, 2024
When a person's motor vehicle license is denied, canceled,
				  suspended, revoked or barred, the person is also disqualified from operating a
				  commercial motor vehicle. This rule is intended to implement Iowa Code section
				  321.208.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 607 - Commercial Driver Licensing › Rule 761-607.45 - Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
To reinstate a commercial driver's license after completion
				  of a period of disqualification, a person shall appear at a driver's license
				  service center. The person must also meet the vision standards for licensing,
				  pass the applicable knowledge test(s) and the skills test, and pay the required
				  reinstatement fee and the fees for a new license.
This rule is intended to implement Iowa Code sections
				  321.191
				  and
				  321.208.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 607 - Commercial Driver Licensing › Rule 761-607.49 - Restricted Commercial Driver's License

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scope.
This rule pertains to the issuance of restricted
				commercial driver's licenses to employees of the following designated
				farm-related service industries: agrichemical businesses, custom harvesters,
				farm retail outlets and suppliers and livestock feeders as permitted by  49 CFR 383.3(f). A restricted commercial driver's license shall meet all requirements
				of a regular commercial driver's license, as set out in Iowa Code chapter 321
				and this chapter, except as specified in this rule.
(2)
Validity.
a. A restricted commercial driver's license
				allows the licensee to drive a commercial motor vehicle for agricultural input
				purposes. The license is valid to:
(1) Operate
				Group B and Group C commercial motor vehicles including tank vehicles and
				vehicles equipped with air brakes, except passenger vehicles.
(2) Transport the hazardous materials listed
				in paragraph 607.49(2)
"b."
(3) Operate only during the current,
				validated seasonal period.
(4)
				Operate between the employer's place of business and the farm currently being
				served, not to exceed 150 miles.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 607 - Commercial Driver Licensing › Rule 761-607.50 - Self-certification of Type of Driving and Submission of Medical Examiner's Certificate

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicants for commercial learner's permit, restricted CDL, or new,
				transferred, renewed or upgraded CDL.
a. A person shall provide to the department a
				self-certification of type of driving if the person is applying for:
(1) A commercial learner's permit,
(2) An initial commercial driver's
				license,
(3) A transfer of a
				commercial driver's license from a prior state of domicile to the state of
				Iowa,
(4) Renewal of a commercial
				driver's license,
(5) A license
				upgrade for a commercial driver's license or an endorsement authorizing the
				operation of a commercial motor vehicle not covered by the current commercial
				driver's license, or
(6) A
				restricted commercial driver's license.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 607 - Commercial Driver Licensing › Rule 761-607.51 - National Drug and Alcohol Clearinghouse

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability.
This rule applies to:
a. An applicant for or holder of a commercial
				learner's permit,
b. An applicant
				for or holder of a commercial driver's license,
c. An applicant seeking to transfer a
				commercial driver's license from a prior state of domicile to the state of
				Iowa,
d. An applicant seeking
				renewal of a commercial driver's license,
e. An applicant seeking to upgrade a
				commercial driver's license or add an endorsement authorizing the operation of
				a commercial motor vehicle not covered by the current commercial driver's
				license, or
f. An applicant for or
				holder of a restricted commercial driver's license.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 607 - Commercial Driver Licensing › Rule 761-607.52 - Determination of Gross Vehicle Weight Rating

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Actual weight prohibited.
In determining whether the vehicle
				is a representative vehicle for the skills test and the group of commercial
				driver's license for which the applicant is applying, the
				vehicle's gross weight rating or gross combination weight rating must be
				used, not the vehicle's actual gross weight or gross combination weight.
				For purposes of this rule, "gross weight rating" and "gross combination weight
				rating" mean as defined in  49 CFR Section 383.5.
(2)
Vehicle without legible
				manufacturer's certification label.
To complete a skills test
				using a vehicle that has no legible manufacturer's certification label,
				whether a power unit or towed vehicle, the applicant must provide documentation
				of the vehicle's gross vehicle weight rating, such as a
				manufacturer's certificate of origin, a title, or the vehicle
				identification number information for the vehicle. In the absence of such
				documentation, the vehicle may not be used, either alone or in combination.
This rule is intended to implement Iowa Code section
				  321.1.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions in
				  761-600.1 (321) apply to this
				  chapter. In addition:
"Accident free"
as used in Iowa Code section
				  321.180B means the driver has not been involved in a contributive accident.
				  "Involvement in a motor vehicle accident" as used in Iowa Code section
				  321.180B
				  means involvement in a contributive accident.
"Contributive accident"
or
"contributed to an accident"
means the driver was involved in
				  an accident for which there is evidence in departmental records that the driver
				  performed an act which resulted in or contributed to the accident or failed to
				  perform an act which would have avoided or contributed to the avoidance of the
				  accident.
"Deny"
or
"denial"
means a
				  rejection of an application for a license or a refusal to issue, renew or
				  reinstate a license.
"Moving violation,"
unless otherwise
				  provided in this chapter, means any violation of motor vehicle laws
				  except:
1. Violations of equipment standards to be maintained for
				  motor vehicles.
2. Parking violations as defined in Iowa Code section
				  321.210.
3. Child restraint and safety belt and harness violations
				  under Iowa Code sections
				  321.445
				  and
				  321.446.
4. Violations of registration, weight and dimension
				  laws.
5. Operating with an expired license.
6. Failure to appear.
7. Disturbing the peace with a motor vehicle.
8. Violations of Iowa Code section
				  321.20B
				  for failure to provide proof of financial liability coverage.
"Sanction"
means a license denial,
				  cancellation, suspension, revocation, bar or disqualification.
This rule is intended to implement Iowa Code sections
				  321.1,321.178,
				  321.1
				  80A,
				  321.189,321.194,
				  321.210,
				  321.215,
				  321.445,
				  321.446
				  and
				  321.555.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.2 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter of rules applies to any license, as defined in
				  761-600.1 (321).
				  However:
(1) Rules specifically
				addressing denial, cancellation or disqualification of a commercial driver's
				license are found in 761-Chapter 607, "Commercial Driver Licensing."
(2) Rules implementing Iowa Code chapter 321J
				are found in 761-Chapter 620, "OWI and Implied Consent."
(3) Rules implementing Iowa Code chapter 321A
				are found in 761-Chapter 640, "Financial Responsibility."
This rule is intended to implement Iowa Code chapters 321,
				  321A and 321J.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.3 - Information and Address

Current through Register Vol. 47, No. 3, July 24, 2024
Applications, forms and information concerning license
				  sanctions are available at any driver's license service center. Assistance is
				  also available by mail from the Driver and Identification Services Bureau, Iowa
				  Department of Transportation, P.O. Box 9204, Des Moines, Iowa 50306-9204; in
				  person at 6310 SE Convenience Blvd., Ankeny, Iowa; by telephone at
				  (515)244-8725; by facsimile at (515)239-1837; or on the department's website at
www.iowadot.gov
. This rule is intended to
				  implement Iowa Code section
				  17A.3.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.4 - Denial for Incapability

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
				person who has a valid Iowa license that would otherwise be suspended for
				incapability shall, in lieu of a suspension, be denied further licensing if
				there is less than 30 days' validity on the license.
a. The denial shall be effective when the
				license is no longer valid.
b. The
				license shall be surrendered to the department. The department shall issue a
				temporary driving permit which allows the person to drive until the effective
				date of the denial.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.7 - Cancellations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
				shall cancel the license of an unmarried minor upon receipt of a written
				withdrawal of consent from the person who consented to the minor's application.
				The department shall also cancel a minor's license upon receipt of evidence of
				the death of the person who consented to the minor's application.
(2) The department shall cancel a motorized
				bicycle license when the licensee is convicted of one moving violation.
				Reapplication may be made 30 days after the date of cancellation.
(3) The department may cancel a license when
				the person was not entitled or is no longer entitled to a license, failed to
				give correct and required information, or committed fraud in
				applying.
(4) A cancellation shall
				begin ten days after the department's notice of cancellation is served.
This rule is intended to implement Iowa Code sections
				  321.184, 321.185, 321.189, 321.201 and 321.215.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.9 - Habitual Offender

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				department shall declare a person to be a habitual offender under Iowa Code
				section
				321.555(1)
				 in accordance with the following point
				system:
a. Points shall be assigned to
				convictions as follows:
Conviction
Points
Perjury or the making of a false affidavit or
							 statement under oath to the department of public safety
2 points
Driving while under suspension, revocation or denial
							 (except Iowa Code chapter 32 J)
2 points
Driving while under Iowa Code chapter 321J revocation
							 or denial
3 points
Driving while barred
4 points
Operating a motor vehicle in violation of Iowa Code
							 section
							 321J.2
4 points
An offense punishable as a felony under the motor
							 vehicle laws of Iowa or any felony in the commission of which a motor vehicle
							 is used
5 points
Failure to stop and leave information or to render
							 aid as required by Iowa Code sections
							 321.261
							 and
							 321.263
5 points
Eluding or attempting to elude a pursuing law
							 enforcement vehicle in violation of Iowa Code section
							 321.279
5 points
Serious injury by a vehicle in violation of Iowa Code
							 section
							 707.6A(4)
5 points
Manslaughter resulting from the operation of a motor
							 vehicle
6 points
b.
				Based on the points accumulated, the person shall be barred from operating a
				motor vehicle on the highways of this state as follows:
Points
Length of bar
6-7
2 years
8-9
3 years
10-12
4 years
13-15
5 years
16+
6 years
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.11 - Periods of Suspension or Revocation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Length.
The department
				shall not suspend or revoke a person's license for less than 30 days nor for
				more than one year unless a statute specifies or permits a different period of
				suspension or revocation.
(2)
Extension of suspension or revocation.
The department shall
				extend the period of license suspension or revocation for an additional like
				period or for one year, whichever period is shorter, when the person is
				convicted of operating a motor vehicle while the person's license is suspended
				or revoked, unless a statutory exception applies. If the person's driving
				record does not indicate what the original grounds for suspension or revocation
				were, the period of license suspension or revocation shall not exceed six
				months.
This rule is intended to implement Iowa Code sections
				  321.212
				  and
				  321.218.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.12 - Suspension of a Habitually Reckless or Negligent Driver

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department may suspend a person's
				license if the person is a habitually reckless or negligent driver of a motor
				vehicle. "Habitually reckless or negligent driver" means a person who has
				accumulated a combination of three or more contributive accidents and
				convictions for moving violations or three or more contributive accidents
				within a 12-month period.
(2) In
				this rule, speeding violations specified in Iowa Code section
				321.210(2)
				 "d" and violations under Iowa Code section
				321.276
				are not included.
(3) The
				suspension period shall be at least 60 days.
This rule is intended to implement Iowa Code section
				  321.210.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.13 - Suspension of a Habitual Violator

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department may suspend a person's
				license when the person is a habitual violator of the traffic laws. "Habitual
				violator" means that the person has been convicted of three or more moving
				violations committed within a 12-month period.
(2) The minimum suspension periods shall be
				as follows unless reduced by a driver's license hearing officer based on
				mitigating circumstances:
3 convictions in 12 months
90 days
4 convictions in 12 months
120 days
5 convictions in 12 months
150 days
6 convictions in 12 months
180 days
7 or more convictions in 12 months
1 year
(3)
				In this rule, speeding violations specified in Iowa Code section
				321.210(2)
				 "d" and violations under Iowa Code section
				321.276
				are not included.
This rule is intended to implement Iowa Code section
				  321.210.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.14 - Suspension for Incapability

Current through Register Vol. 47, No. 3, July 24, 2024
The department may suspend a person's license when the person
				  is incapable of safely operating a motor vehicle.
(1) Suspension for incapability may be based
				on one or more of the following:
a. Receipt of
				a medical report stating that the person is not physically or mentally capable
				of safely operating a motor vehicle.
b. Failure of the person to appear for a
				required reexamination or failure to submit a required medical report within
				the specified time.
c.
				Ineligibility for licensing under Iowa Code sections
				321.177(4)
				 to
				321.177(7).
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.15 - Suspension for Unlawful Use of a License

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department may suspend a person's
				license when the person has been convicted of unlawful or fraudulent use of the
				license or if the department has received other evidence that the person has
				violated Iowa Code section
				321.216,
				321.216A,
				321.216B
				or
				321.216C.
(2) The suspension period shall be at least
				30 days.
(3) A suspension for a
				violation of Iowa Code section
				321.216B
				shall not exceed six months.
This rule is intended to implement Iowa Code sections
				  321.210,
				  321.212,
				  321.216,
				  321.216A,321.216B
				  and
				  321.216C.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.16 - Suspension for Out-of-state Offense

Current through Register Vol. 47, No. 3, July 24, 2024
The department may suspend a person's license when the
				  department is notified by another state that the person committed an offense in
				  that state which, if committed in Iowa, would be grounds for suspension. The
				  notice may indicate either a conviction or a final administrative decision. The
				  period of the suspension shall be the same as if the offense had occurred in
				  Iowa.
This rule is intended to implement Iowa Code sections
				  321.205
				  and
				  321.210.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.17 - Suspension for a Serious Violation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department may suspend a person's
				license when the person has committed a serious violation of the motor vehicle
				laws.
(2) "Serious violation" means
				that:
a. The person's conviction for a moving
				violation was accompanied by a written report from the arresting officer, the
				prosecuting attorney or the court indicating that the violation was unusually
				serious. The suspension period shall be at least 60 days.
b. The person was convicted of a moving
				violation which contributed to a fatal motor vehicle accident. The suspension
				period shall be at least 120 days.
c. The person was convicted for speeding 25
				miles per hour (mph) or more above the legal limit. The minimum suspension
				period shall be as follows unless reduced by a driver's license hearing officer
				based on mitigating circumstances:
25 mph over the legal limit
60 days
26 mph over the legal limit
65 days
27 mph over the legal limit
70 days
28 mph over the legal limit
75 days
29 mph over the legal limit
80 days
30 mph over the legal limit
90 days
31 mph over the legal limit
100 days
32 mph over the legal limit
110 days
33 mph over the legal limit
120 days
34 mph over the legal limit
130 days
35 mph over the legal limit
140 days
36 mph over the legal limit
150 days
37 mph over the legal limit
160 days
38 mph over the legal limit
170 days
39 mph over the legal limit
180 days
40 mph over the legal limit
190 days
41 mph over the legal limit
210 days
42 mph over the legal limit
230 days
43 mph over the legal limit
250 days
44 mph over the legal limit
270 days
45 mph over the legal limit
290 days
46 mph over the legal limit
310 days
47 mph over the legal limit
330 days
48 mph over the legal limit
350 days
49 mph or more over the legal limit
one year
d.
				The person was convicted of violating Iowa Code section
				321.372(3)
				 or a similar ordinance of any political
				subdivision. The suspension period shall be:
(1) 30 days for a first conviction unless
				otherwise provided in subparagraph 615.43(1)
"a"
(4)
.
(2) 90 days for a second
				conviction.
(3) 180 days for a
				third or subsequent conviction.
e. The person was convicted of violating Iowa
				Code section
				321.323A
				or a similar ordinance of any political subdivision. The suspension period
				shall be:
(1) 90 days for a violation causing
				property damage only to the property of another person.
(2) 180 days for a violation causing bodily
				injury to another person.
(3) One
				year for a violation causing death.
This rule is intended to implement Iowa Code sections
				  321.210,
				  321.323A,
				  321.372
				  and
				  321.491.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.18 - Suspension Under the Nonresident Violator Compact

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department may suspend a person's
				license when a report is received from another state under the nonresident
				violator compact that an Iowa licensee has failed to comply with the terms of a
				traffic citation.
(2) The
				suspension shall begin 30 days after the department's notice of suspension is
				served.
(3) The suspension shall
				continue until the department issues a notice terminating the suspension. The
				department shall terminate the suspension when it receives evidence of
				compliance with the terms of the citation.
This rule is intended to implement Iowa Code sections 321.210
				  and 321.513.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.19 - Suspension for a Charge of Vehicular Homicide

Current through Register Vol. 47, No. 3, July 24, 2024
In accordance with Iowa Code section
				  321.210D,
				  the department shall suspend a person's license when the department receives
				  notice from the clerk of the district court that an indictment or information
				  has been filed charging the person with homicide by vehicle under Iowa Code
				  section
				  707.6A,
				  subsection 1 or 2. The suspension shall begin ten days after the department's
				  suspension notice is issued.
This rule is intended to implement Iowa Code section
				  321.210D.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.20 - Suspension for Moving Violation During Driving Probation

Current through Register Vol. 47, No. 3, July 24, 2024
The department may suspend the license of a person convicted
				  of a moving violation pursuant to Iowa Code section
				  321.210C. The
				  suspension period shall be equal in duration to the original period of
				  suspension, revocation or bar, or for one year, whichever is the shorter
				  period.
This rule is intended to implement Iowa Code section
				  321.210C.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.21 - Suspension of a Minor's School License and Minor's Restricted License

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Suspension of a minor's school license.
a. The department may suspend a minor's
				school license upon receiving notice of the licensee's conviction for one
				moving violation or evidence of one or more accidents chargeable to the
				licensee.
b. The department may
				also suspend a minor's school license when the department receives written
				notice from a peace officer, parent, custodian or guardian, school
				superintendent, superintendent's designee or nonpublic school authority that
				the licensee has violated the restrictions of the license.
c. The suspension period under this subrule
				shall be at least 30 days.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.22 - Suspension for Nonpayment of Fine, Penalty, Surcharge or Court Costs

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
				shall suspend a person's privilege to operate motor vehicles in Iowa when the
				department is notified by a clerk of the district court that the person has
				been convicted of violating a law regulating the operation of motor vehicles,
				that the person has failed to pay the fine, penalty, surcharge or court costs
				arising out of the conviction, and that 60 days have elapsed since the person
				was mailed a notice of nonpayment from the clerk of the district court.
a. The suspension period shall begin 30 days
				after the notice of suspension is served.
b. The suspension shall continue until the
				department has issued a notice terminating the suspension. The department shall
				terminate the suspension when it receives evidence that all appropriate
				payments have been made.
c. An
				informal settlement, hearing or appeal to contest the suspension shall be
				limited to a determination of whether the facts required by Iowa Code section
				321.210A
				and this subrule are true. The merits of the conviction shall not be
				considered.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.23 - Suspensions for Juveniles

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Suspension for juveniles adjudicated delinquent for certain
				offenses.
a. Pursuant to Iowa Code
				section
				321.213A,
				the department shall suspend the license of a person for one year upon receipt
				of an adjudication and dispositional order from the clerk of the juvenile
				court.
b. The department may issue
				to a person suspended under this subrule a temporary restricted license in
				accordance with rule 761-615.45 (321) if issuance is
				permitted under Iowa Code section
				321.215
				and the person is otherwise eligible for the license. To obtain a temporary
				restricted license that is valid for educational purposes, the applicant must
				meet the requirements for issuance of a minor's school license under Iowa Code
				section
				321.194
				and rule 761-602.26
				(321).
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.24 - Suspension Upon Receipt of a Certificate of Noncompliance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
From
				child support recovery unit.
a. The
				department shall suspend a person's Iowa-issued driver's license upon receipt
				of a certificate of noncompliance from the child support recovery
				unit.
b. The suspension shall begin
				30 days after the department's notice of suspension is served.
c. The suspension shall continue until
				receipt of a withdrawal of the certificate of noncompliance from the child
				support recovery unit.
d. The
				filing of an application pursuant to Iowa Code section
				252J.9
				stays the suspension pending the outcome of the district court
				hearing.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.26 - Suspension for Violation of a License Restriction

Current through Register Vol. 47, No. 3, July 24, 2024
The department may suspend a person's license when the
				  department receives satisfactory evidence of a violation of a restriction
				  imposed on the license. The suspension period shall be at least 30 days.
This rule is intended to implement Iowa Code section
				  321.193.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.29 - Mandatory Revocation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				department shall revoke a person's license upon receipt of a record of the
				person's conviction for an offense listed under Iowa Code section
				321.209.
(2) The department shall revoke a person's
				license under Iowa Code subsection
				321.209(2)
				 upon receipt of a record of the person's
				conviction for a felony:
a. Which provides
				specific factual findings by the court that a motor vehicle was used in the
				commission of the offense,
b. Which
				is accompanied by information from the prosecuting attorney indicating that a
				motor vehicle was used in the commission of the crime, or
c. Where the elements of the offense actually
				required the use of a motor vehicle.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.30 - Revocation for Out-of-state Offense

Current through Register Vol. 47, No. 3, July 24, 2024
The department may revoke an Iowa resident's license when the
				  department is notified by another state that the person committed an offense in
				  that state which, if committed in Iowa, would be grounds for revocation. The
				  notice may indicate either a conviction or a final administrative decision. The
				  period of the revocation shall be the same as if the offense had occurred in
				  Iowa.
This rule is intended to implement Iowa Code section
				  321.205.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.32 - Extension of Suspension or Revocation Period Under Iowa Code Chapter 321j

Current through Register Vol. 47, No. 3, July 24, 2024
Anything in rule
				  761-615.11 (321)
				  notwithstanding, the department shall extend the period of license suspension
				  or revocation for an additional like period when the person is convicted of
				  operating a motor vehicle while the person's license is suspended or revoked
				  under Iowa Code chapter 321J.
This rule is intended to implement Iowa Code section
				  321J.21.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.33 - Revocation of a Minor's License

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department shall revoke a minor's
				restricted license upon receiving a record of the minor's conviction for two or
				more moving violations.
(2) The
				department shall revoke a minor's school license upon receiving a record of the
				minor's conviction for two or more moving violations.
This rule is intended to implement Iowa Code subsection
				  321.178(2) and section
				  321.194.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.36 - Effective Date of Suspension, Revocation, Disqualification or Bar

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise specified by statute or rule, a suspension,
				  revocation, disqualification or bar shall begin 30 days after the department's
				  notice of suspension, revocation, disqualification or bar is served.
This rule is intended to implement Iowa Code sections
				  321.208,
				  321.209,
				  321.210, and
				  321.556.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.37 - Service of Notice

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				department shall send a notice of denial, cancellation, suspension, revocation,
				disqualification or bar by first-class mail to the person's mailing address as
				shown on departmental records.
(2)
				In lieu of service by mail, the notice may be delivered by a peace officer, a
				departmental employee, or any person over 18 years of age.
a. The person serving the notice shall
				prepare a certificate of personal service certifying delivery, specifying the
				name of the receiver, the address and the date, or certifying
				nondelivery.
b. The department
				shall pay fees for personal service of notice by a sheriff as specified in Iowa
				Code section
				331.655.
				The department may also contract for personal service of notice when the
				department determines that it is in the best interests of the state.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.38 - Hearing and Appeal Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability.
This rule applies to:
a. License denials, cancellations and
				suspensions under Iowa Code sections
				321.177
				to
				321.215
				and
				321A.4
				to
				321A.11
				except suspensions under Iowa Code sections
				321.213A
				and
				321.213B.
b. License suspensions and revocations under
				Iowa Code sections
				321.218
				and
				321J.21.
c. License revocations under Iowa Code
				sections
				321.193
				and
				321.205.
d. Disqualifications from operating a
				commercial motor vehicle under Iowa Code section
				321.208.
e. License bars under Iowa Code section
				321.556.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.39 - Surrender of License

Current through Register Vol. 47, No. 3, July 24, 2024
A person whose Iowa license has been canceled, suspended,
				  revoked or barred or who has been disqualified from operating a commercial
				  motor vehicle shall surrender the license to the designated representative of
				  the department on or before the effective date of the sanction.
This rule is intended to implement Iowa Code sections
				  321.201,
				  321.208,
				  321.212,
				  321.216,
				  321.556,
				  and
				  321A.31.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.40 - License Reinstatement or Reissue

Current through Register Vol. 47, No. 3, July 24, 2024
The department may reinstate the license when the denial,
				  cancellation, suspension, revocation, bar or disqualification has ended if the
				  person has:
(1) Filed proof of
				financial responsibility under Iowa Code chapter 321A, when required, for all
				vehicles to be operated. The class of license issued will depend on the
				examinations passed and other qualifications of the applicant. Regardless of
				the class of license issued, the license shall be valid only for the operation
				of the motor vehicles covered under the proof of financial responsibility filed
				by the applicant.
(2) Paid the
				civil penalty when required by Iowa Code section
				321J.17.
(3) Complied with the specific instructions
				given in the department's notice terminating the sanction.
(4) Successfully completed the required
				driver license examination.
(5)
				Paid the reinstatement fee when required. The reinstatement fee is specified in
				Iowa Code section
				321.191.
(6) Paid the appropriate license fee or
				duplicate license fee. These fees are specified in Iowa Code sections
				321.191
				and
				321.195.
This rule is intended to implement Iowa Code sections
				  321.186,321.191,321.195,321.208,321.212,321A.17and
				  321J.17.