reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.41 - Investigation of Convictions Based on Fraud

Current through Register Vol. 47, No. 3, July 24, 2024
A person requesting investigation of fraudulent use of a
				  person's name or other fraudulent identification that resulted in a record of
				  conviction for a scheduled violation under Iowa Code chapter 321 and listed in
				  Iowa Code section
				  805.8A
				  may submit a written application to the department using Form 420049. The
				  department shall review the application and may investigate, if appropriate, as
				  required by Iowa Code section
				  321.200A.
				  Form 420049 may be obtained by contacting the Bureau of Investigation and
				  Identity Protection, Iowa Department of Transportation, 6310 SE Convenience
				  Blvd., Ankeny, Iowa; or on the department's website.
This rule is intended to implement Iowa Code section
				  321.200A.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.42 - Remedial Driver Improvement Action Under Iowa Code Section 321.180b

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
				shall require remedial driver improvement action when a person holding an
				instruction permit, an intermediate license or a full-privilege driver's
				license under Iowa Code section
				321.18
				OB is convicted of a moving violation or has a contributive accident and the
				violation or accident occurred during the term of the instruction permit or
				intermediate license.
(2)
				Completion of remedial driver improvement action means any or all of the
				following as determined by the department: suspension, safety advisory letter,
				additional restriction(s), vision screening, knowledge examination, and driving
				examination.
(3) A suspension
				period under this rule shall be for no less than 30 days nor longer than one
				year. A person whose driving privilege has been suspended under this rule is
				not eligible for a temporary restricted license.
(4) Remedial driver improvement action or
				suspension under this rule terminates when a person attains the age of 18.
This rule is intended to implement Iowa Code section
				  321.180B.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.43 - Driver Improvement Program.

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When required.
a. In lieu of suspension, the department may
				require the following persons to attend and successfully complete, at the
				person's own expense, a driver improvement program approved by the department:
(1) A habitual violator.
(2) A person who is convicted for speeding at
				least 25 but not more than 29 miles per hour over the legal limit.
(3) A person whose license is subject to
				suspension under Iowa Code section
				321.210C.
(4) A person who is convicted of a first
				offense violation of Iowa Code section
				321.372(3)
				 or a similar ordinance of any political
				subdivision.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 615 - Sanctions › Rule 761-615.45 - Temporary Restricted License (work permit)

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Ineligibility.
The
				department shall not issue a temporary restricted license under Iowa Code
				section
				321.215
				to an applicant:
a. Whose license has been
				denied or canceled.
b. Whose
				license has been suspended for incapability.
c. Whose license has been suspended for
				noncompliance with the financial responsibility law.
d. Whose minor's school license or minor's
				restricted license has been suspended or revoked.
e. Rescinded IAB 10/6/21, effective
				11/10/21.
f. Whose license has been
				mandatorily revoked under Iowa Code section
				321.209,
				subsections 1 to 4 or subsection 7, or for a second or subsequent conviction
				for drag racing.
g. Whose license
				is barred under Iowa Code section
				321.560
				unless the applicant is declared to be a habitual offender under Iowa Code
				section
				321.555(1)
"c"
or 321.555(2).
h. Whose license has been suspended due to
				receipt of a certificate of noncompliance from the child support recovery
				unit.
i. Whose license has been
				suspended for a charge of vehicular homicide.
j. Whose license has been suspended under
				Iowa Code section
				321.180B(3).
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 620 - Owi and Implied Consent › Rule 761-620.2 - Information and Location

Current through Register Vol. 47, No. 3, July 24, 2024
Applications, forms, information, assistance, and answers to
				  questions relating to this chapter are available by mail from the Motor Vehicle
				  Division, 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; or by facsimile at (515)239-1837.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 620 - Owi and Implied Consent › Rule 761-620.3 - Issuance of Temporary Restricted License

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligibility and
				application.
a. The department may
				issue a temporary restricted license to a person who is eligible under and for
				the purposes listed in Iowa Code chapter 321J. The department shall not issue a
				temporary restricted license to a person who is otherwise ineligible.
b. To apply for a temporary restricted
				license, an applicant shall, at any time before or during the revocation
				period, submit application Form 430400 to the motor vehicle division. The
				application form should be furnished by the arresting officer. It may also be
				obtained upon oral or written request to the motor vehicle division.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 620 - Owi and Implied Consent › Rule 761-620.4 - Hearings and Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contested case hearing.
a. A
				person may request a contested case hearing by checking the appropriate box on
				Form 432018 and submitting it to the department or by submitting a written
				request to the director of the motor vehicle division. The request shall
				include the person's name, date of birth, driver's license number, complete
				address and telephone number.
b. A
				request for a hearing to contest the denial of a temporary restricted license
				or to contest the restrictions may be submitted at any time.
c. A request for a hearing to contest a
				revocation shall be submitted within ten days after receipt of the revocation
				notice. The request shall be deemed timely submitted if it is delivered to the
				director of the motor vehicle division or properly addressed and postmarked
				within this time period.
d. Failure
				to timely request a hearing on a revocation is a waiver of the right to a
				hearing under Iowa Code chapter 321J, and the revocation shall become effective
				on the date specified in the revocation notice.
e. After a hearing, a written decision will
				be issued by the presiding officer.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 620 - Owi and Implied Consent › Rule 761-620.5 - Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
The department may reinstate the license when the revocation
				  has ended if the person has:
(1) Filed
				proof of financial responsibility under Iowa Code chapter 321A for all motor
				vehicles to be operated.
(2) Paid
				the $200 civil penalty.
(3)
				Provided proof of satisfactory completion of a course for drinking drivers and
				proof of completion of substance abuse evaluation and treatment or
				rehabilitation services on a form and in a manner approved by the
				department.
(4) Successfully
				completed the required driver license examination.
(5) Paid the specified reinstatement
				fee.
(6) Paid the appropriate
				license or permit fee.
(7)
				Provided, if required by Iowa Code section 321 J. 17(3), proof of installation
				of an approved ignition interlock device or proof the person remains in
				compliance with the ignition interlock device requirement if the device was
				installed for a temporary restricted license.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 620 - Owi and Implied Consent › Rule 761-620.6 - Issuance of Temporary Restricted License After Revocation Period Has Expired

Current through Register Vol. 47, No. 3, July 24, 2024
The department may issue a temporary restricted license to a
				  person whose period of revocation under Iowa Code chapter 321J has expired but
				  who has not met all the requirements for license reinstatement. The period of
				  issuance shall be determined by the department, but it shall not exceed six
				  months from the end of the original revocation period.
(1) An applicant for a temporary restricted
				license under this rule must meet one of the following two conditions:
a. The applicant must demonstrate to the
				satisfaction of the department that a course for drinking drivers was not
				readily available to the person during the revocation period and that the
				applicant has enrolled in a course for drinking drivers. The applicant must
				furnish the dates the class will begin and end.
b. The applicant must demonstrate to the
				satisfaction of the department that substance abuse evaluation and treatment or
				rehabilitation services have not been completed because of an inability to
				schedule them or because they are ongoing.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 620 - Owi and Implied Consent › Rule 761-620.15 - Substance Abuse Evaluation and Treatment or Rehabilitation Services

Current through Register Vol. 47, No. 3, July 24, 2024
When the department revokes a person's license under Iowa
				  Code chapter 321J, the department shall also order the person to submit to
				  substance abuse evaluation and, if recommended, treatment or rehabilitation
				  services. A provider of substance abuse evaluation and treatment or
				  rehabilitation programs shall be licensed by the Iowa department of public
				  health, division of substance abuse.
(1)
Reporting.
a. When a person who has been ordered to
				attend a substance abuse program has satisfactorily completed the program, the
				program provider shall electronically report completion to the department in a
				manner approved by the department.
b. Reporting to the department shall be in
				accordance with Iowa Code sections
				125.37,125.84
				and
				125.86
				and the federal confidentiality regulations, "Confidentiality of Alcohol and
				Drug Abuse Patient Records," 42 CFR Part 2.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 620 - Owi and Implied Consent › Rule 761-620.16 - Drinking Drivers Course

Current through Register Vol. 47, No. 3, July 24, 2024
When the department revokes a person's license under Iowa
				  Code chapter 321J, the department shall order the person to enroll, attend and
				  satisfactorily complete a course for drinking drivers, as provided in Iowa Code
				  section
				  321J.22.
(1)
Reporting.
a. When a person who has been ordered to
				attend a drinking drivers course has successfully completed the course, the
				program provider under Iowa Code section 321 J.22(2)
"a"
shall
				electronically report completion to the department in a manner approved by the
				department.
b.
				Reserved.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 625 - Driver's Licenses for Undercover Law Enforcement Officers › Rule 761-625.2 - Application

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				application for an undercover driver's license must:
a. Be in writing.
b. Include a fictitious name as well as the
				applicant's true identity.
c.
				Include a statement of need.
d. Be
				signed by both the applicant and the head of the law enforcement agency
				employing the applicant.
e. Be
				submitted to the Bureau of Investigation and Identity Protection, Iowa
				Department of Transportation, 6310 SE Convenience Blvd., Ankeny, Iowa
				50021.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 625 - Driver's Licenses for Undercover Law Enforcement Officers › Rule 761-625.3 - Issuance

Current through Register Vol. 47, No. 3, July 24, 2024
(1) To obtain an
				undercover license after the application is approved, the applicant must appear
				at the Motor Vehicle Division offices, Iowa Department of Transportation, 6310
				SE Convenience Blvd., Ankeny, Iowa, with all applicable documents necessary for
				the issuance of an undercover license.
(2) The license will be issued with an
				applicable expiration date as provided in Iowa Code section
				321.196.
				The applicant must pay all fees and meet all requirements for the class of
				license applied for, except that rule
				761-601.5 (321) is waived in
				accordance with the provisions in
				6 CFR
				37.11.
(3) An undercover license may not be renewed.
				The department may issue a subsequent new undercover license to an applicant
				who submits a new application and continues to meet the requirements of rule
				761-625.2(321).
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 625 - Driver's Licenses for Undercover Law Enforcement Officers › Rule 761-625.5 - Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
When the need for an undercover license no longer exists or
				  if the licensee ceases to be employed by the sponsoring law enforcement agency,
				  the licensee shall surrender the undercover license to the bureau of
				  investigation and identity protection for cancellation.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 625 - Driver's Licenses for Undercover Law Enforcement Officers › Rule 761-625.6 - Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Applications,
				forms and other records of the department that establish the true identity of
				an applicant or licensee under this chapter are confidential public records
				under Iowa Code sections
				22.7,
				80G.3
				and
				321.189A.
				The fictitious license information itself is not confidential, except as
				provided in Iowa Code section
				321.11.
(2) The open public records of the department
				shall contain no information or indicator that would distinguish any undercover
				license issued under this chapter from any other driver's license issued by the
				department.
(3) An undercover
				license issued under this chapter will appear on the driver's license record
				system.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 630 - Nonoperator's Identification › Rule 761-630.1 - General Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				department shall issue a nonoperator's identification card only to an Iowa
				resident who does not have a driver's license. However, a card may be issued to
				a person holding a temporary permit under Iowa Code section
				321.181.
(2) Information concerning the nonoperator's
				identification card is available at any driver's license service center or at
				the address in 761-600.2 (17A).
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 630 - Nonoperator's Identification › Rule 761-630.3 - Duplicate Card

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Lost, stolen or destroyed card.
To replace a nonoperator's
				identification card that is lost, stolen or destroyed, the cardholder shall
				provide the cardholder's full legal name, date of birth, and social security
				number, all of which must be verified by the department, and pay the
				replacement fee. A cardholder subject to 761-paragraph
				601.5(2)
"b"
shall provide the applicant's U.S. Customs and
				Immigration Services number, which must be verified by the department. The
				department may investigate or require additional information as may be
				reasonably necessary to determine that the cardholder's identity matches the
				identity of record and shall not issue the replacement card if the cardholder's
				identity is questionable, cannot be determined, or otherwise does not match the
				identity of record. If the cardholder's current residential address, name, date
				of birth, or sex designation has changed since the previous card was issued,
				the cardholder shall comply with 761-subrule 605.11(2).
(2)
Voluntary replacement.
To voluntarily replace a nonoperator's identification card, the cardholder
				shall surrender to the department the card to be replaced. The reasons a card
				may be voluntarily replaced and any additional supporting documentation
				required are the same as those listed in 761-paragraphs 605.11(2)
"a"
to
"j. "
(3)
Replacement upon attaining the
				age of 21.
A cardholder, upon attaining the age of 21, who is
				otherwise eligible for a nonoperator's identification card, is eligible to
				electronically apply for a replacement card under this rule for the unexpired
				months of the card, regardless of whether the most recent issuance occurred
				electronically.
a. Except for the
				requirements in 761-subparagraphs 605.25(7)
"a"
(1) and
				605.25(7)
"a"
(2), the cardholder must meet the eligibility
				requirements listed in 761-paragraph 605.25(7)
"a"
to replace
				the card electronically and must also meet the following criteria:
(1) The cardholder must be at least 21 years
				old.
(2) The cardholder must
				currently hold a nonoperator's identification card marked "Under 21" as
				provided in Iowa Code section
				321.190.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 630 - Nonoperator's Identification › Rule 761-630.4 - Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall cancel a nonoperator's identification
				  card upon receipt of evidence that the person was not entitled or is no longer
				  entitled to a card, failed to give correct information, committed fraud in
				  applying or used the card unlawfully.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 634 - Driver Education › Rule 761-634.1 - Information and Location

Current through Register Vol. 47, No. 3, July 24, 2024
Applications, forms and information regarding this chapter
				  are available by mail from the Motor Vehicle Division, 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
.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 634 - Driver Education › Rule 761-634.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Behind-the-wheel instruction"
means the
				  street or highway driving instruction component of an approved driver education
				  course.
"Instructor,"
for purposes of this chapter,
				  means a person certified to provide behind-the-wheel instruction.
"Laboratory instruction"
includes
				  instruction received by a student while the student is in the driver education
				  vehicle or adjacent to it as referred to in paragraphs
				  634.4(2)
"c"
and 634.4(2) "J" and may also include range or
				  simulation as referred to in paragraphs 634.4(2)
"h"
and
				  634.4(2)
"i."
"Serious injury"
means the same as defined
				  in Iowa Code section
				  702.18.
"Teacher"
means the same as defined in Iowa
				  Code section
				  272.1.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 634 - Driver Education › Rule 761-634.6 - Instructor Qualifications, Application and Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Behind-the-wheel instructor
				qualifications.
To qualify to provide behind-the-wheel instruction,
				the person must:
a. Hold a valid driver's
				license that permits unaccompanied driving, other than a motorized bicycle
				license or a temporary restricted license.
b. Have a clear driving record for the
				previous two years. A clear driving record means the person has:
(1) Not been identified as a candidate for
				driver's license suspension under the habitual violator provisions of rule
				761-615.13 (321) or the serious
				violation provisions of rule
				761-615.17 (321).
(2) No driver's license suspensions,
				revocations, denials, cancellations, disqualifications or bars.
(3) Not committed an offense that would
				result in driver's license suspension, revocation, denial, cancellation,
				disqualification or bar.
(4) No
				record of a contributive motor vehicle accident that caused the death or
				serious injury of another person.
(5) No record of two or more contributive
				motor vehicle accidents in a two-year period.
c. Meet the requirements for either a
				licensed teacher in 282-subrule 13.28(4) or a certified behind-the-wheel
				instructor in this chapter.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 634 - Driver Education › Rule 761-634.7 - Instructor Disqualification, Investigation and Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Disqualifications.
A person shall be disqualified by the
				department from certification as a behind-the-wheel driving instructor for any
				of the reasons for which the executive director of the Iowa board of
				educational examiners would deny an application for licensure, certification or
				authorization as provided in rule
				282-11.35 (272).
(2)
Investigation.
The
				department may investigate an applicant for a behind-the-wheel instructor's
				certification or an instructor to determine if the applicant or instructor
				meets the requirements for certification. The investigation may include but is
				not limited to an inquiry into the applicant's or instructor's criminal history
				from the department of public safety.
(3)
Cancellation.
The
				department shall cancel the behind-the-wheel instructor's certification of an
				individual who no longer qualifies under this chapter.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 634 - Driver Education › Rule 761-634.8 - Private and Commercial Driver Education Schools

Current through Register Vol. 47, No. 3, July 24, 2024
The department licenses private and commercial driver
				  education schools as follows:
(1)
Course approval.
Before becoming licensed, a driver education
				school must receive course approval, which includes approval of all teachers
				and instructors listed on the application, from the department prior to the
				beginning of the first class that is offered and annually thereafter.
				Behind-the-wheel instruction must be provided by a person who meets the
				instructor requirements in rule
				761-634.6 (321). Evidence of the
				approvals and certifications must be submitted to the department upon
				application for a license, upon renewal of a license, and upon reinstatement of
				a license following cancellation.
(2)
Application and fees.
Application for license issuance or renewal shall be made to the department in
				a manner determined by the department. The fee for a license or the renewal of
				a license is $25. The fee must be paid by cash, money order or check, unless
				the department approves payment of the fee by electronic means. A money order
				or check must be for the exact amount and should be made payable to the
				Treasurer, State of Iowa, or the Department of Transportation.
(3)
Issuance and renewal.
A
				license to teach driver education shall be issued for a calendar year or
				remainder of a calendar year. The license expires on December 31 but remains
				valid for an additional 30 days after the expiration date. The application for
				renewal shall be submitted to the department within 60 days of the expiration
				date, unless otherwise approved by the department.
(4)
Cancellation.
A license
				to teach driver education shall be canceled if the course, teacher, or
				instructor is no longer approved or the person providing only behind-the-wheel
				instruction for driver education is no longer certified by the department and
				authorized by the Iowa board of educational examiners.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 634 - Driver Education › Rule 761-634.11 - Driver Education-teaching Parent

Current through Register Vol. 47, No. 3, July 24, 2024
As an alternative to a driver education course offered by a
				  course provider approved under rule
				  761-634.4 (321), a teaching
				  parent may instruct a student in an approved course of driver education.
(1)
Definitions.
As used in
				this rule:
"Approved course"
means a driver education
				  curriculum approved by the department that meets the requirements of Iowa Code
				  section
				  321.178A
				  and is appropriate for teaching-parent-directed driver education and related
				  behind-the-wheel instruction.
"Clear driving record"
means the person
				  currently and during the prior two-year period has not been identified as a
				  candidate for suspension or revocation of a driver's license under the habitual
				  offender or habitual violator provisions of rule
				  761-615.9 (321) or rule
				  761-615.13 (321); is not subject
				  to a driver's license suspension, revocation, denial, cancellation,
				  disqualification, or bar; and has no record of a conviction for a moving
				  traffic violation determined to be the cause of a motor vehicle
				  accident.
"Course vendor"
means a third-party vendor
				  that makes available commercially an approved course.
"Student"
means a person between the ages of
				  14 and 21 years who is within the custody and control of the teaching parent
				  and who holds a valid Iowa noncommercial instruction permit.
"Teaching parent"
means the same as defined
				  in Iowa Code section
				  321.178A.
(2) Reserved.
(3)
Instruction by a teaching
				parent.
a. A teaching parent shall
				instruct the student using an approved course.
b. The teaching parent shall select the
				course to be used from the list of approved courses posted on the department's
				website and shall purchase the course directly from the applicable course
				vendor.
c. No person shall provide
				driver education as a teaching parent unless the person meets the definition of
				a teaching parent, and the department shall not recognize driver education that
				was:
(1) Provided by a person who does not
				meet the definition of a teaching parent.
(2) Provided to a person who is not a student
				as defined in subrule 634.11(1).
(3) Offered under a course other than an
				approved course.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 635 - Motorcycle Rider Education (MRE) › Rule 761-635.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Approved course "
means the motorcycle
				  rider education course approved by the department.
"MRE"
means motorcycle rider
				  education.
"Sponsor"
means an entity that delivers the
				  approved course.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 635 - Motorcycle Rider Education (MRE) › Rule 761-635.3 - Instructors

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
License.
An instructor of the approved course must be licensed
				by the department. However, an individual who meets the qualifications for a
				license except for paragraph 635.3(2)
"d"
or whose license is
				denied under paragraph 635.3(3)
"c"
may teach the approved
				course as provided in those paragraphs.
(2)
Licensing provisions.
A
				motorcycle rider education instructor's license shall be issued for a calendar
				year or remainder of a calendar year. The license expires on December 31 but
				remains valid for an additional 30 days after the expiration date of the year
				it is issued. The application for renewal shall be submitted to the department
				within 60 days of the expiration date, unless otherwise approved by the
				department. To obtain and retain an MRE instructor's license, an individual
				must:
a. Possess a valid Class M driver's
				license or a motorcycle endorsement or equivalent license or endorsement that
				is valid for a two-wheel motorcycle.
b. Successfully complete a nationally
				recognized, research-based instructor preparation course approved by the
				department.
c. Possess a current
				instructor certification from a nationally recognized motorcycle safety
				organization approved by the department.
d. Before a license is granted, teach one
				class of the approved course under the guidance of an experienced, licensed
				instructor approved by the department.
e. After the year in which a license is
				granted, teach at least one nationally recognized, research-based motorcycle
				rider preparation course approved by the department in Iowa or another state
				each calendar year.
f. After the
				year in which a license is granted, complete at least one state-sponsored or
				state-approved instructor update each calendar year. The update must be
				completed in Iowa every other year.
g. Have a clear driving record for the
				previous two years. A clear driving record means the individual has:
(1) Not been identified as a candidate for
				driver's license suspension under the habitual violator provisions of rule
				761-615.13(321) or the serious violation provisions of rule
				761-615.17(321).
(2) No driver's
				license suspensions, revocations, denials, cancellations, disqualifications or
				bars.
(3) Not committed an offense
				that would result in driver's license suspension, revocation, denial,
				cancellation, disqualification or bar.
(4) No record of a law enforcement
				investigative report indicating a contributive motor vehicle accident that
				caused the death or serious injury of another person.
(5) No record of two or more contributive
				motor vehicle accidents in a two-year period.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 635 - Motorcycle Rider Education (MRE) › Rule 761-635.4 - Responsibilities of Sponsors

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Sponsors shall:
a. Comply with all teaching
				and instructor provisions of the approved course.
b. Use only instructors licensed by the
				department to teach the approved course. However, an individual who meets the
				qualifications for a license except for paragraph 635.3(2)
"d"
or whose license is denied under paragraph 635.3(3)
"c"
may
				teach the approved course as provided in those paragraphs.
c. Maintain liability insurance in an amount
				of not less than $1 million, combined single limit, with an aggregate limit of
				not less than $2 million, and file a certificate of this insurance with the
				department. The certificate shall verify coverage for scheduled courses of
				instruction. The certificate shall name the department and its officers,
				agents, representatives and employees as additional insureds with respect to
				all work, deliveries or services performed for them by the named insured, and
				shall specify that the department of transportation, driver and identification
				services bureau, shall be given at least 30 days' prior notice of any material
				change in or cancellation of the insurance.
A sponsor who is a state agency or public educational
				  institution shall provide written verification of self-insurance to the
				  department.
d. Maintain
				complete instructional accident report files and furnish this information to
				the department in a manner determined by the department.
e. Maintain a record of costs incurred in
				providing the approved course.
f.
				Allow the department or the department's designee to audit any class of the
				approved course, either announced or unannounced.
g. Involve a program administrator in an
				annual department-sponsored, in-service seminar.
h. Provide and maintain adequate
				instructional facilities and equipment to accommodate all components-lecture,
				audio-visual, and on-cycle-of the approved course.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 635 - Motorcycle Rider Education (MRE) › Rule 761-635.5 - Use of Motorcycle Rider Education Fund

Current through Register Vol. 47, No. 3, July 24, 2024
The motorcycle rider education fund may be used for the
				  following purposes:
(1)
Course
				development.
New or current sponsors may apply to the department for
				funds to establish delivery of the approved course at an unserved site. Current
				sponsors may apply for funds to expand delivery at an existing site.
a. Expenditures eligible for funding are
				limited to:
(1) Acquisition of necessary
				classroom furnishings and audio-visual systems if used exclusively to deliver
				the approved course.
(2) Required
				curriculum materials including necessary audio and visual components.
(3) Range development and maintenance
				excluding land acquisition, surfacing and resurfacing.
(4) Training motorcycles and motorcycle
				maintenance equipment if the equipment is to be used exclusively for the upkeep
				of the motorcycles.
(5) On-cycle
				safety equipment limited to helmets, eye-protective devices and
				gloves.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 635 - Motorcycle Rider Education (MRE) › Rule 761-635.6 - Information and Location

Current through Register Vol. 47, No. 3, July 24, 2024
Applications, forms and information regarding this chapter
				  are 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 by email at
mre.dot@iowadot.us
.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 635 - Motorcycle Rider Education (MRE) › Rule 761-635.7 - License Issuance

Current through Register Vol. 47, No. 3, July 24, 2024
To be licensed to provide MRE, the sponsor's course and
				  instructors must be approved by the department in accordance with this
				  chapter.
(1)
Issuance and
				renewal.
A license to provide MRE shall be issued for a calendar year
				or remainder of a calendar year. The license expires on December 31 and must be
				renewed annually.
(2)
Cancellation.
A license to provide MRE shall be canceled if
				the course or instructors are no longer approved. Also, a license to provide
				MRE shall be canceled if the sponsor does not comply with this
				chapter.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 636 - Motorized Bicycle Rider Education › Rule 761-636.1 - Information and Location

Current through Register Vol. 47, No. 3, July 24, 2024
Applications, forms and information regarding this chapter
				  are 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; or by facsimile at (515)239-1837.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 636 - Motorized Bicycle Rider Education › Rule 761-636.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Approved course"
means the motorized
				  bicycle rider education course approved by the department.
"Instructor"
means a person approved by the
				  department to instruct a motorized bicycle rider education course.
"Program approval"
means department approval
				  of an entity's motorized bicycle rider education course and instructors.
"Sponsor"
means an entity that delivers the
				  approved course.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 636 - Motorized Bicycle Rider Education › Rule 761-636.4 - Approved Program in Motorized Bicycle Rider Education

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Program approval.
Any
				entity planning to offer a motorized bicycle rider education course must
				receive program approval from the department prior to the beginning of the
				first class that is offered and annually thereafter.
(2)
Application and fees.
Application for initial program approval or annual program approval renewal
				shall be made to the department in a manner determined by the department. The
				application fee is $25 for a private or commercial sponsor. The fee must be
				paid by cash, money order or check unless the department approves payment of
				the fee by electronic means. A money order or check must be for the exact
				amount and should be made payable to the Treasurer, State of Iowa, or the
				Department of Transportation.
(3)
Initial program approval and annual renewal.
Program approval
				to provide motorized bicycle rider education shall be issued for a calendar
				year or remainder of a calendar year. The program approval expires on December
				31 but remains valid for an additional 30 days after the expiration date. The
				application for renewal shall be submitted to the department within 60 days of
				the expiration date, unless otherwise approved by the department.
(4)
Cancellation and denial.
The department shall cancel or deny program approval if the course or
				instructors are no longer approved.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 636 - Motorized Bicycle Rider Education › Rule 761-636.5 - Course Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Classroom instruction.
An approved course shall consist of a
				minimum of six clock hours of classroom instruction which includes the
				instructional components contained in subrule 636.5(3).
(2)
Driving instruction.
Motorized bicycle rider driving experiences in addition to classroom
				instruction are permissible, but not required.
(3)
Course content.
The
				following instructional components shall be incorporated in every motorized
				bicycle rider education course.
a.
Operator and motorized bicycle preparation.
(1) Knowledge of Iowa driving laws.
(2) Knowledge of vehicle registration
				requirements.
(3) Vehicle
				inspection.
(4) Protective clothing
				and devices.
(5) Risk
				assessment.
(6) Route
				selection.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 636 - Motorized Bicycle Rider Education › Rule 761-636.6 - Instructor Approval

Current through Register Vol. 47, No. 3, July 24, 2024
An instructor of an approved motorized bicycle rider
				  education course must be listed on the application for program approval as
				  provided in subrules 636.4(1) and 636.4(2) and approved by the
				  department.
(1)
Instructor
				qualifications.
An instructor of an approved course shall possess a
				valid driver's license allowing unaccompanied driving other than a temporary
				restricted license and shall be able to operate a motorized bicycle. An
				instructor must also have a clear driving record for the previous two years. A
				clear driving record means the instructor has:
a. Not been identified as a candidate for
				driver's license suspension under the habitual violator provisions of rule
				761-615.13(321) or the serious violation provisions of rule
				761-615.17(321).
b. No driver's
				license suspensions, revocations, denials, cancellations, disqualifications or
				bars.
c. Not committed an offense
				that would result in driver's license suspension, revocation, denial,
				cancellation, disqualification or bar.
d. No record of a law enforcement
				investigative report indicating a contributive motor vehicle accident that
				caused the death or serious injury of another person.
e. No record of a law enforcement
				investigative report indicating two or more contributive motor vehicle
				accidents in a two-year period.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 636 - Motorized Bicycle Rider Education › Rule 761-636.8 - Teacher Qualifications

Current through Register Vol. 47, No. 3, July 24, 2024
A teacher of an approved motorized bicycle rider education
				  course shall possess a valid license allowing unaccompanied driving other than
				  a temporary restricted license and shall be able to operate a motorized
				  bicycle. A teacher must also have a clear driving record for the previous two
				  years. A clear driving record means the teacher has:
(1) Not been identified as a candidate for
				driver's license suspension under the habitual violator provisions of rule
				761-615.13
				(321) or the serious violation provisions of rule
				761-615.17
				(321).
(2) No driver's license
				suspensions, revocations, denials, cancellations, disqualifications or
				bars.
(3) Not committed an offense
				that would result in driver's license suspension, revocation, denial,
				cancellation, disqualification or bar.
(4) No record of an accident for which the
				individual was convicted of a moving traffic violation.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 640 - Financial Responsibility › Rule 761-640.1 - General Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
The definitions contained in Iowa Code section
				321A.1 are hereby adopted. In addition:
"Department"
means the Iowa department of
				  transportation.
"Security"
means an amount of money
				  sufficient in the determination of the department to satisfy any judgment or
				  judgments for damages resulting from the accident as may be recovered against
				  the operator or owner. Security is subject to the limitations and requirements
				  of Iowa Code sections
				  321A.5 and
				  321A.9.
(2)
Exceptions.
Except for
				accident reporting requirements, this chapter of rules does not apply to the
				owners or operators of motor vehicles excepted by Iowa Code section
				321A.33. To establish
				availability of an exception, the person required to show proof shall submit to
				the department a letter from the owner of the motor vehicle authorizing the
				person to use the motor vehicle.
(3)
Submissions and
				information.
Except as otherwise provided in this chapter, required
				submissions shall be either mailed to the Motor Vehicle Division, Iowa
				Department of Transportation, P.O. Box 9204, Des Moines, Iowa 50306-9204;
				delivered in person to 6310 SE Convenience Blvd., Ankeny, Iowa; or sent by
				facsimile to (515)239-1837. Information about the motor vehicle financial
				responsibility law in Iowa Code chapter 321A is available from these sources or
				by telephone at (515)244-8725.
This rule is intended to implement Iowa Code sections
				  17A.3,
				  321A.1 and
				  321A.33.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 640 - Financial Responsibility › Rule 761-640.2 - Hearing and Appeal Process

Current through Register Vol. 47, No. 3, July 24, 2024
A person who is aggrieved by an action of the department
				  implementing Iowa Code sections
				  321A.4
				  to 321 A. 11 may contest the action in accordance with
				  761-615.38
				  (17A,321). The administrative law judge in a contested case hearing may
				  subpoena witnesses and conduct any investigation deemed necessary to:
(1) Determine if the person is properly
				identified with the accident.
(2)
				Determine if there is any reasonable possibility that judgment could be
				rendered against the person.
(3)
				Determine if the person is entitled to any exceptions provided by
				law.
(4) Determine if the security
				required following an accident is reasonable and make adjustments deemed
				necessary or proper.
This rule is intended to implement Iowa Code chapter 17A and
				  section
				  321A.2.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 640 - Financial Responsibility › Rule 761-640.3 - Accident Reporting Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Accident reporting requirements are specified in Iowa Code
				  section 321.266 and on Form 433002,
				  "Iowa Accident Report Form," which is available from law enforcement officers,
				  driver's license service centers, or from the motor vehicle division at the
				  address in subrule 640.1(3).
This rule is intended to implement Iowa Code sections
				  321.266,
				  321.269 and
				  321A.4.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 640 - Financial Responsibility › Rule 761-640.4 - Security Required Following Accident

Current through Register Vol. 47, No. 3, July 24, 2024
Following an accident, security is required pursuant to Iowa
				  Code section 321A.5. For the purposes of
				  determining the 60-day time frame under Iowa Code section
				  321A.5(1), a
				  "report of a motor vehicle accident" includes a new or amended law enforcement
				  officer accident report submitted to the department under Iowa Code section
				  321.266(3); a
				  new or amended driver accident report, Form 433002, submitted to the department
				  under Iowa Code section
				  321.266(2); any
				  supplemental report submitted to the department under Iowa Code section
				  321.267; proof of transfer of
				  ownership of a vehicle involved in the accident that occurred prior to the date
				  of the accident; proof of identity of a driver incorrectly identified in an
				  initial accident report; or proof of loss submitted by an insurance carrier
				  authorized to transact insurance business in Iowa or its authorized subrogation
				  provider. Nothing in this rule shall be construed to extend the duration of a
				  suspension issued under Iowa Code section
				  321A.5 beyond the period
				  authorized in Iowa Code section
				  321A.7.
(1)
Suspension.
a. If the security requirements of Iowa Code
				section 321A.5 are not met, the
				department shall suspend all licenses of the driver and all registrations of
				the owner.
b. The suspension shall
				become effective 30 days after a suspension notice is served pursuant to rule
				761-615.37(321). The notice shall inform the person of the amount of security
				required. The duration of the suspension is provided in Iowa Code section
				321A.7. When the suspension ends, the department shall issue to the person a
				notice terminating the suspension.
Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 640 - Financial Responsibility › Rule 761-640.7 - Transfer of Suspended Registration

Current through Register Vol. 47, No. 3, July 24, 2024
A person whose motor vehicle registration privileges have
				  been suspended may make a bona fide sale pursuant to Iowa Code sections
				  321.493 and
				  321A.30. The department shall
				  release the suspended registration to permit the registration of the motor
				  vehicle by the purchaser when presented with either the seller's sworn
				  statement on Form 411107, "Notice of Sale of Vehicle and Delivery of Title," or
				  confirmation from the county treasurer that the sale has been made and release
				  of the registration is necessary to complete the transfer of title.
This rule is intended to implement Iowa Code sections
				  321.493 and
				  321A.30.