Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 607 - Commercial Driver Licensing › Rule 761-607.31 - Test Results

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Period of validity.
Passing knowledge and skills test results
				shall remain valid for a period of one year.
(2)
Retesting.
Subject to
				rule
				761-607.28 (321), an
				applicant shall be required to repeat only the knowledge test(s) or part(s) of
				the skills test that the applicant failed. An applicant who fails a test shall
				not be permitted to repeat that test the same day. An applicant may be required
				to repeat a test if the department determines the test was improperly
				administered.
(3)
Skills
				test results from other states.
As required by
				49
				CFR Section 383.79, the department shall
				accept the valid results of a skills test administered to an applicant who is
				domiciled in the state of Iowa and that was administered by another state, in
				accordance with 49 CFR Part 383 , Subparts F, G and H, in fulfillment of the
				applicant's testing requirements under
				49 CFR Section
				383.71 and the state's test administration
				requirements under
				49 CFR Section
				383.73. The results must be transmitted
				directly from the testing state to the department as required by
				49
				CFR Section 383.79.
(4)
Knowledge and skills test results
				from certified third-party testers.
A third-party tester certified
				under rule
				761-607.30
				(321) shall transmit the test results of tests administered by the third-party
				tester through secure electronic means determined by the department. The
				department may retest any person who has passed a knowledge or skills test
				administered by a certified third-party tester if it appears to the department
				that the knowledge or skills test administered by the third-party tester was
				administered fraudulently or improperly, and as needed to meet the third-party
				test examiner oversight requirements of 49 CFR Parts 383 and 384 applicable to
				knowledge and skills testing.
(5)
Downgrade or cancellation when retesting is required.
a. When retesting is required under subrule
				607.31(2) or 607.31(4), the department shall notify the person of the
				requirement to retake the applicable knowledge or skills test.
b. If the person fails to contact the
				department within 30 days after receipt of the notice, fails to appear for a
				scheduled retest, or fails the knowledge or skills test, the department shall,
				in accordance with the authority in
				49
				CFR Section 383.5 and Iowa Code section
				321.201, take one of the following actions:
(1) Downgrade the person's commercial
				driver's license or commercial learner's permit if the person held valid
				noncommercial driving privileges prior to obtaining the license or
				permit.
(2) Cancel the person's
				commercial driver's license or commercial learner's permit pursuant to
				761-subrule 615.7(3) if the applicant did not hold valid noncommercial driving
				privileges prior to obtaining the license or permit.
c. When a person's commercial driver's
				license or commercial learner's permit has been downgraded or canceled under
				this subrule, the person must comply with all applicable retesting requirements
				in order to regain the license or permit, in addition to any other applicable
				requirements for licensure.
This rule is intended to implement Iowa Code sections
				  321.180,
				  321.186,
				  321.187
				  as amended by 2022 Iowa Acts, Senate File 2337, section 1, 321.188 and
				  321.201.