Driver’s license—issuance, examination, 602.11(1), 602.12(1), 602.13(1), 604.50, 605.15(1), 605.26, 607.16
ARC 5495C
TRANSPORTATION DEPARTMENT[761]
Adopted and Filed
Rule making related to driver's license issuance and examination
The Department of Transportation hereby amends Chapter 602, "Classes of Driver's Licenses," Chapter 604, "License Examination," Chapter 605, "License Issuance," and Chapter 607, "Commercial Driver Licensing," Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is adopted under the authority provided in Iowa Code sections 307.12, 321.180B, 321.188, 321.189 and 321.196.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code sections 321.180B, 321.186, 321.188, 321.189, 321.194 and 321.196.
Purpose and Summary
This rule making implements several efficiencies regarding the driver's license issuance and examination process and aligns with existing legal authority and Department practice.
These amendments conform the Department's rules to 2020 Iowa Acts, House File 2360, section 1, which amended Iowa Code section 321.196 to increase the driver's license expiration dates for customers aged 66 and older, thus allowing an eight-year credential to be issued, provided that it does not expire past the customer's 80th birthday. Once a person reaches the age of 78, the person is eligible for a driver's license that is effective for a period of two years. These amendments also align with Iowa Code section 321.186 to provide that a special reexamination may consist of the requirement to provide a medical report or a vision report or screening, in addition to or instead of the other testing and screening requirements.
A new subrule addresses license extensions authorized under Iowa Code section 321.196 to specify that the six-month driver's license extension period applies to a noncommercial driver's license. However, federal regulation 49 CFR Section 383.153 allows for a 60-day extension if the person is a commercial driver's license (CDL) holder. A person whose Iowa driver's license expires is automatically afforded a 60-day grace period under Iowa Code section 321.196, but the Iowa grace period is not always recognized by other states, which can make the driver's license extension an important option for customers, especially for CDL holders traveling across state lines.
These amendments implement an online license upgrade process for persons subject to the graduated driver's license (GDL) requirements under Iowa Code section 321.180B. The GDL program covers drivers younger than 18 years of age and requires them to progress through a series of license class privileges before being issued a full driver's license. Currently, even though progressing to the next license class privilege under the GDL program is an upgrade, and is not a new license issuance or renewal, the upgrade to an intermediate license or full license still requires an in-person visit. However, with this rule change, the upgrade will be able to occur online if the applicant meets the eligibility criteria, including that the applicant was issued an intermediate license or minor's school license in person. To comply with federal REAL ID regulations, if the person upgrades the license under the online process to a full driver's license with an eight-year expiration date, the person will not be eligible to electronically renew the driver's license at the next renewal period because the federal regulations require an in-person renewal and a new driver's license photograph at least once every 16 years. Finally, these amendments provide that if the person is upgrading from a minor's school license and the person has a secondary address on the driver's license because the person's parents are separated or divorced, the person will not be prevented from using the online system.
Public Comment and Changes to Rule Making
Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 13, 2021, as ARC 5384C. No public comments were received. No changes from the Notice have been made.
Adoption of Rule Making
This rule making was adopted by the Department on February 17, 2021.
Fiscal Impact
This rule making has no fiscal impact to the State of Iowa beyond the impact estimated by the Legislative Services Agency for 2020 Iowa Acts, House File 2360.
Jobs Impact
After analysis and review of this rule making, no impact on jobs has been found.
Waivers
Any person who believes that the person's circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
Effective Date
This rule making will become effective on April 14, 2021.
The following rule-making actions are adopted:
Item 1. Amend paragraph 602.11(1)"b" as follows:
b. The license is issued for either two years or eight years.
(1)A qualified applicant who is at least 17 years, 11 months of age but not yet 72 78 years of age shall be issued an eight-year license. However, the expiration date of the license issued shall not exceed the licensee's 74th 80th birthday.
(2)A two-year license shall be issued to a qualified applicant who is under 17 years, 11 months of age or who is 72 78 years of age or older.
(3)No change.
Item 2. Amend paragraph 602.12(1)"c" as follows:
c. The license is issued for either two years or eight years.
(1)A qualified applicant who is at least 18 years of age but not yet 72 78 years of age shall be issued an eight-year license. However, the expiration date of the license issued shall not exceed the licensee's 74th 80th birthday.
(2)A two-year license shall be issued to a qualified applicant who is 72 78 years of age or older.
(3)No change.
Item 3. Amend paragraph 602.13(1)"b" as follows:
b. The license is issued for either two years or eight years.
(1)A qualified applicant who is at least 17 years, 11 months of age but not yet 72 78 years of age shall be issued an eight-year license. However, the expiration date of the license issued shall not exceed the licensee's 74th 80th birthday.
(2)A two-year license shall be issued to a qualified applicant who is under 17 years, 11 months of age or who is 72 78 years of age or older.
(3)No change.
Item 4. Amend rule 761—604.50(321) as follows:
761—604.50(321) Special reexaminations.
604.50(1) The As provided in Iowa Code section 321.186, the department may require a special reexamination consisting of a vision of any licensee. The reexamination may consist of one or more of the following:
a. Medical report.
b. Vision report.
c.Vision screening, cognitive.
d.Cognitive screening, knowledge.
e.Knowledge test and driving.
f.Driving test of any licensee.
604.50(1) 604.50(2) The department may require a special reexamination when a licensee has been involved in a fatal motor vehicle accident and the investigating officer's report of the accident indicates the licensee contributed to the accident.
604.50(2) 604.50(3) The department may require a special reexamination when a licensee has been involved in two accidents within a three-year period and the investigating officer's report of each accident lists one of the following "Driver/Vehicle Related Contributing Circumstances" for the licensee:
a. to j. No change.
604.50(3) 604.50(4) The department may require a special reexamination when a licensee has been involved in an accident and the investigating officer's report lists a driver condition for the licensee of "fatigue or asleep."
604.50(4) 604.50(5) The department may require a special reexamination when a licensee who is 65 years of age or older has been involved in an accident and information in the investigating officer's or the person's own report of the accident indicates the need for reexamination. A circumstance that may indicate a need for reexamination includes, but is not limited to, any one of the following:
a. to i. No change.
604.50(5) 604.50(6) The department may require a special reexamination when the department receives an accident report or a recommendation by a peace officer, a court, or a properly documented citizen's request. A factor that may indicate a need for reexamination includes, but is not limited to, any one of the following:
a. to g. No change.
This rule is intended to implement Iowa Code sections 321.177, 321.186 and 321.210.
Item 5. Amend subrule 605.15(1), introductory paragraph, as follows:
605.15(1) Six-month extension. An Iowa resident may apply for a noncommercial six-month extension of a license if the resident:
Item 6. Adopt the following new rule 761—605.26(321):
761—605.26(321) Graduated driver's license upgrades. An applicant subject to the graduated driver's license requirements under Iowa Code section 321.180B who is otherwise eligible for a driver's license is eligible to electronically apply to upgrade the applicant's driver's license under this rule.
605.26(1) Except for the requirements in subparagraphs 605.25(7)"a"(1) and 605.25(7)"a"(2), the applicant must meet the eligibility requirements listed in paragraph 605.25(7)"a" to upgrade the license electronically and must also meet the following criteria:
a. The applicant must have been issued an intermediate license under Iowa Code section 321.180B(2) or a minor's school license under Iowa Code section 321.194 in person.
b. The applicant must otherwise be eligible to upgrade a license class privilege under Iowa Code section 321.180B or 321.194.
605.26(2) The requirements in paragraphs 605.25(7)"c" and 605.25(7)"d" shall also apply to a license issued under this rule.
605.26(3) If an applicant upgrades the applicant's driver's license electronically under this rule to a driver's license with an eight-year expiration date, the applicant is ineligible to electronically renew the applicant's full driver's license at the next renewal period.
605.26(4) Notwithstanding any other provision of this rule to the contrary, the department may accept an electronic application to upgrade a license containing a "J" restriction if the "J" restriction is related only to a secondary address.
This rule is intended to implement Iowa Code sections 321.180B and 321.194.
Item 7. Amend paragraph 607.16(2)"e" as follows:
e. A commercial driver's license valid for eight years shall be issued to a qualified applicant who is at least 18 years of age but not yet 72 78 years of age. However, the expiration date of the license issued shall not exceed the licensee's 74th 80th birthday.
Item 8. Amend paragraph 607.16(2)"f" as follows:
f. A commercial driver's license valid for two years shall be issued to a qualified applicant 72 78 years of age or older. A two-year license may also be issued, at the discretion of the department, to an applicant whose license is restricted due to vision or other physical disabilities.
Item 9. Adopt the following new subrule 607.16(5):
607.16(5) License extension.
a. As provided in 49 CFR Section 383.153, a person may apply for a 60-day extension of a commercial driver's license if the person:
(1)Has a valid license,
(2)Is eligible for further licensing, and
(3)Is temporarily absent from Iowa or is temporarily incapacitated at the time for renewal.
b. The person shall apply for an extension by submitting Form 430027 to the department. The form may be obtained from and submitted to a driver's license service center. The person may also apply by letter to the address in 761—paragraph 605.12(1)"a."
c. A 60-day extension shall be added to the expiration date on the license. When the person appears to renew the license, the expiration date of the renewed license will be computed from the expiration date of the original license, notwithstanding the extension.
d. The department shall allow only one 60-day extension.
[Filed 2/17/21, effective 4/14/21]
[Published 3/10/21]
Editor's Note: For replacement pages for IAC, see IAC Supplement 3/10/21.
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 3/10/2021.
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 761-602.11(1)"b" Rule 761-602.12(1)"c" Rule 761-602.13(1)"b" Rule 761-604.50 Rule 761-605.12(1) Rule 761-605.15(1) Rule 761-605.25(7) Rule 761-605.26 Rule 761-607.16(2)"e" Rule 761-607.16(2)"f" Rule 761-607.16(5)The following Iowa code references were added to this document. You may click a reference to view related notices.
Iowa Code 321.177 Iowa Code 321.180B Iowa Code 321.180B(2) Iowa Code 321.186 Iowa Code 321.194 Iowa Code 321.210The following keywords and tags were added to this document. You may click a keyword to view related notices.
Graduated driver’s license upgrades License extension Six-month extension Special reexaminations© 2024; State of Iowa | Privacy Policy