ARC 9294C

ARC 9294C

Proposing rulemaking related to commercial driver licensing
and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on February 19, 2025. A public hearing was held on the following date(s):

●March 14, 2025

The Department received no comments.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing impairments, should contact Sara Siedsma and advise of specific needs.

ITEM 1.Rescind 761—Chapter 607 and adopt the following new chapter in lieu thereof:

CHAPTER 607

COMMERCIAL DRIVER LICENSING

761—607.1(321) Scope. This chapter applies to licensing persons for the operation of commercial motor vehicles. Unless otherwise stated, the provisions of this chapter are in addition to other motor vehicle licensing rules in Iowa Code chapter 321.

This rule is intended to implement Iowa Code section 321.188.

761—607.2(321) Information.

607.2(1) Information and location. Applications, forms and information about the commercial driver’s license (CDL) are available at any driver’s license service center. Assistance is also 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 Boulevard, Ankeny, Iowa; by telephone at 515.244.8725; by facsimile at 515.239.1837; or on the department’s website at www.iowadot.gov/mvd/cdl/CDL-homepage.

607.2(2) Manual. Copies of the study manual for the commercial driver’s license tests are available upon request at any driver’s license service center and on the department’s website.

This rule is intended to implement Iowa Code section 321.188.

761—607.3(321) Definitions. The definitions in Iowa Code section 321.1 apply to this chapter of rules. In addition, the following definitions are adopted:

“Air brake system” means a system that uses air as a medium for transmitting pressure or force from the driver’s control to the service brake. “Air brake system” shall include any braking system operating fully or partially on the air brake principle.

“Air over hydraulic brakes” means any braking system operating partially on the air brake and partially on the hydraulic brake principle.

“Automatic transmission” means any transmission other than a manual transmission.

“CDLIS” means “commercial driver’s license information system” as defined in Iowa Code section 321.1.

“Commercial driver’s license downgrade” or “CDL downgrade” means the same as defined in 49 CFR Section 383.5 (October 1, 2024).

“Commercial motor vehicle” or “CMV” as defined in Iowa Code section 321.1 does not include a motor vehicle designed as off-road equipment rather than as a motor truck, such as a forklift, motor grader, scraper, tractor, trencher or similar industrial-type equipment. “Commercial motor vehicle” also does not include self-propelled implements of husbandry described in Iowa Code section 321.1(32).

“Controlled substance” as used in Iowa Code section 321.208 means a substance defined in Iowa Code section 124.101.

“Hazardous materials” means any material that has been designated as hazardous under 49 U.S.C. Section 5103 and is required to be placarded under 49 CFR Part 172, Subpart F, or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73.

“Manual transmission” means a transmission utilizing a driver-operated clutch that is activated by a pedal or lever and a gear-shift mechanism operated either by hand or by foot. All other transmissions, whether semi-automatic or automatic, will be considered automatic.

“Medical examiner” means a person who is licensed, certified or registered, in accordance with applicable state laws and regulations, to perform physical examinations. The term includes but is not limited to doctors of medicine, doctors of osteopathy, physician assistants, advanced registered nurse practitioners, and doctors of chiropractic.

“Medical examiner’s certificate” means a certificate completed and signed by a medical examiner under the provisions of 49 CFR Section 391.43 and includes medical examiner’s certificate information provided electronically by the Federal Motor Carrier Safety Administration pursuant to 49 CFR Section 383.71 and 49 CFR Section 383.73.

“Medical variance” means a driver has received one of the following from the Federal Motor Carrier Safety Administration that allows the driver to be issued a medical certificate:

1.An exemption letter permitting operation of a commercial motor vehicle pursuant to 49 CFR Part 381, Subpart C; 49 CFR Section 391.62; or 49 CFR Section 391.64.

2.A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to 49 CFR Section 391.49.

“National drug and alcohol clearinghouse” means the database maintained by the Federal Motor Carrier Safety Administration as defined in 49 CFR Section 382.107 (October 1, 2024).

“Passenger vehicle” means either of the following:

1.A motor vehicle designed to transport 16 or more persons including the operator.

2.A motor vehicle of a size and design to transport 16 or more persons including the operator that has been redesigned or modified to transport fewer than 16 persons with disabilities. The size of a redesigned or modified vehicle shall be any such vehicle with a gross vehicle weight rating of 10,001 or more pounds.

“School bus” means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events unless otherwise provided in Iowa Code section 321.1(69). “School bus” does not include a bus used as a common carrier.

“Self-certification” means a written certification of which category of type of driving an applicant for a commercial driver’s license engages in or intends to engage in, from the following categories:

1.Non-excepted interstate. The person certifies that the person operates or expects to operate in interstate commerce, is both subject to and meets the qualification requirements under 49 CFR Part 391 effective October 1, 2024, and is required to obtain a medical examiner’s certificate by 49 CFR Section 391.45 effective October 1, 2024.

2.Excepted interstate. The person certifies that the person operates or expects to operate in interstate commerce but engages exclusively in transportation or operations excepted under 49 CFR Section 390.3(f), 391.2, 391.68 or 398.3 effective October 1, 2024, from all or parts of the qualification requirements of 49 CFR Part 391 effective October 1, 2024, and is therefore not required to obtain a medical examiner’s certificate by 49 CFR Section 391.45 effective October 1, 2024.

3.Non-excepted intrastate. The person certifies that the person operates only in intrastate commerce and is subject to state driver qualification requirements.

4.Excepted intrastate. The person certifies that the person operates only in intrastate commerce, but engages exclusively in transportation or operations excepted from all or parts of the state driver qualification requirements as set forth in Iowa Code section 321.449.

“State,” as used in this chapter and in “another state” in Iowa Code section 321.174(2), “former state of residence” in Iowa Code section 321.188(5), or “any state” in Iowa Code section 321.208(1), means one of the United States or the District of Columbia unless the context means the state of Iowa.

This rule is intended to implement Iowa Code sections 321.1, 321.174, 321.188, 321.191, 321.193, 321.207 and 321.208.

761—607.4(22,321) Records. The department will maintain the operating record of a person issued a commercial driver’s license or a commercial learner’s permit or a person who has been disqualified from operating a commercial motor vehicle as provided in the department’s “Record Management Manual” adopted in 761—Chapter 4.

This rule is intended to implement Iowa Code sections 22.11, 321.12, 321.188 and 321.199.

761—607.5(321) Adoption of federal regulations.

607.5(1) Code of Federal Regulations. The department’s administration of commercial driver’s licenses shall be in compliance with the state procedures set forth in 49 CFR Section 383.73, and this chapter shall be construed to that effect. The department adopts the following portions of the Code of Federal Regulations, which are referenced throughout this chapter of rules:

a.49 CFR Section 391.11 as adopted in 661—Chapter 22.

b.49 CFR Section 392.5 as adopted in 661—Chapter 22.

c.49 CFR Part 380, Subpart F (October 1, 2024).

d.The following portions of 49 CFR Part 383 (October 1, 2024):

(1)Section 383.51, Disqualification of drivers.

(2)Subpart E—Testing and Licensing Procedures.

(3)Subpart F—Vehicle Groups and Endorsements.

(4)Subpart G—Required Knowledge and Skills.

(5)Subpart H—Tests.

e.49 CFR Part 384, Subpart B (October 1, 2024).

607.5(2) Copies of regulations. Copies of the federal regulations may be reviewed at the state law library or through the Internet at www.fmcsa.dot.gov.

This rule is intended to implement Iowa Code sections 321.187, 321.188, 321.207, 321.208 and 321.208A.

761—607.6(321) Application. An applicant for a commercial driver’s license shall comply with the requirements of Iowa Code sections 321.180(2)“e,” 321.182 and 321.188 and 761—Chapter 601, and provide the proofs of citizenship or lawful permanent residence and state of domicile required by 49 CFR Section 383.71. If the applicant is domiciled in a foreign jurisdiction and applying for a nondomiciled commercial driver’s license, the applicant must provide a document required by 49 CFR Section 383.71(f).

This rule is intended to implement Iowa Code sections 321.180, 321.182 and 321.188.

761—607.7(321) Commercial driver’s license (CDL).

607.7(1) Classes. The department may issue a commercial driver’s license only as a Class A, B or C driver’s license. The license class identifies the types of vehicles that may be operated. A commercial driver’s license may have endorsements that authorize additional vehicle operations or restrictions that limit vehicle operations.

607.7(2) Validity.

a.A Class A commercial driver’s license allows a person to operate a combination of commercial motor vehicles as specified in Iowa Code sections 321.1(11) and 321.189(1)“a”(1). With the required endorsements and subject to the applicable restrictions, a Class A commercial driver’s license is valid to operate any vehicle. Before the department administers the skills test for a Class A commercial driver’s license to an applicant for the first time, the applicant must comply with the entry-level driver training requirements as provided in Iowa Code section 321.188.

b.A Class B commercial driver’s license allows a person to operate a commercial motor vehicle as specified in Iowa Code sections 321.1(11) and 321.189(1)“a”(2). With the required endorsements and subject to the applicable restrictions, a Class B commercial driver’s license is valid to operate any vehicle except a truck-tractor semitrailer combination or a vehicle requiring a Class A commercial driver’s license. Before the department administers the skills test for a Class B commercial driver’s license to an applicant for the first time, the applicant must comply with the entry-level driver training requirements as provided in Iowa Code section 321.188.

c.A Class C commercial driver’s license allows a person to operate a commercial motor vehicle as specified in Iowa Code sections 321.1(11) and 321.189(1)“a”(3) if the vehicle is designed to transport 16 or more passengers, including the driver, or is used in the transportation of hazardous materials as defined in 49 CFR Section 383.5 effective October 1, 2024. With the required endorsements and subject to the applicable restrictions, a Class C commercial driver’s license is valid to operate any vehicle except a vehicle requiring a Class A or Class B commercial driver’s license. Before the department administers the skills test for a Class C commercial driver’s license to an applicant for the first time, the applicant must comply with the entry-level driver training requirements as provided in Iowa Code section 321.188 for the applicable endorsement sought (P/Passenger or S/School Bus endorsements). Before the department administers the knowledge test for a Class C commercial driver’s license to an applicant for the first time, the applicant must comply with the entry-level driver training requirements provided in Iowa Code section 321.188 for the applicable endorsement sought (H/Hazardous materials endorsement).

d.A commercial driver’s license is valid for operating a motorcycle as a commercial motor vehicle only if the license has a motorcycle endorsement and a hazardous material endorsement. A commercial driver’s license is valid for operating a motorcycle as a noncommercial motor vehicle only if the license has a motorcycle endorsement.

e.A commercial driver’s license valid for eight years will be issued to a qualified applicant who is at least 18 years of age but not yet 78 years of age. However, the expiration date of the license issued shall not exceed the licensee’s 80th birthday.

f.A commercial driver’s license valid for two years will be issued to a qualified applicant 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.

g.A commercial driver’s license is valid for 60 days after the expiration date.

h.A person with a commercial driver’s license valid for the vehicle operated is not required to obtain a Class D driver’s license to operate the vehicle as a chauffeur.

607.7(3) Age. The minimum age to obtain a commercial driver’s license is set out in 49 CFR Part 391, Subpart B, effective October 1, 2024, except that, for a person operating solely intrastate, the driver age qualifications are set out in Iowa Code section 321.449(3).

607.7(4) 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.License extensions can be requested following the procedure in 761—subrule 605.15(2).

c.A 60-day extension will 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.Only one 60-day extension is allowed.

This rule is intended to implement Iowa Code sections 321.1(8),321.177, 321.182, 321.188, 321.189, 321.196, and 321.449.

761—607.8(321) Endorsements. All endorsements except the hazardous material endorsement continue to be valid without retesting or additional fees when renewing or upgrading a license. The endorsements that authorize additional commercial motor vehicle operations with a commercial driver’s license are:

607.8(1) Hazardous material. A hazardous material endorsement (H) is required to transport hazardous materials. The hazardous material endorsement is only valid when the applicant or holder of the endorsement complies with the Transportation Security Administration’s security threat assessment standards specified in 49 CFR Sections 383.71(b)(8) and 383.141 effective October 1, 2024. Before the department administers the knowledge test for a hazardous material endorsement to an applicant for the first time, the applicant shall comply with the entry-level driver training requirements as provided in Iowa Code section 321.188. To obtain or retain the hazardous material endorsement, the applicant or holder must pass a knowledge test as required under 49 CFR Section 383.121 and pay the endorsement fee. Retesting and fee payment are also required when an applicant transfers a commercial driver’s license from another state unless, as provided in 49 CFR Section 383.73, the transfer applicant provides evidence of passing the knowledge test as required under 49 CFR Section 383.121 within the preceding 24 months. Pursuant to 49 CFR Section 173.5 effective October 1, 2024, a farmer or a person working for a farmer is not subject to the hazardous material endorsement while operating either a pickup or a special truck within 150 air miles of the farmer’s farm to transport supplies to or from the farm.

607.8(2) Passenger vehicle. A passenger vehicle endorsement (P) is required to operate a passenger vehicle as defined in rule 761—607.3(321). Before the department administers the skills test for a passenger vehicle endorsement to an applicant for the first time, the applicant shall comply with the entry-level driver training requirements as provided in Iowa Code section 321.188.

607.8(3) Tank vehicle. A tank vehicle endorsement (N) is required to operate a tank vehicle as defined in Iowa Code section 321.1. A vehicle transporting a tank, regardless of the tank’s capacity, that does not otherwise meet the definition of a commercial motor vehicle in Iowa Code section 321.1 is not a tank vehicle.

607.8(4) Double/triple trailer. A double/triple trailer endorsement (T) is required to operate a commercial motor vehicle with two or more towed trailers when the combination of vehicles meets the criteria for a Class A commercial motor vehicle. Operation of a triple trailer combination vehicle is not permitted in Iowa.

607.8(5) Hazardous material and tank. A combined endorsement (X) authorizes both hazardous material and tank vehicle operations.

607.8(6) School bus. A school bus endorsement (S) is required to operate a school bus as defined in rule 761—607.3(321). An applicant for a school bus endorsement must also qualify for a passenger vehicle endorsement. Before the department administers the skills test for a school bus endorsement to an applicant for the first time, the applicant shall comply with the entry-level driver training requirements as provided in Iowa Code section 321.188.

607.8(7) Exceptions for towing operations.

a.A driver who tows a vehicle in an emergency “first move” from the site of a vehicle malfunction or accident on a highway to the nearest appropriate repair facility is not required to have the endorsement(s) applicable to the towed vehicle. In any subsequent move, a driver who tows a vehicle from one repair or disposal facility to another is required to have the endorsement(s) applicable to the towed vehicle with one exception: A tow truck driver is not required to have a passenger endorsement to tow a passenger vehicle.

b.The double/triple trailer endorsement is not required to operate a commercial motor vehicle with two or more towed vehicles that are not trailers.

This rule is intended to implement Iowa Code sections 321.1, 321.176A, 321.188 and 321.189.

761—607.9(321) Restrictions. The restrictions that may limit commercial motor vehicle operation with a commercial driver’s license are listed in 761—subrule 605.8(3) and are explained below:

607.9(1) Air brake. The air brake restriction (L, no air brake equipped CMV) applies to a licensee who either fails the air brake component of the knowledge test or performs the skills test in a vehicle not equipped with air brakes and prohibits the operation of a commercial motor vehicle equipped with an air brake system until the licensee passes the required air brake tests and pays the fee for upgrading the license. Retesting and fee payment are not required when the license is renewed.

607.9(2) Full air brake. The full air brake restriction (Z, no full air brake equipped CMV) applies to a licensee who performs the skills test in a vehicle equipped with air over hydraulic brakes and prohibits the operation of a commercial motor vehicle equipped with any braking system operating fully on the air brake principle until the licensee passes the required air brake tests and pays the fee for upgrading the license. Retesting and fee payment are not required when the license is renewed.

607.9(3) Manual transmission. The manual transmission restriction (E, no manual transmission equipped CMV) applies to a licensee who performs the skills test in a vehicle equipped with automatic transmission and prohibits the operation of a commercial motor vehicle equipped with a manual transmission until the licensee passes the required tests and pays the fee for upgrading the license. Retesting and fee payment are not required when the license is renewed.

607.9(4) Tractor-trailer. The tractor-trailer restriction (O, no tractor trailer CMV) applies to a licensee who performs the skills test in a combination vehicle for a Class A commercial driver’s license with the power unit and towed unit connected with a pintle hook or aftermarket fifth wheel connection and prohibits operation of a tractor-trailer combination connected by a fifth wheel that requires a Class A commercial driver’s license until the licensee passes the required tests and pays the fee for upgrading the license. Retesting and fee payment are not required when the license is renewed.

607.9(5) Class A passenger vehicle. The Class A passenger vehicle restriction (M, no Class A passenger vehicle) applies to a licensee who applies for a passenger endorsement and performs the skills test in a passenger vehicle that requires a Class B commercial driver’s license and prohibits operation of a passenger vehicle that requires a Class A commercial driver’s license.

607.9(6) Class A and B passenger vehicle. The Class A and B passenger vehicle restriction (N, no Class A and B passenger vehicle) applies to a licensee who applies for a passenger endorsement and performs the skills test in a passenger vehicle that requires a Class C commercial driver’s license and prohibits operation of a passenger vehicle that requires a Class A or Class B commercial driver’s license.

607.9(7) Intrastate only. The intrastate only restriction (K, intrastate only) applies to a licensee who self-certifies to non-excepted intrastate or excepted intrastate driving and prohibits the operation of a commercial motor vehicle in interstate commerce.

607.9(8) Medical variance. The medical variance restriction (V, medical variance) applies to a licensee when the department is notified pursuant to 49 CFR Section 383.73(o)(3) that the driver has been issued a medical variance and indicates there is information about a medical variance on the CDLIS driver record.

This rule is intended to implement Iowa Code sections 321.189 and 321.191.

761—607.10(321) Commercial learner’s permit.

607.10(1) Validity.

a.A commercial learner’s permit allows the permit holder to operate a commercial motor vehicle when accompanied as required by Iowa Code section 321.180(2)“d.”

b.A commercial learner’s permit is valid for one year without retaking the general and endorsement knowledge tests required by Iowa Code section 321.188.

c.A commercial learner’s permit is invalid after the expiration date of the underlying commercial or noncommercial driver’s license issued to the permit holder or the expiration date of the permit, whichever occurs first.

d.The issuance of a commercial learner’s permit is a precondition to the initial issuance of a commercial driver’s license. The issuance of a commercial learner’s permit is also a precondition to the upgrade of a commercial driver’s license if the upgrade requires a skills test. If the permit holder is subject to the requirement to complete entry-level driver training as provided in Iowa Code section 321.188, the commercial learner’s permit will be necessary to complete the on-road segment of the entry-level driver training as well as the required skills tests for a commercial driver’s license. The holder of a commercial learner’s permit is not eligible to take a required driving skills test for the first 14 days after the permit holder is issued the permit. The 14-day period includes the day the commercial learner’s permit was issued.

EXAMPLE: The commercial learner’s permit is issued on September 1. The earliest date the permit holder would be eligible to take the skills test is September 15.

e.A commercial learner’s permit is not valid for the operation of a vehicle transporting hazardous materials.

607.10(2) Requirements.

a.An applicant for a commercial learner’s permit must hold a valid Class A, B, or C commercial driver’s license, a Class D, endorsement 3 noncommercial driver’s license or a Class C noncommercial driver’s license issued in this state that is not an instruction permit, a special instruction permit, a motorized bicycle license or a temporary restricted license; must be at least 18 years of age; and must meet the requirements to obtain a valid commercial driver’s license, including the requirements set forth in Iowa Code section 321.188. However, the applicant does not have to complete the driving skills tests required for a commercial driver’s license to obtain a commercial learner’s permit.

b.The applicant must successfully pass a general knowledge test that meets the federal standards contained in 49 CFR Part 383, Subparts F, G and H, for the commercial motor vehicle the applicant operates or expects to operate, including any endorsement for which the applicant applies.

607.10(3) Endorsements. A commercial learner’s permit may include the following endorsements. All other endorsements are prohibited on a commercial learner’s permit.

a.An applicant for a passenger endorsement (P) must take and pass the passenger endorsement knowledge test. A commercial learner’s permit holder with a passenger endorsement is prohibited from operating a commercial motor vehicle carrying passengers, other than federal/state auditors and inspectors, test examiners, other trainees, and the commercial driver’s license holder accompanying the permit holder required by Iowa Code section 321.180(2)“d.”

b.An applicant for a school bus endorsement (S) must take and pass the school bus endorsement knowledge test. A commercial learner’s permit holder with a school bus endorsement is prohibited from operating a commercial motor vehicle carrying passengers, other than federal/state auditors and inspectors, test examiners, other trainees, and the commercial driver’s license holder accompanying the permit holder required by Iowa Code section 321.180(2)“d.”

c.An applicant for a tank vehicle endorsement (N) must take and pass the tank vehicle endorsement knowledge test. A commercial learner’s permit holder with a tank vehicle endorsement may only operate an empty tank vehicle and is prohibited from operating any tank vehicle that previously contained hazardous materials and that has not been purged of any residue.

607.10(4) Restrictions. A commercial learner’s permit may include the air brake (L), medical variance (V), Class A passenger vehicle (M), Class A and B passenger vehicle (N) and intrastate only (K) restrictions described in rule 761—607.9(321). In addition, a commercial learner’s permit may include the following restrictions that are specific to the commercial learner’s permit:

a.Passenger. The passenger restriction (P, no passengers in CMV bus) applies to a permit holder who has a commercial learner’s permit with a passenger or school bus endorsement and prohibits the operation of a commercial motor vehicle carrying passengers, other than federal/state auditors and inspectors, test examiners, other trainees, and the commercial driver’s license holder accompanying the permit holder required by Iowa Code section 321.180(2)“d.”

b.Cargo. The cargo restriction (X, no cargo in CMV tank vehicle) applies to a permit holder who has a commercial learner’s permit with a tank vehicle endorsement and prohibits the operation of any tank vehicle containing cargo or any tank vehicle that previously contained hazardous materials and that has not been purged of any residue.

This rule is intended to implement Iowa Code sections 321.180, 321.186 and 321.188.

761—607.11(321) Examination and vision screening. In addition to the knowledge and skills tests required under this chapter, an applicant for a commercial driver’s license or commercial learner’s permit is subject to the examination requirements, and must comply with the vision screening and vision standards, in 761—Chapter 604.

This rule is intended to implement Iowa Code sections 321.186 and 321.186A.

761—607.12(321) Knowledge tests.

607.12(1) General knowledge test. The general knowledge test for a commercial driver’s license is a written test of topics such as vehicle inspection, operation, safety and control in accordance with 49 CFR Section 383.111.

607.12(2) Additional tests. In addition to the general knowledge test for a commercial driver’s license, an additional knowledge test is required for each of the following:

a.Class A license for combination vehicle operation under 49 CFR Section 383.111.

b.Hazardous material endorsement under 49 CFR Section 383.121. The knowledge test for a hazardous material endorsement shall not be administered orally or in a language other than English.

c.Passenger vehicle endorsement under 49 CFR Section 383.117.

d.Tank vehicle endorsement under 49 CFR Section 383.119.

e.Double/triple trailer endorsement under 49 CFR Section 383.115.

f.School bus endorsement under 49 CFR Section 383.123. The applicant must also qualify for a passenger vehicle endorsement.

g.Removal of the air brake restriction under 49 CFR Section 383.111.

607.12(3) Test methods. All knowledge tests will be administered in compliance with 49 CFR Section 383.133(b). All tests other than the hazardous material endorsement test may be administered in written form or verbally in an automated format and can be administered in a foreign language, provided no interpreter is used in administering the test.

607.12(4) Waiver. A waiver of any knowledge test is permitted only as provided in Iowa Code section 321.188(5) and this chapter.

607.12(5) Military waiver. The department may waive the requirement that an applicant pass a required knowledge test for an applicant who is a current or former military service member as defined in 49 CFR Section 383.5 effective October 1, 2024. An applicant for a waiver of the knowledge test under this subrule shall certify and provide evidence, as required by the department, that the following apply:

a.The applicant is regularly employed or was regularly employed within the past year in a military position specifically designated in 49 CFR Section 383.77.

b.The applicant is or was operating a vehicle representative of the commercial motor vehicle the applicant operates or expects to operate immediately preceding honorable separation from military service as evidenced by the applicant’s certificate of release or discharge from active duty, commonly referred to as a DD Form 214.

c.The applicant has not had more than one driver’s license, other than a military license.

d.The applicant has not had any driver’s license suspended, revoked, or canceled.

e.The applicant has not been convicted of an offense committed while operating any type of motor vehicle that is listed as a disqualifying offense in 49 CFR Section 383.51(b).

f.The applicant has not had more than one conviction for an offense committed while operating any type of motor vehicle that is listed as a serious traffic violation in 49 CFR Section 383.51(c).

g.The applicant has not had a conviction for violation of a military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic accident, and has no record of an accident in which the applicant was at fault.

607.12(6) Requirement. An applicant must pass the applicable knowledge test(s) before taking the skills test. Passing scores for a knowledge test shall meet the standards contained in 49 CFR Section 383.135(a).

This rule is intended to implement Iowa Code sections 321.186 and 321.188.

761—607.13(321,321M) Skills test.

607.13(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.

607.13(2) Test methods. All skills tests will be administered in compliance with 49 CFR Section 383.133(c). Interpreters are prohibited during the administration of skills tests. However, American Sign Language interpreters are allowed to interpret during the instruction portion preceding administration of the skills test. 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.

607.13(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.

607.13(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 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 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 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.

607.13(5) Skills test scoring. Passing scores for a skills test shall meet the standards contained in 49 CFR Section 383.135(b).

607.13(6) Military waiver. The department may waive the requirement that an applicant pass a required skills test for an applicant who is on active duty in the military service or who has separated from such service in the past year, provided the applicant meets the requirements of Iowa Code section 321.188(6).

607.13(7) Locations. The skills test for a commercial driver’s license will be given only at approved locations where adequate testing facilities are available as specified by the department pursuant to 49 CFR Section 383.131(b)(1). An applicant may contact any driver’s license service center for the location of the nearest skills testing center.

607.13(8) Fees. Fees authorized pursuant to Iowa Code sections 321.187A and 321M.6A may be collected by the department or a county treasurer location offering commercial driver’s license skills tests.

a.Except as provided in paragraph 607.13(8)“c,” the fee for an applicant to schedule the pre-trip vehicle inspection segment of the skills test with the department is $25. No fees are due to the department for scheduling the basic vehicle control skills or on-road skills segment of the test.

b.Except as provided in paragraph 607.13(8)“c,” the fee to schedule the pre-trip vehicle inspection segment of the skills test with a county treasurer is $25. The fee for a county treasurer to administer the basic vehicle control skills segment is $25, and the fee to administer the on-road skills segment of the test is $25. However, if the applicant fails one segment of the driving skills test, no fee shall be due for a subsequent segment of the test.

c.If the applicant is an employee or volunteer of a government agency as defined in Iowa Code section 553.3, the following apply:

(1)The department will not charge the pre-trip inspection scheduling fee under paragraph 607.13(8)“a.”

(2)A county treasurer may charge only the pre-trip inspection fee under paragraph 607.13(8)“b.”

(3)An applicant must provide the department or county treasurer with reasonable proof that the applicant is an employee or volunteer of a qualifying government agency and that a commercial driver’s license is necessary for the applicant’s employment or volunteer duties. Reasonable proof is to be provided on Form 430311. Alternatively, if the applicant is seeking a skills test from a county treasurer, reasonable proof may include payment of the pre-trip inspection fee by a government agency on behalf of the applicant.

d.If an applicant fails to appear for the pre-trip inspection segment of the skills test, the appointment will be canceled and no other applicable fees are due.

e.Except as provided in paragraph 607.13(8)“g,” new fees will apply if an applicant schedules a new skills test appointment.

f.The department or a county treasurer may collect any fees due and owed for the skills test at the same time any fees are collected as part of the commercial driver’s license issuance transaction.

g.Any fees collected under this subrule are nonrefundable. However, nothing in this paragraph shall be construed as preventing the department or a county treasurer from transferring a fee charged for a pre-trip inspection to a new pre-trip inspection if rescheduling the appointment is determined necessary or appropriate as determined by the department or county treasurer upon a showing of good cause.

h.A skills test fee charged under this subrule that remains unpaid may be collected at the person’s next driver’s license renewal or replacement.

This rule is intended to implement Iowa Code sections321.186, 321.187A, 321.188 and 321M.6A.

761—607.14(321) Third-party testing.

607.14(1) Purpose and definitions. The knowledge tests required by rule 761—607.12(321) and the skills test required by rule 761—607.13(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 are adopted:

“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 a principal 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—607.12(321).

“Motor carrier” means the same as defined in 49 CFR Section 390.5 effective October 1, 2024.

“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.

“Principal place of business” means a building actually occupied where the public and the department may contact the owner or operator during regular business hours. The principal place of business must be located in this state.

“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.

“Regular business hours” means to be consistently open to the public on a weekly basis at hours reported to the motor vehicle division.

“Skills test” means the skills test required by rule 761—607.13(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 tester” means the same as defined in Iowa Code section 321.187.

“Third-party test examiner” means the same as defined in Iowa Code section 321.187.

607.14(2) Certification of third-party testers.

a.The department may certify any of the following entities as a third-party tester to administer knowledge and skills tests:

(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.

b.An entity seeking certification as a third-party tester shall contact the motor vehicle division and schedule a review of the proposed testing program, including the proposed testing courses and facilities, and provide information sufficient to identify all proposed third-party test examiners, and any other information necessary to demonstrate compliance with 49 CFR Parts 383 and 384 as amended to October 1, 2024, applicable to knowledge and skills testing.

c.No entity will be certified to conduct third-party testing unless and until the entity enters an agreement with the department that meets the requirements of 49 CFR Section 383.75 and demonstrates, to the satisfaction of the department, sufficient ability and facilities to conduct knowledge and skills tests in a manner that consistently meets the requirements of 49 CFR Part 383, Subpart E, and 49 CFR Part 384, Subpart B, applicable to knowledge and skills testing.

d.The department will issue a certified third-party tester a certificate of authority that identifies the classes and types of vehicles for which knowledge and skills tests may be administered. The certificate is valid for the duration of the agreement executed pursuant to paragraph 607.14(2)“c,” unless revoked by the department for engaging in fraudulent activities related to conducting knowledge and skills tests or failing to comply with the requirements, qualifications, and standards of this chapter, the agreement, or 49 CFR Part 383, Subpart E, and 49 CFR Part 384, Subpart B, applicable to knowledge and skills testing.

e.The department will revoke a certificate of authority originally issued after July 1, 2023, to a third-party tester if the third-party tester fails to administer a minimum of 50 percent of all knowledge and skills tests given in a calendar year to Iowa applicants. However, the department will not revoke a certificate of authority of a third-party tester who administers a minimum of 10 percent of all knowledge and skills tests given in a calendar year to Iowa applicants if the remainder of the tests are given to current or prospective employees of the third-party tester. For the purpose of this paragraph, an “Iowa applicant” is defined as an individual who holds a valid commercial learner’s permit, commercial driver’s license, noncommercial driver’s license, or nonoperator identification card issued by the department or who otherwise qualifies as a resident of this state under Iowa Code section 321.1A(1).

607.14(3) Certification of third-party test examiners.

a.A certified third-party tester shall not employ or otherwise use as a third-party test examiner a person who has not been approved and certified by the department to administer knowledge or skills tests. Each certified third-party tester shall submit for approval the names of all proposed third-party test examiners to the department. The department will not approve as a third-party test examiner a person who does not meet the requirements, qualifications, and standards of 49 CFR Part 383, Subpart E, and 49 CFR Part 384, Subpart B, applicable to knowledge and skills testing, including but not limited to all required training and examination, who has been barred from conducting commercial driver’s license testing in another state, or who has not passed a nationwide criminal background check. The criteria for passing the nationwide criminal background check means no felony convictions within the last ten years and no convictions involving fraudulent activities.

b.The department will issue a certificate of authority for each person certified as a third-party test examiner that identifies the certified third-party tester for which the person will administer knowledge or skills tests and the classes and types of vehicles for which the person may administer knowledge or skills tests. The certificate is valid for a period of four years from the date of issuance of the certificate.

c.The department will revoke the certificate of authority for a third-party test examiner to administer skills tests if the person holding the certificate does not administer skills tests to at least ten different applicants, each of whom has successfully passed all three segments of the skills test, per calendar year; does not successfully complete the refresher training required by 49 CFR Section 384.228 every four years; is involved in fraudulent activities related to conducting knowledge or skills tests as determined by the department; or otherwise fails to comply with and meet the requirements, qualifications and standards of this chapter or 49 CFR Part 383, Subpart E, and 49 CFR Part 384, Subpart B, applicable to knowledge and skills testing. Notwithstanding anything in this paragraph to the contrary, as provided in 49 CFR Section 383.75, if the person does not administer skills tests to at least ten different applicants per calendar year, the certificate will not be revoked for that reason if the person provides proof of completion of the examiner refresher training in 49 CFR Section 384.228 to the department and successfully completes one skills test under the observation of a department examiner or attends and passes with a score of 80 percent or better a certified commercial examiner training test and successfully completes one skills test under the observation of a department examiner.

d.The department will revoke the certificate of authority for a third-party test examiner to administer knowledge tests if the person holding the certificate does not successfully complete the refresher training required by 49 CFR Section 384.228 every four years, is involved in fraudulent activities related to conducting knowledge or skills tests or otherwise fails to comply with and meet the requirements, qualifications and standards of this chapter or 49 CFR Part 383, Subpart E, and 49 CFR Part 384, Subpart B, applicable to knowledge testing.

e.A third-party test examiner certified by the department to administer skills tests who is also a skills instructor shall not administer a skills test to an applicant who received skills training from that third-party test examiner.

f.A third-party test examiner may only administer CDL tests for the examiner’s primary employer, unless authorized by the department to administer CDL tests for another county or third-party tester.

607.14(4) Bond. As a condition of certification in accordance with 49 CFR Section 383.75, a third-party tester that is not a government agency as defined in Iowa Code section 553.3 must maintain a bond in the amount of $50,000 to pay for the retesting of drivers in the event that the third-party tester or one or more of its third-party test examiners are involved in fraudulent activities related to conducting tests of CDL applicants.

607.14(5) Training and refresher training for third-party test examiners. All training and refresher training required under this rule shall be provided by the department, in form and content that meet the recommendations of the American Association of Motor Vehicle Administrators’ International Third-Party Examiner/Tester Certification Program.

This rule is intended to implement Iowa Code section 321.187.

761—607.15(321) Test results.

607.15(1) Period of validity. Passing knowledge and skills test results remain valid for a period of one year.

607.15(2) Retesting. Subject to rule 761—607.13(321), an applicant will be required to repeat only the knowledge test(s) or part(s) of the skills test that the applicant failed, unless the department requires the applicant to retake the test as part of an audit. An applicant who fails a test is not 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.

607.15(3) Skills test results from other states. As required by 49 CFR Section 383.79, the department will 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 provided the results are transmitted directly from the testing state to the department as required by 49 CFR Section 383.79.

607.15(4) Knowledge and skills test results from certified third-party testers. A third-party tester shall transmit the 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 the department believes the knowledge or skills test 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.

607.15(5) Downgrade or cancellation when retesting is required.

a.When retesting is required under subrule 607.15(2) or 607.15(4), the department will notify the person to retake the applicable knowledge or skills test, which may include an immediate retest if part of an audit.

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 will, 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.All applicable retesting and licensure requirements apply to a person seeking to regain the person’s commercial driver’s license or commercial learner’s permit after a downgrade or cancellation.

This rule is intended to implement Iowa Code sections 321.180, 321.186, 321.187, 321.188 and 321.201.

761—607.16(321) Knowledge and skills testing of nondomiciled military personnel.

607.16(1) Role of state of duty station. The department may accept an application for a commercial driver’s license or commercial learner’s permit, including an application for waiver of the knowledge test as provided in subrule 607.12(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.

b.If the applicant meets the requirements of paragraph 607.16(1)“a” and the department has an agreement with the applicant’s state of domicile as provided in this subrule, the department may do either of the following:

(1)Administer the knowledge and skills tests to the applicant as appropriate in accordance with 49 CFR Part 383, Subparts F, G, and H, if the state of domicile requires those tests; or

(2)Waive the knowledge and skills tests in accordance with 49 CFR Section 383.77 and this chapter if the state of domicile also permits waiver of the knowledge and skills test.

c.The department may destroy the applicant’s driver’s license on behalf of the state of domicile unless the state of domicile requires the driver’s license to be surrendered to the state of domicile’s driver’s licensing agency.

607.16(2) Electronic transmission of application and test results. The department will transmit to the state of domicile the applicant’s application, any supporting documents and the results of any skills or knowledge tests administered as provided under this rule.

607.16(3) Role of state of domicile. If the department has an agreement with the applicant’s state of duty station, upon completion of the applicant’s application pursuant to 49 CFR Section 383.71 and any testing administered by the applicant’s state of duty station pursuant to 49 CFR Sections 383.71 and 383.73, the department may do all of the following:

a.Accept the completed application, any supporting documents, and the results of the knowledge and skills tests administered by the applicant’s state of duty station.

b.Issue the applicant a CLP or CDL.

This rule is intended to implement Iowa Code sections 321.180, 321.186, 321.187, and 321.188.

761—607.17(321) Commercial driver’s license renewal. The department will administer commercial driver’s license renewals as required by 49 CFR Section 383.73.

607.17(1) Licensee requirements. Unless eligible for electronic renewal pursuant to subrule 761—605.25(8), to renew a commercial driver’s license, the licensee shall apply at a driver’s license service center and complete the following requirements:

a.Provide a written self-certification of type of driving as required by rule 761—607.23(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 currently holds and wants to retain a hazardous material endorsement, 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 Section 383.71(b)(8) and 49 CFR Section 383.141 effective October 1, 2024, 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.Provide proof of citizenship or lawful permanent residency and state of domicile as required by rule 761—607.6(321) and 49 CFR Section 383.73(d)(7) unless proof of citizenship or lawful permanent residency was previously provided 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, provide a document required by 49 CFR Section 383.71(f) at each renewal.

607.17(2) Early renewal. A valid commercial driver’s license may be renewed 90 days before the expiration date. If this is impractical, the department for good cause may renew a license earlier, not to exceed 364 days prior to the expiration date. The department may allow renewal earlier than 364 days prior to the expiration date for active military personnel being deployed due to actual or potential military conflict.

This rule is intended to implement Iowa Code sections 321.186, 321.188 and 321.196.

761—607.18(321) Transfers from another state. 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 section 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.

761—607.19(17A,321) Disqualification.

607.19(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.

607.19(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 section 321.208(12), a peace officer on behalf of the department may serve the notice of disqualification immediately.

607.19(3) Hearing and appeal process. A person who has received a notice of disqualification may contest the disqualification in accordance with rule 761—615.38(17A,321).

607.19(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 that 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.

b.If the department finds the person is eligible for reinstatement under this subrule, the person shall do all of the following prior to reinstatement:

(1)Pay all outstanding reinstatement fees.

(2)Meet all outstanding reinstatement requirements.

(3)Pass the required knowledge, vision, and skills tests as specified in Iowa Code section 321.188.

(4)Complete any other courses or requirements as required by the director.

c.As provided in 49 CFR Section 383.51(a)(6), a person who has been disqualified for life for offenses committed under 49 CFR Section 383.51(b)(9) and (10), and a person who has previously had the person’s commercial driving privileges reinstated pursuant to this subrule but is convicted of a new disqualifying offense, is not eligible to apply for reinstatement.

d.If the department determines the person is not eligible for reinstatement as provided in this subrule, the department will send notice by first-class mail to the person’s mailing address as shown on departmental records that the lifetime disqualification remains in effect.

607.19(5) Fraud related to testing and issuance.

a.As required by 49 CFR Section 383.73(k) and Iowa Code section 321.201(2)“b,” the department will disqualify the commercial driver’s license or commercial learner’s permit of a person convicted or suspected of fraud related to the testing for or issuance of a commercial driver’s license or commercial learner’s permit.

b.Upon receipt of a person’s conviction of fraud related to the issuance of the commercial driver’s license or commercial learner’s permit, the department will disqualify the person’s commercial driver’s license or commercial learner’s permit for one year.

c.Upon receipt of credible evidence that a person is suspected of committing fraud relating to the issuance of a commercial driver’s license or a commercial learner’s permit, the department will notify the person of the requirement to retake the applicable knowledge or skills test. Within 30 days of receiving notice from the department, the person is required to contact the department to retake the knowledge or skills test. If the person fails to contact the department within 30 days after the notice, or the person fails the knowledge or skills test, or does not take the test, the department will disqualify the person’s commercial driver’s license or commercial learner’s permit.

d.Once a person’s commercial driver’s license or commercial learner’s permit has been disqualified, a new application for license will be required following the usual procedures as provided in Iowa Code section 321.188 and this chapter.

This rule is intended to implement Iowa Code chapter 17A and section 321.208.

761—607.20(321) Sanctions. 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.

761—607.21(321) Reinstatement. To reinstate a commercial driver’s license after completion of a period of disqualification, a person must appear at a driver’s license service center, 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.

761—607.22(321) Restricted commercial driver’s license.

607.22(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 Section 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.

607.22(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 Class B and Class C commercial motor vehicles, including tank vehicles and vehicles equipped with air brakes, except passenger vehicles.

(2)Transport the hazardous materials listed in paragraph 607.22(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.

b.A restricted commercial driver’s license is not valid for transporting hazardous materials requiring placarding, except as follows:

(1)Liquid fertilizers such as anhydrous ammonia may be transported in vehicles or implements of husbandry with total capacities of 3,000 gallons or less.

(2)Solid fertilizers such as ammonium nitrate may be transported, provided they are not mixed with any organic substance.

(3)A hazardous material endorsement is not needed to transport the products listed in the preceding subparagraphs.

c.When not driving for agricultural input purposes, the license is valid for operating a noncommercial motor vehicle that may be legally operated under the noncommercial license held by the licensee.

607.22(3) Requirements.

a.The applicant must have two years of previous driving experience. This means that the applicant held a license that permits unaccompanied driving for at least two years, including an intermediate license issued pursuant to Iowa Code section 321.180B. This does not include a motorized bicycle license, a special minor’s restricted license or a minor’s restricted work license.

b.The applicant must have a good driving record for the most recent two-year period as defined in subrule 607.22(4).

c.An applicant who currently holds an unrestricted commercial driver’s license is not eligible for issuance of a restricted commercial driver’s license.

607.22(4) Good driving record. A “good driving record” means a driving record showing:

a.No multiple licenses.

b.No driver’s license suspensions, revocations, disqualifications, denials, bars, or cancellations of any kind.

c.No convictions in any type of motor vehicle for:

(1)Driving under the influence of alcohol or drugs.

(2)Leaving the scene of an accident.

(3)Committing any felony involving a motor vehicle.

(4)Speeding 15 miles per hour or more over the posted speed limit.

(5)Reckless driving, drag racing, or eluding or attempting to elude a law enforcement officer.

(6)Improper or erratic lane changes.

(7)Following too closely.

(8)A moving violation that contributed to a motor vehicle accident.

(9)A violation deemed serious under rule 761—615.17(321).

d.No record of contributive accidents as defined in rule 761—615.1(321).

607.22(5) Issuance.

a.The knowledge and skills tests described in rules 761—607.12(321) and 761—607.13(321) are waived.

b.A restricted commercial driver’s license will be coded with restriction “W” on the face of the driver’s license, with the restriction explained in text on the back of the driver’s license. In addition, the license will be issued with a restriction stating the license’s period of validity.

c.The expiration date for a restricted commercial driver’s license that is convertedfrom another Iowa license will carry the same expiration date as the previous license.

d.A restricted commercial driver’s license may be renewed for the period of time specified in Iowa Code section 321.196. The licensee’s good driving record will be confirmed at the time of renewal.

e.A licensee may have up to three individual periods of validity for a restricted commercial driver’s license, provided the cumulative period of validity for all individual periods does not exceed 210 days in any calendar year. An individual period of validity may be 70, 105, or 210 consecutive days, at the election of the licensee. A licensee may add 35 days to an individual period of validity by applying for an extension, subject to the 210-day cumulative maximum period of validity. A request for extension must be made no later than the date of expiration of the individual period of validity for which an extension is requested; a request for extension made after that date will be treated as a request for a new individual period of validity. An extension will be calculated from the date of expiration of the individual period of validity for which an extension is requested. Any period of validity authorized previously by another state’s license will be considered a part of the 210-day cumulative maximum period of validity.

f.A restricted commercial driver’s license must be validated for commercial motor vehicle operation for each individual period of validity. This means the department will confirm the person’s good driving record at each application for an individual period of validity. Upon confirmation, the department will issue a replacement license with a restriction validating the license for that individual period of validity, provided the person is otherwise eligible for the license.

g.The requirements of this subrule must be met for each individual period of validity within a calendar year.

This rule is intended to implement Iowa Code section 321.176B.

761—607.23(321) Self-certification of type of driving and submission of medical examiner’s certificate.

607.23(1) Applicants for a commercial learner’s permit, a restricted commercial driver’s license, or a duplicate, 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.

(6)A restricted commercial driver’s license.

(7)A duplicate of any of the credentials listed in subparagraphs (1) through (6) above.

b.The self-certification shall be on a form or in a format, which may be electronic, as determined by the department.

607.23(2) Submission of medical examiner’s certificate by persons certifying to non-excepted interstate driving. Every person who self-certifies to non-excepted interstate driving must give the department a copy of the person’s 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. The department will not issue, transfer, renew, or upgrade a license until the department receives a medical examiner’s certificate that complies with the requirements of this subrule, or unless the person changes the person’s self-certification of type of driving to a type other than non-excepted interstate driving. When the department receives a current medical examiner’s certificate, the department will post information required by 49 CFR Section 383.73 and a medical certification status of “certified” on the person’s CDLIS driver’s record. A person who self-certifies to a type of driving other than non-excepted interstate will not have a medical certification status on the CDLIS driver’s record.

607.23(3) Maintaining certified status. To maintain a medical certification status of “certified,” a person who self-certifies to non-excepted interstate driving must give the department a copy of each subsequently issued medical examiner’s certificate valid for the person unless the person’s medical examiner’s certificate is provided to the department electronically by the Federal Motor Carrier Safety Administration.

607.23(4) CDL downgrade. If the medical examiner’s certificate or medical variance for a person self-certifying to non-excepted interstate driving expires or if the Federal Motor Carrier Safety Administration notifies the department that the person’s medical variance was removed or rescinded, the department will post a medical certification status of “not certified” to the person’s CDLIS driver’s record and will initiate a downgrade of the person’s commercial driver’s license or commercial learner’s permit. The medical examiner’s certificate of a person who fails to maintain a medical certification status of “certified” as required by subrule 607.23(3) is deemed expired on the date of expiration of the last medical examiner’s certificate filed for the person as shown by the person’s CDLIS driver’s record. The downgrade will be initiated and completed as follows:

a.The department will provide the person written notice that the person’s medical certification status is “not certified” and that the commercial motor vehicle privileges will be removed from the person’s commercial driver’s license or commercial learner’s permit 60 days after the date the medical examiner’s certificate or medical variance expired or the medical variance was removed or rescinded unless the department receives a current medical certificate or medical variance or the person self-certifies to a type of driving other than non-excepted interstate.

b.If the department receives a current medical examiner’s certificate or medical variance before the end of the 60-day period, the department will post a medical certification status of “certified” on the person’s CDLIS driver’s record and will terminate the downgrade of the person’s commercial driver’s license or commercial learner’s permit.

c.If the person self-certifies to a type of driving other than non-excepted interstate before the end of the 60-day period, the department will not remove the commercial motor vehicle privileges from the person’s commercial driver’s license or commercial learner’s permit, and the person will have no medical certification status on the person’s CDLIS driver’s record.

d.If the requirements in either paragraph 607.23(4)“b” or “c” are not met before the end of the 60-day period, the department will remove the commercial motor vehicle privileges from the person’s commercial driver’s license or commercial learner’s permit and will leave the person’s medical certification status as “not certified” on the person’s CDLIS driver’s record.

607.23(5) Establishment or reestablishment of “certified” status. A person who has no medical certification status or whose medical certification status has been posted as “not certified” on the person’s CDLIS driver’s record may have the person’s status established or reestablished as “certified” if the department receives a current medical examiner’s certificate or medical variance. A person who has failed to self-certify to a type of driving or has self-certified to a type of driving other than non-excepted interstate must also make a self-certification of type of driving to non-excepted interstate driving. The department will then post a medical certification status of “certified” on the person’s CDLIS driver’s record.

607.23(6) Reestablishment of the CDL privilege. A person whose commercial motor vehicle privileges have been removed from the person’s commercial driver’s license or commercial learner’s permit under the provisions of paragraph 607.23(4)“d” may have the person’s commercial motor vehicle privileges reestablished if either of the following occurs:

a.The department receives the person’s current medical examiner’s certificate or medical variance. A person who has failed to self-certify to a type of driving must also make an initial self-certification of type of driving to non-excepted interstate driving. The department will then post a medical certification status of “certified” on the person’s CDLIS driver’s record and reestablish the commercial motor vehicle privileges, provided that the person otherwise remains eligible for a commercial driver’s license or commercial learner’s permit.

b.The person self-certifies to a type of driving other than non-excepted interstate. The department will then reestablish the commercial motor vehicle privileges, provided that the person otherwise remains eligible for a commercial driver’s license or commercial learner’s permit; the person will have no medical certification status on the driver’s CDLIS driver’s record.

607.23(7) Change of type of driving. A person may change the person’s self-certification of type of driving at any time. As required by subrule 607.23(2), the department must receive a copy of the person’s current medical examiner’s certificate prepared by a medical examiner for a person certifying to non-excepted interstate driving.

607.23(8) Recordkeeping. The department will comply with the medical recordkeeping requirements set forth in 49 CFR Section 383.73.

607.23(9) Medical examiner’s certificate conflict. As required by 49 CFR Sections 383.71 and 383.73, in the event of a conflict between the medical certification information provided electronically by the Federal Motor Carrier Safety Administration and a paper copy of the medical examiner’s certificate, the medical certification information provided electronically by the Federal Motor Carrier Safety Administration shall supersede.

This rule is intended to implement Iowa Code sections 321.182, 321.188 and 321.207.

761—607.24(321) National drug and alcohol clearinghouse.

607.24(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.

607.24(2) Issuance procedures. Prior to issuing the license or permit, the department will request information from the national drug and alcohol clearinghouse to determine if the person is prohibited from operating a commercial motor vehicle pursuant to 49 CFR Section 382.501(a). The department will not issue, renew, transfer, or upgrade the license or permit if the person is prohibited from operating a commercial motor vehicle pursuant to 49 CFR Section 382.501(a). However, this subrule is not in effect prior to the date established by the Federal Motor Carrier Safety Administration in 49 CFR Section 383.73 for state driver’s license agency compliance with national drug and alcohol clearinghouse requirements.

607.24(3) CDL downgrade. Upon receiving notification that pursuant to 49 CFR Section 382.501(a) the person is prohibited from operating a commercial motor vehicle, the department will downgrade the license or permit and record the downgrade on the CDLIS driver record within 60 days of the department’s receipt of such notification. However, this subrule is not in effect prior to the date established by the Federal Motor Carrier Safety Administration in 49 CFR Section 383.73 for state driver’s license agency compliance with national drug and alcohol clearinghouse requirements. The downgrade will be initiated and completed as follows:

a.The department will give the person written notice that the person is prohibited from operating a commercial motor vehicle due to notification the department received from the national drug and alcohol clearinghouse that the person has engaged in conduct prohibited by 49 CFR Section 382.501(a) and that upon receipt of the notification, the department initiated a downgrade of the person’s CLP or CDL.

b.If the department receives notification that the person is no longer prohibited from operating a commercial motor vehicle before the downgrade is completed, the department will terminate the downgrade process without removing the CLP or CDL privilege from the driver’s license, transmit the information to the person’s CDLIS driver record, and send written notice to the person.

c.If, after the downgrade is completed, the department receives notification from the national drug and alcohol clearinghouse that a driver is no longer prohibited from operating a commercial motor vehicle, the department will record the end of the downgrade on the person’s CDLIS driver record, reinstate the CLP or CDL privilege to the driver’s license, and send written notice to the person.

d.If, after the downgrade is completed, the department receives notification from the national drug and alcohol clearinghouse that the person was erroneously identified as prohibited from operating a commercial motor vehicle, the department will reinstate the CLP or CDL privilege to the driver’s license as expeditiously as possible and remove from the CDLIS driver record and driving record any reference related to the person’s erroneous prohibited status.

607.24(4) Limitation on hearing and appeal. An informal settlement, hearing, or appeal to contest the downgrade is limited to a determination of whether the facts required by Iowa Code sections 321.188 and 321.207 and this rule are true. The merits of the information conveyed by the national drug and alcohol clearinghouse to the department shall not be considered.

This rule is intended to implement Iowa Code sections 321.188 and 321.207.

761—607.25(321) Determination of gross vehicle weight rating.

607.25(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 the same as defined in 49 CFR Section 383.5 effective October 1, 2024.

607.25(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.