House File 258 - Enrolled House File 258 AN ACT RELATING TO COMMERCIAL DRIVERS LICENSES AND COMMERCIAL LEARNERS PERMITS, INCLUDING COMPLIANCE WITH FEDERAL REGULATIONS, AND MAKING PENALTIES APPLICABLE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: Section 1. Section 321.180, subsection 2, paragraph c, Code 2023, is amended to read as follows: c. A commercial learners permit shall be valid for a period not to exceed the period provided in 49 C.F.R. 383.25(c) and 49 C.F.R. 383.73(a)(2)(iii) 383.73(a)(3) . Sec. 2. Section 321.188, subsection 4, Code 2023, is amended to read as follows: 4. a. The department shall check the applicants driving record as maintained by the applicants current licensing state, the national commercial drivers license information system, the national drug and alcohol clearinghouse if required under 49 C.F.R. 383.73 , and the national driver register to determine whether the applicant qualifies for the issuance, renewal, or upgrade of a commercial drivers license, as applicable. The department shall notify the national commercial drivers license information system of the issuance, renewal, or upgrade of a commercial drivers license and shall post the drivers self-certification of type of driving as required by rule. The department shall also post information from the medical examiners certificate required under subsection 1 , paragraph d , to the national commercial
House File 258, p. 2 drivers license information system, if required by rule. b. The department shall request information from the national drug and alcohol clearinghouse if required under 49 C.F.R. 383.73 and shall not issue, renew, or upgrade the commercial drivers license if the response indicates the applicant is prohibited from operating a commercial motor vehicle pursuant to 49 C.F.R. 382.501(a). Sec. 3. Section 321.207, Code 2023, is amended to read as follows: 321.207 Downgrade of commercial drivers license or commercial learners permit. The department shall adopt rules for downgrading a commercial drivers license or commercial learners permit to a noncommercial status upon a drivers failure to provide a medical examiners certificate as required pursuant to section 321.188, subsection 1 , paragraph d , or upon a drivers failure to provide a self-certification of type of driving as required pursuant to section 321.188, subsection 1 , paragraph d , or upon receiving notification of the drivers prohibited status pursuant to 49 C.F.R. 383.73(q) . The rules shall include procedures regarding notification of downgrade status to the commercial drivers license information system, termination of a downgrade process, and reinstatement of a commercial learners permit or commercial drivers license after a downgrade, and shall substantially comply with 49 C.F.R. 383.71 and 383.73 , as adopted by rule by the department. Sec. 4. Section 321.208A, Code 2023, is amended to read as follows: 321.208A Operation in violation of out-of-service order penalties. 1. A person required to hold a commercial drivers license or commercial learners permit to operate a commercial motor vehicle shall not operate a commercial motor vehicle on the highways of this state in violation of an out-of-service order issued by a peace officer for a violation of the out-of-service rules adopted by the department. A driver who violates an out-of-service order commits a simple misdemeanor and shall be subject to a the applicable fine of not less than two thousand five hundred dollars in an amount in accordance with the civil
House File 258, p. 3 penalty provided in 49 C.F.R. pt. 386, Appendix B(b)(1), upon conviction for the first violation of an out-of-service order and not less than five thousand dollars for a second or subsequent violation of an out-of-service order in separate incidents within a ten-year period. 2. An employer shall not knowingly allow, require, permit, or authorize an employee to drive a commercial motor vehicle in violation of an out-of-service order. An employer who violates this subsection commits a simple misdemeanor and shall be subject to a fine of not less than two thousand seven hundred fifty dollars and not more than twenty-five thousand dollars in an amount in accordance with the civil penalty provided in 49 C.F.R. pt. 386, Appendix B(b)(2) . Sec. 5. Section 321.343A, Code 2023, is amended to read as follows: 321.343A Employer violations penalty. An employer shall not knowingly allow, require, permit, or authorize a driver to operate a commercial motor vehicle in violation of section 321.341 or 321.343 or any other federal or local law or regulation pertaining to railroad grade crossings. An employer who violates this section shall be subject to a fine of not more than ten thousand dollars in an amount in accordance with the civil penalty provided in 49 C.F.R. pt. 386, Appendix B(b)(3) . ______________________________ PAT GRASSLEY Speaker of the House ______________________________ AMY SINCLAIR President of the Senate I hereby certify that this bill originated in the House and is known as House File 258, Ninetieth General Assembly. ______________________________ MEGHAN NELSON Chief Clerk of the House Approved _______________, 2023 ______________________________ KIM REYNOLDS Governor