Senate File 155 - Introduced SENATE FILE 155 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SSB 1062) A BILL FOR An Act relating to commercial drivers licenses and commercial 1 learners permits, including compliance with federal 2 regulations, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1217SV (1) 90 th/ns
S.F. 155 Section 1. Section 321.180, subsection 2, paragraph c, Code 1 2023, is amended to read as follows: 2 c. A commercial learners permit shall be valid for a period 3 not to exceed the period provided in 49 C.F.R. 383.25(c) and 4 49 C.F.R. 383.73(a)(2)(iii) 383.73(a)(3) . 5 Sec. 2. Section 321.188, subsection 4, Code 2023, is amended 6 to read as follows: 7 4. a. The department shall check the applicants driving 8 record as maintained by the applicants current licensing 9 state, the national commercial drivers license information 10 system, the national drug and alcohol clearinghouse if 11 required under 49 C.F.R. 383.73 , and the national driver 12 register to determine whether the applicant qualifies for 13 the issuance, renewal, or upgrade of a commercial drivers 14 license, as applicable. The department shall notify the 15 national commercial drivers license information system of the 16 issuance, renewal, or upgrade of a commercial drivers license 17 and shall post the drivers self-certification of type of 18 driving as required by rule. The department shall also post 19 information from the medical examiners certificate required 20 under subsection 1 , paragraph d , to the national commercial 21 drivers license information system, if required by rule. 22 b. The department shall request information from the 23 national drug and alcohol clearinghouse if required under 49 24 C.F.R. 383.73 and shall not issue, renew, or upgrade the 25 commercial drivers license if the response indicates the 26 applicant is prohibited from operating a commercial motor 27 vehicle pursuant to 49 C.F.R. 382.501(a). 28 Sec. 3. Section 321.207, Code 2023, is amended to read as 29 follows: 30 321.207 Downgrade of commercial drivers license or 31 commercial learners permit. 32 The department shall adopt rules for downgrading a 33 commercial drivers license or commercial learners permit to 34 a noncommercial status upon a drivers failure to provide a 35 -1- LSB 1217SV (1) 90 th/ns 1/ 4
S.F. 155 medical examiners certificate as required pursuant to section 1 321.188, subsection 1 , paragraph d , or upon a drivers failure 2 to provide a self-certification of type of driving as required 3 pursuant to section 321.188, subsection 1 , paragraph d , or 4 upon receiving notification of the drivers prohibited status 5 pursuant to 49 C.F.R. 383.73(q) . The rules shall include 6 procedures regarding notification of downgrade status to the 7 commercial drivers license information system, termination 8 of a downgrade process, and reinstatement of a commercial 9 learners permit or commercial drivers license after a 10 downgrade, and shall substantially comply with 49 C.F.R. 11 383.71 and 383.73 , as adopted by rule by the department. 12 Sec. 4. Section 321.208A, Code 2023, is amended to read as 13 follows: 14 321.208A Operation in violation of out-of-service order 15 penalties. 16 1. A person required to hold a commercial drivers license 17 or commercial learners permit to operate a commercial motor 18 vehicle shall not operate a commercial motor vehicle on the 19 highways of this state in violation of an out-of-service order 20 issued by a peace officer for a violation of the out-of-service 21 rules adopted by the department. A driver who violates an 22 out-of-service order commits a simple misdemeanor and shall be 23 subject to a the applicable fine of not less than two thousand 24 five hundred dollars in an amount in accordance with the civil 25 penalty provided in 49 C.F.R. pt. 386, Appendix B(b)(1), 26 upon conviction for the first violation of an out-of-service 27 order and not less than five thousand dollars for a second or 28 subsequent violation of an out-of-service order in separate 29 incidents within a ten-year period. 30 2. An employer shall not knowingly allow, require, permit, 31 or authorize an employee to drive a commercial motor vehicle in 32 violation of an out-of-service order. An employer who violates 33 this subsection commits a simple misdemeanor and shall be 34 subject to a fine of not less than two thousand seven hundred 35 -2- LSB 1217SV (1) 90 th/ns 2/ 4
S.F. 155 fifty dollars and not more than twenty-five thousand dollars in 1 an amount in accordance with the civil penalty provided in 49 2 C.F.R. pt. 386, Appendix B(b)(2) . 3 Sec. 5. Section 321.343A, Code 2023, is amended to read as 4 follows: 5 321.343A Employer violations penalty. 6 An employer shall not knowingly allow, require, permit, or 7 authorize a driver to operate a commercial motor vehicle in 8 violation of section 321.341 or 321.343 or any other federal or 9 local law or regulation pertaining to railroad grade crossings. 10 An employer who violates this section shall be subject to a 11 fine of not more than ten thousand dollars in an amount in 12 accordance with the civil penalty provided in 49 C.F.R. pt. 13 386, Appendix B(b)(3) . 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanations substance by the members of the general assembly. 17 This bill aligns relevant provisions of Code chapter 321 18 (motor vehicles and law of the road) with federal regulations 19 relating to the national drug and alcohol clearinghouse, 20 commercial drivers licenses (CDL), and commercial learners 21 permits (CLP). 22 Under federal regulations, prior to issuing a CDL to a 23 person, a state must, among other things, initiate and complete 24 a check of the applicants driving record to ensure that the 25 person is not subject to disqualification and does not have a 26 drivers license from more than one state or jurisdiction. The 27 record check provides information about an applicants driving 28 record and relevant criminal history, if any. The record 29 check must include a check of the applicants driving record 30 as maintained by the applicants current state of licensure, a 31 check with the commercial drivers license information system 32 (CDLIS), and a check with the problem driver pointer system. 33 Beginning November 18, 2024, a state must request 34 information from the national drug and alcohol clearinghouse, 35 -3- LSB 1217SV (1) 90 th/ns 3/ 4
S.F. 155 and if in response to the request the state receives 1 notification that the applicant is prohibited from operating a 2 commercial motor vehicle, the state must not issue, renew, or 3 upgrade the persons CDL or CLP. A state must, upon receiving 4 notification that a CDL or CLP holder is prohibited from 5 operating a commercial motor vehicle, initiate established 6 procedures for downgrading the CDL or CLP. The downgrade must 7 be completed and recorded on the CDLIS driver record within 60 8 days of the states receipt of such notification. 9 A state will be required to terminate a downgrade process, 10 reinstate a CDL or CLP, make a person eligible for a CDL or 11 CLP, and expunge from the CDLIS driver record any reference 12 related to a persons erroneous prohibited status upon 13 receiving appropriate notification that the person is no longer 14 prohibited from operating a commercial motor vehicle. 15 The bill provides that certain violations will result in a 16 fine in accordance with the civil penalty provided in federal 17 regulations. An individual who violates an out-of-service 18 order commits a simple misdemeanor and is subject to a fine of 19 not less than $3,471 for a first conviction and not less than 20 $6,943 for a second or subsequent conviction within 10 years. 21 An employer of a CDL holder who knowingly allows, requires, 22 permits, or authorizes an employee to operate a commercial 23 motor vehicle during any period in which the CDL holder is 24 subject to an out-of-service order is subject to a fine of not 25 less than $6,269 or more than $34,712. An employer of a CDL 26 holder who knowingly allows, requires, permits, or authorizes 27 that CDL holder to operate a commercial motor vehicle in 28 violation of a federal, state, or local law or regulation 29 pertaining to railroad-highway grade crossings is subject to a 30 fine of not more than $17,995. 31 The bill amends Code citations to conform to applicable 32 federal regulations. 33 -4- LSB 1217SV (1) 90 th/ns 4/ 4