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Text: SF2345 Text: SF2347
Complete Bill History
Senate File 2346
PAG LIN
1 1 Section 1. Section 321.178, subsection 1, unnumbered
1 2 paragraph 1 and paragraphs a, b, and c, Code Supplement 2005,
1 3 are amended to read as follows:
1 4 An approved driver education course as programmed by the
1 5 department shall consist of at least thirty clock hours of
1 6 classroom instruction, of which no more than one hundred
1 7 eighty minutes shall be provided to a student in a single day,
1 8 and six or more clock hours of laboratory instruction of which
1 9 at least three clock hours shall consist of street or highway
1 10 driving.
1 11 a. Classroom instruction shall include all of the
1 12 following:
1 13 a. (1) A minimum of four twelve hours of instruction
1 14 concerning substance abuse, including the effects of alcohol
1 15 consumption on a person's driving skills.
1 16 b. (2) A minimum of twenty minutes of instruction
1 17 concerning railroad crossing safety.
1 18 c. (3) Instruction relating to becoming an organ donor
1 19 under the uniform anatomical gift Act as provided in chapter
1 20 142C.
1 21 (4) Instruction concerning driver distractions, including
1 22 the use of a cell phone while driving.
1 23 b. Laboratory instruction shall include all of the
1 24 following:
1 25 (1) A minimum of three clock hours of street or highway
1 26 driving.
1 27 (2) Behind=the=wheel instruction in defensive driving
1 28 techniques.
1 29 (3) Instruction in night driving, driving in adverse
1 30 weather conditions, and driving on gravel roads.
1 31 Sec. 2. NEW SECTION. 321.179 VIOLATORS UNDER AGE
1 32 EIGHTEEN == EDUCATION REQUIREMENT.
1 33 Notwithstanding any other provision, a motor vehicle
1 34 operator who is convicted of a violation of this chapter that
1 35 occurred when the person was under eighteen years of age shall
2 1 complete a classroom course approved by the department
2 2 consisting of behavior=based training designed to promote
2 3 positive and safe decision making. The classroom course
2 4 required under this section shall be the "alive at 25" course
2 5 developed by the national safety council, or a course that
2 6 contains equivalent curriculum and meets the goals of the
2 7 "alive at 25" course. The requirement imposed under this
2 8 section is in addition to any other penalty, sanction, or
2 9 educational requirement provided for a violation of this
2 10 chapter.
2 11 Sec. 3. Section 321.180B, subsection 2, Code 2005, is
2 12 amended to read as follows:
2 13 2. INTERMEDIATE LICENSE.
2 14 a. The department may issue an intermediate driver's
2 15 license to a person sixteen or seventeen years of age who
2 16 possesses an instruction permit issued under subsection 1 or a
2 17 comparable instruction permit issued by another state for a
2 18 minimum of six months immediately preceding application, and
2 19 who presents an affidavit signed by a parent or guardian on a
2 20 form to be provided by the department that the permittee has
2 21 accumulated a total of twenty thirty hours of street or
2 22 highway driving of which two four hours were conducted after
2 23 sunset and before sunrise and the street or highway driving
2 24 was with the permittee's parent, guardian, instructor, a
2 25 person certified by the department, or a person at least
2 26 twenty=five years of age who had written permission from a
2 27 parent or guardian to accompany the permittee, and whose
2 28 driving privileges have not been suspended, revoked, or barred
2 29 under this chapter or chapter 321J during, and who has been
2 30 accident and conviction free continuously for, the six=month
2 31 period immediately preceding the application for an
2 32 intermediate license. An applicant for an intermediate
2 33 license must meet the requirements of section 321.186,
2 34 including satisfactory completion of driver education as
2 35 required in section 321.178, and payment of the required
3 1 license fee before an intermediate license will be issued.
3 2 b. A person issued an intermediate license must shall
3 3 limit the number of passengers in the motor vehicle when the
3 4 intermediate licensee is operating the motor vehicle to the
3 5 number of passenger safety belts. Notwithstanding any
3 6 provision of law to the contrary, the provisions of sections
3 7 321.445 and 321.446 apply to all occupants of a vehicle
3 8 operated by a person with an intermediate license, regardless
3 9 of seating position.
3 10 c. Except as otherwise provided, a person issued an
3 11 intermediate license under this subsection who is operating a
3 12 motor vehicle between the hours of twelve=thirty a.m. and five
3 13 a.m. must be accompanied by a person issued a driver's license
3 14 valid for the vehicle operated who is the parent or guardian
3 15 of the permittee licensee, a member of the permittee's
3 16 licensee's immediate family if the family member is at least
3 17 twenty=one years of age, an approved driver education
3 18 instructor, a prospective driver education instructor who is
3 19 enrolled in a practitioner preparation program with a safety
3 20 education program approved by the state board of education, or
3 21 a person at least twenty=five years of age if written
3 22 permission is granted by the parent or guardian, and who is
3 23 actually occupying a seat beside the driver. However, a
3 24 licensee may operate a vehicle to and from school=related
3 25 extracurricular activities and work without an accompanying
3 26 driver between the hours of twelve=thirty a.m. and five a.m.
3 27 if such the licensee possesses a waiver on a form to be
3 28 provided by the department. An accompanying driver is not
3 29 required between the hours of five a.m. and twelve=thirty a.m.
3 30 Sec. 4. Section 321.180B, subsection 4, Code 2005, is
3 31 amended to read as follows:
3 32 4. FULL DRIVER'S LICENSE. A full driver's license may be
3 33 issued to a person seventeen years of age who possesses an
3 34 intermediate license issued under subsection 2 or a comparable
3 35 intermediate license issued by another state for a minimum of
4 1 twelve months immediately preceding application, and who
4 2 presents an affidavit signed by a parent or guardian on a form
4 3 to be provided by the department that the intermediate
4 4 licensee has accumulated a total of ten twenty hours of street
4 5 or highway driving of which two four hours were conducted
4 6 after sunset and before sunrise and the street or highway
4 7 driving was with the licensee's parent, guardian, instructor,
4 8 a person certified by the department, or a person at least
4 9 twenty=five years of age who had written permission from a
4 10 parent or guardian to accompany the licensee, whose driving
4 11 privileges have not been suspended, revoked, or barred under
4 12 this chapter or chapter 321J during, and who has been accident
4 13 and conviction free continuously for, the twelve=month period
4 14 immediately preceding the application for a full driver's
4 15 license, and who has paid the required fee.
4 16 Sec. 5. Section 321.445, subsection 2, unnumbered
4 17 paragraph 1, Code 2005, is amended to read as follows:
4 18 The driver and front seat occupants of a type of motor
4 19 vehicle that is subject to registration in Iowa, except a
4 20 motorcycle or a motorized bicycle, shall each wear a properly
4 21 adjusted and fastened safety belt or safety harness any time
4 22 the vehicle is in forward motion on a street or highway in
4 23 this state except that a child under eleven eighteen years of
4 24 age shall be secured as required under section 321.446.
4 25 Sec. 6. Section 321.446, subsection 2, Code Supplement
4 26 2005, is amended to read as follows:
4 27 2. A child at least six years of age but under eleven
4 28 eighteen years of age who is being transported in a motor
4 29 vehicle subject to registration, except a school bus or
4 30 motorcycle, shall be secured during transit by a child
4 31 restraint system that is used in accordance with the
4 32 manufacturer's instructions or by a safety belt or safety
4 33 harness of a type approved under section 321.445.
4 34 Sec. 7. NEW SECTION. 321J.2C EDUCATION FOR PERSONS UNDER
4 35 AGE TWENTY=ONE.
5 1 Notwithstanding any other provision, a person under twenty=
5 2 one years of age who operates a motor vehicle in violation of
5 3 section 321J.2 or 321J.2A shall complete a classroom course
5 4 approved by the department consisting of behavior=based
5 5 training designed to promote positive and safe decision
5 6 making. The classroom course required under this section
5 7 shall be the "alive at 25" course developed by the national
5 8 safety council, or a course that contains equivalent
5 9 curriculum and meets the goals of the "alive at 25" course.
5 10 The requirement imposed under this section is in addition to
5 11 any other penalty, sanction, or educational requirement
5 12 provided for a violation of this chapter.
5 13 Sec. 8. YOUNG DRIVERS STUDY COMMITTEE.
5 14 1. The state department of transportation and the
5 15 department of public safety, in consultation with interested
5 16 organizations, shall establish a study committee to review
5 17 Iowa law concerning driver licensing provisions affecting
5 18 young drivers. The committee shall specifically review the
5 19 provisions of section 321.194 concerning special minor's
5 20 (school) licenses and the provisions of section 321.178 and
5 21 other relevant Code sections concerning driver education.
5 22 2. The committee shall be comprised of members from
5 23 government, educational, and professional organizations, the
5 24 business community, nonpartisan groups, and rural and urban
5 25 communities, including but not limited to persons representing
5 26 the following:
5 27 a. The department of education.
5 28 b. The office of the attorney general.
5 29 c. The Iowa prosecuting attorneys council.
5 30 d. The Iowa association of chiefs of police and peace
5 31 officers.
5 32 e. The Iowa state sheriffs' and deputies' association.
5 33 f. The Iowa association of safety education.
5 34 g. The Iowa high school athletic association.
5 35 h. Superintendents of both urban and rural school
6 1 districts.
6 2 i. Drivers under eighteen years of age.
6 3 j. Small business owners and other employers.
6 4 k. Parents.
6 5 3. The committee shall recommend changes to Iowa law to
6 6 remove ambiguities in existing language and to ensure the safe
6 7 transportation of Iowa's youth. The committee shall report
6 8 its findings and recommendations to the general assembly no
6 9 later than December 31, 2006.
6 10 EXPLANATION
6 11 This bill addresses issues relating to driver education,
6 12 graduated driver licensing, and passenger restraint.
6 13 The bill provides several curriculum requirements for
6 14 inclusion in an approved driver education course. The amount
6 15 of classroom instruction devoted to substance abuse is
6 16 increased from four hours to 12 hours, including instruction
6 17 on the effects of alcohol consumption on driving skills.
6 18 Classroom instruction must also cover cell phone use and other
6 19 driver distractions. Laboratory instruction shall include
6 20 behind=the=wheel instruction in defensive driving and
6 21 instruction in driving at night, in adverse weather
6 22 conditions, and on gravel roads.
6 23 The bill provides new remedial education requirements for
6 24 motor vehicle operators under 18 years of age who commit motor
6 25 vehicle violations, and for persons under 21 years of age who
6 26 operate a motor vehicle while under the influence of alcohol
6 27 or drugs. The bill requires that such persons complete the
6 28 "alive at 25" course developed by the national safety council
6 29 or an equivalent course approved by the state department of
6 30 transportation.
6 31 The bill increases the amount of supervised driving
6 32 experience that a permittee between 14 and 18 years of age
6 33 must accumulate to qualify for an intermediate license from 20
6 34 hours, including two hours of nighttime driving, to 30 hours,
6 35 including four nighttime driving hours. The bill also
7 1 increases the amount of supervised driving experience that a
7 2 17=year=old intermediate licensee must accumulate to qualify
7 3 for a full driver's license from 10 hours, including two hours
7 4 of nighttime driving, to 20 hours, including four hours of
7 5 nighttime driving.
7 6 The bill requires that passengers who are at least six but
7 7 less than 18 years of age be secured by a child restraint
7 8 system or by a safety belt or safety harness regardless of
7 9 seating position in any motor vehicle, other than a school bus
7 10 or motorcycle. Under current law, the restraint requirement
7 11 applies to front seat occupants of any age, and to rear seat
7 12 occupants under 11 years of age. In addition, the bill
7 13 requires that all passengers 18 years of age or older use
7 14 safety belts or safety harnesses regardless of seating
7 15 position when riding in a vehicle operated by an intermediate
7 16 licensee. A violation of the seat belt or child restraint law
7 17 is a simple misdemeanor punishable by a scheduled fine of $25.
7 18 The bill directs the state department of transportation and
7 19 the department of public safety, in consultation with
7 20 interested organizations, to establish a study committee to
7 21 review Iowa law concerning driver licensing provisions
7 22 affecting young drivers, including school licenses and driver
7 23 education. The committee is to make recommendations to the
7 24 general assembly before December 31, 2006.
7 25 LSB 6506SV 81
7 26 dea:nh/cf/24
Text: SF2345 Text: SF2347
Complete Bill History
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