Bill Text: IA HF2236 | 2011-2012 | 84th General Assembly | Introduced


Bill Title: A bill for an act relating to requirements for a commercial driver's license for certain persons transitioning from military service. (See Cmte. Bill HF 2403)

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-03-07 - Withdrawn. H.J. 472. [HF2236 Detail]

Download: Iowa-2011-HF2236-Introduced.html
House File 2236 - Introduced HOUSE FILE 2236 BY CHAMBERS A BILL FOR An Act relating to requirements for a commercial driver’s 1 license for certain persons transitioning from military 2 service. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5904YH (3) 84 dea/nh
H.F. 2236 Section 1. Section 321.188, Code Supplement 2011, is 1 amended by adding the following new subsection: 2 NEW SUBSECTION . 6. a. The department may waive the 3 requirement that an applicant pass a driving skills test 4 specified in this section for an applicant who is on active 5 duty in the military service, or who has separated from such 6 service in the last ninety days, who certifies that during 7 the two-year period immediately preceding application for a 8 commercial driver’s license, all of the following apply: 9 (1) The applicant has not had more than one driver’s 10 license, other than a military license. 11 (2) The applicant has not had any driver’s license 12 suspended, revoked, or canceled. 13 (3) The applicant has not been convicted of an offense 14 committed while operating any type of motor vehicle that is 15 listed as a disqualifying offense in 49 C.F.R. § 383.51(b). 16 (4) The applicant has not had more than one conviction for 17 an offense committed while operating any type of motor vehicle 18 that is listed as a serious traffic violation in 49 C.F.R. § 19 383.51(c). 20 (5) The applicant has not had a conviction for a violation 21 of a state or local law relating to motor vehicle traffic 22 control, other than a parking violation, arising in connection 23 with any traffic accident and has no record of a traffic 24 accident in which the applicant was at fault. 25 b. An applicant for a waiver of the driving skills test 26 under this subsection shall certify and provide evidence as 27 required by the department that the following apply: 28 (1) The applicant is regularly employed or was regularly 29 employed within the last ninety days in a military position 30 requiring operation of a commercial motor vehicle. 31 (2) The applicant was exempt from commercial driver 32 licensing requirements pursuant to section 321.176A, subsection 33 3, or a comparable law of another state. 34 (3) The applicant was operating a motor vehicle 35 -1- LSB 5904YH (3) 84 dea/nh 1/ 3
H.F. 2236 representative of the class of motor vehicle the applicant 1 operates or expects to operate for at least two years 2 immediately preceding separation from military service. 3 c. An applicant who obtains a skills test waiver under this 4 subsection shall take and successfully pass the knowledge test 5 required pursuant to subsection 2. 6 EXPLANATION 7 This bill authorizes the department of transportation to 8 waive the driving skills testing requirement for an applicant 9 for a commercial driver’s license who is currently on active 10 military service or was separated from service within the last 11 90 days. Federal motor carrier safety regulations allow such 12 an exemption provided the applicant meets certain experience 13 and safety requirements, which are referred to in the bill. 14 To qualify for the waiver, the applicant must have been 15 employed in a military position requiring operation of a 16 commercial motor vehicle, must have been exempt from commercial 17 motor vehicle licensing requirements while operating a 18 commercial motor vehicle for military purposes, and must 19 have operated, during the two-year period immediately 20 preceding separation from military service, a motor vehicle 21 representative of the class of motor vehicle the applicant will 22 operate. 23 The applicant for an exemption must certify that during the 24 preceding two years the applicant has not had more than one 25 driver’s license other than a military license; has not had a 26 driver’s license suspended, revoked, or canceled; has not been 27 convicted of certain disqualifying offenses committed while 28 operating any type of motor vehicle; has not had more than one 29 conviction of any serious traffic offense; and has not had a 30 conviction for a violation, other than a parking violation, 31 arising in connection with any traffic accident and has no 32 record of a traffic accident in which the applicant was at 33 fault. 34 An applicant for whom the driving skills test requirement 35 -2- LSB 5904YH (3) 84 dea/nh 2/ 3
H.F. 2236 is waived must still pass a knowledge skills test to receive 1 a commercial driver’s license. 2 -3- LSB 5904YH (3) 84 dea/nh 3/ 3
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