Bill Text: IA HF2530 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to third-party testers and test examiners for commercial driver's license knowledge and driving skills tests.(Formerly HSB 654.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-03-10 - Withdrawn. H.J. 542. [HF2530 Detail]
Download: Iowa-2021-HF2530-Introduced.html
House
File
2530
-
Introduced
HOUSE
FILE
2530
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
HSB
654)
(COMPANION
TO
SF
2337
BY
COMMITTEE
ON
TRANSPORTATION)
A
BILL
FOR
An
Act
relating
to
third-party
testers
and
test
examiners
for
1
commercial
driver’s
license
knowledge
and
driving
skills
2
tests.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.187,
subsections
2
and
3,
Code
2022,
1
are
amended
to
read
as
follows:
2
2.
The
department
may
by
rule
designate
community
colleges
3
established
under
chapter
260C
and
other
third-party
testers
to
4
administer
the
knowledge
and
driving
skills
test
tests
required
5
for
a
commercial
learner’s
permit
or
commercial
driver’s
6
license,
provided
that
all
of
the
following
occur:
7
a.
The
driving
skills
test
is
the
same
as
that
which
8
would
otherwise
be
administered
by
the
state.
The
fees
for
9
administering
a
commercial
driver’s
license
driving
skills
test
10
as
provided
in
sections
321.187A
and
321M.6A
shall
not
apply
11
to
a
driving
skills
test
administered
by
a
third-party
tester
12
under
this
section
.
13
b.
The
third-party
tester
contractually
agrees
to
comply
14
with
the
requirements
of
49
C.F.R.
§383.75
pts.
383
and
384
15
applicable
to
third-party
knowledge
and
driving
skills
testing,
16
as
adopted
by
rule
by
the
department.
17
c.
Any
third-party
skills
test
examiner
used
by
the
18
third-party
tester
shall
meet
the
requirements
of
49
C.F.R.
19
§383.75
and
49
C.F.R.
§384.228
pts.
383
and
384
applicable
to
20
third-party
knowledge
and
driving
skills
testing
,
as
adopted
21
by
rule
by
the
department.
The
department
shall
adopt
rules
22
requiring
that
a
third-party
tester,
other
than
a
community
23
college
established
under
chapter
260C
,
either
be
an
Iowa-based
24
motor
carrier,
or
its
subsidiary,
that
has
its
principal
office
25
within
this
state
and
operates
a
permanent
commercial
driver
26
training
facility
in
this
state,
or
be
an
Iowa
nonprofit
27
corporation
that
serves
as
a
trade
association
for
Iowa-based
28
motor
carriers
regarding
who
may
qualify
as
a
third-party
29
tester
.
The
rules
may
also
provide
that
a
third-party
tester
30
conduct
a
number
of
skills
test
examinations
above
the
number
31
required
under
49
C.F.R.
§383.75
in
order
to
remain
qualified
32
as
a
third-party
tester
under
this
section
.
A
third-party
33
tester,
other
than
a
community
college
established
under
34
chapter
260C,
must
be
one
of
the
following:
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(1)
An
Iowa-based
motor
carrier,
or
its
subsidiary,
that
has
1
its
principal
office
within
this
state
and
operates
a
permanent
2
commercial
driver
training
facility
in
this
state.
3
(2)
An
Iowa
nonprofit
corporation
that
serves
as
a
trade
4
association
for
Iowa-based
motor
carriers.
5
(3)
A
public
transit
system
or
regional
transit
system,
as
6
those
terms
are
defined
in
section
324A.1,
in
this
state.
7
3.
As
used
in
this
section
,
“third-party
tester”
and
8
“third-party
skills
test
examiner”
mean
as
defined
in
49
C.F.R.
9
§383.5
.
:
10
a.
“Third-party
test
examiner”
means
a
person
employed
by
11
a
third-party
tester
who
is
authorized
by
the
department
to
12
administer
the
knowledge
and
driving
skills
tests
under
this
13
section.
14
b.
“Third-party
tester”
means
a
person
designated
by
15
the
department
to
employ
knowledge
and
driving
skills
test
16
examiners
to
administer
knowledge
and
driving
skills
tests
17
under
this
section.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
Under
current
law,
the
department
of
transportation
(DOT)
is
22
required
to
examine
applicants
for
driver’s
licenses.
However,
23
the
DOT
may
designate
community
colleges
and
other
third-party
24
testers
to
administer
the
driving
skills
test
required
for
25
a
commercial
driver’s
license
(CDL).
A
third-party
skills
26
test
examiner
used
by
a
third-party
tester
must
meet
federal
27
regulatory
requirements
as
adopted
by
rule
by
the
DOT.
The
DOT
28
is
required
to
adopt
rules
requiring
that
a
third-party
tester,
29
other
than
a
community
college,
either
be
an
Iowa-based
motor
30
carrier,
or
its
subsidiary,
that
has
its
principal
office
and
31
operates
a
permanent
commercial
driver
training
facility
in
32
Iowa,
or
an
Iowa
nonprofit
corporation
that
serves
as
a
trade
33
association
for
Iowa-based
motor
carriers.
34
This
bill
authorizes
third-party
testers
who
comply
with
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federal
regulatory
requirements,
and
who
are
designated
by
1
the
DOT,
to
administer
the
knowledge
and
driving
skills
tests
2
required
for
commercial
learner’s
permits
and
CDLs.
The
bill
3
authorizes
Iowa
public
transit
systems
(an
urban
or
regional
4
transit
system
providing
transit
services
accessible
to
the
5
general
public
and
receiving
federal,
state,
or
local
tax
6
support)
and
Iowa
regional
transit
systems
(a
public
transit
7
system
serving
one
county
or
all
or
part
of
a
multicounty
area
8
whose
boundaries
correspond
to
the
same
boundaries
as
those
of
9
the
regional
planning
areas
designated
by
the
governor
except
10
as
agreed
upon
by
the
county
and
the
DOT)
to
be
third-party
11
testers.
The
bill
makes
organizational
changes
to
Code
12
section
321.187
and
defines
“third-party
test
examiner”
and
13
“third-party
tester”.
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