House File 2185 - Introduced




                                 HOUSE FILE       
                                 BY  BYRNES

                                      A BILL FOR

  1 An Act relating to third=party commercial driver's license
  2    testers and skills test examiners.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 321.187, Code 2016, is amended to read
  1  2 as follows:
  1  3    321.187  Examiners.
  1  4    1.  The department shall examine applicants for driver's
  1  5 licenses. Examiners of the department shall wear an
  1  6 identifying badge and uniform provided by the department.
  1  7    2.  The department may by rule designate community colleges
  1  8 established under chapter 260C and other third=party testers to
  1  9 administer the driving skills test required for a commercial
  1 10 driver's license, provided that all of the following occur:
  1 11    a.  The driving skills test is the same as that which would
  1 12 otherwise be administered by the state.
  1 13    b.  The third=party tester contractually agrees to comply
  1 14 with the requirements of 49 C.F.R. {383.75 as adopted by rule
  1 15 by the department.
  1 16    c.  Any third=party skills test examiner used by the
  1 17 third=party tester shall meet the requirements of 49 C.F.R.
  1 18 {383.75 and 49 C.F.R. {384.228, as adopted by rule by the
  1 19 department. The department shall adopt rules requiring that a
  1 20 third=party tester, other than a community college established
  1 21 under chapter 260C, shall be an Iowa=based motor carrier, or
  1 22 its subsidiary, that has its principal office place of business
  1 23  within this state and operates a permanent commercial driver
  1 24 training or testing facility in this state. The rules may also
  1 25 provide that a third=party tester conduct a number of skills
  1 26 test examinations above the number required under 49 C.F.R.
  1 27 {383.75 in order to remain qualified as a third=party tester
  1 28 under this section.
  1 29    3.  A community college or other third=party tester
  1 30 authorized to administer driving skills tests pursuant to this
  1 31 section may charge a fee to a license applicant for the driving
  1 32 skills test administered to the applicant pursuant to this
  1 33 section.
  1 34    3.  4.  As used in this section, "third=party tester" and
  1 35 "third=party skills test examiner" mean as defined in 49 C.F.R.
  2  1 {383.5.
  2  2    Sec. 2.  REPEAL.  2014 Iowa Acts, chapter 1123, section 23,
  2  3 is repealed.
  2  4                           EXPLANATION
  2  5 The inclusion of this explanation does not constitute agreement with
  2  6 the explanation's substance by the members of the general assembly.
  2  7    Under Code section 321.187, two types of entities can be
  2  8 authorized by the department of transportation (DOT) to act as
  2  9 third=party commercial driver's license testers: community
  2 10 colleges established under Code chapter 260C and Iowa=based
  2 11 motor carriers.
  2 12    This bill allows a third=party tester to charge a fee to
  2 13 a license applicant for the driving skills test administered
  2 14 by the tester. In addition, the bill strikes a provision
  2 15 requiring DOT examiners to wear an identifying badge and
  2 16 uniform provided by the DOT.
  2 17    When Code section 321.187 was amended in 2014 to authorize
  2 18 third=party testers, the general assembly included a future
  2 19 repeal date of July 1, 2019, for the amendments. The bill
  2 20 repeals that future repeal provision.
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