House File 2098 - Introduced




                                 HOUSE FILE       
                                 BY  QUIRK

                                 (COMPANION TO SF 350
                                     BY DANDEKAR)

                                      A BILL FOR

  1 An Act concerning driver education instruction by a teaching
  2    parent.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 6008HH (3) 83
    dea/nh

PAG LIN



  1  1    Section 1.  NEW SECTION.  321.179  Driver education ==
  1  2 teaching parent.
  1  3    1.  Teaching parent.  As an alternative to the driver
  1  4 education requirements under section 321.178, a teaching  parent
  1  5 may instruct a student in a driver education course  that meets
  1  6 the requirements of this section and provide  evidence that the
  1  7 requirements under this section have been  met.
  1  8    2.  Definitions.  For purposes of this section:
  1  9    a.  "Approved course" means driver education curriculum
  1 10 approved by the department pursuant to rules adopted under
  1 11 chapter 17A.   An approved course shall, at a minimum, meet
  1 12 the  requirements of subsection 3 and be appropriate for
  1 13 teaching=parent=directed driver education and related street or
  1 14 highway  instruction.  Driver education materials that meet or
  1 15 exceed  standards established by the department for an approved
  1 16 course  in driver education for a public or private school shall
  1 17 be  approved unless otherwise determined by the department.  The
  1 18 list of approved courses shall be posted on the department's
  1 19 internet site.
  1 20    b.  "Student" means a person between the ages of fourteen
  1 21 and twenty=one years who is within the custody and control of
  1 22 the teaching parent and who satisfies preliminary licensing
  1 23 requirements of the department.
  1 24    c.  "Teaching parent" means a parent, guardian, or legal
  1 25 custodian of a student who is currently providing competent
  1 26 private instruction to the student pursuant to section
  1 27 299A.2  or 299A.3 and who provided such instruction to the
  1 28 student  during the previous year; who has a valid driver's
  1 29 license,  other than a motorized bicycle license or a temporary
  1 30 restricted license, that permits unaccompanied driving; and
  1 31 who has maintained a clear driving record for the previous two
  1 32 years.  For purposes of this paragraph, "clear driving record"
  1 33 means the individual has not been identified as a candidate  for
  1 34 suspension of a driver's license under the habitual  offender
  1 35 provisions of the department's regulations; is not  subject to a
  2  1 driver's license suspension, revocation, denial,  cancellation,
  2  2 disqualification, or bar; and has no record of a  conviction
  2  3 for a moving traffic violation determined to be the  cause of a
  2  4 motor vehicle accident.
  2  5    3.  Course of instruction.
  2  6    a.  An approved course administered by a teaching parent
  2  7 shall consist of but not be limited to the following:
  2  8    (1)  Thirty clock hours of classroom instruction.
  2  9    (2)  Forty hours of street or highway driving including
  2 10 four hours of driving after sunset and before sunrise while
  2 11 accompanied by the teaching parent.
  2 12    (3)  Four hours of classroom instruction concerning
  2 13 substance abuse.
  2 14    (4)  A minimum of twenty minutes of instruction concerning
  2 15 railroad crossing safety.
  2 16    (5)  Instruction relating to becoming an organ donor under
  2 17 the revised uniform anatomical gift Act as provided in chapter
  2 18 142C.
  2 19    (6)  Instruction providing an awareness about sharing the
  2 20 road with bicycles and motorcycles.
  2 21    b.  The content of the course of instruction required under
  2 22 this subsection shall be equivalent to that required under
  2 23 section 321.178.  However, reference and study materials,
  2 24 physical classroom requirements, and extra vehicle safety
  2 25 equipment required for instruction under section 321.178 shall
  2 26 not be required for the course of instruction provided under
  2 27 this section.
  2 28    4.  Course completion and certification.  Upon application
  2 29 by a student for an intermediate license, the teaching parent
  2 30 shall provide evidence showing the student's completion
  2 31 of an  approved course and substantial compliance with the
  2 32 requirements of subsection 3 by affidavit signed by the
  2 33 teaching parent on a form to be provided by the department.
  2 34 The evidence shall include all of the following:
  2 35    a.  Documentation that the instructor is a teaching parent  as
  3  1 defined in subsection 2.
  3  2    b.  Documentation that the student is receiving competent
  3  3 private instruction under section 299A.2 or the name of
  3  4 the  school district within which the student is receiving
  3  5 instruction under section 299A.3.
  3  6    c.  The name of the approved course completed by the  student.
  3  7    d.  An affidavit attesting to satisfactory completion of
  3  8 course work and street or highway driving instruction.
  3  9    e.  Copies of written tests completed by the student.
  3 10    f.  A statement of the number of classroom hours of
  3 11 instruction.
  3 12    g.  A log of completed street or highway driving  instruction
  3 13 including the dates when the lessons were  conducted, the
  3 14 student's and the teaching parent's name and  initials noted
  3 15 next to each entry, notes on driving activities  including a
  3 16 list of driving deficiencies and improvements, and  the duration
  3 17 of the driving time for each session.
  3 18    5.  Intermediate license.  Any student who successfully
  3 19 completes an approved course as provided in this section,
  3 20 passes a driving test to be administered by the department,
  3 21 and is otherwise qualified under section 321.180B, subsection
  3 22 2, shall be eligible for an intermediate license pursuant
  3 23 to  section 321.180B.  Twenty of the forty hours of street
  3 24 or  highway driving instruction required under subsection 3,
  3 25 paragraph "a", subparagraph (2), may be utilized to satisfy  the
  3 26 requirement of section 321.180B, subsection 2.
  3 27    6.  Full license.  A student must comply with section
  3 28 321.180B, subsection 4, to be eligible for a full driver's
  3 29 license pursuant to section 321.180B.
  3 30    Sec. 2.  Section 321.180B, subsection 2, Code Supplement
  3 31 2009, is amended to read as follows:
  3 32    2.  Intermediate license.
  3 33    a.  The department may issue an intermediate driver's
  3 34 license to a person sixteen or seventeen years of age who
  3 35 possesses an instruction permit issued under subsection 1 or
  4  1 a comparable instruction permit issued by another state for a
  4  2 minimum of six months immediately preceding application, and
  4  3 who presents an affidavit signed by a parent, guardian, or
  4  4 custodian on a form to be provided by the department that the
  4  5 permittee has accumulated a total of twenty hours of street
  4  6 or highway driving of which two hours were conducted after
  4  7 sunset and before sunrise and the street or highway driving was
  4  8 with the permittee's parent, guardian, custodian, instructor,
  4  9 a person certified by the department, or a person at least
  4 10 twenty=five years of age who had written permission from a
  4 11 parent, guardian, or custodian to accompany the permittee, and
  4 12 whose driving privileges have not been suspended, revoked,
  4 13 or barred under this chapter or chapter 321J during, and who
  4 14 has been accident and violation free continuously for, the
  4 15 six=month period immediately preceding the application for an
  4 16 intermediate license.  An applicant for an intermediate license
  4 17 must meet the requirements of section 321.186, including
  4 18 satisfactory completion of driver education as required in
  4 19 section 321.178 or 321.179, and payment of the required license
  4 20 fee before an intermediate license will be issued.
  4 21    b.  A person issued an intermediate license must limit the
  4 22 number of passengers in the motor vehicle when the intermediate
  4 23 licensee is operating the motor vehicle to the number of
  4 24 passenger safety belts.
  4 25    c.  Except as otherwise provided, a person issued an
  4 26 intermediate license under this subsection who is operating a
  4 27 motor vehicle between the hours of twelve=thirty a.m. and five
  4 28 a.m. must be accompanied by a person issued a driver's license
  4 29 valid for the vehicle operated who is the parent, guardian,
  4 30 or custodian of the permittee, a member of the permittee's
  4 31 immediate family if the family member is at least twenty=one
  4 32 years of age, an approved driver education instructor, a
  4 33 prospective driver education instructor who is enrolled in
  4 34 a practitioner preparation program with a safety education
  4 35 program approved by the state board of education, or a person
  5  1 at least twenty=five years of age if written permission is
  5  2 granted by the parent, guardian, or custodian, and who is
  5  3 actually occupying a seat beside the driver.  However, a
  5  4 licensee may operate a vehicle to and from school=related
  5  5 extracurricular activities and work without an accompanying
  5  6 driver between the hours of twelve=thirty a.m. and five a.m.
  5  7 if such licensee possesses a waiver on a form to be provided by
  5  8 the department.  An accompanying driver is not required between
  5  9 the hours of five a.m. and twelve=thirty a.m.
  5 10                           EXPLANATION
  5 11    This bill allows a parent, guardian, or legal custodian who
  5 12 is providing competent private instruction to a student to
  5 13 teach the student driver education, provided the person has a
  5 14 valid driver's license that permits unaccompanied driving and
  5 15 has a clear driving record for the previous two years.  The
  5 16 classroom instruction requirements for the alternative course
  5 17 of instruction are substantially the same as for an approved
  5 18 course of instruction offered by a public school district or
  5 19 private or commercial driver education school, with additional
  5 20 requirements for 40, rather than 20, hours of street or  highway
  5 21 driving including night driving.  The course of  instruction
  5 22 must be a course approved by the department of  transportation
  5 23 by rule and utilize driver education materials  that meet or
  5 24 exceed standards established for driver education  courses
  5 25 approved for public or private schools.  A list of  approved
  5 26 courses is to be posted on the transportation  department's
  5 27 website.
  5 28    In order for the student to qualify for an intermediate
  5 29 driver's license, the teaching parent is required to document
  5 30 substantial compliance with the driver education course
  5 31 requirements and furnish an affidavit attesting to the
  5 32 student's satisfactory completion of the course work and  street
  5 33 or highway driving to the department of education.
       LSB 6008HH (3) 83
       dea/nh