Iowa Admin. Code r. 761-607.49
Current through Regsiter Vol. 46, No. 26, June 12, 2024
Rule 761-607.49 - Restricted commercial driver's license(1)Scope. This rule pertains to the issuance of restricted commercial driver's licenses to employees of the following designated farm-related service industries: agrichemical businesses, custom harvesters, farm retail outlets and suppliers and livestock feeders as permitted by 49 CFR 383.3(f). A restricted commercial driver's license shall meet all requirements of a regular commercial driver's license, as set out in Iowa Code chapter 321 and this chapter, except as specified in this rule.(2)Validity.a. A restricted commercial driver's license allows the licensee to drive a commercial motor vehicle for agricultural input purposes. The license is valid to:(1) Operate Group B and Group C commercial motor vehicles including tank vehicles and vehicles equipped with air brakes, except passenger vehicles.(2) Transport the hazardous materials listed in paragraph 607.49(2)"b."(3) Operate only during the current, validated seasonal period.(4) Operate between the employer's place of business and the farm currently being served, not to exceed 150 miles.b. A restricted commercial driver's license is not valid for transporting hazardous materials requiring placarding, except as follows:(1) Liquid fertilizers such as anhydrous ammonia may be transported in vehicles or implements of husbandry with total capacities of 3,000 gallons or less.(2) Solid fertilizers such as ammonium nitrate may be transported provided they are not mixed with any organic substance.(3) A hazardous material endorsement is not needed to transport the products listed in the preceding subparagraphs.c. When not driving for agricultural input purposes, the license is valid for operating a noncommercial motor vehicle that may be legally operated under the noncommercial license held by the licensee.(3)Requirements.a. The applicant must have two years of previous driving experience. This means that the applicant must have held a license that permits unaccompanied driving for at least two years. This does not include a motorized bicycle license, a minor's school license or a minor's restricted license.b. The applicant must have a good driving record for the most recent two-year period, as defined in subrule 607.49(4).c. An applicant who currently holds an unrestricted commercial driver's license is not eligible for issuance of a restricted commercial driver's license.(4)Good driving record. A "good driving record" means a driving record showing:b. No driver's license suspensions, revocations, disqualifications, denials, bars, or cancellations of any kind.c. No convictions in any type of motor vehicle for:(1) Driving under the influence of alcohol or drugs.(2) Leaving the scene of an accident.(3) Committing any felony involving a motor vehicle.(4) Speeding 15 miles per hour or more over the posted speed limit.(5) Reckless driving, drag racing, or eluding or attempting to elude a law enforcement officer.(6) Improper or erratic lane changes.(7) Following too closely.(8) A moving violation that contributed to a motor vehicle accident.(9) A violation deemed serious under rule 761-615.17(321).d. No record of contributive accidents, as defined in rule 761-615.1 (321).(5)Issuance.a. The knowledge and skills tests described in rules 761-607.27 (321) and 761-607.28 (321) are waived.b. A restricted commercial driver's license shall be coded with restriction "W" on the face of the driver's license, with the restriction explained in text on the back of the driver's license. In addition, the license shall be issued with a restriction stating the license's period of validity.c. The expiration date for a restricted commercial driver's license that is converted to this license from another Iowa license shall carry the same expiration date as the previous license.d. A restricted commercial driver's license may be renewed for the period of time specified in Iowa Code section 321.196. The licensee's good driving record shall be confirmed at the time of renewal.e. The fee for a restricted commercial driver's license shall be as specified in Iowa Code section 321.191.f. On or after January 1, 2023, a licensee may have up to three individual periods of validity for a restricted commercial driver's license, provided the cumulative period of validity for all individual periods does not exceed 210 days in any calendar year. An individual period of validity may be 70, 105, or 210 consecutive days, at the election of the licensee. A licensee may add 35 days to an individual period of validity by applying for an extension, subject to the 210-day cumulative maximum period of validity. A request for extension must be made no later than the date of expiration of the individual period of validity for which an extension is requested; a request for extension made after that date shall be treated as a request for a new individual period of validity. An extension shall be calculated from the date of expiration of the individual period of validity for which an extension is requested. Any period of validity authorized previously by another state's license shall be considered a part of the 210-day cumulative maximum period of validity.g. A restricted commercial driver's license must be validated for commercial motor vehicle operation for each individual period of validity. This means that the applicant/licensee must have the person's good driving record confirmed at each application for an individual period of validity. Upon confirmation, the department shall issue a replacement license with a restriction validating the license for that individual period of validity, provided the person is otherwise eligible for the license. The fee for a replacement license shall be as specified in Iowa Code section 321.195.h. The same process must be repeated for each individual period of validity within a calendar year. This rule is intended to implement Iowa Code section 321.176B.
Iowa Admin. Code r. 761-607.49
Amended by IAB January 6, 2016/Volume XXXVIII, Number 14, effective 2/10/2016Amended by IAB May 11, 2016/Volume XXXVIII, Number 23, effective 6/15/2016Amended by IAB March 11, 2020/Volume XLII, Number 19, effective 4/15/2020Amended by IAB April 5, 2023/Volume XLV, Number 20, effective 5/10/2023Amended by IAB April 3, 2024/Volume XLVI, Number 20, effective 5/8/2024