Iowa Code § 321.215

Current through March 29, 2024

Section 321.215 - Temporary restricted license

1.

a. The department, on application, may issue a temporary restricted license to a person whose noncommercial driver's license is suspended or revoked under this chapter, allowing the person to drive to and from the person's home and specified places at specified times which can be verified by the department and which are required by any of the following:

(1) The person's full-time or part-time employment.

(2) The person's continuing health care or the continuing health care of another who is dependent upon the person.

(3) The person's continuing education while enrolled in an educational institution on a part-time or full-time basis and while pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion.

(4) The person's substance use disorder treatment.

(5) The person's court-ordered community service responsibilities.

(6) The person's appointments with the person's parole or probation officer.

b. However, a temporary restricted license shall not be issued to a person whose license is revoked pursuant to a court order issued under section 321.209, subsections 1 through 5; to a juvenile whose license has been suspended or revoked pursuant to a dispositional order under section 232.52, subsection 2, paragraph "a", for a violation of chapter 124 or 453B or section 126.3; to a juvenile whose license has been suspended under section 321.213B; or to a person whose license has been suspended pursuant to a court order under section 714.7D. A temporary restricted license may be issued to a person whose license is revoked under section 321.209, subsection 6, only if the person has no previous drag racing convictions. A person holding a temporary restricted license issued by the department under this section shall not operate a motor vehicle for pleasure.

2. Upon conviction and the suspension or revocation of a person's noncommercial driver's license under section 321.209, subsection 5, 6, or 7, or section 321.210, 321.210 A, or 321.513; or upon the denial of issuance of a noncommercial driver's license under section 321.560, based solely on offenses enumerated in section 321.555, subsection 1, paragraph "c", or section 321.555, subsection 2; or upon suspension or revocation of a juvenile's driver's license pursuant to a dispositional order under section 232.52, subsection 2, paragraph "a", for a violation of chapter 124 or 453B, or section 126.3; or upon suspension of a driver's license pursuant to a court order under section 714.7D, the person may apply to the department for a temporary restricted license to operate a motor vehicle for the limited purpose or purposes specified in subsection 1. The application may be granted only if all of the following criteria are satisfied:

a. The temporary restricted license is requested only for a case of hardship or circumstances where alternative means of transportation do not exist.

b. The temporary restricted license is restricted to the limited purpose or purposes specified in subsection 1 at times specified in the license.

c. Proof of financial responsibility is established as defined in chapter 321A. However, such proof is not required if the driver's license was suspended under section 321.210A or 321.513.

3. The temporary restricted license shall be canceled upon conviction of a moving traffic violation or upon a violation of a term of the license. A "moving traffic violation" does not include a parking violation as defined in section 321.210.

4. The temporary restricted license is not valid to operate a commercial motor vehicle if a commercial driver's license or commercial learner's permit is required for the person's operation of the commercial motor vehicle.

5. Notwithstanding any provision of this chapter to the contrary, the department may issue a temporary restricted license to a person eligible for a temporary restricted license under this section if the person is also eligible for a temporary restricted license under section 321J.20, provided the requirements of this section and section 321J.20 are satisfied.

Iowa Code § 321.215

84 Acts, ch 1022, §6; 84 Acts, ch 1219, §26; 90 Acts, ch 1230, §58; 93 Acts, ch 16, §7-9; 95 Acts, ch 55, §10; 95 Acts, ch 143, §1; 96 Acts, ch 1152, §17; 96 Acts, ch 1218, §63 - 65; 98 Acts, ch 1073, §9; 2000 Acts, ch 1133, §8- 10; 2001 Acts, ch 132, §9; 2002 Acts, ch 1050, §33; 2005 Acts, ch 8, §27; 2005 Acts, ch 141, §1, 2; 2007 Acts, ch 196, §3; 2010 Acts, ch 1097, §1; 2015 Acts, ch 123, § 34, 68; 2016 Acts, ch 1011, § 50; 2018 Acts, ch 1172, § 97 - 99, 104; 2023 Acts, ch 19, § 1061; 2023 Acts, ch 42, §1, 2

Amended by 2023 Iowa, ch 42, s 1, eff. 7/1/2023.

Amended by 2023 Iowa, ch 42, s 2, eff. 7/1/2023.

Amended by 2023 Iowa, ch 19, s 1061, eff. 7/1/2023.

Amended by 2018 Iowa, ch 1172, s 97, eff. 7/1/2018.

Amended by 2016 Iowa, ch 1011, s 50, eff. 7/1/2016.

Amended by 2015 Iowa, ch 123, s 68, eff. 6/26/2015.

Amended by 2015 Iowa, ch 123, s 34, eff. 7/1/2015.

C31, 35, §4960-d43, -d44; C39, §5014.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.215
84 Acts, ch 1022, §6; 84 Acts, ch 1219, §26; 90 Acts, ch 1230, §58; 93 Acts, ch 16, §7 - 9; 95 Acts, ch 55, §10; 95 Acts, ch 143, §1; 96 Acts, ch 1152, §17; 96 Acts, ch 1218, §63 - 65; 98 Acts, ch 1073, §9; 2000 Acts, ch 1133, §8 - 10; 2001 Acts, ch 132, §9; 2002 Acts, ch 1050, §33; 2005 Acts, ch 8, §27; 2005 Acts, ch 141, §1, 2; 2007 Acts, ch 196, §3; 2010 Acts, ch 1097, §1

Referred to in §321.212, 321.213, 321.213A, 321.560, 321.561, 321J.20

Subsection 1, paragraph a, subparagraph (4) amended

Subsection 1, paragraph b amended

Subsection 2, unnumbered paragraph 1 amended