Iowa Code § 321.194

Current through March 29, 2024

Section 321.194 - Special minor's restricted license

1.Application -- persons eligible. The department may issue a special minor's restricted license to an applicant between the ages of fourteen and eighteen years if the applicant meets all of the following conditions:

a. The applicant holds an instruction permit issued by the department in accordance with section 321.180B, or a comparable permit issued by another state, and has held such permit for a minimum of six months prior to applying for the special minor's restricted license.

b. The applicant has successfully completed an approved driver education course. However, the completion of a course is not required if the applicant demonstrates to the satisfaction of the department that completion of the course would impose a hardship upon the applicant. The department shall adopt rules defining the term "hardship" and establishing procedures for the demonstration and determination of when completion of the course would impose a hardship upon an applicant.

c. The applicant submits a certification from the applicant's school certifying the applicant is enrolled at the school for courses of instruction or extracurricular activities, or from the applicant's primary instructor if the applicant receives competent private instruction or independent private instruction.

2.Consent -- employment. Prior to being authorized to operate a motor vehicle unsupervised to a place of employment or a location for farm-related work while employed to work on a farm, the applicant's parent or guardian must complete a written consent form prescribed by the department.

a. The written consent form must include, at minimum, the name and address of the applicant's current place of employment or primary farm location, as applicable.

b. If the place of employment or primary farm location changes, the parent or guardian must complete a new written consent form prior to the licensee being authorized to operate a motor vehicle unsupervised to the new location.

c. While a licensee is operating a motor vehicle as described in this subsection, the licensee shall carry a copy of the written consent form in the vehicle and present the form for inspection upon request by a certified peace officer.

3.Persons ineligible. The department shall not issue a special minor's restricted license to an applicant if any of the following occurred during the six-month period immediately preceding the application:

a. The applicant's driving privileges have been suspended, revoked, or barred under this chapter or chapter 321J.

b. The applicant was at fault for causing an accident or collision.

c. The applicant has been convicted of a violation of a law of this state or a city ordinance regulating the operation of motor vehicles on highways other than parking violations as described in section 321.210.

4.License privileges.

a. The department shall classify the special minor's restricted license as a class C or class M license, as applicable. A licensee is entitled to operate a motor vehicle as provided in this section, other than a commercial motor vehicle, a motor vehicle with more than two axles, a motor vehicle towing another vehicle, or as a chauffeur.

b. A licensee may operate a motor vehicle unsupervised over the most direct and accessible route between the licensee's residence, school of enrollment, location where the licensee receives competent private instruction or independent private instruction, place of employment, location for farm work or farm-related work if the licensee resides on a farm or is employed for compensation on a farm in this state, and the closest service station, for any of the following purposes, as applicable, provided the driving distance between the point of origin and the destination is no more than twenty-five miles, and the licensee is in immediate possession of the license card:

(1) To return to the licensee's residence following the end of the licensee's duly scheduled courses of instruction, extracurricular activities, work shift, farm work, or farm-related work, as applicable.

(2) To attend duly scheduled courses of instruction. However, a licensee who attends a public school and resides within that public school district may operate a motor vehicle between the licensee's residence and school regardless of the distance.

(3) To participate in extracurricular activities. If the licensee receives independent private instruction and participates in an extracurricular activity at another school, the licensee may drive to the location of the extracurricular activity regardless of whether the licensee is enrolled at the school.

(4) To complete a scheduled work shift, if approved by the licensee's parent or guardian pursuant to subsection 2.

(5) For the purpose of assisting the licensee's parents, guardians, or employer with farm work or in connection with any farm job, employment, or other farm-related work, including traveling to or from the location of the farm work, if the licensee resides on a farm or is employed for compensation on a farm in this state. If employed, the licensee's parent or guardian must provide consent pursuant to subsection 2.

(6) For the purpose of refueling the motor vehicle being operated.

5.Restrictions. Unless accompanied and supervised in accordance with section 321.180B, subsection 1, a licensee shall not do any of the following:

a. Operate the motor vehicle except during the hour before and after the beginning and end of the licensee's duly scheduled courses of instruction, extracurricular activities, work shift, farm work, or farm-related work, as applicable.

b. Transport more than one unrelated minor passenger in the motor vehicle when the licensee is operating the motor vehicle. For purposes of this paragraph, "unrelated minor passenger" means a passenger who is under eighteen years of age and who is not a sibling of the driver, a stepsibling of the driver, or a child who resides in the same household as the driver.

c. Operate the motor vehicle on a highway except as authorized under subsection 4, paragraph "b".

d. Use an electronic communication device or an electronic entertainment device while operating a motor vehicle unless the motor vehicle is at a complete stop off the traveled portion of the roadway. This paragraph does not apply to the use of electronic equipment which is permanently installed in the motor vehicle or to a portable device which is operated through permanently installed equipment. The department, in cooperation with the department of public safety, shall establish educational programs to foster compliance with the requirements of this paragraph.

e. Operate a motor vehicle to the licensee's place of employment or location for farm work or farm-related work unless the licensee's parent or guardian completed a written consent form and the form is carried in the motor vehicle and available for inspection in accordance with subsection 2.

6.Certification. The department shall prescribe a certification form for purposes of meeting the requirement under subsection 1, paragraph "c". If the applicant is enrolled at a school for courses of instruction or extracurricular activities, the applicant's school shall certify that fact on the certification form, which must also include a statement that the person signing the certificate is not responsible for actions of the applicant which pertain to the use of the special minor's restricted license.

a. If the applicant attends a public school, the certification must be made by the school board, superintendent of the applicant's school, or principal, if authorized by the superintendent.

b. If the applicant attends an accredited nonpublic school, the certification must be made by the authorities in charge of the accredited nonpublic school or a duly authorized representative of the authorities.

c. If the applicant receives competent private instruction, the certification must be made by the applicant's primary instructor.

7.License sanctions.

a. A special minor's restricted license issued under this section is subject to suspension, revocation, or other sanction for the same reasons and in the same manner as suspension or revocation of any other driver's license, and as provided in this section. The department shall suspend a special minor's restricted license for three months, as follows:

(1) Upon receiving satisfactory evidence that the licensee violated the restrictions of the license or was at fault in an accident or collision.

(2) Upon receiving a record of the licensee's conviction for one violation of a law of this state or a city ordinance regulating the operation of motor vehicles on highways other than parking violations as described in section 321.210.

b. As a result of the suspension, the department shall not issue an intermediate license under section 321.180B for an additional three months to a person whose special minor's restricted license was suspended under this subsection, per violation, following the person's sixteenth birthday.

8.Citations for violation of restrictions. A person who violates the restrictions imposed under subsection 5 may be issued a citation under this section and shall not be issued a citation under section 321.193. A violation of the restrictions imposed under subsection 5 is a moving violation.

9.Definitions. As used in this section:

a. "Competent private instruction" means as defined in section 299A.1.

b. "Independent private instruction" means as defined in section 299A.1.

c. "Place of employment" means the fixed location of an employer who employs a person between the ages of fourteen and eighteen in accordance with chapter 92, as applicable, and is the only location at which the person is authorized to work for the employer unless the person is employed for purposes of farm work or farm-related work.

d. "Residence" means the place where a person resides, permanently or temporarily. A person may have up to three different residences for purposes of this section, if the person's parent or guardian provides written consent of the additional residences on a form prescribed by the department. If a licensee has two or three different residences, the licensee shall carry a copy of the written consent form required under this paragraph in the vehicle operated by a licensee pursuant to this section, and the licensee shall present the form for inspection upon request by a certified peace officer.

e. "School" means a public school or an accredited nonpublic school, and includes facilities operated by a public or accredited nonpublic school for the purposes of educational or extracurricular activities.

10.Rules. The department may adopt rules pursuant to chapter 17A to administer this section.

Iowa Code § 321.194

83 Acts, ch 49, §1, 4; 83 Acts, ch 101, §68; 84 Acts, ch 1022, §5; 84 Acts, ch 1219, §24; 89 Acts, ch 266, §2; 90 Acts, ch 1230, §40; 98 Acts, ch 1073, §9; 98 Acts, ch 1112, §8, 14, 16; 2001 Acts, ch 159, §17; 2005 Acts, ch8, §18; 2009 Acts, ch 130, § 7, 8; 2010 Acts, ch 1105, § 3; 2011 Acts, ch 38, § 15, 16; 2013 Acts, ch 80, § 2, 3; 2014 Acts, ch 1025, §1, 2; 2014 Acts, ch 1092, § 77; 2014 Acts, ch 1123, §14; 2016 Acts, ch 1098, §33; 2018 Acts, ch 1170, §5-7; 2019 Acts, ch 22, §1, 2; 2021 Acts, ch 6, §1 -4

Amended by 2024 Iowa, ch Chapter 1166,s 6, eff. 7/1/2024.

Amended by 2021 Iowa, ch 6, s 4, eff. 7/1/2021.

Amended by 2021 Iowa, ch 6, s 3, eff. 7/1/2021.

Amended by 2021 Iowa, ch 6, s 2, eff. 7/1/2021.

Amended by 2021 Iowa, ch 6, s 1, eff. 7/1/2021.

Amended by 2019 Iowa, ch 22, s 2, eff. 7/1/2019.

Amended by 2019 Iowa, ch 22, s 1, eff. 7/1/2019.

Amended by 2018 Iowa, ch 1170, s 7, eff. 7/1/2018.

Amended by 2018 Iowa, ch 1170, s 6, eff. 7/1/2018.

Amended by 2018 Iowa, ch 1170, s 5, eff. 7/1/2018.

Amended by 2016 Iowa, ch 1098, s 33, eff. 7/1/2016.

Amended by 2014 Iowa, ch 1123, s 14, eff. 7/1/2014.

Amended by 2014 Iowa, ch 1092, s 77, eff. 7/1/2014.

Amended by 2014 Iowa, ch 1025, s 2, eff. 7/1/2014.

Amended by 2014 Iowa, ch 1025, s 1, eff. 7/1/2014.

Amended by 2013 Iowa, ch 80, s 2, eff. 1/1/2014.

C31, 35, §4960-d5; C39, §5013.19; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.194; 82 Acts, ch 1248, §3
83 Acts, ch 49, §1, 4; 83 Acts, ch 101, §68; 84 Acts, ch 1022, §5; 84 Acts, ch 1219, §24; 89 Acts, ch 266, §2; 90 Acts, ch 1230, §40; 98 Acts, ch 1073, §9; 98 Acts, ch 1112, §8, 14, 16; 2001 Acts, ch 159, §17; 2005 Acts, ch 8, §18; 2009 Acts, ch 130, §7, 8; 2010 Acts, ch 1105, §3; 2011 Acts, ch 38, §15, 16

Referred to in §321.177, 321.178, 321.180B, 321.191, 321.213, 321.482A, 321A.17, 805.8A(4)(g)

For applicable scheduled fine, see §805.8A, subsection 4

Additional penalties for violations causing injury or death, see §321.482A