Current through Register Vol. 47, No. 13, December 25, 2024
(1)
Ineligibility. The
department shall not issue a temporary restricted license under Iowa Code
section
321.215
to an applicant:
a. Whose license has been
denied or canceled.
b. Whose
license has been suspended for incapability.
c. Whose license has been suspended for
noncompliance with the financial responsibility law.
d. Whose minor's school license or minor's
restricted license has been suspended or revoked.
e. Rescinded IAB 10/6/21, effective
11/10/21.
f. Whose license has been
mandatorily revoked under Iowa Code section
321.209,
subsections 1 to 4 or subsection 7, or for a second or subsequent conviction
for drag racing.
g. Whose license
is barred under Iowa Code section
321.560
unless the applicant is declared to be a habitual offender under Iowa Code
section
321.555(1)
"c" or 321.555(2).
h. Whose license has been suspended due to
receipt of a certificate of noncompliance from the child support recovery
unit.
i. Whose license has been
suspended for a charge of vehicular homicide.
j. Whose license has been suspended under
Iowa Code section
321.180B(3).
(2)
Application.
a. To obtain a temporary restricted license,
an applicant shall complete and submit Form 430100 and any supporting
documentation to the driver and identification services bureau at the address
in rule 761-615.3 (17A).
b. A temporary restricted license issued for
employment may include permission for the licensee to transport dependent
children to and from a location for child care when that activity is essential
to continuation of the licensee's employment.
(3)
Statements. A person
applying for a temporary restricted license shall submit all of the following
statements that apply to the person's situation. Each statement shall explain
the need for the license and shall list specific places and times for the
activity which can be verified by the department.
a. A statement from the applicant.
b. A statement from the applicant's employer
unless the applicant is self-employed including, when applicable, verification
that the applicant's use of a child care facility is essential to the
applicant's continued employment.
c. A statement from the health care provider
if the applicant or the applicant's dependent requires continuing health
care.
d. A statement from the
educational institution in which the applicant is enrolled.
e. A statement from the substance abuse
treatment program in which the applicant is participating.
f. A copy of the court order for community
service and a statement describing the assigned community service from the
responsible supervisor.
g. A
statement from the child care provider.
(4)
Additional requirements.
An applicant for a temporary restricted license shall also:
a. Provide a description of all motor
vehicles to be operated under the temporary restricted license.
b. File proof of financial responsibility
under Iowa Code chapter 321A, if required, for all motor vehicles to be
operated under the temporary restricted license.
c. Pay the civil penalty when required by
Iowa Code section
321J.17.
(5)
Issuance and
restrictions.
a. When the
application is approved and all requirements are met, the applicant shall be
notified by the department. The applicant shall pass the appropriate
examination for the type of vehicle to be operated under the temporary
restricted license. An Iowa resident shall also pay the reinstatement and
license fees.
b. The department
shall determine the restrictions to be imposed by the temporary restricted
license. The licensee shall apply to the department in writing with a
justification for any requested change in license restrictions.
(6)
Denial. An
applicant who has been denied a temporary restricted license or who contests
the license restrictions imposed by the department may contest the decision in
accordance with rule 761-615.38 (321).
This rule is intended to implement Iowa Code chapter 321A and
sections
252J.8,
321.177,
321.178,
321.184,
321.185,
321.186,
321.189,
321.191,
321.193,
321.194,
321.201,
321.205,
321.209,
321.210,
321.210A,
321.212,
321.213A,
321.213B,
321.215,
321.218
as amended by 2021 Iowa Acts, House File 757, section 1, 321.513, 321.560 and
321J.17.
