2009 Iowa Code
Title 8 - Transportation
Subtitle 2 - Vehicles
CHAPTER 321 - MOTOR VEHICLES AND LAW OF THE ROAD
321.180B - GRADUATED DRIVER'S LICENSES FOR PERSONS AGED FOURTEEN THROUGH SEVENTEEN.

        321.180B  GRADUATED DRIVER'S LICENSES FOR PERSONS AGED
      FOURTEEN THROUGH SEVENTEEN.
         Persons under age eighteen shall not be issued a license or permit
      to operate a motor vehicle except under the provisions of this
      section.  However, the department may issue restricted and special
      driver's licenses to certain minors as provided in sections 321.178
      and 321.194, and driver's licenses restricted to motorized bicycles
      as provided in section 321.189.  A license or permit shall not be
      issued under this section or section 321.178 or 321.194 without the
      consent of a parent or guardian or a person having custody of the
      applicant under chapter 232 or 600A.  An additional consent is
      required each time a license or permit is issued under this section
      or section 321.178 or 321.194.  The consent must be signed by at
      least one parent, guardian, or custodian on an affidavit form
      provided by the department.
         1.  Instruction permit.  The department may issue an
      instruction permit to an applicant between the ages of fourteen and
      eighteen years if the applicant meets the requirements of sections
      321.184 and 321.186, other than a driving demonstration, and pays the
      required fee.  An instruction permit issued under this section shall
      be valid for a period not to exceed four years from the licensee's
      birthday anniversary in the year of issuance.  A motorcycle
      instruction permit issued under this section is not renewable.
         Subject to the limitations in this subsection, an instruction
      permit entitles the permittee, while having the permit in the
      permittee's immediate possession, to operate a motor vehicle other
      than a commercial motor vehicle or as a chauffeur or a motor vehicle
      with a gross vehicle weight rating of sixteen thousand one or more
      pounds upon the highways.
         Except as otherwise provided, a permittee who is less than
      eighteen years of age and who is operating a motor vehicle must be
      accompanied by a person issued a driver's license valid for the
      vehicle operated who is the parent, guardian, or custodian of the
      permittee, member of the permittee's immediate family if the family
      member is at least twenty-one years of age, an approved driver
      education instructor, a prospective driver education instructor who
      is enrolled in a practitioner preparation program with a safety
      education program approved by the state board of education, or a
      person at least twenty-five years of age if written permission is
      granted by the parent, guardian, or custodian, and who is actually
      occupying a seat beside the driver.  A permittee shall not operate a
      motor vehicle if the number of passengers in the motor vehicle
      exceeds the number of passenger safety belts in the motor vehicle.
      If the applicant for an instruction permit holds a driver's license
      issued in this state valid for the operation of a motorized bicycle
      or a motorcycle, the instruction permit shall be valid for such
      operation without the requirement of an accompanying person.
         However, if the permittee is operating a motorcycle in accordance
      with this section, the accompanying person must be within audible and
      visual communications distance from the permittee and be accompanying
      the permittee on or in a different motor vehicle.  Only one permittee
      shall be under the immediate supervision of an accompanying qualified
      person.
         A permittee shall not be penalized for failing to have the
      instruction permit in the permittee's immediate possession if the
      permittee produces in court, within a reasonable time, an instruction
      permit issued to the permittee and valid at the time of the
      permittee's arrest or at the time the permittee was charged with
      failure to have the permit in the permittee's immediate possession.
         2.  Intermediate license.  The department may issue an
      intermediate driver's license to a person sixteen or seventeen years
      of age who possesses an instruction permit issued under subsection 1
      or a comparable instruction permit issued by another state for a
      minimum of six months immediately preceding application, and who
      presents an affidavit signed by a parent, guardian, or custodian on a
      form to be provided by the department that the permittee has
      accumulated a total of twenty hours of street or highway driving of
      which two hours were conducted after sunset and before sunrise and
      the street or highway driving was with the permittee's parent,
      guardian, custodian, instructor, a person certified by the
      department, or a person at least twenty-five years of age who had
      written permission from a parent, guardian, or custodian to accompany
      the permittee, and whose driving privileges have not been suspended,
      revoked, or barred under this chapter or chapter 321J during, and who
      has been accident and violation free continuously for, the six-month
      period immediately preceding the application for an intermediate
      license.  An applicant for an intermediate license must meet the
      requirements of section 321.186, including satisfactory completion of
      driver education as required in section 321.178, and payment of the
      required license fee before an intermediate license will be issued.
      A person issued an intermediate license must limit the number of
      passengers in the motor vehicle when the intermediate licensee is
      operating the motor vehicle to the number of passenger safety belts.

         Except as otherwise provided, a person issued an intermediate
      license under this subsection who is operating a motor vehicle
      between the hours of twelve-thirty a.m. and five a.m. must be
      accompanied by a person issued a driver's license valid for the
      vehicle operated who is the parent, guardian, or custodian of the
      permittee, a member of the permittee's immediate family if the family
      member is at least twenty-one years of age, an approved driver
      education instructor, a prospective driver education instructor who
      is enrolled in a practitioner preparation program with a safety
      education program approved by the state board of education, or a
      person at least twenty-five years of age if written permission is
      granted by the parent, guardian, or custodian, and who is actually
      occupying a seat beside the driver.  However, a licensee may operate
      a vehicle to and from school-related extracurricular activities and
      work without an accompanying driver between the hours of
      twelve-thirty a.m. and five a.m. if such licensee possesses a waiver
      on a form to be provided by the department.  An accompanying driver
      is not required between the hours of five a.m. and twelve-thirty a.m.

         3.  Remedial driver improvement action -- suspension of permit,
      intermediate license, or full license.  A person who has been
      issued an instruction permit, an intermediate license, or a full
      driver's license under this section, upon conviction of a moving
      traffic violation or involvement in a motor vehicle accident which
      occurred during the term of the instruction permit or intermediate
      license, shall be subject to remedial driver improvement action or
      suspension of the permit or current license.  A person possessing an
      instruction permit who has been convicted of a moving traffic
      violation or has been involved in an accident shall not be issued an
      intermediate license until the person has completed the remedial
      driver improvement action and has been accident and violation free
      continuously for the six-month period immediately preceding the
      application for the intermediate license.  A person possessing an
      intermediate license who has been convicted of a moving traffic
      violation or has been involved in an accident shall not be issued a
      full driver's license until the person has completed the remedial
      driver improvement action and has been accident and violation free
      continuously for the twelve-month period immediately preceding the
      application for a full driver's license.
         4.  Full driver's license.  A full driver's license may be
      issued to a person seventeen years of age who possesses an
      intermediate license issued under subsection 2 or a comparable
      intermediate license issued by another state for a minimum of twelve
      months immediately preceding application, and who presents an
      affidavit signed by a parent, guardian, or custodian on a form to be
      provided by the department that the intermediate licensee has
      accumulated a total of ten hours of street or highway driving of
      which two hours were conducted after sunset and before sunrise and
      the street or highway driving was with the licensee's parent,
      guardian, custodian, instructor, a person certified by the
      department, or a person at least twenty-five years of age who had
      written permission from a parent, guardian, or custodian to accompany
      the licensee, whose driving privileges have not been suspended,
      revoked, or barred under this chapter or chapter 321J during, and who
      has been accident and violation free continuously for, the
      twelve-month period immediately preceding the application for a full
      driver's license, and who has paid the required fee.
         5.  Class M license education requirements.  A person under
      the age of eighteen applying for an intermediate or full driver's
      license valid for the operation of a motorcycle shall be required to
      successfully complete a motorcycle education course either approved
      and established by the department of transportation or from a private
      or commercial driver education school licensed by the department of
      transportation before the class M license will be issued.  A public
      school district shall charge a student a fee which shall not exceed
      the actual cost of instruction minus moneys received by the school
      district under subsection 6.
         6.  Motorcycle rider education fund.  The motorcycle rider
      education fund is established in the office of the treasurer of
      state.  The moneys credited to the fund are appropriated to the state
      department of transportation to be used to establish new motorcycle
      rider education courses and reimburse sponsors of motorcycle rider
      education courses for the costs of providing motorcycle rider
      education courses approved and established by the department.  The
      department shall adopt rules under chapter 17A providing for the
      distribution of moneys to sponsors of motorcycle rider education
      courses based upon the cost of providing the education courses.
         7.  Rules.  The department may adopt rules pursuant to chapter
      17A to administer this section.  

         98 Acts, ch 1112, §5, 14, 16; 99 Acts, ch 13, §12, 13; 99 Acts, ch
      128, §1--3; 2006 Acts, ch 1068, §22--24; 2009 Acts, ch 130, §2--5
         Referred to in § 321.34, 321.145, 321.177, 321.178, 321.180,
      321.189, 321.194, 321.196, 321.218A, 321A.17, 805.8A(4a)
         For applicable scheduled fine, see §805.8A, subsection 4,
      paragraph a