2009 Iowa Code
Title 8 - Transportation
Subtitle 2 - Vehicles
CHAPTER 321 - MOTOR VEHICLES AND LAW OF THE ROAD
321.208 - COMMERCIAL DRIVER'S LICENSE DISQUALIFICATION -- REPLACEMENT DRIVER'S LICENSE -- TEMPORARY LICENSE.

        321.208  COMMERCIAL DRIVER'S LICENSE DISQUALIFICATION
      -- REPLACEMENT DRIVER'S LICENSE -- TEMPORARY LICENSE.
         1.  A person is disqualified from operating a commercial motor
      vehicle for one year upon a conviction or final administrative
      decision that the person has committed any of the following acts or
      offenses in any state or foreign jurisdiction while operating a
      commercial motor vehicle:
         a.  Operating a commercial motor vehicle with an alcohol
      concentration, as defined in section 321J.1, of 0.04 or more.
         b.  Operating a commercial motor vehicle when, as a result of
      prior violations committed while operating a commercial motor
      vehicle, the person's commercial driver's license is revoked,
      suspended, or canceled or the person is disqualified from operating a
      commercial motor vehicle.
         c.  Operating a commercial motor vehicle involved in a fatal
      accident and being convicted of manslaughter or vehicular homicide.
         2.  A person is disqualified from operating a commercial motor
      vehicle for one year upon a conviction or final administrative
      decision that the person has committed any of the following acts or
      offenses in any state or foreign jurisdiction while operating a
      commercial motor vehicle or while operating a noncommercial motor
      vehicle and holding a commercial driver's license:
         a.  Operating a motor vehicle while intoxicated, as provided
      in section 321J.2, subsection 1.
         b.  Refusal to submit to chemical testing required under
      chapter 321J.
         c.  Leaving the scene or failure to stop or render aid at the
      scene of an accident involving the person's vehicle.
         d.  A felony or aggravated misdemeanor involving the use of a
      motor vehicle other than an offense involving manufacturing,
      distributing, or dispensing a controlled substance.
         3.  A person is disqualified from operating a commercial motor
      vehicle for three years if an act or offense described in subsection
      1 or 2 occurred while the person was operating a commercial motor
      vehicle transporting hazardous material of a type or quantity
      requiring vehicle placarding.
         4.  A person is disqualified from operating a commercial motor
      vehicle for life if convicted or found to have committed two or more
      of the acts or offenses described in subsection 1 or 2 arising out of
      two or more separate incidents.  However, a disqualification for life
      is subject to a reduction to a ten-year disqualification as provided
      in 49 C.F.R. § 383.51 as adopted by rule by the department.
         5.  A person is disqualified from operating a commercial motor
      vehicle for life upon a conviction that the person used a commercial
      or noncommercial motor vehicle in the commission of a felony or
      aggravated misdemeanor involving the manufacturing, distributing, or
      dispensing of a controlled substance as defined in section 124.101
      and held a commercial driver's license at the time the offense was
      committed.
         6.  A person is disqualified from operating a commercial motor
      vehicle if the person receives convictions for committing within any
      three-year period two or more of the following offenses while
      operating a commercial motor vehicle or while operating a
      noncommercial motor vehicle and holding a commercial driver's license
      if the convictions result in the revocation, cancellation, or
      suspension of the person's commercial driver's license or
      noncommercial motor vehicle driving privileges:
         a.  Operating a commercial motor vehicle upon a highway when
      not issued a commercial driver's license.
         b.  Operating a commercial motor vehicle upon a highway when
      not issued the proper class of commercial driver's license or
      endorsements for the specific vehicle group being operated or for the
      passengers or type of cargo being transported.
         c.  Operating a commercial motor vehicle upon a highway
      without immediate possession of a driver's license valid for the
      vehicle operated.
         d.  Speeding fifteen miles per hour or more over the legal
      speed limit.
         e.  Reckless driving.
         f.  Any violation of the traffic laws, except a parking
      violation or a vehicle weight violation, which arises in connection
      with a fatal traffic accident.
         g.  Following another motor vehicle too closely.
         h.  Improper lane changes in violation of section 321.306.
         7.  The period of disqualification under subsection 6 shall be
      sixty days for two offenses within any three-year period and one
      hundred twenty days for three offenses within any three-year period.
      Multiple periods of disqualification shall be consecutive.
         8.  A person is disqualified from operating a commercial motor
      vehicle when the person's driving privilege is suspended or revoked.

         9.  A person is disqualified from operating a commercial motor
      vehicle:
         a.  For no less than one hundred eighty days and no more than
      one year upon conviction for the first violation of an out-of-service
      order; for no less than two and not more than five years upon
      conviction for a second violation of an out-of-service order in
      separate incidents within a ten-year period; and for not less than
      three and not more than five years upon conviction for a third or
      subsequent violation of an out-of-service order in separate incidents
      within a ten-year period.
         b.  For one year upon conviction for the first violation and
      for not less than three years and not more than five years upon
      conviction for a second or subsequent violation of an out-of-service
      order while transporting hazardous materials required to be
      placarded, or while operating a commercial motor vehicle designed to
      transport more than fifteen passengers including the driver.
         10.  A person is disqualified from operating a commercial motor
      vehicle if the person is convicted of a first, second, or third
      railroad crossing at grade violation as follows:
         a.  A person is disqualified from operating a commercial motor
      vehicle for sixty days if the person is convicted of a first railroad
      crossing at grade violation under section 321.341 or 321.343 and the
      violation occurred while the person was operating a commercial motor
      vehicle.
         b.  A person is disqualified from operating a commercial motor
      vehicle for one hundred twenty days if the person is convicted of a
      second railroad crossing at grade violation under section 321.341 or
      321.343, the violation occurred while the person was operating a
      commercial motor vehicle, and the violation occurred within three
      years after a first such violation.
         c.  A person is disqualified from operating a commercial motor
      vehicle for one year if the person is convicted of a third or
      subsequent railroad crossing at grade violation under section 321.341
      or 321.343, the violation occurred while the person was operating a
      commercial motor vehicle, and the violation occurred within three
      years after a first such violation.
         11.  Upon receiving a record of a person's disqualifying
      conviction, administrative decision, suspension, or revocation, the
      department shall, by rule, without preliminary hearing and upon
      thirty days' advance notice, disqualify the person from operating a
      commercial motor vehicle upon a highway.
         12. a.  A person is disqualified from operating a commercial
      motor vehicle if the person either refuses to submit to chemical
      testing required under chapter 321J or submits to chemical testing
      and the results show an alcohol concentration as defined in section
      321J.1 of 0.04 or more.  The department, upon receipt of the peace
      officer's certification, subject to penalty for perjury, that the
      peace officer had reasonable grounds to believe the person to have
      been operating a commercial motor vehicle with an alcohol
      concentration of 0.04 or more and that the person refused to submit
      to the chemical testing or submitted to chemical testing and the
      results show an alcohol concentration as defined in section 321J.1 of
      0.04 or more, shall, without preliminary hearing and upon thirty
      days' advance notice, disqualify the person from operating a
      commercial motor vehicle upon a highway.
         b.  The effective date of disqualification shall be thirty
      days after notification.  Immediate notice of disqualification may be
      served on a person operating a commercial motor vehicle who refused
      to submit to a test or whose test results indicate an alcohol
      concentration of 0.04 or more by the peace officer administering the
      chemical test or, notwithstanding chapter 17A, the department may
      notify the person by first class mail.  If immediate notice is
      served, the peace officer shall take the commercial driver's license
      or permit of the driver, if issued within the state, and issue a
      temporary commercial driver's license effective for only thirty days.
      The peace officer shall immediately send the person's commercial
      driver's license to the department in addition to the officer's
      certification required by this subsection.
         13.  Upon notice, the disqualified person shall surrender the
      person's commercial driver's license to the department and the
      department may issue a driver's license valid only to operate a
      noncommercial motor vehicle upon payment of a one dollar fee.  The
      department shall notify the commercial driver's license information
      system of the disqualification if required to do so under section
      321.204.
         14.  Notwithstanding the Iowa administrative procedure Act,
      chapter 17A, the filing of a petition for judicial review shall stay
      the disqualification pending the determination by the district court.

         15.  The department may reinstate a qualified person's privilege
      to operate a commercial motor vehicle after a period of
      disqualification and after payment of required fees.
         16.  As used in this section, the terms "acts", "actions",
      and "offenses" mean acts, actions, or offenses which occur on or
      after July 1, 1990.  

         Section History: Early Form

         [C39, § 5014.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 321.208] 

         Section History: Recent Form

         90 Acts, ch 1230, § 51; 92 Acts, ch 1175, § 24--26; 95 Acts, ch
      55, §6; 96 Acts, ch 1152, § 13; 98 Acts, ch 1073, §9; 99 Acts, ch 96,
      §33; 2000 Acts, ch 1133, §6; 2001 Acts, ch 32, §44; 2001 Acts, ch
      132, §7; 2002 Acts, ch 1063, §29; 2003 Acts, ch 44, §114; 2005 Acts,
      ch 8, §22--25; 2006 Acts, ch 1068, §28; 2008 Acts, ch 1021, §5--9;
      2009 Acts, ch 130, §9, 10
         Referred to in §321.204, 321.218, 321A.17, 321J.8, 321J.13