Iowa Admin. Code r. 761-602.26 - Minor's school license
(1)
Validity and issuance.
a. A
minor's school license is a restricted, noncommercial Class C or Class M
driver's license.
b. The license is
valid during the times and for the purposes set forth in Iowa Code section
321.194 and at any time when the
licensee is accompanied in accordance with Iowa Code section
321.180B(1).
c. The type of motor vehicle that may be
operated is controlled by the class of driver's license issued, except that
Iowa Code section 321.194 as amended by 2021 Iowa
Acts, Senate File 231, section 1, prohibits a licensee from operating a motor
vehicle with more than two axles or a motor vehicle towing another vehicle. A
Class C minor's school license is valid for operating a motorcycle only if the
license has a motorcycle endorsement. A minor's school license is valid for
operating a motorized bicycle.
d.
The license is issued for two years.
(2)
Requirements.
a. An applicant shall be at least 14 years of
age but not yet 18 and meet the requirements of Iowa Code section
321.194.
b. An applicant who attends a public school
shall submit a statement of necessity signed by the chairperson of the school
board, the superintendent of the school, or the principal of the school if
authorized by the superintendent. An applicant who attends an accredited
nonpublic school shall submit a statement of necessity signed by an authority
in charge of the accredited nonpublic school or a duly authorized
representative of the authority. The statement shall be on Form 430021. The
requirements of this paragraph apply to any applicant seeking to use the
license for the purposes set forth in Iowa Code section
321.194(2)
"a" as amended by 2021 Iowa Acts, Senate File 231, section
2.
c. An applicant shall submit
proof of successful completion of an Iowa-approved course in driver
education.
d. For a Class M minor's
school license or a motorcycle endorsement, an applicant shall also submit
proof of successful completion of an Iowa-approved course in motorcycle rider
education.
(3)
Exemption.
a. An applicant
is not required to have completed an approved driver education course if the
applicant demonstrates to the satisfaction of the department that completion of
the course would impose a hardship upon the applicant; however, the applicant
must meet all other requirements for a school license. "Hardship" means:
(1) If the applicant is 14 years old, that a
driver education course will not begin at the applicant's school(s) of
enrollment or at a public school in the applicant's district of residence
within one year following the applicant's fourteenth birthday; or
(2) If the applicant is 15 years old, that a
driver education course will not begin at the applicant's school(s) of
enrollment or at a public school in the applicant's district of residence
within six months following the applicant's fifteenth birthday; or
(3) If the applicant is between 16 and 18
years old, that a driver education course is not offered at the applicant's
school(s) of enrollment or at a public school in the applicant's district of
residence at the time the request for hardship status is submitted to the
department; or
(4) That the
applicant is a person with a disability. In this rule, "person with a
disability" means that, because of a disability or impairment, the applicant is
unable to walk in excess of 200 feet unassisted or cannot walk without causing
serious detriment or injury to the applicant's health.
b. "Demonstrates to the satisfaction of the
department" means that the department has received written proof that a
hardship exists. An applicant who attends a public school shall submit written
proof of hardship signed by the applicant's parent, custodian or guardian and
by the superintendent, the chairperson of the school board, or the principal,
if authorized by the superintendent, of the applicant's school or school
district of residence. An applicant who attends an accredited nonpublic school
shall submit written proof of hardship signed by the applicant's parent,
custodian or guardian and by either an authority in charge of the accredited
nonpublic school or a duly authorized representative of the authority, or by
the superintendent, the chairperson of the school board, or the principal, if
authorized by the superintendent, of the applicant's school district of
residence.
(4)
Multiple residences.
a. An
applicant whose parents are divorced or separated and who as a result of shared
custody maintains more than one residence may be authorized to operate a motor
vehicle from either residence during the times and for the purposes set forth
in Iowa Code section 321.194 if one of the following
applies:
(1) If the applicant attends a
public school, the statement of necessity provided to the department certifies
that a need exists to drive from each residence, that the school of enrollment
identified in the statement of necessity meets the geographic requirements for
an applicant attending a public school set forth in Iowa Code section
321.194 as determined by the
primary residence identified in the statement of necessity, and that the
secondary residence identified in the statement of necessity is either within
the school district that includes the applicant's school of enrollment or
within an Iowa school district contiguous to the applicant's school of
enrollment.
(2) If the applicant
attends an accredited nonpublic school, the statement of necessity provided to
the department certifies that a need exists to drive from each residence, that
the school of enrollment identified in the statement of necessity meets the
geographic requirements for an applicant attending an accredited nonpublic
school set forth in Iowa Code section
321.194 as determined by the
primary residence identified in the statement of necessity, and that the
secondary residence identified in the statement of necessity is no more than 50
miles driving distance from the school of enrollment.
b. The fact that either residence is less
than one mile from the applicant's school of enrollment shall not preclude
travel to and from each residence at the times and for the purposes set forth
in Iowa Code section 321.194 provided that need is
otherwise demonstrated.
c. A
minor's school license approved for travel to and from two residences for the
purposes set forth in Iowa Code section
321.194 shall not be valid for
travel directly between each residence unless the licensee is accompanied in
accordance with Iowa Code section
321.180B(1) or
unless the travel is for the purposes set forth in and subject to the
limitations of Iowa Code section
321.194(2)
"a" as amended by 2021 Iowa Acts, Senate File 231, section
2.
d. The primary residential
address listed in the statement of necessity shall appear on the face of the
license. A minor's school license approved for travel to and from two
residences shall include a "J" restriction on the face of the license, and the
secondary address listed in the statement of necessity shall be listed on the
reverse side of the license as part of the "J" restriction, with the following
notation: "Also valid to drive to and from [secondary residential address] in
compliance with 321.194."
This rule is intended to implement Iowa Code sections 321.177, 321.180B, 321.189, 321.194 as amended by 2021 Iowa Acts, Senate File 231, and 321.196.
Notes
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