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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