Iowa Admin. Code r. 761-605.4 - Persons not to be licensed
(1) The
department shall not knowingly issue a license to any person who is ineligible
for licensing.
(2) The department
shall not knowingly license any person who is unable to operate a motor vehicle
safely because of physical or mental disability until that person submits a
medical report or vision report stating that the person is physically and
mentally capable of operating a vehicle safely and passes the applicable
examinations if required under 761-Chapter 604 or 607.
(3) The department shall not knowingly
license any person who has been specifically adjudged incompetent, pursuant to
Iowa Code chapter 229, on or after January 1, 1976, including anyone admitted
to a mental health facility prior to that date and not released until after,
until the department receives specific adjudication that the person is
competent. A medical report stating that the person is physically qualified to
operate a motor vehicle safely shall also be required.
(4) The department shall not knowingly
license any person who suffers from syncope of any cause, any type of periodic
or episodic loss of consciousness, or any paroxysmal disturbances of
consciousness, including but not limited to epilepsy, until that person has not
had an episode of loss of consciousness or loss of voluntary control for six
months, and then only upon receipt of a medical report favorable toward
licensing.
a. If a medical report indicates a
pattern of only syncope, the department may license without a six-month
episode-free period after favorable recommendation by the medical advisory
board.
b. If a medical report
indicates a pattern of such episodes only when the person is asleep or is
sequestered for sleep, the department may license without a six-month
episode-free period.
c. If an
episode occurs when medications are withdrawn by a qualified medical
professional, but the person is episode-free when placed back on medications,
the department may license without a six-month episode-free period with a
favorable recommendation from a neurologist.
d. If a medical report indicates the person
experienced a single nonrecurring episode, the cause has been identified, the
qualified medical professional is not treating the person for the episode or a
contributing health condition, and the qualified medical professional believes
the episode is unlikely to recur, the department may license without the
six-month episode-free period with a favorable recommendation from a qualified
medical professional. As used in this paragraph, a "single nonrecurring
episode" means an incident that is not caused by a health condition and there
is no history of prior episodes or a health condition that may cause such an
episode.
(5) The
department shall not license any person who must wear bioptic telescopic lenses
to meet the visual acuity standard required for a license.
(6) When a medical report is required, a
license shall be issued only if the report indicates that the person is
qualified to operate a motor vehicle safely. The department may submit the
report to the medical advisory board for an additional opinion.
(7) When the department receives evidence
that an Iowa licensed driver has been adjudged incompetent or is not physically
or mentally qualified to operate a motor vehicle safely, the department shall
suspend the license for incapability, as explained in rule
761-615.14 (321), or shall deny
further licensing, as explained in rule
761-615.4 (321).
(8) The department shall not knowingly issue
a license to a person who is the named individual on a certificate of
noncompliance that has been received from the child support services, until the
department receives a withdrawal of the certificate of noncompliance or unless
an application has been filed pursuant to Iowa Code section
252J.9.
This rule is intended to implement Iowa Code sections 252J.8, 252J.9, 321.13, 321.177, 321.186, 321.193, 321.210, and 321.212.
Notes
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