Iowa Admin. Code r. 761-620.3 - Issuance of temporary restricted license
(1)
Application. An application for a temporary restricted license
may be submitted, at any time before or during the revocation period, by
completing Form 430400. The application form should be furnished by the
arresting officer. It may also be obtained upon oral or written request to the
motor vehicle division in person or by mail at the address in rule
761-620.2 (307,321J) or online at
www.iowadot.gov/mvd/driverslicense/suspensions-and-revocations.
(2)
Additional requirements.
A person applying for a temporary restricted license will comply with all of
the following requirements:
a. Submit proof
of financial responsibility under Iowa Code chapter 321A for all motor vehicles
owned or operated under the temporary restricted license.
b. Provide certification of installation of
an approved ignition interlock device on each vehicle required pursuant to Iowa
Code section 321J.20(2).
c. Pay the
$200 civil penalty.
d. Pay the
applicable reinstatement and license fees.
e. Pass the appropriate examination for the
type of vehicle to be operated under the temporary restricted
license.
(3)
Medical certification and waiver.
a. Upon certification from a medical doctor
provided to the department on Form 430034, the minimum breath sampling size on
an ignition interlock device may be lowered by the ignition interlock device
provider to a level permissible under the National Highway Traffic Safety
Administration's Model Specifications for Breath Alcohol Ignition Interlock
Devices (BAIIDs) as published in the Federal Register, Vol. 78, May 8, 2013,
pages 26849 - 26867.
b. Upon
certification from a medical doctor provided to the department on Form 430034,
the requirement to install an ignition interlock device as a condition of a
temporary restricted license may be waived by the department if the applicant
has a verifiable medical condition rendering the applicant incapable of
providing a deep lung breath sample necessary for analysis by an ignition
interlock device at either the standard level or lower level specified in the
BAIIDs.
c. A temporary restricted
license issued to a person with a medical wavier is subject to the restrictions
identified in Iowa Code section 321J.20A(3) and must comply with rule
761-615.45 (321).
(4)
Restrictions. Upon receipt and approval of an application, the
department will determine the restrictions to be imposed by the temporary
restricted license. The licensee is to apply to the department in writing with
a justification for any requested change in license restrictions.
(5)
Denial. A person who has
been denied a temporary restricted license or who contests the restrictions
imposed by the department may contest the decision at any time in accordance
with rule 761-620.5 (17A,307,321J).
Notes
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(1) Eligibility and application.
a. The department may issue a temporary restricted license to a person who is eligible under and for the purposes listed in Iowa Code chapter 321J. The department shall not issue a temporary restricted license to a person who is otherwise ineligible.
b. To apply for a temporary restricted license, an applicant shall, at any time before or during the revocation period, submit application Form 430400 to the motor vehicle division. The application form should be furnished by the arresting officer. It may also be obtained upon oral or written request to the motor vehicle division.
(2) Additional requirements. A person applying for a temporary restricted license shall also comply with all of the following requirements:
a. Provide a description of all motor vehicles operated under the temporary restricted license if the person has no previous operating while intoxicated conviction or revocation. If the person has a second or subsequent operating while intoxicated conviction or revocation, the person shall provide a description of all motor vehicles owned by such person or operated under the temporary restricted license.
b. Submit proof of financial responsibility under Iowa Code chapter 321A for all motor vehicles owned or operated under the temporary restricted license.
c. Provide certification of installation of an approved ignition interlock device on every motor vehicle operated if the person has no previous operating while intoxicated conviction or revocation. If the person has a second or subsequent operating while intoxicated conviction or revocation, the person shall provide certification of installation of an approved ignition interlock device on every motor vehicle owned by such person or operated under the temporary restricted license.
d. Pay the $200 civil penalty.
(3) Issuance and restrictions.
a. The department shall not issue the temporary restricted license until the application is approved, all requirements are met, the applicable reinstatement and license fees have been paid, and the applicant has passed the appropriate examination for the type of vehicle to be operated under the temporary restricted license.
b. The department shall determine the restrictions to be imposed by the temporary restricted license. The licensee shall apply to the department in writing with a justification for any requested change in license restrictions.
(4) Denial. A person who has been denied a temporary restricted license or who contests the restrictions imposed by the department may request an informal settlement conference by submitting a written request to the director of the motor vehicle division. Following an unsuccessful informal settlement or instead of that procedure, the person may request a contested case hearing in accordance with rule 761-620.4 (321J).