Iowa Senate bill would toughen rules for young drivers

Novice drivers in Iowa would operate under new restrictions when learning to drive if legislation approved Tuesday by the Iowa Senate becomes law.

Senators voted 38-11 to extend from six months to a full year the minimum time that a teenager must possess an instructional permit in order to qualify for an intermediate driver's license.

Under the current graduated driver licensing program, a person who is 16 or 17 years of age must possess an instruction permit for a minimum of six months and be accident and violation free continuously during that six-month period to qualify for an intermediate license. Senate File 184 increases the required period of possession of an instructional permit to 12 months.

Sen. Tod Bowman, D-Maquoketa, the bill's floor manager, said the change was designed to maximize safety and minimize risk for the young drivers, their passengers and other vehicle operators they encounter on the highway. He also noted that requiring one year of driving time will ensure that young drivers will have encountered all weather seasons while behind the wheel.

“This bill is going to provide some comfort to parents,” Bowman said. “Iowa was one of the first states to pass a GDL license but we've fallen behind other states that have advanced teenage driving safety laws.”

Also, under current law, an intermediate licensee may transport as many passengers as there are seatbelts in the vehicle, but there is no passenger restriction specified for a driver with a special minor's license. The bill imposes new passenger restrictions for licensees in both categories, requiring that a person with an intermediate license or a special minor's license may not operate a motor vehicle with more than one unrelated minor passenger in the vehicle.

The bill makes exceptions for passengers who are the driver's siblings. Also the passenger restriction does not apply if the novice driver is accompanied by a person licensed to drive the vehicle being operated who is the parent, guardian, or custodian of the intermediate licensee, a family member who is at least 21 years of age, an approved driver education instructor, a prospective driver education instructor who is enrolled in a qualifying practitioner preparation program, or a person at least 25 years of age with the written permission of the parent, guardian, or custodian of the intermediate licensee and who is occupying a seat beside the driver.

If approved by the House and signed by Gov. Terry Branstad, the two changes included in Senate File 184 will take effect Jan. 1, 2012.

During floor debate, senators narrowly defeated an amendment that would have allowed home-schooling parents to teach their children how to drive independent of the state's certified driver's education system.

Sen. Brad Zaun, R-Urbandale, said the issue was one of fairness for parents who are sacrificing to provide their children home instruction and who “know their kids better than anybody else.”

However, Sen. Steve Sodders, D-State Center, noted that he is a deputy sheriff but this would not allow him or other law officers to teach their own children how to drive even though one of their chief duties is providing highway law enforcement and ensuring safety.

Bowman also countered that the home-schooling exemption would establish a double standard, hurt businesses that provide driver's education services and may create problems in cases where home-schooling parents are not equipped to teach good driving skills.

“We all share the road so it's important that everybody receive uniform instruction in road safety,” Bowman said.

Zaun's amendment failed on a 24-25 vote, with Marion Sen. Swati Dandekar the only Democrat to vote for the amendment. A total of 11 GOP senators opposed the measure on final passage.

Also Tuesday, senators voted 49-0 to approve a measure that would make it a Class D felony for an inmate in a prison or jail in Iowa to have a cell phone or electronic communications device.

Senate File 124 also would make it an aggravated misdemeanor to know an offender is in possession of a contraband communications device and not inform authorities.

Sodders said electronic communications devices already are against the rules at prisons and jails, but there are no penalties for breaking those rules.

The Senate also voted 49-0 to change the way the director of the Iowa Law Enforcement Academy is selected, effective next Jan. 1.

Under Senate File 177, the academy director would be appointed by the governor instead of being a merit system position. The legislation, which now goes to the House for consideration, would establish a 13-member Academy Council made up of various law enforcement and public officials who would interview candidates and choose up to three nominees to submit to the governor. The governor could appoint a candidate or reject the council's nominees and request a new list. A gubernatorial appointee to the academy leadership post would serve a four-year term would be subject to Senate confirmation.

The current director, Penny Westfall, who has been criticized by law enforcement officers, announced last month that she planned to retire effective April. 1. Branstad accepted her decision to step down.