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A. Driver's License Issued For Travel To And From School: Upon certification of a special need by the school board, superintendent of the applicant's school, or principal, if authorized by the superintendent, the state department of transportation may issue a class C or M driver's license to a person between the ages of fourteen (14) and eighteen (18) years whose driving privileges have not been suspended, revoked, or barred under this chapter or Iowa Code chapter 321J during, and who has not been convicted of a moving traffic violation or involved in a motor vehicle accident for, the six (6) month period immediately preceding the application for the special minor's license and who has successfully completed an approved driver education course. However, the completion of a course is not required if the applicant demonstrates to the satisfaction of the department that completion of the course would impose a hardship upon the applicant. The department shall adopt rules defining the term "hardship" and establish procedures for the demonstration and determination of when completion of the course would impose a hardship upon an applicant.
1. The driver's license entitles the holder, while having the license in immediate possession, to operate a motor vehicle other than a commercial motor vehicle or as a chauffeur:
a. During the hours five o'clock (5:00) A.M. to ten o'clock (10:00) P.M. over the most direct and accessible route between the licensee's residence and schools of enrollment or the closest school bus stop or public transportation service, and between schools of enrollment, for the purpose of attending duly scheduled courses of instruction and extracurricular activities within the school district.
b. To a service station for the purpose of refueling, so long as the service station is the station closest to the route the licensee is traveling on under subsection A1a of this section.
c. At any time when the licensee is accompanied in accordance with Iowa Code section 321.180B, subsection 1.
2. Unless accompanied in accordance with Iowa Code section 321.180B, subsection 1, a person issued a driver's license pursuant to this section must limit the number of unrelated minor passengers in the motor vehicle when the licensee is operating the motor vehicle to one. For purposes of this section, "unrelated minor passenger" means a passenger who is under eighteen (18) years of age and who is not a sibling of the driver, a stepsibling of the driver, or a child who resides in the same household as the driver.
3. Each application shall be accompanied by a statement from the school board, superintendent, or principal, if authorized by the superintendent, of the applicant's school. The statement shall be upon a form provided by the state department of transportation. The school board, superintendent, or principal, if authorized by the superintendent, shall certify that a need exists for the license and that the board, superintendent, or principal authorized by the superintendent is not responsible for actions of the applicant which pertain to the use of the driver's license. Upon receipt of a statement of necessity, the department shall issue the driver's license. The fact that the applicant resides at a distance less than one mile from the applicant's school of enrollment is prima facie evidence of the nonexistence of necessity for the issuance of a license. The school board shall develop and adopt a policy establishing the criteria that shall be used by a school district administrator to approve or deny certification that a need exists for a license. The student may appeal to the school board the decision of a school district administrator to deny certification. The decision of the school board is final. The driver's license shall not be issued for purposes of attending a public school in a school district other than either of the following:
a. The district of residence of the parent or guardian of the student.
b. A district which is contiguous to the district of residence of the parent or guardian of the student, if the student is enrolled in the public school which is not the school district of residence because of open enrollment under Iowa Code section 282.18 or as a result of an election by the student's district of residence to enter into one or more sharing agreements pursuant to the procedures in Iowa Code chapter 282.
4. a. A person issued a driver's license under this section shall not use an electronic communication device or an electronic entertainment device while driving a motor vehicle unless the motor vehicle is at a complete stop off the traveled portion of the roadway. This subsection does not apply to the use of electronic equipment which is permanently installed in the motor vehicle or to a portable device which is operated through permanently installed equipment.
b. For the period beginning July 1, 2010 through June 30, 2011, peace officers shall issue only warning citations for violations of subsection A4a of this section. The state department of transportation, in cooperation with the state department of public safety, shall establish educational programs to foster compliance with the requirements of subsection A4a of this section.
B. Suspension Or Revocation Of License: A driver's license issued under this section is subject to suspension or revocation for the same reasons and in the same manner as suspension or revocation of any other driver's license. The state department of transportation may also suspend a driver's license issued under this section upon receiving satisfactory evidence that the licensee has violated the restrictions of the license or has been involved in one or more accidents chargeable to the licensee. The department may suspend a driver's license issued under this section upon receiving a record of the licensee's conviction for one violation. The department shall revoke the license upon receiving a record of conviction for two (2) or more violations of a law of this state or a city ordinance regulating the operation of motor vehicles on highways other than parking violations as defined in Iowa Code section 321.210. After a person licensed under this section receives two (2) or more convictions which require revocation of the person's license under this section, the department shall not grant an application for a new driver's license until the expiration of one year.
C. Citations For Violation Of Restrictions: A person who violates the restrictions imposed under subsection A1 or A4 of this section may be issued a citation under this section and shall not be issued a citation under Iowa Code section 321.193. A violation of the restrictions imposed under subsection A1 or A4 of this section shall not be considered a moving violation. (2008 Code § 17-194; amd. 2015 Code)