§ 321.341 — Obedience to signal indicating approach of railroad train or railroad track equipment

Iowa § 321.341

• Jurisdiction: Iowa
• Title VIII: TRANSPORTATION
• Ch. 321: MOTOR VEHICLES AND LAW OF THE ROAD

Text

motor vehicle, and the violation occurred within three years after a first such violation.
12. Upon receiving a record of a person’s disqualifying conviction, administrative
decision, suspension, or revocation, the department shall, by rule, without preliminary
155 MOTOR VEHICLES AND LAW OF THE ROAD, §321.208A
hearing and upon thirty days’ advance notice, disqualify the person from operating a
commercial motor vehicle upon a highway.
13. a. A person is disqualified from operating a commercial motor vehicle if the person
either refuses to submit to chemical testing required under chapter 321J or submits to
chemical testing and the results show an alcohol concentration as defined in section 321J.1
of 0.04 or more. The department, upon receipt of the peace officer’s certification, subject to
penalty for perjury, that the peace officer had reasonable grounds to believe the person to
have been operating a commercial motor vehicle with an alcohol concentration of 0.04 or
more and that the person refused to submit to the chemical testing or submitted to chemical
testing and the results show an alcohol concentration as defined in section 321J.1 of 0.04 or
more, shall, without preliminary hearing and upon thirty days’ advance notice, disqualify
the person from operating a commercial motor vehicle upon a highway.
b. The effective date of disqualification shall be thirty days after notification. Immediate
notice of disqualification may be served on a person operating a commercial motor vehicle
who refused to submit to a test or whose test results indicate an alcohol concentration
of 0.04 or more by the peace officer administering the chemical test or, notwithstanding
chapter 17A, the department may notify the person by first class mail. If immediate notice is
served, the peace officer shall take the commercial driver’s license or commercial learner’s
permit of the driver, if issued within the state, and issue a temporary commercial driver’s
license or commercial learner’s permit effective for only thirty days. The peace officer shall
immediately send the person’s commercial driver’s license or commercial learner’s permit
to the department in addition to the officer’s certification required by this subsection.
14. Upon notice, the disqualified person shall surrender the person’s commercial driver’s
license or commercial learner’s permit to the department and the department may issue a
driver’s license valid only to operate a noncommercial motor vehicle upon payment of the
fee for a replacement driver’s license under section 321.195. The department shall notify the
commercial driver’s license information system of the disqualification if required to do so
under section 321.204.
15. Notwithstanding the Iowa administrative procedure Act, chapter 17A, the filing of a
petition for judicial review shall stay the disqualification pending the determination by the
district court.
16. The department may reinstate a qualified person’s privilege to operate a commercial
motor vehicle after a period of disqualification and after payment of required fees.
17. As used in this section, the terms “acts”, “actions”, and “offenses” mean acts, actions,
or offenses which occur on or after July 1, 1990.

Legislative History

[C39, §5014.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.208]