Iowa Code 321.178A – Driver education — teaching parent
Current as of: 2023 | Check for updates
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1.
Teaching parent.
As an alternative to the driver education requirements under section 321.178, a teaching parent may instruct a student in a driver education course that meets the requirements of this section and provide evidence that the requirements under this section have been met.
Terms Used In Iowa Code 321.178A
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the state department of transportation. See Iowa Code 321H.2
- Donor: The person who makes a gift.
- Driver: means a person who operates a motor vehicle for the transportation of railroad workers in the motor vehicle on behalf of a railroad worker transportation company, whether the person is employed by the company for wages or drives for the company as an independent contractor. See Iowa Code 327F.39
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- highway: means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular travel, except in public areas in which the boundary shall be thirty-three feet each side of the center line of the roadway. See Iowa Code 321I.1
- Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
- Person: includes any individual, firm, corporation, partnership, joint adventure, or association, and the plural as well as the singular number. See Iowa Code 321H.2
- road: include public bridges, and may be held equivalent to the words "county way" "county road" "common road" and "state road". See Iowa Code 4.1
- Vehicle: means any vehicle as defined in chapter 321. See Iowa Code 321H.2
2.
Definitions.
For purposes of this section:
a. “Approved course” means driver education curriculum approved by the department pursuant to rules adopted under chapter 17A. An approved course shall, at a minimum, meet the requirements of subsection 3 and be appropriate for teaching-parent-directed driver education and related street or highway instruction. Driver education materials that meet or exceed standards established by the department for an approved course in driver education for a public or private school shall be approved unless otherwise determined by the department. The list of approved courses shall be posted on the department’s internet site.
b. “Student” means a person between the ages of fourteen and twenty-one years who is within the custody and control of the teaching parent and who satisfies preliminary licensing requirements of the department.
c. “Teaching parent” means a parent, guardian, or legal custodian of a student who is meeting the attendance requirement of section 299.1, subsection 1; who has a valid driver’s license, other than a motorized bicycle license or a temporary restricted license, that permits unaccompanied driving; and who has maintained a clear driving record for the previous two years. For purposes of this paragraph, “clear driving record” means the individual has not been identified as a candidate for suspension or revocation of a driver’s license under the habitual violator or habitual offender provisions of the department’s regulations; is not subject to a driver’s license suspension, revocation, denial, cancellation, disqualification, or bar; and has no record of a conviction for a moving traffic violation determined to be the cause of a motor vehicle accident.
3.
Course of instruction.
a. An approved course administered by a teaching parent shall consist of but not be limited to the following:
(1) Thirty hours of street or highway driving including three hours of driving after sunset and before sunrise while accompanied by a teaching parent or a person who is qualified to provide street or highway driving instruction pursuant to section 321.178.
(2) Instruction concerning substance abuse and distracted driving.
(3) Instruction concerning railroad crossing safety.
(4) Instruction relating to becoming an organ donor under the revised uniform anatomical gift Act as provided in chapter 142C.
(5) Instruction providing an awareness about sharing the road with pedestrians, bicycles, and motorcycles.
b. The content of the course of instruction required under this subsection shall be equivalent to that required under section 321.178. However, reference and study materials, physical classroom requirements, actual classroom hours and minutes, and extra vehicle safety equipment required for instruction under section 321.178 shall not be required for the course of instruction provided under this section.
4.
Course completion and certification.
Upon application by a student for an intermediate license, the teaching parent shall provide evidence showing the student’s completion of an approved course and substantial compliance with the requirements of subsection 3 by affidavit signed by the teaching parent on a form to be provided by the department. The evidence shall include all of the following:
a. Documentation that the instructor is a teaching parent as defined in subsection 2.
b. Documentation that the teaching parent is meeting the attendance requirement of section 299.1, subsection 1.
c. The name of the approved course completed by the student.
d. An affidavit attesting to satisfactory completion of course work and street or highway driving instruction.
e. Copies of written tests completed by the student or lesser documentation as may be required by the department.
f. A statement of the number of classroom hours of instruction.
g. A log of completed street or highway driving instruction including the dates when the lessons were conducted, notes on driving activities including a list of driving deficiencies and improvements, and the duration of the driving time for each session.
5.
Intermediate license.
Any student who successfully completes an approved course as provided in this section, passes a driving test to be administered by the department, and is otherwise qualified under section 321.180B, subsection 2, shall be eligible for an intermediate license pursuant to section 321.180B. Twenty of the thirty hours of street or highway driving instruction required under subsection 3, paragraph “a”, subparagraph (1), may be used to satisfy the requirement of section 321.180B, subsection 2.
6.
Full license.
A student must comply with section 321.180B, subsection 4, to be eligible for a full driver’s license pursuant to section 321.180B.
7.
Applicability.
This section shall not be construed to require a teaching parent to apply for or seek approval of the department separate from the course completion and certification requirements of subsection 4.