1. The director may destroy any records of the department which have been maintained on file for three years and which the director deems obsolete and of no further service in carrying out the powers and duties of the department, except as otherwise provided in this section.

Terms Used In Iowa Code 321.12

  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the state department of transportation. See Iowa Code 321H.2
  • Director: means the director of the department. See Iowa Code 321I.1
  • 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
  • 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
  • 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
 2. Operating records relating to a person who has been issued a commercial driver‘s license or commercial learner’s permit shall be maintained on file in accordance with rules adopted by the department.
 3. The following records may be destroyed according to the following requirements:

 a. Records concerning suspensions authorized under section 321.210, subsection 1, paragraph “a”, subparagraph (7), and section 321.210A may be destroyed six months after the suspension is terminated and the requirements of section 321.191 have been satisfied.
 b. Records concerning suspensions and surrender of licenses or registrations required under section 321A.31 for failing to maintain proof of financial responsibility, as defined in section 321A.1, may be destroyed six months after the requirements of sections 321.191 and 321A.29 have been satisfied.
 4. The director shall not destroy any operating records pertaining to arrests or convictions for operating while intoxicated, in violation of section 321J.2 or operating records pertaining to revocations for violations of section 321J.2A, except that a conviction or revocation under section 321J.2 or 321J.2A that is not subject to 49 C.F.R. pt. 383 shall be deleted from the operating records twelve years after the date of conviction or the effective date of revocation. Convictions or revocations that are retained in the operating records for more than twelve years under this subsection shall be considered only for purposes of disqualification actions under 49 C.F.R. pt. 383.
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