A client recently asked me about his ability to get a work permit / temporary restricted license (TRL) following his convictions and subsequent barred and revoked license for OWI and Eluding convictions.
An Iowa driver’s license can be barred for many reasons, all following a specific points system published by the Iowa Department of Transportation. For certain barred licenses, a TRL is available, as long as a judge signs an order granting it. A TRL for a revoked license generally does not require a judge’s signature. And yes, a license can be both barred and revoked at the same time.
The rules for issuing a TRL are listed under Iowa Code §321.215.
One of the exceptions for issuing the TRL is if the revocation occurred pursuant to §321.209(7). As you may guess, this is the penalty for an Eluding conviction. Therefore, even with a judge’s approval, the Iowa DOT cannot issue a TRL following a revocation for Eluding.
Iowa Code §321.215:
TEMPORARY RESTRICTED LICENSE.
1. a. The department, on application, may issue a temporary
restricted license to a person whose noncommercial driver’s license
is suspended or revoked under this chapter, allowing the person to
drive to and from the person’s home and specified places at specified
times which can be verified by the department and which are required
by any of the following:
(1) The person’s full-time or part-time employment.
(2) The person’s continuing health care or the continuing health
care of another who is dependent upon the person.
(3) The person’s continuing education while enrolled in an
educational institution on a part-time or full-time basis and while
pursuing a course of study leading to a diploma, degree, or other
certification of successful educational completion.
(4) The person’s substance abuse treatment.
(5) The person’s court-ordered community service
responsibilities.
(6) The person’s appointments with the person’s parole or
probation officer.
b. However, a temporary restricted license shall not be
issued to a person whose license is revoked pursuant to a court order
issued under section 901.5, subsection 10, or under section 321.209,
subsections 1 through 5 or subsection 7; to a juvenile whose license
has been suspended or revoked pursuant to a dispositional order under
section 232.52, subsection 2, paragraph “a”, for a violation of
chapter 124 or 453B or section 126.3; to a juvenile whose license has
been suspended under section 321.213B; or to a person whose license
has been suspended pursuant to a court order under section 714.7D. A
temporary restricted license may be issued to a person whose license
is revoked under section 321.209, subsection 6, only if the person
has no previous drag racing convictions. A person holding a
temporary restricted license issued by the department under this
section shall not operate a motor vehicle for pleasure.
2. a. Upon conviction and the suspension or revocation of a
person’s noncommercial driver’s license under section 321.209,
subsection 5 or 6; section 321.210; 321.210A; or 321.513; or upon
revocation pursuant to a court order issued under section 901.5,
subsection 10; or upon the denial of issuance of a noncommercial
driver’s license under section 321.560, based solely on offenses
enumerated in section 321.555, subsection 1, paragraph “c”, or
section 321.555, subsection 2; or a juvenile, whose license has been
suspended or revoked pursuant to a dispositional order under section
232.52, subsection 2, paragraph “a”, for a violation of chapter
124 or 453B, or section 126.3; or upon suspension of a driver’s
license pursuant to a court order under section 714.7D, a person may
petition the district court having jurisdiction over the residence of
the person for a temporary restricted license to operate a motor
vehicle for the limited purpose or purposes specified in subsection
1. The petition shall include a current certified copy of the
petitioner’s official driving record issued by the department. The
application may be granted only if all of the following criteria are
satisfied:
(1) The temporary restricted license is requested only for a case
of extreme hardship or compelling circumstances where alternative
means of transportation do not exist.
(2) The license applicant has not made an application for a
temporary restricted license in any district court in the state which
was denied.
(3) The temporary restricted license is restricted to the limited
purpose or purposes specified in subsection 1 at times specified in
the license.
(4) Proof of financial responsibility is established as defined
in chapter 321A. However, such proof is not required if the driver’s
license was suspended under section 321.210A or 321.513 or revoked
pursuant to a court order issued under section 901.5, subsection 10.
b. If the district court determines that a temporary
restricted license is necessary, the court shall order the department
to issue a temporary restricted license to the applicant. The court
shall forward a record of each application for a temporary restricted
license to the department, together with the results of the
disposition of the request by the court.
3. The temporary restricted license shall be canceled upon
conviction of a moving traffic violation or upon a violation of a
term of the license. A “moving traffic violation” does not
include a parking violation as defined in section 321.210.
4. The temporary restricted license is not valid to operate a
commercial motor vehicle if a commercial driver’s license is required
for the person’s operation of the commercial motor vehicle.
Iowa Code §321.209:
MANDATORY REVOCATION.
The department, upon thirty days’ notice and without preliminary
hearing, shall revoke the license or operating privilege of an
operator upon receiving a record of the operator’s conviction for any
of the following offenses, when such conviction has become final:
1. Manslaughter resulting from the operation of a motor vehicle.
2. A felony if during the commission of the felony a motor
vehicle is used.
3. Failure to stop and render aid as required under the laws of
this state in the event of a motor vehicle accident resulting in the
death or personal injury of another.
4. Perjury or the making of a false affidavit or statement under
oath to the department under this chapter or under any other law
relating to the ownership or operation of motor vehicles.
5. Conviction, or forfeiture of bail not vacated, upon two
charges of reckless driving.
6. Conviction of drag racing.
7. Eluding or attempting to elude a law enforcement vehicle as
provided in section 321.279.
§321.279:
ELUDING OR ATTEMPTING TO ELUDE PURSUING LAW
ENFORCEMENT VEHICLE.
1. The driver of a motor vehicle commits a serious misdemeanor if
the driver willfully fails to bring the motor vehicle to a stop or
otherwise eludes or attempts to elude a marked official law
enforcement vehicle driven by a uniformed peace officer after being
given a visual and audible signal to stop. The signal given by the
peace officer shall be by flashing red light, or by flashing red and
blue lights, and siren. For purposes of this section, “peace
officer” means those officers designated under section 801.4,
subsection 11, paragraphs “a”, “b”, “c”, “f”,
“g”, and “h”.
2. The driver of a motor vehicle commits an aggravated
misdemeanor if the driver willfully fails to bring the motor vehicle
to a stop or otherwise eludes or attempts to elude a marked official
law enforcement vehicle that is driven by a uniformed peace officer
after being given a visual and audible signal as provided in this
section and in doing so exceeds the speed limit by twenty-five miles
per hour or more.
3. The driver of a motor vehicle commits a class “D” felony if
the driver willfully fails to bring the motor vehicle to a stop or
otherwise eludes or attempts to elude a marked official law
enforcement vehicle that is driven by a uniformed peace officer after
being given a visual and audible signal as provided in this section,
and in doing so exceeds the speed limit by twenty-five miles per hour
or more, and if any of the following occurs:
a. The driver is participating in a public offense, as
defined in section 702.13, that is a felony.
b. The driver is in violation of section 321J.2 or 124.401.
c. The offense results in bodily injury to a person other
than the driver.