Iowa Admin. Code r. 761-601.1 - Application for license
(1)
General. In addition to the information required under Iowa
Code sections 321.182 and
321.196, the information in this
rule is required from an applicant for a driver's license. Additional
requirements for a commercial driver's license are found in 761-Chapter
607.
(2)
Name. The
applicant's full legal name shall be given on the application. Full legal name
means an individual's first name, middle name(s), and last name, without use of
initials or nicknames. Civilian and military titles, initials and nicknames
shall not be given and shall not be used on the applicant's license or in the
applicant's record. This prohibition on the use of initials does not apply
where a portion of an individual's legal name, whether first, middle or last,
consists of a single character, whether followed by a period or not.
(3)
Out-of-state
verification. Upon application for a driver's license, the department
shall ascertain whether the applicant has ever held, or is the holder of, a
driver's license issued by any other state.
a. The department shall not issue a driver's
license to the applicant if:
(1) The
applicant has held a driver's license issued by any other state, but the
driver's license has been suspended by reason, in whole or part, of a violation
and if such suspension period has not terminated.
(2) The applicant has held a driver's license
issued by any other state, but the driver's license has been revoked by reason,
in whole or part, of a violation and if such revocation has not terminated,
except that after the expiration of one year from the date the license was
revoked, the applicant may make application for a new license if permitted by
law. The department may refuse to issue a license to any such applicant if,
after investigation, the department determines that it will not be safe to
grant such applicant the privilege of driving a motor vehicle on the
highways.
(3) The applicant is the
holder of a driver's license issued by another state and currently in force,
unless the applicant surrenders such license.
b. If the applicant is subject to
subparagraph 601.1(3) "a" (2) or has committed an offense or
acted in a manner in another state which in Iowa would be grounds for
revocation and it has been more than one year from the date the license or
driving privilege was revoked, the department may issue the applicant a
driver's license only upon such terms and conditions and subject to such
restrictions or limitations as if the violation had been committed and the
revocation imposed in Iowa. The department shall delay licensing or restrict
licensing for such period of time that the applicant would be ineligible for a
driving privilege or subject to a restricted driving privilege if the violation
had been committed and the revocation imposed in Iowa.
(1) For purposes of determining whether it is
safe to grant the applicant a driving privilege, an applicant may be determined
to be safe only if the department determines all of the following:
1. The applicant has satisfied the same
requirements for the grant of a driving privilege if the violation had been
committed and the revocation imposed in Iowa.
2. The applicant is otherwise physically and
mentally capable of safely operating a motor vehicle.
(2) However, the department shall not assess
a civil penalty to the applicant as a condition of licensing under this
subrule.
(3) Pursuant to Iowa Code
section 321.13, the department may make
further investigation or require further information necessary to determine
whether it is safe to grant the applicant a driving privilege.
c. If the applicant is licensed in
another state but does not have a current out-of-state license to surrender,
the department may require verification of the applicant's driving record from
the state of record, which may be accomplished electronically where possible,
to assist the department in determining whether it is safe to grant the
applicant a license.
(4)
Disabilities. The applicant shall indicate and explain any
mental or physical disabilities which might affect the applicant's ability to
operate a motor vehicle safely. The department may make further inquiries of
the applicant or require further information necessary to determine whether it
is safe to grant the applicant a driving privilege, including but not limited
to requesting an examination authorized under Iowa Code section
321.186.
(5)
Physical description.
The applicant shall provide the applicant's physical description, which shall
consist of the applicant's sex, height to the nearest inch, weight to the
nearest pound, and eye color.
(6)
Address. The applicant shall provide the applicant's current
residential address and the applicant's current mailing address, if different
from the applicant's current residential address. The applicant shall not
provide as a mailing address an address for which a forwarding order with the
United States Postal Service is in place. Notwithstanding anything in subrule
601.1(6), an applicant who is a participant in the "safe at home" address
confidentiality program administered by the Iowa secretary of state may submit
a designated address issued to the applicant by the Iowa secretary of state as
the applicant's residential and mailing address.
(7)
Signature.
a. The applicant's signature shall be without
qualification and shall contain only the applicant's usual signature without
any other titles, characters or symbols.
b. The applicant's signature certifies, under
penalty of perjury and pursuant to the laws of the state of Iowa, that the
statements made and information provided in the applicant's application are
true and correct.
c. The
applicant's signature further certifies that the fee collected and the change
returned, if any, is correct and acknowledges that the applicant is aware of
the requirement to notify the department of a change in mailing address within
30 days of the change.
Notes
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