Iowa Code 321.198 – Military service exception
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1. a. The effective date of a valid driver‘s license issued under the laws of this state, held by any person at the time of entering the military service of the United States or of the state of Iowa, notwithstanding the expiration of the license according to its terms, is extended without fee until six months following the initial separation from active duty of the person from the military service, provided the person is not suffering from physical disabilities which impair the person’s competency as an operator, and provided further that the licensee shall furnish, upon demand of any peace officer, satisfactory evidence of the person’s military service. However, a person entitled to the benefits of this section who is charged with operating a motor vehicle without a valid driver’s license shall not be convicted if the person produces in court, within a reasonable time, a valid driver’s license previously issued to that person along with satisfactory evidence of the person’s military service as provided in this paragraph.
b. The department is authorized to renew any driver’s license falling within the provisions and limitations of paragraph “a”, without examination, upon application and payment of fee made within six months following separation from the military service.
c. For purposes of this subsection, a United States department of defense common access card issued to a person is satisfactory evidence of the person’s current military service, and a certificate of release or discharge from active duty, commonly referred to as a DD214, is satisfactory evidence of a person’s previous military service and separation from active duty. A person who produces a valid driver’s license previously issued to the person along with the person’s common access card or DD214 shall not be required to produce any additional documentation to satisfy the requirements of paragraph “a”.
Terms Used In Iowa Code 321.198
- Department: means the state department of transportation. See Iowa Code 321H.2
- 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.
- Extension: means a place of business of an authorized vehicle recycler other than the principal place of business within the county of the principal place of business. See Iowa Code 321H.2
- 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
- Operator: means a person who operates or is in actual physical control of an all-terrain vehicle. See Iowa Code 321I.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
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- United States: includes all the states. See Iowa Code 4.1
- Vehicle: means any vehicle as defined in chapter 321. See Iowa Code 321H.2
2. The provisions of this section shall also apply to the spouse and children, or ward of military personnel when such spouse, children, or ward are living with the military personnel described in subsection 1 outside of the state of Iowa and provided that such extension of license does not exceed five years.
3. A person whose period of validity of the person’s driver’s license is extended under this section may file an application in accordance with rules adopted by the department to have the person’s record of issuance of a driver’s license retained in the department’s record system during the period for which the driver’s license remains valid. If a person has had the record of issuance of the person’s driver’s license removed from the department’s records, the person shall have the person’s record of driver’s license issuance reentered by the department upon request if the request is accompanied by a letter from the applicable person’s commanding officer verifying the military service.