Iowa Code 321.210 – Suspension
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1. a. The department is authorized to establish rules providing for the suspension of the license of an operator upon thirty days‘ notice and without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
(1) Is an habitually reckless or negligent driver of a motor vehicle.
(2) Is an habitual violator of the traffic laws.
(3) Is physically or mentally incapable of safely operating a motor vehicle.
(4) Has permitted an unlawful or fraudulent use of the license.
(5) Has committed an offense or acted in a manner in another state or foreign jurisdiction which in this state would be grounds for suspension or revocation.
(6) Has committed a serious violation of the motor vehicle laws of this state.
(7) Is subject to a license suspension under section 321.513.
b. Prior to a suspension taking effect under paragraph “a”, subparagraphs (1), (2), (3), (4), (5), or (6), the licensee shall have received thirty days’ advance notice of the effective date of the suspension. Notwithstanding the terms of the Iowa administrative procedure Act, chapter 17A, the filing of a petition for judicial review shall, except for suspensions under paragraph “a”, subparagraph (3), operate to stay the suspension pending the determination by the district court.
Terms Used In Iowa Code 321.210
- Child: includes child by adoption. See Iowa Code 4.1
- Days: means calendar days. See Iowa Code 322G.2
- 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.
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Motor vehicle: means a self-propelled vehicle purchased or leased in this state, except as provided in section 322G. See Iowa Code 322G.2
- Operate: means to ride in or on, other than as a passenger, use, or control the operation of an all-terrain vehicle in any manner, whether or not the all-terrain vehicle is moving. See Iowa Code 321I.1
- Operator: means a person who operates or is in actual physical control of an all-terrain vehicle. See Iowa Code 321I.1
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- 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
- Vehicle: means any vehicle as defined in chapter 321. See Iowa Code 321H.2
2. In determining suspension the department shall not consider the following:
a. Violation of motor vehicle equipment standards if repairs are made within seventy-two hours of the violation and satisfactory evidence of repair is immediately sent to the department.
b. Violations of requirements to install and use safety belts, safety harnesses, and child restraint devices under sections 321.445 and 321.446.
c. Parking violations, meaning violation of a local authority parking ordinance or violation of sections 321L.4, 321.366, subsection 1, paragraph “f”, and sections 321.354 through 321.361 except section 321.354, subsection 1, paragraph “a”.
d. The first two speeding violations within any twelve-month period of ten miles per hour or less over the legal speed limit in speed zones having a legal speed limit between thirty-four miles per hour and fifty-six miles per hour.
e. Violations of section 321.276.