
Iowa Minor School License (MSL)
Many
questions have been raised about the provisions of
Iowa Code Section
321.194 governing Minor School Licenses (MSL). An MSL is very restrictive and
its use is narrowly construed to protect the public interest. The Iowa Department of
Transportation (DOT) has formulated the following general guidelines applicable to
MSLs. The guidelines do not cover every detail concerning MSLs.
What is the minimum age?
The minimum age
to be eligible for a minor school license (MSL) is 14˝.
What are the basic
requirements?
The
student must have completed an Iowa-approved course in driver education unless exempted
because of hardship as defined by Iowa
Administrative Code 761-602.26(3).
The
student must have held a valid Instruction Permit during the six-month period immediately
preceding application for the MSL.
The
student's driving history must be free of convictions for moving traffic violations,
contributive accidents and license withdrawals during the six-month period immediately
preceding application.
The student
must live one mile or more from the school of enrollment
Who approves the application?
When can the MSL be used?
Where can the student drive?
Over
the most direct and accessible route between the licensee's residence and school(s)
of enrollment and between schools of enrollment for the purposes of
attending duly scheduled courses of instruction and to and from
extracurricular activities within the school district. The student
may also drive to a service station for the purpose of refueling so long
as the service station is on the most direct and accessible route or is
the closest service station to the most direct and accessible route.
Can
the MSL be used to drive to another school district?
Use
of the MSL is limited to the school district of residence of the parent or guardian of the
student. However, it may also be used to drive to a contiguous (bordering) district
if the student is enrolled in the public school which is not the school district of
residence because of open enrollment under
Iowa Code Section
282.18, or as a result of an election by the student's district of residence to
enter into one or more sharing agreements pursuant to the procedures in
Chapter 282, Code
of Iowa.
If
a student's parents do not live together, whose residence is used for measuring the
distance from the school of enrollment? For example, if a student's mother has
primary custody and lives two blocks from the school but the father has visitation on some
school days, may the student obtain an MSL to use when staying with the father who may
live more than a mile from the school?
The
statute allows driving to and from the licensee's residence. The official residence
would seem to be with the parent who has primary custody. Anything beyond that would
be a local decision made by the school district. Advice should be given by local law
enforcement and the county attorney.
Can the MSL be used to drive to another school district for athletic
sharing agreements only?
No.
This is not authorized by
Chapter 282, Code
of Iowa.
Can the MSL
be used to drive to a private school?
Yes,
providing the private school is accredited or uses licensed practitioners as
instructors.
May
a home-schooled and dual-enrolled student get an MSL?
If
the student has completed an Iowa-approved driver's education course, the student is
eligible for an MSL for the limited purpose of driving to the district academic program or
activity that takes place a mile or more from the student's home, unless school
transportation is an option. The MSL would not be valid for driving to home school
academics or activities.
May a home-schooled student get an MSL to drive to a home-schooled
cooperative for music or art classes?
There is no
provision in law or administrative rules to allow this.
Is
there reciprocity between Iowa and any other states so that a minor who has completed
driver's education in another state may get an Iowa MSL? For example, if a
family moves from Nebraska and has a child who has completed a driver's education program
in Nebraska, must the child go through an Iowa driver's education program to obtain an
Iowa MSL?
Iowa
law requires that applicants for an Iowa MSL provide proof of satisfactory completion of
an Iowa-approved course in driver education. The law does not provide for specific
reciprocity with other states as program curriculum varies. However, in the above
example, the Iowa school district could choose to ask the Nebraska school to send
transcript information about the Nebraska driver's education course. If the Nebraska
course satisfies the program requirements of an approved Iowa driver's education course,
then the driver's education teacher and school administrator in the Iowa resident school
district could choose to issue a driver's education completion certificate. DOT
could then issue an MSL. The option to issue the certificate of completion would be
a decision of the local school district.
Is the MSL
subject to suspension or revocation?
Yes.
A conviction for a single moving traffic violation will result in a 30-day
suspension. A conviction of two or more violations will result in a revocation for
one-year. If the license is revoked, reinstatement procedures will also require
posting of proof of financial responsibility (SR22 Insurance) for two years and payment of
a $50 civil penalty in addition to a reinstatement and new license fee. A suspension
or revocation of an MSL also withdraws the Instruction Permit or any other driving
privilege.
Iowa's
Graduated Driver Licensing Law (GDL) requires that before a driver upgrades to the
Intermediate License, the immediate six-month period prior to application be free of
contributive accidents, convictions for moving traffic violations and sanctions. The
driving privilege must not be expired. If the MSL is suspended, revoked or expired,
the six-month period will start over beginning on the reinstatement date or renewal
date of the MSL. (MSL's and Instruction Permits have a sixty-day grace period for
renewal.)
Can
the MSL be suspended for reasons other than a conviction?
Yes.
The DOT may also suspend an MSL when it receives written notice from a peace officer,
parent, custodian or guardian, school superintendent, or superintendent's designee that
the student has violated the restrictions of the MSL. The MSL may also be suspended
under the remedial driver improvement provisions of Iowa's Graduated Driver Licensing Law
and suspended due to a contributive accident.
Is the MSL valid as an instruction permit when accompanied by a parent or
guardian?
Yes.
The licensee, while having the MSL in his or her immediate possession, may operate a motor
vehicle at any time when accompanied by a parent, a guardian, a member of the licensee's
immediate family (brother, sister or other relative who resides at the licensee's
residence) who is 21 years of age or by an approved driver education instructor or
prospective driver education instructor. The licensee may also operate a motor
vehicle if written permission is granted by the parent or guardian when accompanied by a
person who is 25 years of age or more. All accompanying persons must have a license
valid for the vehicle operated and must occupy a seat beside the driver.
Can
a student transport passengers when driving on an MSL?
The
statute that governs the MSL does not authorize or prohibit passengers. The DOT's
position is that passengers are allowed only if they enter the vehicle at the licensee's
home and exit the vehicle at the same destination as the driver. No stops
along the way to pickup or discharge passengers.
Can a student stop for fuel?
The
statute that governs the MSL allows the student to drive to a service
station for the purpose of refueling, provided the service station is on
the most direct and accessible route or is the closest service station
to the most direct and accessible route.
May the Minor School License be used to drive to the closest school
bus stop or public transportation service?
Yes, the MSL may be used to travel
to the closest school bus stop or public transportation service while
adhering to that most direct and accessible route from home or from the
school to that point.
Related websites:
Proprietary Driver
Education School Application Instructions
Public School
District Driver Education Program Application Instructions
ŠIowa Department of Transportation,
Motor Vehicle Division
Last Updated: July 07, 2009
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