HF 40 (renumbered HF 569) — Summary
Overview
- Purpose: Establish mandatory, immediate driver’s license revocation for certain extreme speeding violations and outline enforcement, timing, and appeal processes. Specifically targets speeding with a detected speed of 100 mph or more.
- Status: Committee report approving the bill; renumbered as HF 569. Introduced January 14, 2025. Subsequent actions include subcommittee and committee votes and a Feb. 24, 2025 committee report approving the renumbered bill.
- Sponsor: Meggers (primary)
Key Provisions
1) Automatic and immediate revocation for extreme speeding
- A person convicted of exceeding the speed limit with a detected speed of 100 mph or more must have their driver’s license revoked.
- Revocation duration: 30 days.
- Ineligible for a temporary restricted license under Code section 321.215 during the revocation.
2) Immediate notice and temporary license mechanism
- A peace officer, acting on behalf of the Department of Transportation (DOT), may serve immediate notice of the intention to revoke and of the actual revocation for extreme speeding.
- If immediate notice is served, the officer must seize the driver’s license and issue a temporary license valid for 10 days.
- The officer must promptly send the driver’s license to the DOT along with the officer’s certificate indicating the detected excessive speed.
- This immediate notice/temporary license procedure mirrors an existing process in current law that applies to suspected operating-while-intoxicated (OWI) cases where chemical testing is refused.
3) Post-revocation licensing and reinstatement
- After revocation, the DOT is prohibited from granting a new license for one year, unless a different period is specified by law.
- A revoked individual must apply for a new license and pay applicable fees under Code section 321.191, including a $20 reinstatement fee.
4) Appeals
- A person whose license is revoked under the bill may appeal the revocation using the hearing process already provided for OWI revocation appeals (Code section 321J.13).
5) Administrative rules and technical changes
- The DOT is required to adopt administrative rules to administer the bill.
- The bill includes conforming internal Code reference changes and eliminates a conflict related to temporary restricted licenses for second- and subsequent-reckless driving offenses.
Impact and Affected Parties
- Affected individuals: Drivers convicted of speeding at 100 mph or more (detected speed), who face a 30-day license revocation and a one-year (absent other statute) prohibition on obtaining a new license.
- Law enforcement and DOT: New authority to provide immediate notice and seize licenses in extreme speeding cases; responsibility to issue temporary licenses and process revocations.
- Financial: Reinstatement fee of $20 (plus other standard new-license fees under 321.191) upon applying for a new license.
- Administrative: Requirement for DOT to create rules to implement the bill and to adjust internal references.
Procedural and Timeline Highlights
- Immediate action possible: Notice and license seizure with a 10-day temporary license if speedy notice is served.
- Revocation duration: 30 days.
- Post-revocation licensing: One-year waiting period before new license issuance.
- Appeals: Available via the OWI revocation appeal process (321J.13).
- Effective implementation: Requires DOT rulemaking and conforming code changes.
Notes
- The bill’s framework parallels the current OWI-related temporary license process, extending that mechanism to extreme-speed violations.