Bill Text: IA HF411 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to bicycles, including motor vehicles overtaking and passing bicycles, lamps required for bicycles and bicycle riders, and clothing required for certain bicycle riders, providing penalties, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-08 - Introduced, referred to Transportation. H.J. 306. [HF411 Detail]
Download: Iowa-2021-HF411-Introduced.html
House
File
411
-
Introduced
HOUSE
FILE
411
BY
GOBBLE
A
BILL
FOR
An
Act
relating
to
bicycles,
including
motor
vehicles
1
overtaking
and
passing
bicycles,
lamps
required
for
bicycles
2
and
bicycle
riders,
and
clothing
required
for
certain
3
bicycle
riders,
providing
penalties,
and
making
penalties
4
applicable.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
321.299,
Code
2021,
is
amended
to
read
1
as
follows:
2
321.299
Overtaking
a
vehicle
or
bicycle
.
3
The
following
rules
shall
govern
the
overtaking
and
passing
4
of
vehicles
and
bicycles
proceeding
in
the
same
direction,
5
subject
to
those
limitations,
exceptions,
and
special
rules
6
hereinafter
stated:
7
1.
The
driver
of
a
vehicle
overtaking
another
vehicle
8
proceeding
in
the
same
direction
shall
pass
to
the
left
of
the
9
other
vehicle
at
a
safe
distance
and
shall
not
again
drive
10
to
the
right
side
of
the
roadway
until
safely
clear
of
the
11
overtaken
vehicle.
12
2.
Except
when
overtaking
and
passing
on
the
right
is
13
permitted,
the
driver
of
an
overtaken
vehicle
shall
give
way
14
to
the
right
in
favor
of
the
overtaking
vehicle
and
shall
not
15
increase
the
speed
of
the
overtaken
vehicle
until
completely
16
passed
by
the
overtaking
vehicle.
17
3.
The
driver
of
a
vehicle
overtaking
a
person
riding
a
18
bicycle
proceeding
in
the
same
direction
on
a
roadway
shall
19
pass
to
the
left
of
the
bicycle
in
an
adjacent
travel
lane
or
20
on
the
opposite
side
of
the
roadway
and
shall
not
again
drive
21
to
the
right
side
of
the
roadway
until
safely
clear
of
the
22
overtaken
bicycle
in
accordance
with
section
321.281.
This
23
subsection
does
not
apply
to
a
vehicle
overtaking
a
bicycle
24
which
is
traveling
on
a
paved
shoulder
or
in
a
lane
designated
25
for
the
travel
of
bicycles.
26
Sec.
2.
Section
321.304,
Code
2021,
is
amended
to
read
as
27
follows:
28
321.304
Prohibited
passing.
29
No
A
vehicle
shall
not
,
in
overtaking
and
passing
another
30
vehicle
,
a
bicycle,
or
at
any
other
time,
be
driven
to
the
left
31
side
of
the
roadway
under
the
following
conditions:
32
1.
When
approaching
the
crest
of
a
grade
or
upon
a
curve
33
in
the
highway
where
the
driver’s
view
along
the
highway
is
34
obstructed
for
a
distance
of
approximately
seven
hundred
feet.
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2.
When
approaching
within
one
hundred
feet
of
any
narrow
1
bridge,
viaduct,
or
tunnel,
when
so
signposted,
or
when
2
approaching
within
one
hundred
feet
of
or
traversing
any
3
intersection
or
railroad
grade
crossing.
4
3.
Where
official
signs
are
in
place
directing
that
traffic
5
keep
to
the
right
or
a
distinctive
center
line
or
off-center
6
line
is
marked,
which
distinctive
line
also
so
directs
traffic
7
as
declared
in
the
sign
manual
adopted
by
the
department
of
8
transportation.
This
subsection
does
not
apply
to
a
vehicle
9
overtaking
and
passing
a
bicycle,
provided
the
vehicle
complies
10
with
the
limitations
set
forth
in
section
321.303.
11
Sec.
3.
Section
321.385A,
Code
2021,
is
amended
to
read
as
12
follows:
13
321.385A
Citation
for
unlighted
headlamp,
rear
lamp,
or
rear
14
registration
plate
light
,
or
bicycle
lamp
.
15
1.
a.
A
citation
issued
for
failure
to
have
headlamps
16
as
required
under
section
321.385
shall
first
provide
for
a
17
seventy-two
hour
seventy-two-hour
period
within
which
the
18
person
charged
with
the
violation
shall
replace
or
repair
the
19
headlamp.
20
b.
A
citation
issued
for
failure
to
have
rear
lamps
as
21
required
under
section
321.387
or
a
rear
registration
plate
22
light
as
required
under
section
321.388
shall
first
provide
for
23
a
seventy-two
hour
seventy-two-hour
period
within
which
the
24
person
charged
with
the
violation
shall
replace
or
repair
the
25
lamps
or
light.
26
c.
A
citation
issued
for
failure
to
have
a
front
or
rear
27
lamp
on
a
bicycle
or
on
a
bicycle
rider
as
required
under
28
section
321.397
shall
first
provide
for
a
seventy-two-hour
29
period
within
which
the
person
charged
with
the
violation
shall
30
replace
or
repair
the
lamp.
31
2.
If
the
person
complies
with
the
directive
to
replace
32
or
repair
the
headlamp,
rear
lamps,
or
rear
registration
33
plate
light
,
or
bicycle
lamp
within
the
allotted
time
period,
34
the
citation
shall
be
expunged.
If
the
person
fails
to
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comply
within
the
allotted
time
period,
the
citation
shall
be
1
processed
in
the
same
manner
as
other
citations.
2
3.
A
citation
issued
under
this
section
shall
include
3
a
written
notice
of
replacement
or
repair
which
shall
4
indicate
the
date
of
replacement
or
repair
and
the
manner
in
5
which
the
replacement
or
repair
occurred
and
which
shall
be
6
returned
to
the
issuing
authority
within
the
seventy-two
hour
7
seventy-two-hour
time
period.
8
Sec.
4.
Section
321.397,
Code
2021,
is
amended
to
read
as
9
follows:
10
321.397
Lamps
on
bicycles
and
riders
.
11
Every
At
any
time
from
sunset
to
sunrise,
a
bicycle
shall
12
be
equipped
with
a
lamp
on
the
front
exhibiting
a
steady
13
or
flashing
white
light
,
at
the
times
specified
in
section
14
321.384
,
visible
from
a
distance
of
at
least
three
hundred
15
feet
to
the
front
,
and
every
bicycle
or
bicycle
rider
shall
16
be
equipped
with
a
lamp
on
the
rear
exhibiting
a
steady
or
17
flashing
red
light
visible
from
a
distance
of
three
hundred
18
feet
to
the
rear
;
except
that
a
red
reflector
may
be
used
in
19
lieu
of
a
rear
light
.
A
peace
officer
riding
a
police
bicycle
20
is
not
required
to
use
either
front
or
rear
lamps
if
duty
so
21
requires.
22
Sec.
5.
Section
321.423,
subsection
2,
Code
2021,
is
amended
23
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
k.
A
flashing
white
or
red
light
equipped
on
25
a
bicycle
operating
on
a
highway
pursuant
to
section
321.397
26
is
permitted.
27
Sec.
6.
Section
321.423,
subsection
7,
paragraph
a,
28
unnumbered
paragraph
1,
Code
2021,
is
amended
to
read
as
29
follows:
30
Except
as
provided
in
section
321.373,
subsection
7
,
and
31
subsection
2
,
paragraphs
“c”
,
and
“i”
,
and
“k”
of
this
section
,
32
a
flashing
white
light
shall
only
be
used
on
a
vehicle
in
the
33
following
circumstances:
34
Sec.
7.
NEW
SECTION
.
321.434A
Bicycle
riders
——
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high-visibility
or
reflective
clothing
required.
1
A
person
riding
a
bicycle
on
a
highway
with
a
speed
limit
of
2
forty-five
miles
per
hour
or
more,
other
than
for
the
purpose
3
of
crossing
the
highway
at
a
crosswalk,
shall
wear
clothing
4
and
equipment
which
together
contain
at
least
one
hundred
5
forty-four
square
inches
of
high-visibility
or
reflective
6
material
visible
to
the
rear
of
the
bicycle.
This
section
7
does
not
apply
to
a
person
riding
a
bicycle
as
part
of
an
8
organized
bicycle
riding
event
involving
five
hundred
or
more
9
bicycle
riders
at
which
one
or
more
certified
peace
officers
10
are
providing
traffic
control
and
direction.
11
Sec.
8.
Section
805.8A,
subsection
9,
Code
2021,
is
amended
12
by
adding
the
following
new
paragraph:
13
NEW
PARAGRAPH
.
l.
Section
321.434A
.
.
.
.
$
25.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
OVERTAKING
AND
PASSING.
This
bill
amends
Code
section
18
321.299
to
require
the
driver
of
a
vehicle
overtaking
a
person
19
riding
a
bicycle
proceeding
in
the
same
direction
on
a
roadway
20
to
pass
to
the
left
of
the
bicycle
in
an
adjacent
travel
lane
or
21
on
the
opposite
side
of
the
roadway,
and
prohibits
the
driver
22
from
returning
to
the
right
side
of
the
roadway
until
safely
23
clear
of
the
overtaken
bicycle
in
accordance
with
Code
section
24
321.281.
Code
section
321.281
prohibits
a
person
operating
25
a
vehicle
from
steering
the
vehicle
unreasonably
close
to
or
26
toward
a
person
riding
a
bicycle
on
a
highway.
This
provision
27
of
the
bill
does
not
apply
if
the
bicycle
is
traveling
on
28
a
paved
shoulder
or
in
a
lane
designated
for
the
travel
of
29
bicycles.
30
A
violation
of
Code
section
321.281
is
punishable
by
a
31
scheduled
fine
of
$325
and
a
violation
of
Code
section
321.299
32
is
punishable
by
a
scheduled
fine
of
$135.
However,
if
a
33
violation
of
Code
section
321.299
causes
a
serious
injury,
a
34
court
could
impose
an
additional
fine
of
$500
and
suspend
the
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person’s
driver’s
license
for
not
more
than
90
days.
If
the
1
violation
causes
a
death,
a
court
could
impose
an
additional
2
fine
of
$1,000
and
suspend
the
person’s
driver’s
license
for
3
not
more
than
180
days.
4
Under
Code
section
321.234,
a
person
riding
a
bicycle
on
the
5
highway
is
subject
to
the
provisions
of
Code
chapter
321
(motor
6
vehicles
and
law
of
the
road)
and
has
all
the
rights
and
duties
7
applicable
to
the
driver
of
a
vehicle.
The
bill
specifies
8
that
under
Code
section
321.304
a
vehicle
is
prohibited
from
9
overtaking
and
passing
a
bicycle
when
approaching
the
crest
of
10
a
grade
or
upon
a
curve
in
the
highway
where
the
driver’s
view
11
along
the
highway
is
obstructed
for
a
distance
of
approximately
12
700
feet;
when
approaching
within
100
feet
of
any
narrow
13
bridge,
viaduct,
or
tunnel;
or
when
approaching
within
100
feet
14
of
or
traversing
any
intersection
or
railroad
grade
crossing.
15
However,
the
bill
provides
that
a
vehicle
may
pass
a
bicycle
16
where
official
signs
are
in
place
directing
that
traffic
keep
17
to
the
right
or
a
distinctive
center
line
or
off-center
line
18
is
marked,
provided
the
vehicle
complies
with
the
current
19
requirements
for
overtaking
on
the
left.
20
A
violation
of
Code
section
321.304
is
punishable
by
a
21
scheduled
fine
of
$135.
However,
if
the
violation
causes
a
22
serious
injury,
a
court
could
impose
an
additional
fine
of
$500
23
and
suspend
the
person’s
driver’s
license
for
not
more
than
90
24
days.
If
the
violation
causes
a
death,
a
court
could
impose
25
an
additional
fine
of
$1,000
and
suspend
the
person’s
driver’s
26
license
for
not
more
than
180
days.
27
LAMPS.
Current
law
requires
a
bicycle
to
have
a
front
28
lighted
lamp
and
either
a
rear
lighted
lamp
or
a
rear
reflector
29
at
any
time
from
sunset
to
sunrise,
and
at
such
other
times
30
when
conditions
such
as
fog,
snow,
sleet,
or
rain
provide
31
insufficient
lighting
to
render
clearly
discernible
persons
and
32
vehicles
on
the
highway
at
a
distance
of
500
feet
ahead.
The
33
bill
instead
requires
that,
from
sunset
to
sunrise,
a
bicycle
34
must
be
equipped
with
a
lamp
on
the
front
exhibiting
a
steady
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or
flashing
white
light
visible
from
a
distance
of
at
least
300
1
feet
to
the
front,
and
every
bicycle
or
bicycle
rider
must
be
2
equipped
with
a
lamp
exhibiting
a
steady
or
flashing
red
light
3
visible
from
a
distance
of
300
feet
to
the
rear.
4
The
scheduled
fine
for
a
violation
of
this
provision
is
$35.
5
However,
the
bill
provides
that
a
citation
issued
for
failure
6
to
have
a
front
or
rear
lamp
on
a
bicycle
or
on
a
bicycle
rider
7
must
first
provide
for
a
72-hour
period
within
which
the
person
8
charged
with
the
violation
can
replace
or
repair
the
lamp.
If
9
the
person
complies
with
the
directive
to
replace
or
repair
the
10
bicycle
lamp,
the
citation
must
be
expunged.
11
CLOTHING.
The
bill
requires
a
person
riding
a
bicycle
on
a
12
highway
with
a
speed
limit
of
45
miles
per
hour
or
more,
other
13
than
for
the
purpose
of
crossing
the
highway
at
a
crosswalk,
14
to
wear
clothing
and
equipment
which
together
contain
at
least
15
144
square
inches
of
high-visibility
or
reflective
material
16
visible
to
the
rear
of
the
bicycle.
The
scheduled
fine
for
a
17
violation
of
this
provision
is
$25.
The
bill
provides
that
18
the
provision
does
not
apply
to
a
person
riding
a
bicycle
as
19
part
of
an
organized
bicycle
riding
event
involving
500
or
more
20
bicycle
riders
at
which
one
or
more
certified
peace
officers
21
are
providing
traffic
control
and
direction.
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