Bill Text: IA HSB130 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the safe operation of bicycles, and making penalties applicable.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-02-27 - Committee report, recommending amendment and passage. H.J. 473. [HSB130 Detail]
Download: Iowa-2017-HSB130-Introduced.html
House
Study
Bill
130
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
CARLSON)
A
BILL
FOR
An
Act
relating
to
the
safe
operation
of
bicycles,
and
making
1
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2446YC
(4)
87
ns/nh
H.F.
_____
Section
1.
Section
321.299,
Code
2017,
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
shall
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
2017,
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.
35
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5
H.F.
_____
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
shall
not
apply
to
a
vehicle
9
overtaking
and
passing
a
bicycle,
provided
the
vehicle
complies
10
with
section
321.303.
11
Sec.
3.
Section
321.385A,
Code
2017,
is
amended
to
read
as
12
follows:
13
321.385A
Citation
for
unlighted
headlamp,
rear
lamp,
bicycle
14
lamp,
or
rear
registration
plate
light.
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,
bicycle
lamp,
or
rear
33
registration
plate
light
within
the
allotted
time
period,
34
the
citation
shall
be
expunged.
If
the
person
fails
to
35
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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
2017,
is
amended
to
read
as
9
follows:
10
321.397
Lamps
on
bicycles.
11
Every
At
the
times
specified
in
section
321.384
and
at
any
12
time
a
bicycle
is
operated
on
a
primary
or
secondary
road,
as
13
defined
in
section
306.3,
the
bicycle
shall
be
equipped
with
a
14
lamp
on
the
front
exhibiting
a
steady
or
flashing
white
light
,
15
at
the
times
specified
in
section
321.384
,
visible
from
a
16
distance
of
at
least
three
hundred
feet
to
the
front
,
and
every
17
bicycle
or
bicycle
rider
shall
be
equipped
with
a
lamp
on
the
18
rear
exhibiting
a
steady
or
flashing
red
light
visible
from
a
19
distance
of
three
hundred
feet
to
the
rear
;
except
that
a
red
20
reflector
may
be
used
in
lieu
of
a
rear
light
.
A
peace
officer
21
riding
a
police
bicycle
is
not
required
to
use
either
front
or
22
rear
lamps
if
duty
so
requires.
23
Sec.
5.
Section
321.423,
subsection
2,
Code
2017,
is
amended
24
by
adding
the
following
new
paragraph:
25
NEW
PARAGRAPH
.
k.
A
flashing
white
or
red
light
equipped
on
26
a
bicycle
operating
on
a
highway
pursuant
to
section
321.397
27
is
permitted.
28
Sec.
6.
Section
321.423,
subsection
7,
paragraph
a,
29
unnumbered
paragraph
1,
Code
2017,
is
amended
to
read
as
30
follows:
31
Except
as
provided
in
section
321.373,
subsection
7
,
and
32
subsection
2
,
paragraphs
“c”
,
and
“i”
,
and
“k”
of
this
section
,
33
a
flashing
white
light
shall
only
be
used
on
a
vehicle
in
the
34
following
circumstances:
35
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
amends
Code
section
321.299
to
require
the
driver
4
of
a
vehicle
overtaking
a
person
riding
a
bicycle
proceeding
5
in
the
same
direction
on
a
roadway
to
pass
to
the
left
of
the
6
bicycle
in
an
adjacent
travel
lane
or
on
the
opposite
side
of
7
the
roadway,
and
prohibits
the
driver
from
returning
to
the
8
right
side
of
the
roadway
until
safely
clear
of
the
overtaken
9
bicycle
in
accordance
with
Code
section
321.281.
Code
section
10
321.281
prohibits
a
person
operating
a
vehicle
from
steering
11
the
vehicle
unreasonably
close
to
or
toward
a
person
riding
12
a
bicycle
on
a
highway.
This
provision
of
the
bill
does
not
13
apply
if
the
bicycle
is
traveling
on
a
paved
shoulder
or
in
a
14
lane
designated
for
the
travel
of
bicycles.
15
A
violation
of
Code
section
321.281
is
punishable
by
a
16
scheduled
fine
of
$250
and
a
violation
of
Code
section
321.299
17
is
punishable
by
a
scheduled
fine
of
$100.
However,
if
a
18
violation
of
Code
section
321.299
causes
a
serious
injury,
a
19
court
could
impose
an
additional
fine
of
$500
and
suspend
the
20
person’s
driver’s
license
for
not
more
than
90
days.
If
the
21
violation
causes
a
death,
a
court
could
impose
an
additional
22
fine
of
$1,000
and
suspend
the
person’s
driver’s
license
for
23
not
more
than
180
days.
24
Under
Code
section
321.234,
a
person
riding
a
bicycle
on
the
25
highway
is
subject
to
the
provisions
of
Code
chapter
321
(motor
26
vehicles
and
law
of
the
road)
and
has
all
the
rights
and
duties
27
applicable
to
the
driver
of
a
vehicle.
The
bill
specifies
28
that
under
Code
section
321.304
a
vehicle
is
prohibited
from
29
overtaking
and
passing
a
bicycle
when
approaching
the
crest
of
30
a
grade
or
upon
a
curve
in
the
highway
where
the
driver’s
view
31
along
the
highway
is
obstructed
for
a
distance
of
approximately
32
700
feet;
when
approaching
within
100
feet
of
any
narrow
33
bridge,
viaduct,
or
tunnel;
or
when
approaching
within
100
feet
34
of
or
traversing
any
intersection
or
railroad
grade
crossing.
35
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LSB
2446YC
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ns/nh
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5
H.F.
_____
However,
the
bill
provides
that
a
vehicle
may
pass
a
bicycle
1
where
official
signs
are
in
place
directing
that
traffic
keep
2
to
the
right
or
a
distinctive
center
line
or
off-center
line
3
is
marked,
provided
the
vehicle
complies
with
the
current
4
requirements
for
overtaking
on
the
left.
5
A
violation
of
Code
section
321.304
is
punishable
by
a
6
scheduled
fine
of
$100.
However,
if
the
violation
causes
a
7
serious
injury,
a
court
could
impose
an
additional
fine
of
$500
8
and
suspend
the
person’s
driver’s
license
for
not
more
than
90
9
days.
If
the
violation
causes
a
death,
a
court
could
impose
10
an
additional
fine
of
$1,000
and
suspend
the
person’s
driver’s
11
license
for
not
more
than
180
days.
12
Current
law
requires
a
bicycle
to
have
a
front
lighted
lamp
13
and
either
a
rear
lighted
lamp
or
a
rear
reflector
at
any
time
14
from
sunset
to
sunrise,
and
at
such
other
times
when
conditions
15
such
as
fog,
snow,
sleet,
or
rain
provide
insufficient
lighting
16
to
render
clearly
discernible
persons
and
vehicles
on
the
17
highway
at
a
distance
of
500
feet
ahead.
18
During
the
periods
of
time
stated
above
and
at
any
time
a
19
bicycle
is
operated
on
a
primary
or
secondary
road,
the
bill
20
instead
requires
a
bicycle
to
be
equipped
with
a
lamp
on
the
21
front
exhibiting
a
steady
or
flashing
white
light
visible
from
22
a
distance
of
at
least
300
feet
to
the
front,
and
every
bicycle
23
or
bicycle
rider
to
be
equipped
with
a
lamp
exhibiting
a
steady
24
or
flashing
red
light
visible
from
a
distance
of
300
feet
to
25
the
rear.
26
The
scheduled
fine
for
a
violation
of
this
provision
is
$25.
27
However,
the
bill
provides
that
a
citation
issued
for
failure
28
to
have
a
front
or
rear
lamp
on
a
bicycle
or
on
a
bicycle
rider
29
must
first
provide
for
a
72-hour
period
within
which
the
person
30
charged
with
the
violation
can
replace
or
repair
the
lamp.
If
31
the
person
complies
with
the
directive
to
replace
or
repair
the
32
bicycle
lamp,
the
citation
must
be
expunged.
33
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