Bill Text: IA HSB7 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act requiring the removal of motor vehicles involved in certain accidents from the roadway, and providing a penalty.

Spectrum: Committee Bill

Status: (N/A - Dead) 2018-05-03 - NOBA: House Sub [HSB7 Detail]

Download: Iowa-2017-HSB7-Introduced.html
House Study Bill 7 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON CARLSON) A BILL FOR An Act requiring the removal of motor vehicles involved in 1 certain accidents from the roadway, and providing a penalty. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1588YC (1) 87 ns/nh
H.F. _____ Section 1. Section 321.262, Code 2017, is amended to read 1 as follows: 2 321.262 Leaving scene of traffic accident prohibited —— 3 vehicle damage only —— removal of vehicles . 4 1. a. The driver of any vehicle involved in an accident 5 resulting only in damage to a vehicle which is driven or 6 attended by any person shall immediately stop such remove the 7 driver’s vehicle at the scene of such accident or as close 8 thereto as possible but shall forthwith return to and in every 9 event from the traveled portion of the roadway if the vehicle 10 is operable and the removal can be achieved in a safe manner. 11 The driver shall remove the vehicle to the shoulder, emergency 12 lane, or median nearest to the scene of the accident such that 13 the vehicle is completely off the traveled portion of the 14 roadway, and shall then stop the vehicle. The driver shall 15 remove the vehicle without obstructing traffic more than is 16 necessary. 17 b. Another person at the scene of the accident may remove 18 a vehicle involved in the accident in accordance with this 19 subsection to reduce the risk of a subsequent accident or to 20 ensure the safety of persons at the scene of the accident. 21 2. The driver shall remain at the scene of such the accident 22 until the driver has fulfilled the requirements of section 23 321.263 . Every such stop shall be made without obstructing 24 traffic more than is necessary. Any person failing to stop or 25 comply with said remain at the scene of the accident or fulfill 26 the requirements of section 321.263 under such circumstances 27 shall be guilty of a misdemeanor and punished as provided in 28 section 321.482 . 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 Current law requires the driver of a vehicle involved in an 33 accident resulting only in damage to a vehicle to immediately 34 stop the vehicle at the scene of the accident and to remain 35 -1- LSB 1588YC (1) 87 ns/nh 1/ 2
H.F. _____ at the scene of the accident until the driver has fulfilled 1 the requirements of Code section 321.263, which relates to the 2 exchange of personal information. A driver who fails to comply 3 with these requirements is guilty of a simple misdemeanor 4 punishable by up to 30 days in prison and a fine of at least $65 5 but not to exceed $625. 6 This bill requires the driver to first remove the driver’s 7 vehicle from the traveled portion of the roadway if the 8 vehicle is operable and the removal can be achieved in a safe 9 manner. The bill requires the driver to remove the vehicle to 10 the shoulder, emergency lane, or median nearest to the scene 11 of the accident such that the vehicle is completely off the 12 traveled portion of the roadway. In addition, the bill allows 13 another person at the scene of the accident to remove a vehicle 14 involved in the accident from the roadway to reduce the risk of 15 a subsequent accident or to ensure the safety of persons at the 16 scene of the accident. 17 Under the bill, a driver who fails to remain at the scene 18 of the accident or fulfill the requirements of Code section 19 321.263 is guilty of a simple misdemeanor. However, a driver 20 who fails to remove the driver’s vehicle from the traveled 21 portion of the roadway, but remains at the scene of the 22 accident and fulfills the requirements of Code section 321.263, 23 is not guilty of a simple misdemeanor. 24 -2- LSB 1588YC (1) 87 ns/nh 2/ 2
feedback