Bill Text: IA SF157 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A bill for an act relating to the operation of bicycles on a highway and to motorists overtaking and passing a bicycle, implement of husbandry, or slow-moving vehicle on a highway, and making penalties applicable.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF157 Detail]

Download: Iowa-2013-SF157-Introduced.html
Senate File 157 - Introduced SENATE FILE 157 BY BOLKCOM , DOTZLER , DVORSKY , and McCOY A BILL FOR An Act relating to the operation of bicycles on a highway and 1 to motorists overtaking and passing a bicycle, implement of 2 husbandry, or slow-moving vehicle on a highway, and making 3 penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1835XS (4) 85 dea/nh
S.F. 157 Section 1. Section 321.299, subsection 1, Code 2013, is 1 amended to read as follows: 2 1. a. The driver of a vehicle overtaking another vehicle 3 proceeding in the same direction shall pass to the left of the 4 other vehicle at a safe distance and shall not again drive 5 to the right side of the roadway until safely clear of the 6 overtaken vehicle. 7 b. The driver of a vehicle overtaking a bicycle proceeding 8 in the same direction shall use an adjacent travel lane to the 9 left of the lane in which the bicycle is traveling to pass and 10 shall maintain a distance of not less than three feet between 11 the right side of the driver’s vehicle, including all mirrors 12 and other projections, and the left side of the bicycle. This 13 paragraph does not apply to persons driving an implement of 14 husbandry. 15 Sec. 2. Section 321.304, Code 2013, is amended to read as 16 follows: 17 321.304 Prohibited passing. 18 1. No vehicle shall, in overtaking and passing another 19 vehicle or at any other time, be driven to the left side of the 20 roadway under the following conditions: 21 1. a. When approaching the crest of a grade or upon a curve 22 in the highway where the driver’s view along the highway is 23 obstructed for a distance of approximately seven hundred feet. 24 2. b. When approaching within one hundred feet of any 25 narrow bridge, viaduct, or tunnel, when so signposted, or 26 when approaching within one hundred feet of or traversing any 27 intersection or railroad grade crossing. 28 3. c. Where official signs are in place directing that 29 traffic keep to the right or a distinctive center line or 30 off-center line is marked, which distinctive line also so 31 directs traffic as declared in the sign manual adopted by the 32 department of transportation. 33 2. Subsection 1 does not apply to a vehicle passing a 34 bicyclist or implement of husbandry, or passing a slow-moving 35 -1- LSB 1835XS (4) 85 dea/nh 1/ 4
S.F. 157 vehicle displaying a reflective device or alternative 1 reflective device as provided by section 321.383, when the 2 movement can be made safely and without interfering with, 3 impeding, or endangering other traffic. 4 Sec. 3. Section 321.385A, Code 2013, is amended to read as 5 follows: 6 321.385A Citation for unlighted headlamp, rear lamp or 7 reflector , or rear registration plate light. 8 1. a. A citation issued for failure to have one or more 9 headlamps as required under section 321.385 or 321.397 shall 10 first provide for a seventy-two hour period within which the 11 person charged with the violation shall replace or repair the 12 headlamp. 13 b. A citation issued for failure to have rear lamps as 14 required under section 321.387 , a rear lamp or reflector as 15 required under section 321.397, or a rear registration plate 16 light as required under section 321.388 shall first provide 17 for a seventy-two hour period within which the person charged 18 with the violation shall replace or repair the lamps lamp, 19 reflector, or light. 20 2. If the person complies with the directive to replace 21 or repair the headlamp, rear lamps lamp, reflector , or rear 22 registration plate light within the allotted time period, 23 the citation shall be expunged. If the person fails to 24 comply within the allotted time period, the citation shall be 25 processed in the same manner as other citations. 26 3. A citation issued under this section shall include a 27 written notice of replacement or repair which shall indicate 28 the date of replacement or repair and the manner in which the 29 replacement or repair occurred and which shall be returned to 30 the issuing authority within the seventy-two hour time period. 31 Sec. 4. Section 805.8A, subsection 6, paragraph i, Code 32 2013, is amended to read as follows: 33 i. Section 321.304, subsections 1 34 and 2 subsection 1, paragraphs “a” and 35 -2- LSB 1835XS (4) 85 dea/nh 2/ 4
S.F. 157 “b” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100. 1 Sec. 5. Section 805.8A, subsection 8, paragraph d, Code 2 2013, is amended to read as follows: 3 d. Section 321.304, subsection 3 1, 4 paragraph “c” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100. 5 EXPLANATION 6 This bill contains provisions relating to bicycles ridden 7 on a highway and to vehicles passing bicycles and certain slow 8 vehicles. 9 The bill amends Code section 321.299 to require the driver 10 of a vehicle overtaking a bicycle proceeding in the same 11 direction to use an adjacent travel lane to the left of the 12 bicyclist to pass and to maintain a distance of not less than 13 three feet between the right side of the driver’s vehicle, 14 including all mirrors and other projections, and the left side 15 of the bicyclist. The requirement does not apply to a person 16 driving an implement of husbandry. Pursuant to current law, 17 a violation of Code section 321.299 is a simple misdemeanor 18 punishable by a scheduled fine of $100. In addition, if the 19 violation causes serious injury to another person, the court 20 may impose an additional fine of $500 or driver’s license 21 suspension for up to 90 days, or both. If the violation 22 results in an accident causing a death, the court may impose an 23 additional fine of $1,000 or driver’s license suspension for 24 up to 180 days, or both. 25 Code section 321.304 currently prohibits the driver of 26 a vehicle from overtaking and passing another vehicle or 27 otherwise driving on the left side of the roadway under the 28 following conditions: when approaching the crest of a grade 29 or on a curve where the driver’s view is obstructed for a 30 distance of approximately 700 feet; when approaching within 100 31 feet of a sign-posted narrow bridge, viaduct, or tunnel; when 32 approaching within 100 feet of or traversing an intersection 33 or railroad grade crossing; and where official signs or 34 line-markings direct that traffic keep to the right. The bill 35 -3- LSB 1835XS (4) 85 dea/nh 3/ 4
S.F. 157 provides an exception to the limitations on driving on the 1 left side of the roadway for a vehicle passing a bicyclist 2 or implement of husbandry, or passing a slow-moving vehicle 3 displaying a proper reflective device, when the movement 4 can be made safely and without interfering with, impeding, 5 or endangering other traffic. Pursuant to current law, a 6 violation of Code section 321.304 is a simple misdemeanor 7 punishable by a scheduled fine of $100. In addition, if the 8 violation causes serious injury to another person, the court 9 may impose an additional fine of $500 or driver’s license 10 suspension for up to 90 days, or both. If the violation 11 results in an accident causing a death, the court may impose an 12 additional fine of $1,000 or driver’s license suspension for 13 up to 180 days, or both. 14 Under current law, when a citation is issued to the driver 15 of a vehicle for failure to have headlamps, rear lamps, or a 16 rear registration plate light, the citation includes a notice 17 of replacement or repair to be completed and returned to the 18 issuing authority within 72 hours. If the person complies 19 with the directive within 72 hours, the citation is expunged. 20 The bill amends Code section 321.385A to provide that if a 21 person is issued a citation for failure to have a bicycle 22 headlamp, rear light, or rear reflector, the person shall 23 receive the same type of citation providing a 72-hour period 24 within which to make the required replacement or repair and 25 have the citation expunged. The penalty for violation of 26 bicycle lighting requirements is not changed under the bill. A 27 violation is currently punishable by a scheduled fine of $25. 28 -4- LSB 1835XS (4) 85 dea/nh 4/ 4
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