Bill Text: IA SF2162 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to texting or using a mobile telephone while operating a commercial motor vehicle, providing penalties, and making penalties applicable. (Formerly SSB 3049.)
Sponsorship: Committee Bill
Status: (Introduced - Dead) 2018-03-14 - Withdrawn. S.J. 683. [SF2162 Detail]
Download: Iowa-2017-SF2162-Introduced.html
Senate File 2162 - Introduced SENATE FILE BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SSB 3049) (COMPANION TO HF 2196 BY COMMITTEE ON TRANSPORTATION) A BILL FOR 1 An Act relating to texting or using a mobile telephone while 2 operating a commercial motor vehicle, providing penalties, 3 and making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5318SV (3) 87 ns/rh PAG LIN 1 1 Section 1. Section 321.482A, unnumbered paragraph 1, Code 1 2 2018, is amended to read as follows: 1 3 Notwithstanding section 321.482, a person who is convicted 1 4 of operating a motor vehicle in violation of section 321.178, 1 5 subsection 2, paragraph "a", subparagraph (2), section 1 6 321.180B, subsection 6, section 321.194, subsection 2, 1 7 paragraph "b", subparagraph (2), section 321.256, 321.257, 1 8 section 321.275, subsection 4, section 321.276, 321.297, 1 9 321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306, 1 10 321.307, 321.308, section 321.309, subsection 2,orsection 1 11 321.311, 321.319, 321.320, 321.321, 321.322, 321.323, 321.324, 1 12 321.324A, 321.327, 321.329, 321.333,orsection 321.372, 1 13 subsection 3, or section 321.449B, causing serious injury to 1 14 or the death of another person may be subject to the following 1 15 penalties in addition to the penalty provided for a scheduled 1 16 violation in section 805.8A or any other penalty provided by 1 17 law: 1 18 Sec. 2. NEW SECTION. 321.449B Texting or using a mobile 1 19 telephone while operating a commercial motor vehicle. 1 20 1. a. A person subject to rules adopted by the department 1 21 pursuant to section 321.449 shall not operate a commercial 1 22 motor vehicle while engaged in texting as prohibited by 1 23 49 C.F.R. {392.80, except in an emergency or as otherwise 1 24 permitted under 49 C.F.R. {392.80. 1 25 b. A person subject to rules adopted by the department 1 26 pursuant to section 321.449 shall not operate a commercial 1 27 motor vehicle while using a hand=held mobile telephone as 1 28 prohibited by 49 C.F.R. {392.82, except in an emergency or as 1 29 otherwise permitted under 49 C.F.R. {392.82. 1 30 2. a. A person convicted of a violation of this section 1 31 is guilty of a simple misdemeanor punishable as a scheduled 1 32 violation under section 805.8A, subsection 13, paragraph "b". 1 33 b. A violation of this section shall be considered a moving 1 34 violation for the purposes of this chapter and rules adopted 1 35 pursuant to this chapter. 2 1 c. A conviction for a violation of this section shall be in 2 2 lieu of a conviction for a violation of section 321.276 if the 2 3 violations are based on the same facts and circumstances. 2 4 Sec. 3. Section 805.8A, subsection 13, paragraph b, Code 2 5 2018, is amended to read as follows: 2 6 b. For a violation under section 321.449,or321.449A, or 2 7 321.449B, the scheduled fine is fifty dollars. 2 8 EXPLANATION 2 9 The inclusion of this explanation does not constitute agreement with 2 10 the explanation's substance by the members of the general assembly. 2 11 This bill prohibits a person subject to the department of 2 12 transportation's motor carrier safety rules from operating a 2 13 commercial motor vehicle while engaged in texting or while 2 14 using a hand=held mobile telephone as prohibited by federal 2 15 regulations, except in an emergency or as otherwise permitted 2 16 under such federal regulations. 2 17 A violation of the provision is a simple misdemeanor 2 18 punishable by a scheduled fine of $50 and is considered a 2 19 moving violation. However, a conviction for a violation of the 2 20 provision shall be in lieu of a conviction for a violation of 2 21 Code section 321.276 (use of electronic communication device 2 22 while driving) if the violations are based on the same facts 2 23 and circumstances. The bill also includes a violation of Code 2 24 section 321.449B on the list of traffic offenses for which 2 25 additional penalties may be imposed if the violation causes 2 26 serious injury or death. If the violation causes a serious 2 27 injury, a court could impose an additional fine of $500 or 2 28 suspend the person's driver's license for not more than 90 2 29 days, or both. If the violation causes a death, a court could 2 30 impose an additional fine of $1,000 or suspend the person's 2 31 driver's license for not more than 180 days, or both. 2 32 Under current law, a violation of Code section 321.276 is a 2 33 simple misdemeanor punishable by a scheduled fine of $30, is 2 34 not a moving violation, and is subject to the same additional 2 35 penalties if the violation causes serious injury or death. LSB 5318SV (3) 87 ns/rh
