Bill Text: IA SF265 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the safe operation of bicycles, and making penalties applicable. (See SF 450.)
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2017-02-16 - Subcommittee: Anderson, Bisignano, and Kraayenbrink. S.J. 351. [SF265 Detail]
Download: Iowa-2017-SF265-Introduced.html
Senate File 265 - Introduced SENATE FILE BY BOLKCOM, DOTZLER, DVORSKY, HORN, HART, JOCHUM, McCOY, MATHIS, and HOGG A BILL FOR 1 An Act relating to the safe operation of bicycles, and making 2 penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2095XS (2) 87 ns/nh PAG LIN 1 1 Section 1. Section 321.299, Code 2017, is amended to read 1 2 as follows: 1 3 321.299 Overtaking a vehicle or bicycle. 1 4 The following rules shall govern the overtaking and passing 1 5 of vehicles and bicycles proceeding in the same direction, 1 6 subject to those limitations, exceptions, and special rules 1 7 hereinafter stated: 1 8 1. The driver of a vehicle overtaking another vehicle 1 9 proceeding in the same direction shall pass to the left of the 1 10 other vehicle at a safe distance and shall not again drive 1 11 to the right side of the roadway until safely clear of the 1 12 overtaken vehicle. 1 13 2. Except when overtaking and passing on the right is 1 14 permitted, the driver of an overtaken vehicle shall give way 1 15 to the right in favor of the overtaking vehicle and shall not 1 16 increase the speed of the overtaken vehicle until completely 1 17 passed by the overtaking vehicle. 1 18 3. The driver of a vehicle overtaking a person riding a 1 19 bicycle proceeding in the same direction on a roadway shall 1 20 pass to the left of the bicycle in an adjacent travel lane or 1 21 on the opposite side of the roadway and shall not again drive 1 22 to the right side of the roadway until safely clear of the 1 23 overtaken bicycle in accordance with section 321.281. This 1 24 subsection shall not apply to a vehicle overtaking a bicycle 1 25 which is traveling on a paved shoulder or in a lane designated 1 26 for the travel of bicycles. 1 27 Sec. 2. Section 321.304, Code 2017, is amended to read as 1 28 follows: 1 29 321.304 Prohibited passing. 1 30NoA vehicle shall not, in overtaking and passing another 1 31 vehicle, a bicycle, or at any other time, be driven to the left 1 32 side of the roadway under the following conditions: 1 33 1. When approaching the crest of a grade or upon a curve 1 34 in the highway where the driver's view along the highway is 1 35 obstructed for a distance of approximately seven hundred feet. 2 1 2. When approaching within one hundred feet of any narrow 2 2 bridge, viaduct, or tunnel, when so signposted, or when 2 3 approaching within one hundred feet of or traversing any 2 4 intersection or railroad grade crossing. 2 5 3. Where official signs are in place directing that traffic 2 6 keep to the right or a distinctive center line or off=center 2 7 line is marked, which distinctive line also so directs traffic 2 8 as declared in the sign manual adopted by the department of 2 9 transportation. This subsection shall not apply to a vehicle 2 10 overtaking and passing a bicycle, provided the vehicle complies 2 11 with section 321.303. 2 12 Sec. 3. Section 321.385A, Code 2017, is amended to read as 2 13 follows: 2 14 321.385A Citation for unlighted headlamp, rear lamp, bicycle 2 15 lamp or reflector, or rear registration plate light. 2 16 1. a. A citation issued for failure to have headlamps 2 17 as required under section 321.385 shall first provide for a 2 18seventy=two hourseventy=two=hour period within which the 2 19 person charged with the violation shall replace or repair the 2 20 headlamp. 2 21 b. A citation issued for failure to have rear lamps as 2 22 required under section 321.387 or a rear registration plate 2 23 light as required under section 321.388 shall first provide for 2 24 aseventy=two hourseventy=two=hour period within which the 2 25 person charged with the violation shall replace or repair the 2 26 lamps or light. 2 27 c. A citation issued for failure to have a front lamp, rear 2 28 lamp, or rear reflector on a bicycle or on a bicycle rider 2 29 as required under section 321.397 shall first provide for a 2 30 seventy=two=hour period within which the person charged with 2 31 the violation shall replace or repair the lamp or reflector. 2 32 2. If the person complies with the directive to replace or 2 33 repair the headlamp, rear lamps, bicycle lamp or reflector, 2 34 or rear registration plate light within the allotted time 2 35 period, the citation shall be expunged. If the person fails to 3 1 comply within the allotted time period, the citation shall be 3 2 processed in the same manner as other citations. 3 3 3. A citation issued under this section shall include 3 4 a written notice of replacement or repair which shall 3 5 indicate the date of replacement or repair and the manner in 3 6 which the replacement or repair occurred and which shall be 3 7 returned to the issuing authority within theseventy=two hour 3 8seventy=two=hour time period. 3 9 Sec. 4. Section 321.397, Code 2017, is amended to read as 3 10 follows: 3 11 321.397 Lamps on bicycles. 3 12EveryAt the times specified in section 321.384, every 3 13 bicycle shall be equipped with a lamp on the front exhibiting 3 14 a steady or flashing white light, at the times specified in 3 15 section 321.384,visible from a distance of at least three 3 16 hundred feet to the front, and every bicycle or bicycle rider 3 17 shall be equipped with a lampon the rearexhibiting a steady 3 18 or flashing red light visible from a distance of three hundred 3 19 feet to the rear; except that. However, a local authority may 3 20 authorize a red reflectormayto be used in lieu of a rear light 3 21 in accordance with section 321.236, subsection 10. A peace 3 22 officer riding a police bicycle is not required to useeither3 23 front or rear lamps or a rear reflector if duty so requires. 3 24 Sec. 5. Section 321.423, subsection 2, Code 2017, is amended 3 25 by adding the following new paragraph: 3 26 NEW PARAGRAPH. k. A flashing white or red light equipped on 3 27 a bicycle operating on a highway pursuant to section 321.397 3 28 is permitted. 3 29 Sec. 6. Section 321.423, subsection 7, paragraph a, 3 30 unnumbered paragraph 1, Code 2017, is amended to read as 3 31 follows: 3 32 Except as provided in section 321.373, subsection 7, and 3 33 subsection 2, paragraphs "c",and"i", and "k" of this section, 3 34 a flashing white light shall only be used on a vehicle in the 3 35 following circumstances: 4 1 EXPLANATION 4 2 The inclusion of this explanation does not constitute agreement with 4 3 the explanation's substance by the members of the general assembly. 4 4 This bill amends Code section 321.299 to require the driver 4 5 of a vehicle overtaking a person riding a bicycle proceeding 4 6 in the same direction on a roadway to pass to the left of the 4 7 bicycle in an adjacent travel lane or on the opposite side of 4 8 the roadway, and prohibits the driver from returning to the 4 9 right side of the roadway until safely clear of the overtaken 4 10 bicycle in accordance with Code section 321.281. Code section 4 11 321.281 prohibits a person operating a vehicle from steering 4 12 the vehicle unreasonably close to or toward a person riding 4 13 a bicycle on a highway. This provision of the bill does not 4 14 apply if the bicycle is traveling on a paved shoulder or in a 4 15 lane designated for the travel of bicycles. 4 16 A violation of Code section 321.281 is punishable by a 4 17 scheduled fine of $250 and a violation of Code section 321.299 4 18 is punishable by a scheduled fine of $100. However, if a 4 19 violation of Code section 321.299 causes a serious injury, 4 20 a court could impose an additional fine of $500 or suspend 4 21 the person's driver's license for not more than 90 days, or 4 22 both. If the violation causes a death, a court could impose 4 23 an additional fine of $1,000 or suspend the person's driver's 4 24 license for not more than 180 days, or both. 4 25 Under Code section 321.234, a person riding a bicycle on the 4 26 highway is subject to the provisions of Code chapter 321 (motor 4 27 vehicles and law of the road) and has all the rights and duties 4 28 applicable to the driver of a vehicle. Under Code section 4 29 321.304, the bill specifies that a vehicle is prohibited from 4 30 overtaking and passing a bicycle when approaching the crest of 4 31 a grade or upon a curve in the highway where the driver's view 4 32 along the highway is obstructed for a distance of approximately 4 33 700 feet; when approaching within 100 feet of any narrow 4 34 bridge, viaduct, or tunnel; or when approaching within 100 feet 4 35 of or traversing any intersection or railroad grade crossing. 5 1 However, the bill provides that a vehicle may pass a bicycle 5 2 where official signs are in place directing that traffic keep 5 3 to the right or a distinctive center line or off=center line is 5 4 marked, provided the vehicle complies with current requirements 5 5 for overtaking on the left. 5 6 A violation of Code section 321.304 is punishable by a 5 7 scheduled fine of $100. However, if the violation causes a 5 8 serious injury, a court could impose an additional fine of $500 5 9 or suspend the person's driver's license for not more than 90 5 10 days, or both. If the violation causes a death, a court could 5 11 impose an additional fine of $1,000 or suspend the person's 5 12 driver's license for not more than 180 days, or both. 5 13 Current law requires a bicycle to have a front lighted lamp 5 14 and either a rear lighted lamp or a rear reflector at any time 5 15 from sunset to sunrise, and at such other times when conditions 5 16 such as fog, snow, sleet, or rain provide insufficient lighting 5 17 to render clearly discernible persons and vehicles on the 5 18 highway at a distance of 500 feet ahead. 5 19 During the periods of time stated above, the bill instead 5 20 requires a bicycle to be equipped with a lamp on the front 5 21 exhibiting a steady or flashing white light visible from a 5 22 distance of at least 300 feet to the front, and every bicycle 5 23 or bicycle rider to be equipped with a lamp exhibiting a steady 5 24 or flashing red light visible from a distance of 300 feet to 5 25 the rear. However, the bill provides that a local authority 5 26 may authorize a red reflector to be used in lieu of a rear 5 27 light. 5 28 The scheduled fine for a violation of this provision is 5 29 $25. However, the bill provides that a citation issued for 5 30 failure to have a front lamp, rear lamp, or rear reflector on a 5 31 bicycle or on a bicycle rider must first provide for a 72=hour 5 32 period within which the person charged with the violation 5 33 shall replace or repair the lamp or reflector. If the person 5 34 complies with the directive to replace or repair the bicycle 5 35 lamp or reflector, the citation must be expunged. LSB 2095XS (2) 87 ns/nh
