Bill Text: IA SF68 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to the overtaking and passing of bicycles by motor vehicles, and making penalties applicable.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-01-19 - Subcommittee: Brown, Giddens, and Zumbach. S.J. 122. [SF68 Detail]

Download: Iowa-2021-SF68-Introduced.html
Senate File 68 - Introduced SENATE FILE 68 BY COURNOYER A BILL FOR An Act relating to the overtaking and passing of bicycles by 1 motor vehicles, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1296XS (1) 89 th/ns
S.F. 68 Section 1. Section 321.299, Code 2021, 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 does 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 2021, 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 -1- LSB 1296XS (1) 89 th/ns 1/ 3
S.F. 68 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 does not apply to a vehicle 9 overtaking and passing a bicycle, provided the vehicle complies 10 with the limitations set forth in section 321.303. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill amends Code section 321.299 to require the driver 15 of a vehicle overtaking a person riding a bicycle proceeding 16 in the same direction on a roadway to pass to the left of the 17 bicycle in an adjacent travel lane or on the opposite side of 18 the roadway, and prohibits the driver from returning to the 19 right side of the roadway until safely clear of the overtaken 20 bicycle in accordance with Code section 321.281. Code section 21 321.281 prohibits a person operating a vehicle from steering 22 the vehicle unreasonably close to or toward a person riding 23 a bicycle on a highway. This provision of the bill does not 24 apply if the bicycle is traveling on a paved shoulder or in a 25 lane designated for the travel of bicycles. 26 A violation of Code section 321.281 is punishable by a 27 scheduled fine of $325 and a violation of Code section 321.299 28 is punishable by a scheduled fine of $135. However, if a 29 violation of Code section 321.299 causes a serious injury, a 30 court could impose an additional fine of $500 and suspend the 31 person’s driver’s license for not more than 90 days. If the 32 violation causes a death, a court could impose an additional 33 fine of $1,000 and suspend the person’s driver’s license for 34 not more than 180 days. 35 -2- LSB 1296XS (1) 89 th/ns 2/ 3
S.F. 68 Under Code section 321.234, a person riding a bicycle on the 1 highway is subject to the provisions of Code chapter 321 (motor 2 vehicles and law of the road) and has all the rights and duties 3 applicable to the driver of a vehicle. The bill specifies 4 that under Code section 321.304 a vehicle is prohibited from 5 overtaking and passing a bicycle when approaching the crest of 6 a grade or upon a curve in the highway where the driver’s view 7 along the highway is obstructed for a distance of approximately 8 700 feet; when approaching within 100 feet of any narrow 9 bridge, viaduct, or tunnel; or when approaching within 100 feet 10 of or traversing any intersection or railroad grade crossing. 11 However, the bill provides that a vehicle may pass a bicycle 12 where official signs are in place directing that traffic keep 13 to the right or a distinctive center line or off-center line 14 is marked, provided the vehicle complies with the current 15 requirements for overtaking on the left. 16 A violation of Code section 321.304 is punishable by a 17 scheduled fine of $135. However, if the violation causes a 18 serious injury, a court could impose an additional fine of $500 19 and suspend the person’s driver’s license for not more than 90 20 days. If the violation causes a death, a court could impose 21 an additional fine of $1,000 and suspend the person’s driver’s 22 license for not more than 180 days. 23 -3- LSB 1296XS (1) 89 th/ns 3/ 3
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