Bill Text: IA SSB3049 | 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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-01-30 - Subcommittee recommends passage. [SSB3049 Detail]
Download: Iowa-2017-SSB3049-Introduced.html
Senate
Study
Bill
3049
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
TRANSPORTATION
BILL)
A
BILL
FOR
An
Act
relating
to
texting
or
using
a
mobile
telephone
while
1
operating
a
commercial
motor
vehicle,
providing
penalties,
2
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.482A,
unnumbered
paragraph
1,
Code
1
2018,
is
amended
to
read
as
follows:
2
Notwithstanding
section
321.482
,
a
person
who
is
convicted
3
of
operating
a
motor
vehicle
in
violation
of
section
321.178,
4
subsection
2
,
paragraph
“a”
,
subparagraph
(2),
section
5
321.180B,
subsection
6
,
section
321.194,
subsection
2
,
6
paragraph
“b”
,
subparagraph
(2),
section
321.256
,
321.257
,
7
section
321.275,
subsection
4
,
section
321.276,
321.297
,
8
321.298
,
321.299
,
321.302
,
321.303
,
321.304
,
321.305
,
321.306
,
9
321.307
,
321.308
,
section
321.309,
subsection
2
,
or
section
10
321.311
,
321.319
,
321.320
,
321.321
,
321.322
,
321.323
,
321.324
,
11
321.324A
,
321.327
,
321.329
,
321.333
,
or
section
321.372,
12
subsection
3
,
or
section
321.449B,
causing
serious
injury
to
13
or
the
death
of
another
person
may
be
subject
to
the
following
14
penalties
in
addition
to
the
penalty
provided
for
a
scheduled
15
violation
in
section
805.8A
or
any
other
penalty
provided
by
16
law:
17
Sec.
2.
NEW
SECTION
.
321.449B
Texting
or
using
a
mobile
18
telephone
while
operating
a
commercial
motor
vehicle.
19
1.
a.
A
person
subject
to
rules
adopted
by
the
department
20
pursuant
to
section
321.449
shall
not
operate
a
commercial
21
motor
vehicle
while
engaged
in
texting
as
prohibited
by
22
49
C.F.R.
§392.80,
except
in
an
emergency
or
as
otherwise
23
permitted
under
49
C.F.R.
§392.80.
24
b.
A
person
subject
to
rules
adopted
by
the
department
25
pursuant
to
section
321.449
shall
not
operate
a
commercial
26
motor
vehicle
while
using
a
hand-held
mobile
telephone
as
27
prohibited
by
49
C.F.R.
§392.82,
except
in
an
emergency
or
as
28
otherwise
permitted
under
49
C.F.R.
§392.82.
29
2.
a.
A
person
convicted
of
a
violation
of
this
section
30
is
guilty
of
a
simple
misdemeanor
punishable
as
a
scheduled
31
violation
under
section
805.8A,
subsection
13,
paragraph
“b”
.
32
b.
A
violation
of
this
section
shall
be
considered
a
moving
33
violation
for
the
purposes
of
this
chapter
and
rules
adopted
34
pursuant
to
this
chapter.
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c.
A
conviction
for
a
violation
of
this
section
shall
be
in
1
lieu
of
a
conviction
for
a
violation
of
section
321.276
if
the
2
violations
are
based
on
the
same
facts
and
circumstances.
3
Sec.
3.
Section
805.8A,
subsection
13,
paragraph
b,
Code
4
2018,
is
amended
to
read
as
follows:
5
b.
For
a
violation
under
section
321.449
,
or
321.449A
,
or
6
321.449B,
the
scheduled
fine
is
fifty
dollars.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
prohibits
a
person
subject
to
the
department
of
11
transportation’s
motor
carrier
safety
rules
from
operating
a
12
commercial
motor
vehicle
while
engaged
in
texting
or
while
13
using
a
hand-held
mobile
telephone
as
prohibited
by
federal
14
regulations,
except
in
an
emergency
or
as
otherwise
permitted
15
under
such
federal
regulations.
16
A
violation
of
the
provision
is
a
simple
misdemeanor
17
punishable
by
a
scheduled
fine
of
$50
and
is
considered
a
18
moving
violation.
However,
a
conviction
for
a
violation
of
the
19
provision
shall
be
in
lieu
of
a
conviction
for
a
violation
of
20
Code
section
321.276
(use
of
electronic
communication
device
21
while
driving)
if
the
violations
are
based
on
the
same
facts
22
and
circumstances.
The
bill
also
includes
a
violation
of
Code
23
section
321.449B
on
the
list
of
traffic
offenses
for
which
24
additional
penalties
may
be
imposed
if
the
violation
causes
25
serious
injury
or
death.
If
the
violation
causes
a
serious
26
injury,
a
court
could
impose
an
additional
fine
of
$500
or
27
suspend
the
person’s
driver’s
license
for
not
more
than
90
28
days,
or
both.
If
the
violation
causes
a
death,
a
court
could
29
impose
an
additional
fine
of
$1,000
or
suspend
the
person’s
30
driver’s
license
for
not
more
than
180
days,
or
both.
31
Under
current
law,
a
violation
of
Code
section
321.276
is
a
32
simple
misdemeanor
punishable
by
a
scheduled
fine
of
$30,
is
33
not
a
moving
violation,
and
is
subject
to
the
same
additional
34
penalties
if
the
violation
causes
serious
injury
or
death.
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