Senate File 59 - Introduced





                                       SENATE FILE       
                                       BY  STEWART and McCOY


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the transport of passengers under eighteen
  2    years of age in an open truck bed and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1027XS 83
  5 dea/nh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  321.447  MINOR PASSENGERS IN OPEN
  1  2 TRUCK BED.
  1  3    1.  Except as otherwise provided in this section, a person
  1  4 shall not operate a motor vehicle on a highway while
  1  5 transporting a passenger under eighteen years of age in an
  1  6 unenclosed area of the vehicle not intended for passenger
  1  7 seating, including but not limited to the open bed of a motor
  1  8 truck.
  1  9    2.  Except as otherwise provided in this section, a person
  1 10 under eighteen years of age shall not ride in an unenclosed
  1 11 area of a motor vehicle not intended for passenger seating,
  1 12 including but not limited to the open bed of a motor truck,
  1 13 while the vehicle is being operated on a highway.
  1 14    3.  Subsections 1 and 2 do not apply if the owner of the
  1 15 motor vehicle is a person engaged in farming or ranching and
  1 16 the vehicle is being operated within the boundaries of land
  1 17 that is owned or managed by the owner of the vehicle as a farm
  1 18 or ranch, including the incidental operation of the vehicle on
  1 19 a highway for the purpose of traveling not more than one mile
  1 20 from one part of the farm or ranch to another part of that
  1 21 farm or ranch.
  1 22    4.  Subsections 1 and 2 do not apply if the motor vehicle
  1 23 is being operated in a parade and the speed of the vehicle
  1 24 does not exceed eight miles per hour.
  1 25    5.  The operator and passengers in a motor vehicle may each
  1 26 be charged separately for a violation of this section.  A
  1 27 violation of this section is a simple misdemeanor punishable
  1 28 as a scheduled violation under section 805.8A, subsection 14,
  1 29 paragraph "j".
  1 30    Sec. 2.  Section 805.8A, subsection 14, Code 2009, is
  1 31 amended by adding the following new paragraph:
  1 32    NEW PARAGRAPH.  j.  PASSENGER SEATING VIOLATIONS.  For a
  1 33 violation under section 321.447, subsection 1 or 2, the
  1 34 scheduled fine is twenty=five dollars.
  1 35                           EXPLANATION
  2  1    This bill prohibits the operator of a motor vehicle from
  2  2 transporting passengers who are under 18 years of age in an
  2  3 unenclosed area of the vehicle not intended for passenger
  2  4 seating, such as an open truck bed.  The bill also prohibits
  2  5 persons under 18 years of age from riding in such an area of a
  2  6 motor vehicle.  The bill makes an exception for a motor
  2  7 vehicle owned by a farmer or rancher when the vehicle is being
  2  8 driven on land owned or managed by the farmer or rancher or on
  2  9 the highway between one part of the farm or ranch to another
  2 10 part of the farm or ranch for a distance of one mile or less.
  2 11 Another exception is allowed for a motor vehicle being
  2 12 operated at a speed of not more than eight miles per hour in a
  2 13 parade.  The penalty for a violation is a simple misdemeanor,
  2 14 punishable by a scheduled fine of $25.  Both the driver and
  2 15 passengers may each be charged with a separate violation.
  2 16 LSB 1027XS 83
  2 17 dea/nh/8