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