SF 27 (LSB 1351XS (3) 85)

SENATE FILE 27

BY  RAGAN and BEALL

A BILL FOR

An Act relating to requirements for the use of headlights, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.384, Code 2013, is amended to read as follows:
   321.384  When lighted lamps required.
   1.  Every
 
A motor vehicle upon
 
operated on a highway within the state, at any time from
 
shall display lighted headlamps as provided in section 321.415 during the following times, subject to exceptions under this chapter with respect to parked vehicles:
   a.  From sunset to sunrise, and at such other times when conditions such as fog, snow, sleet, or rain provide.
   b.  Whenever atmospheric conditions require the use of windshield wipers.
   c.  During any period of rain, drizzle, sleet, hail, snow, blowing snow, freezing rain, or ground-level fog.
   d.  Whenever, due to insufficient lighting to render clearly discernible
 
or unfavorable atmospheric conditions, persons and vehicles on the highway
 
are not clearly discernible at a distance of five hundred
 
one thousand feet ahead, shall display lighted headlamps as provided in section 321.415, subject to exceptions with respect to parked vehicles as hereinafter stated.
   2.  Whenever
 
A requirement is hereinafter declared as to
 
in this chapter regarding the distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in subsection 1 of this section upon a straight level unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.
    Sec. 2.  Section 321.482A, unnumbered paragraph 1, Code 2013, is amended to read as follows:
   Notwithstanding section 321.482, a person who is convicted of operating a motor vehicle in violation of section 321.178, subsection 2, paragraph “a”, subparagraph (2), section 321.180B, subsection 6, section 321.194, subsection 1, paragraph “c”, section 321.256, section
 
or 321.257, section 321.275, subsection 4, section 321.276, 321.297, 321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306, 321.307,
 
or 321.308, section 321.309, subsection 2, or section 321.311, 321.319, 321.320, 321.321, 321.322, 321.323, 321.324, 321.324A, 321.327, 321.329,
 
or 321.333, or
 
section 321.372, subsection 3,
 
or section 321.384 causing serious injury to or the death of another person may be subject to the following penalties in addition to the penalty provided for a scheduled violation in section 805.8A or any other penalty provided by law:
EXPLANATION
   This bill amends Code section 321.384 to require the operator of a motor vehicle to display lighted headlamps from sunset to sunrise; whenever atmospheric conditions require the use of windshield wipers; during any period of rain, drizzle, sleet, hail, snow, blowing snow, freezing rain, or ground-level fog; or whenever, due to insufficient lighting or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 1,000 feet. Currently, the use of headlamps is required from sunset to sunrise and at all other times when conditions such as fog, snow, sleet, or rain provide insufficient lighting to clearly see 500 feet ahead.
   The penalty that currently applies to a violation of requirements for headlight use applies to the new requirements under the bill. A violation is a simple misdemeanor, punishable by a scheduled fine of $30. The bill adds a violation of Code section 321.384 to the list of traffic offenses for which additional penalties may be imposed for a violation causing serious injury to or death of another person. If the violation causes a serious personal injury, a court could impose an additional fine of $500 or suspend the person’s driver’s license for not more than 90 days, or both. If the violation causes a death, a court could impose an additional fine of $1,000 or suspend the person’s driver’s license for not more than 180 days, or both.
   The following Code sections contain provisions which are linked to the times when headlamps are required under Code section 321.384 and are therefore affected indirectly by the bill:
   Code section 321.235A, which requires the use of a headlight and a rear reflector on an electric personal assistive mobility device.
   Code section 321.392, which requires the use of certain lighting devices and reflectors on motor trucks.
   Code section 321.394, which requires a red light to be displayed on projecting loads.
   Code section 321.395, which requires lighting on vehicles stopped on an unlighted roadway or shoulder.
   Code sections 321.397, 321.398, and 321.418, which describe lighting requirements for bicycles, animal drawn vehicles, and slow-moving vehicles.
   Code section 321.405, which requires self-illumination of mechanical signal devices.
   Code sections 321.415 and 321.419, which provide specifications for headlamps.