House File 2028 - Introduced HOUSE FILE 2028 BY ANDERSON A BILL FOR An Act relating to motor vehicles approaching stationary motor 1 vehicles displaying emergency signal lamps, and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5064YH (4) 87 ns/rh
H.F. 2028 Section 1. Section 321.323A, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2A. The operator of a motor vehicle 3 approaching a stationary motor vehicle continually displaying 4 its emergency signal lamps flashing simultaneously shall 5 approach the vehicle with due caution and shall proceed in one 6 of the following manners, absent any other direction by a peace 7 officer: 8 a. Make a lane change into a lane not adjacent to the 9 stationary motor vehicle if possible in the existing safety and 10 traffic conditions. 11 b. If a lane change under paragraph “a” would be impossible, 12 prohibited by law, or unsafe, reduce the speed of the motor 13 vehicle to a reasonable and proper speed for the existing road 14 and traffic conditions, which speed shall be less than the 15 posted speed limit, and be prepared to stop. 16 Sec. 2. Section 805.8A, subsection 11, Code 2018, is amended 17 to read as follows: 18 11. a. Emergency vehicle and equipment-related 19 violations. For emergency vehicle violations relating to 20 certain authorized emergency vehicles, fire apparatus and 21 equipment, and police bicycles under the following sections, 22 the scheduled fine is as follows: 23 a. (1) Section 321.231 . . . . . . . . . . . . . . . . $100. 24 b. (2) Section 321.323A , subsection 1 . $100. 25 c. (3) Section 321.324 . . . . . . . . . . . . . . . . $100. 26 d. (4) Section 321.367 . . . . . . . . . . . . . . . . $100. 27 e. (5) Section 321.368 . . . . . . . . . . . . . . . . $100. 28 b. Violations relating to stationary nonemergency 29 vehicles. For violations relating to the approach of stationary 30 nonemergency vehicles under section 321.323A, subsections 2 and 31 2A, the scheduled fine is one hundred dollars. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 5064YH (4) 87 ns/rh 1/ 2
H.F. 2028 Under current law, the operator of a motor vehicle who 1 encounters a stationary vehicle which is of a certain type and 2 which is displaying certain flashing lights must approach the 3 stationary vehicle with due caution and make a lane change if 4 possible under the existing safety and traffic conditions. 5 If a lane change would be impossible, prohibited by law, or 6 unsafe, the operator must reduce the speed of the vehicle to a 7 reasonable and proper speed for the existing road and traffic 8 conditions and be prepared to stop. Such stationary vehicles 9 include authorized emergency vehicles, towing or recovery 10 vehicles, utility maintenance vehicles, municipal maintenance 11 vehicles, stationary highway maintenance vehicles, and solid 12 waste or recycling collection service vehicles. 13 This bill extends these requirements to include any 14 stationary motor vehicle continually displaying its emergency 15 signal lamps flashing simultaneously. A violation of the 16 requirements is a simple misdemeanor punishable by a scheduled 17 fine of $100. If the violation causes property damage, 18 the violation is punishable by suspension of the violator’s 19 driver’s license for 90 days in addition to the scheduled 20 fine. If the violation causes bodily injury, the violation is 21 punishable by an additional fine of $500 and suspension of the 22 violator’s driver’s license for 180 days. If the violation 23 causes death, the violation is punishable by an additional fine 24 of $1,000 and suspension of the violator’s driver’s license for 25 one year. 26 The bill amends the scheduled fine provision to separate 27 violations relating to stationary authorized emergency vehicles 28 from violations relating to stationary nonemergency vehicles. 29 -2- LSB 5064YH (4) 87 ns/rh 2/ 2