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