HF 2341 (LSB 2446HZ (2) 87)

HOUSE FILE 2341

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO HF 513)
(SUCCESSOR TO HSB 130)

A BILL FOR

An Act relating to the safe operation of bicycles, providing penalties, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.299, Code 2018, is amended to read as follows:
   321.299  Overtaking a vehicle or bicycle.
   The following rules shall govern the overtaking and passing of vehicles and bicycles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:
   1.  The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the other vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
   2.  Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of the overtaken vehicle until completely passed by the overtaking vehicle.
   3.  The driver of a vehicle overtaking a person riding a bicycle proceeding in the same direction on a roadway shall pass to the left of the bicycle in an adjacent travel lane or on the opposite side of the roadway and shall not again drive to the right side of the roadway until safely clear of the overtaken bicycle in accordance with section 321.281. This subsection shall not apply to a vehicle overtaking a bicycle which is traveling on a paved shoulder or in a lane designated for the travel of bicycles.
    Sec. 2.  Section 321.304, Code 2018, is amended to read as follows:
   321.304  Prohibited passing.
   No A vehicle shall not, in overtaking and passing another vehicle, a bicycle, or at any other time, be driven to the left side of the roadway under the following conditions:
   1.  When approaching the crest of a grade or upon a curve in the highway where the driver’s view along the highway is obstructed for a distance of approximately seven hundred feet.
   2.  When approaching within one hundred feet of any narrow bridge, viaduct, or tunnel, when so signposted, or when approaching within one hundred feet of or traversing any intersection or railroad grade crossing.
   3.  Where official signs are in place directing that traffic keep to the right or a distinctive center line or off-center line is marked, which distinctive line also so directs traffic as declared in the sign manual adopted by the department of transportation.  This subsection shall not apply to a vehicle overtaking and passing a bicycle, provided the vehicle complies with section 321.303.
    Sec. 3.  Section 321.385A, Code 2018, is amended to read as follows:
   321.385A  Citation for unlighted headlamp, rear lamp, bicycle lamp, or rear registration plate light.
   1.  a.  A citation issued for failure to have headlamps as required under section 321.385 shall first provide for a seventy-two hour seventy-two-hour period within which the person charged with the violation shall replace or repair the headlamp. 
   b.  A citation issued for failure to have rear lamps as required under section 321.387 or a rear registration plate light as required under section 321.388 shall first provide for a seventy-two hour seventy-two-hour period within which the person charged with the violation shall replace or repair the lamps or light.
   c.  A citation issued for failure to have a front or rear lamp on a bicycle or on a bicycle rider as required under section 321.397 shall first provide for a seventy-two-hour period within which the person charged with the violation shall replace or repair the lamp.
   2.  If the person complies with the directive to replace or repair the headlamp, rear lamps, bicycle lamp, or rear registration plate light within the allotted time period, the citation shall be expunged. If the person fails to comply within the allotted time period, the citation shall be processed in the same manner as other citations.
   3.  A citation issued under this section shall include a written notice of replacement or repair which shall indicate the date of replacement or repair and the manner in which the replacement or repair occurred and which shall be returned to the issuing authority within the seventy-two hour seventy-two-hour time period.
    Sec. 4.  Section 321.397, Code 2018, is amended to read as follows:
   321.397  Lamps on bicycles.
   Every At any time from sunset to sunrise, a bicycle shall be equipped with a lamp on the front exhibiting a steady or flashing white light, at the times specified in section 321.384, visible from a distance of at least three hundred feet to the front, and every bicycle or bicycle rider shall be equipped with a lamp on the rear exhibiting a steady or flashing red light visible from a distance of three hundred feet to the rear; except that a red reflector may be used in lieu of a rear light. A peace officer riding a police bicycle is not required to use either front or rear lamps if duty so requires.
    Sec. 5.  Section 321.423, subsection 2, Code 2018, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  k.  A flashing white or red light equipped on a bicycle operating on a highway pursuant to section 321.397 is permitted.
    Sec. 6.  Section 321.423, subsection 7, paragraph a, unnumbered paragraph 1, Code 2018, is amended to read as follows:
   Except as provided in section 321.373, subsection 7, and subsection 2, paragraphs “c”, and “i”, and “k” of this section, a flashing white light shall only be used on a vehicle in the following circumstances:
    Sec. 7.  NEW SECTION.  321.434A  Bicycle riders —— high-visibility or reflective clothing.
   A person riding a bicycle on a highway with a speed limit of forty-five miles per hour or more, other than for the purpose of crossing the highway at a crosswalk, shall wear clothing and equipment which together contain at least one hundred forty-four square inches of high-visibility or reflective material visible to the rear of the bicycle. This section shall not apply to a person riding a bicycle as part of an organized bicycle riding event involving five hundred or more bicycle riders at which one or more certified peace officers are providing traffic control and direction.
    Sec. 8.  Section 805.8A, subsection 9, Code 2018, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  l.  Section 321.434A$ 25.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill amends Code section 321.299 to require the driver of a vehicle overtaking a person riding a bicycle proceeding in the same direction on a roadway to pass to the left of the bicycle in an adjacent travel lane or on the opposite side of the roadway, and prohibits the driver from returning to the right side of the roadway until safely clear of the overtaken bicycle in accordance with Code section 321.281. Code section 321.281 prohibits a person operating a vehicle from steering the vehicle unreasonably close to or toward a person riding a bicycle on a highway. This provision of the bill does not apply if the bicycle is traveling on a paved shoulder or in a lane designated for the travel of bicycles.
   A violation of Code section 321.281 is punishable by a scheduled fine of $250 and a violation of Code section 321.299 is punishable by a scheduled fine of $100. However, if a violation of Code section 321.299 causes a serious injury, a court could impose an additional fine of $500 and suspend the person’s driver’s license for not more than 90 days. If the violation causes a death, a court could impose an additional fine of $1,000 and suspend the person’s driver’s license for not more than 180 days.
   Under Code section 321.234, a person riding a bicycle on the highway is subject to the provisions of Code chapter 321 (motor vehicles and law of the road) and has all the rights and duties applicable to the driver of a vehicle. The bill specifies that under Code section 321.304 a vehicle is prohibited from overtaking and passing a bicycle when approaching the crest of a grade or upon a curve in the highway where the driver’s view along the highway is obstructed for a distance of approximately 700 feet; when approaching within 100 feet of any narrow bridge, viaduct, or tunnel; or when approaching within 100 feet of or traversing any intersection or railroad grade crossing. However, the bill provides that a vehicle may pass a bicycle where official signs are in place directing that traffic keep to the right or a distinctive center line or off-center line is marked, provided the vehicle complies with the current requirements for overtaking on the left.
   A violation of Code section 321.304 is punishable by a scheduled fine of $100. However, if the violation causes a serious injury, a court could impose an additional fine of $500 and suspend the person’s driver’s license for not more than 90 days. If the violation causes a death, a court could impose an additional fine of $1,000 and suspend the person’s driver’s license for not more than 180 days.
   Current law requires a bicycle to have a front lighted lamp and either a rear lighted lamp or a rear reflector at any time from sunset to sunrise, and at such other times when conditions such as fog, snow, sleet, or rain provide insufficient lighting to render clearly discernible persons and vehicles on the highway at a distance of 500 feet ahead. The bill instead requires that, from sunset to sunrise, a bicycle must be equipped with a lamp on the front exhibiting a steady or flashing white light visible from a distance of at least 300 feet to the front, and every bicycle or bicycle rider must be equipped with a lamp exhibiting a steady or flashing red light visible from a distance of 300 feet to the rear.
   The scheduled fine for a violation of this provision is $25. However, the bill provides that a citation issued for failure to have a front or rear lamp on a bicycle or on a bicycle rider must first provide for a 72-hour period within which the person charged with the violation can replace or repair the lamp. If the person complies with the directive to replace or repair the bicycle lamp, the citation must be expunged.
   The bill requires a person riding a bicycle on a highway with a speed limit of 45 miles per hour or more, other than for the purpose of crossing the highway at a crosswalk, to wear clothing and equipment which together contain at least 144 square inches of high-visibility or reflective material visible to the rear of the bicycle. The scheduled fine for a violation of this provision is $25. The bill provides that the provision does not apply to a person riding a bicycle as part of an organized bicycle riding event involving 500 or more bicycle riders at which one or more certified peace officers are providing traffic control and direction.