Senate
File
2183
-
Introduced
SENATE
FILE
2183
BY
DANIELSON
A
BILL
FOR
An
Act
relating
to
the
operation
of
authorized
emergency
1
vehicles
and
snow
plows,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
321.1,
Code
2018,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
20C.
“Emergency
lights”
means
steady,
3
oscillating,
rotating,
or
flashing
red
and
blue
lights,
but
4
does
not
include
original
or
aftermarket
amber,
white,
or
red
5
directional
or
emergency
signal,
brake,
or
tail
lamps.
6
NEW
SUBSECTION
.
93A.
“Warning
lights”
means
steady,
7
oscillating,
rotating,
or
flashing
amber
or
white
lights,
and
8
steady,
oscillating,
rotating,
or
flashing
amber
or
red
lights
9
on
a
school
bus,
but
does
not
include
original
or
aftermarket
10
amber,
white,
or
red
directional
or
emergency
signal,
brake,
11
or
tail
lamps.
12
Sec.
2.
Section
321.231,
subsection
1,
Code
2018,
is
amended
13
to
read
as
follows:
14
1.
The
driver
of
an
authorized
emergency
vehicle,
when
15
responding
to
an
emergency
call
or
incident,
or
when
in
the
16
pursuit
of
an
actual
or
suspected
perpetrator
of
a
felony
or
17
misdemeanor,
or
in
response
to
an
incident
dangerous
to
the
18
public
,
or
when
responding
to
but
not
upon
returning
from
a
19
fire
alarm,
may
exercise
the
privileges
set
forth
in
this
20
section
.
21
Sec.
3.
Section
321.231,
subsection
2,
Code
2018,
is
amended
22
by
adding
the
following
new
paragraphs:
23
NEW
PARAGRAPH
.
c.
Operate
the
vehicle
on
the
shoulder
or
24
median
of
a
highway.
25
NEW
PARAGRAPH
.
d.
Disregard
laws
or
regulations
governing
26
turning
the
vehicle
in
specified
directions.
27
NEW
PARAGRAPH
.
e.
Disregard
laws
or
regulations
governing
28
overtaking
or
passing
other
motorists.
29
Sec.
4.
Section
321.231,
subsections
3
and
4,
Code
2018,
are
30
amended
to
read
as
follows:
31
3.
The
driver
of
a
an
official
fire
department
vehicle,
32
rescue
vehicle,
police
vehicle,
or
ambulance,
or
emergency
33
medical
services
vehicle,
or
a
peace
officer
riding
a
police
34
bicycle
in
the
line
of
duty
may
do
any
of
the
following:
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a.
Proceed
past
a
red
or
stop
signal
or
stop
sign,
but
only
1
after
slowing
down
as
may
be
necessary
reasonable
for
safe
2
operation.
3
b.
Exceed
the
maximum
speed
limits
so
long
as
the
driver
4
does
not
unreasonably
endanger
life
or
property.
5
4.
a.
The
exemptions
granted
to
the
driver
of
an
authorized
6
emergency
vehicle
under
subsection
2
and
for
a
to
the
driver
7
of
an
official
fire
department
vehicle,
rescue
vehicle,
police
8
vehicle,
or
ambulance
,
or
emergency
medical
services
vehicle
as
9
provided
in
subsection
3
shall
apply
only
when
such
vehicle
is
10
making
use
of
an
audible
signaling
warning
device
meeting
the
11
requirements
of
section
321.433
or
a
visual
signaling
device
,
12
except
that
use
of
an
audible
or
visual
signaling
device
shall
13
not
be
required
when
exercising
the
meeting
the
requirements
14
of
section
321.423.
15
b.
The
exemption
granted
under
subsection
3
,
paragraph
16
“b”
of
this
section
when
the
vehicle
is
operated
by
a
peace
17
officer
,
shall
be
granted
to
a
peace
officer
or
reserve
peace
18
officer
operating
an
authorized
emergency
vehicle
without
19
using
an
audible
warning
device
or
visual
signaling
device
if
20
such
action
does
not
endanger
the
life
of
the
officer
or
the
21
vehicle,
and
if
the
officer
is
pursuing
a
suspected
violator
of
22
the
speed
restrictions
imposed
by
or
pursuant
to
this
chapter
,
23
for
the
purpose
of
determining
the
speed
of
travel
of
such
24
suspected
violator
,
or
if
the
officer
has
probable
cause
to
25
believe
that
a
suspected
violator’s
knowledge
of
the
officer’s
26
proximity
will
cause
the
suspected
violator
to
destroy
evidence
27
of
a
suspected
felony
or
to
evade
apprehension
.
28
c.
The
exemption
granted
under
subsection
3,
paragraph
29
“b”
,
shall
be
granted
to
the
driver
of
an
authorized
emergency
30
vehicle
transporting
a
patient
to
a
hospital
without
using
31
an
audible
warning
device
or
visual
signaling
device
if
a
32
certified
emergency
medical
care
provider
reasonably
believes
33
the
patient’s
condition
warrants
limited
use
of
the
vehicle’s
34
audible
warning
device
or
visual
signaling
device,
provided
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the
driver
activates
the
vehicle’s
audible
warning
device
or
1
visual
signaling
device
when
necessary
to
warn
motorists
or
2
pedestrians
of
the
vehicle’s
approach,
or
when
approaching
an
3
intersection.
4
Sec.
5.
Section
321.231,
Code
2018,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
3A.
A
peace
officer
operating
an
authorized
7
emergency
vehicle
may
execute
a
lawful
intervention
technique
8
if
such
execution
is
reasonable
under
the
circumstances
and
9
the
officer
has
completed
a
training
course
approved
by
the
10
Iowa
law
enforcement
academy
that
instructs
participants
in
the
11
proper
execution
of
lawful
intervention
techniques.
12
Sec.
6.
NEW
SECTION
.
321.231A
Authorized
emergency
vehicles
13
——
parades
and
events.
14
1.
The
driver
of
an
authorized
emergency
vehicle
may
operate
15
the
vehicle
as
part
of
an
official
governmental
event
for
the
16
purposes
of
the
safety
and
security
of
an
elected
official,
17
candidate
for
public
office,
or
the
public,
or
as
part
of
a
18
parade
or
other
public
service
event
if
the
parade
or
event
19
is
approved
by
the
state
or
a
municipality,
as
defined
in
20
section
670.1,
and
notice
of
the
parade
or
event
is
publicly
21
disseminated
by
the
state
or
municipality
in
the
area
where
the
22
parade
or
event
will
occur
at
least
five
days
prior
to
the
date
23
on
which
the
parade
or
event
will
occur.
24
2.
Notwithstanding
any
provision
of
law
to
the
contrary,
an
25
authorized
emergency
vehicle
operating
in
a
parade
or
event
may
26
display
emergency
lights
or
warning
lights.
This
subsection
27
shall
not
be
construed
to
exempt
the
driver
of
the
authorized
28
emergency
vehicle
from
any
duty
to
operate
the
vehicle
with
due
29
regard
for
the
safety
of
all
persons.
30
Sec.
7.
NEW
SECTION
.
321.231B
Authorized
emergency
vehicles
31
——
immunity
from
liability.
32
1.
A
fire
fighter
who
is
certified
by
the
fire
service
33
training
bureau,
as
described
in
section
100B.6,
as
a
fire
34
apparatus
driver
or
operator
and
who
has
completed
an
emergency
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vehicle
operations
course
approved
by
the
fire
service
training
1
bureau
shall
not
be
liable
for
any
injury
or
loss
arising
from
2
the
fire
fighter’s
operation
of
an
authorized
emergency
vehicle
3
in
response
to
an
emergency
call
or
incident
or
to
an
incident
4
dangerous
to
the
public
unless
the
fire
fighter
operates
the
5
vehicle
with
willful
and
wanton
disregard
for
the
safety
of
6
persons
or
property.
7
2.
An
emergency
medical
care
provider,
as
defined
in
section
8
147A.1,
who
has
completed
an
emergency
vehicle
operations
9
course
approved
by
the
department
of
public
health
shall
not
10
be
liable
for
any
injury
or
loss
arising
from
the
provider’s
11
operation
of
an
authorized
emergency
vehicle
in
response
to
an
12
emergency
call
or
incident
or
to
an
incident
dangerous
to
the
13
public
unless
the
provider
operates
the
vehicle
with
willful
14
and
wanton
disregard
for
the
safety
of
persons
or
property.
15
3.
A
peace
officer,
as
defined
in
section
801.4,
or
a
16
reserve
peace
officer,
as
defined
in
section
80D.1A,
who
has
17
completed
an
emergency
vehicle
operations
course
and
any
18
applicable
continuing
education
requirements
established
19
or
approved
by
the
Iowa
law
enforcement
academy
shall
not
20
be
liable
for
any
injury
or
loss
arising
from
the
officer’s
21
operation
of
an
authorized
emergency
vehicle
in
response
to
an
22
emergency
call
or
incident
or
to
an
incident
dangerous
to
the
23
public
unless
the
officer
operates
the
vehicle
with
willful
and
24
wanton
disregard
for
the
safety
of
persons
or
property.
25
4.
Subsections
1
through
3
shall
only
apply
when,
26
in
response
to
an
emergency
call
or
incident
or
to
an
27
incident
dangerous
to
the
public,
the
authorized
emergency
28
vehicle
is
making
use
of
a
siren
meeting
the
requirements
29
of
section
321.433
or
flashing
blue
and
red
lights
meeting
30
the
requirements
of
section
321.423.
The
protections
from
31
liability
provided
by
subsections
1
through
3
shall
apply
in
32
addition
to
any
other
defenses
to
liability
provided
by
law.
33
Sec.
8.
Section
321.393,
subsection
4,
Code
2018,
is
amended
34
to
read
as
follows:
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4.
The
provisions
of
this
section
shall
not
prohibit
the
1
use
of
a
lighting
device
or
reflector
displaying
an
amber
light
2
when
such
lighting
device
or
reflector
is
mounted
on
a
motor
3
truck,
trailer,
tractor,
or
motor
grader
owned
by
the
state,
4
or
any
political
subdivision
of
the
state,
or
any
municipality
5
therein,
while
such
equipment
is
being
used
for
snow
removal,
6
sanding,
maintenance,
or
repair
of
the
public
streets
or
7
highways
,
or
when
such
lighting
device
is
permitted
or
required
8
under
section
321.423
or
any
other
provision
of
law
.
9
Sec.
9.
Section
321.423,
subsection
2,
paragraphs
f
and
h,
10
Code
2018,
are
amended
to
read
as
follows:
11
f.
A
flashing
white
light
,
including
a
flashing
headlamp,
is
12
permitted
on
a
vehicle
pursuant
to
subsection
7
.
13
h.
A
flashing
amber
warning
light
is
permitted
on
a
towing
14
or
recovery
vehicle,
a
utility
maintenance
vehicle,
a
municipal
15
maintenance
vehicle,
a
highway
maintenance
vehicle,
a
solid
16
waste
or
recycling
collection
service
vehicle,
a
snow
plow,
or
17
a
vehicle
operated
in
accordance
with
subsection
6
or
section
18
321.398
or
321.453
.
19
Sec.
10.
Section
321.423,
subsection
3,
paragraph
a,
20
subparagraph
(3),
Code
2018,
is
amended
to
read
as
follows:
21
(3)
An
authorized
emergency
vehicle,
other
than
a
vehicle
22
described
in
paragraph
“a”
,
subparagraph
(1)
or
(2)
,
if
the
blue
23
light
is
positioned
on
the
passenger
side
of
the
vehicle
and
is
24
used
in
conjunction
with
a
red
light
positioned
on
the
driver
25
side
of
the
vehicle
.
26
Sec.
11.
Section
321.423,
subsection
6,
Code
2018,
is
27
amended
to
read
as
follows:
28
6.
Amber
flashing
light.
29
a.
A
farm
tractor,
farm
tractor
with
towed
equipment,
30
self-propelled
implement
of
husbandry,
road
construction
or
31
maintenance
vehicle,
road
grader,
or
other
vehicle
principally
32
designed
for
use
off
the
highway
which,
when
operated
on
33
a
primary
or
secondary
road,
is
operated
at
a
speed
of
34
thirty-five
miles
an
hour
or
less,
shall
be
equipped
with
and
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display
an
amber
flashing
light
visible
from
the
rear
at
any
1
time
from
sunset
to
sunrise.
If
the
amber
flashing
light
is
2
obstructed
by
the
towed
equipment,
the
towed
equipment
shall
3
also
be
equipped
with
and
display
an
amber
flashing
light
as
4
required
under
this
subsection
.
5
b.
(1)
A
vehicle
owned
by
a
municipality,
as
defined
in
6
section
670.1,
or
a
company
in
the
business
of
snow
and
ice
7
treatment
or
removal,
that
is
used
for
snow
and
ice
treatment
8
or
removal
shall
be
equipped
with
one
or
more
amber
warning
9
lights.
This
paragraph
“b”
shall
not
be
construed
to
require
a
10
lawn
mower,
snow
blower,
or
all-terrain
vehicle
to
be
equipped
11
with
one
or
more
amber
warning
lights.
12
(2)
When
a
vehicle
subject
to
subparagraph
(1)
is
used
to
13
plow
snow
or
remove
snow
or
ice
accumulation,
the
operator
of
14
the
vehicle
shall
activate
and
display
the
vehicle’s
amber
15
warning
lights
to
alert
pedestrians
and
other
motorists.
16
(3)
The
department
shall
adopt
rules
establishing
minimum
17
optical
warning
light
equipment
standards
for
privately
owned
18
vehicles
used
for
snow
and
ice
treatment
or
removal.
The
19
department
may
offer
safety
inspections
for
such
vehicles
at
a
20
reasonable
fee
established
by
the
department
by
rule.
21
c.
All
vehicles
specified
in
this
subsection
which
are
22
manufactured
for
sale
or
sold
in
this
state
shall
be
equipped
23
with
an
amber
flashing
light
in
accordance
with
the
standards
24
of
the
American
society
of
agricultural
engineers.
25
Sec.
12.
NEW
SECTION
.
321.424
Authorized
emergency
vehicle
26
lights.
27
Notwithstanding
any
provision
of
law
to
the
contrary:
28
1.
An
authorized
emergency
vehicle
may
be
equipped
with
29
a
combination
of
interior
or
exterior
emergency
lights
and
30
warning
lights,
flashing
headlamps,
and
flashing
tail
lamps.
31
2.
An
official
law
enforcement,
fire
department,
or
32
emergency
medical
services
vehicle
owned
by
the
state
or
a
33
municipality,
as
defined
in
section
670.1,
that
was
purchased,
34
delivered,
or
refurbished
on
or
after
July
1,
2018,
shall
be
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equipped
with
flashing
headlamps
unless
the
vehicle
lacks
the
1
capability
to
be
equipped
with
flashing
headlamps.
The
lack
2
of
such
a
capability
shall
be
documented
by
the
seller
of
3
the
vehicle
and
such
documentation
shall
be
provided
to
the
4
purchaser
of
the
vehicle
at
the
time
of
sale.
5
3.
An
authorized
emergency
vehicle
owned
by
the
state,
6
a
municipality,
as
defined
in
section
670.1,
or
a
private
7
emergency
medical
services
company
delivering
services
to
the
8
state,
a
municipality,
or
a
hospital
pursuant
to
a
written
9
contract,
or
a
privately
owned
vehicle
designated
as
an
10
authorized
emergency
vehicle
pursuant
to
section
321.451,
shall
11
be
equipped
with
a
combination
of
operational
red
and
blue
12
emergency
lights.
Authorized
emergency
vehicles
in
service
on
13
or
before
the
effective
date
of
this
Act
shall
be
equipped
to
14
comply
with
this
subsection
on
or
before
July
1,
2021.
15
4.
An
authorized
emergency
vehicle
equipped
with
an
16
interior
or
exterior
light
bar
shall
position
front
and
rear
17
facing
red
lights
on
the
driver’s
side
of
the
vehicle
and
front
18
and
rear
facing
blue
lights
on
the
passenger’s
side
of
the
19
vehicle.
20
5.
An
authorized
emergency
vehicle
equipped
with
an
21
interior
or
exterior
light
bar
with
red
and
blue
flashing
22
emergency
lights
may
be
equipped
with
flashing
or
solid
white
23
lights
scattered
among
or
between
any
lens
that
displays
a
red
24
or
blue
flashing
light.
25
6.
An
authorized
emergency
vehicle
may
be
equipped
with
one
26
or
more
lights
capable
of
emitting
a
split
red
and
blue
steady
27
or
flashing
light,
which
may
be
mounted
on
or
in
the
vehicle.
28
7.
An
authorized
emergency
vehicle
may
be
equipped
with
29
emergency
lights
on
the
side
of
the
vehicle
capable
of
emitting
30
red
and
blue
light,
red
and
white
light,
or
blue
and
white
31
light.
32
8.
An
authorized
emergency
vehicle
may
be
equipped
with
33
emergency
lights
or
warning
lights
with
a
clear
or
colored
34
lens.
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9.
An
official
law
enforcement,
fire,
rescue,
or
emergency
1
medical
services
vehicle
may
be
equipped
with
lights
or
light
2
bars
containing
one
or
more
rear
zone
amber
warning
lights
or
3
amber
directional
arrows,
which
shall
be
in
addition
to
any
4
other
required
lighting
equipment.
An
authorized
emergency
5
vehicle
shall
not
be
equipped
with
an
amber
warning
light
6
positioned
on
the
front
or
side
of
the
vehicle.
However,
7
an
aerial
fire
apparatus
may
be
equipped
with
amber
flashing
8
lights
on
the
outriggers
of
the
apparatus.
9
10.
An
authorized
emergency
vehicle
may
be
equipped
with
10
one
or
more
steady,
oscillating,
or
flashing
white
lights,
11
flashing
headlamps,
or
flashing
reverse
lamps,
which
shall
be
12
in
addition
to
any
other
required
lighting
equipment.
A
light
13
bar
shall
not
be
equipped
or
used
to
display
flashing
white
14
lights
visible
from
the
rear
of
the
vehicle.
This
subsection
15
shall
not
be
construed
to
prohibit
an
authorized
emergency
16
vehicle
owned
by
the
state
or
a
municipality,
as
defined
in
17
section
670.1,
from
being
equipped
with
or
using
a
spotlight
or
18
exterior
light
bar
capable
of
displaying
a
steady
white
light
19
for
use
as
a
work
light,
alley
light,
search
light,
or
takedown
20
light.
21
11.
An
authorized
emergency
vehicle
owned
by
a
state
or
a
22
municipality,
as
defined
in
section
670.1,
that
is
primarily
23
used
as
an
incident
command
vehicle
may
be
equipped
with
one
24
or
more
steady
or
flashing
green
lights,
which
shall
be
in
25
addition
to
any
other
required
lighting
equipment.
A
steady
26
or
flashing
green
light
equipped
pursuant
to
this
subsection
27
shall
not
be
activated
unless
the
vehicle
is
being
used
as
28
a
stationary
incident
command
post
at
the
location
of
an
29
emergency
incident,
an
official
training
exercise,
or
for
30
maintenance
or
demonstration
purposes.
31
Sec.
13.
Section
321.433,
Code
2018,
is
amended
to
read
as
32
follows:
33
321.433
Sirens,
whistles,
air
horns,
and
bells
prohibited.
34
1.
A
vehicle
shall
not
be
equipped
with
and
a
person
shall
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not
use
upon
a
vehicle
any
siren,
whistle,
or
bell,
except
as
1
otherwise
permitted
in
this
section
or
any
other
provision
of
2
law
.
3
2.
It
is
permissible
but
not
required
that
any
commercial
4
vehicle
be
equipped
with
a
theft
alarm
signal
device
which
is
5
so
arranged
that
it
cannot
be
used
by
the
driver
as
an
ordinary
6
warning
signal.
7
3.
Any
authorized
emergency
vehicle
may
be
equipped
with
8
a
siren,
whistle,
air
horn,
or
bell
capable
of
emitting
sound
9
audible
under
normal
conditions
from
a
distance
of
not
less
10
than
five
hundred
feet
,
but
the
.
11
4.
An
authorized
emergency
medical
services
program,
fire
12
department,
or
law
enforcement
agency
may
equip
one
or
more
13
vehicles
with
an
air
horn.
14
5.
An
official
fire
department
vehicle,
emergency
medical
15
services
program
vehicle,
or
law
enforcement
vehicle
owned
16
by
the
state,
a
municipality,
as
defined
in
section
670.1,
17
or
a
corporation
providing
emergency
medical
services
to
18
a
municipality
pursuant
to
a
written
contract,
that
was
19
purchased,
delivered,
or
refurbished
on
or
after
July
1,
20
2018,
excluding
an
all-terrain
vehicle
or
a
special
service
21
vehicle,
shall
be
equipped
with
a
two-hundred-watt
electric
22
or
electronic
siren
capable
of
emitting
at
least
two
distinct
23
siren
tones,
and
one
or
more
compatible
siren
speakers.
24
6.
An
authorized
emergency
vehicle’s
siren,
whistle,
or
25
bell
shall
not
be
used
except
when
the
vehicle
is
operated
in
26
response
to
an
emergency
call
or
incident,
in
response
to
an
27
incident
dangerous
to
the
public,
in
a
parade
or
designated
28
public
service
event,
for
a
demonstration,
for
maintenance,
or
29
in
the
immediate
pursuit
of
an
actual
or
suspected
violator
of
30
the
law,
and
the
driver
of
the
vehicle
shall
sound
the
siren,
31
whistle,
or
bell
when
reasonably
necessary
to
warn
pedestrians
32
and
other
drivers
of
the
approach
of
the
vehicle.
33
7.
For
the
purposes
of
this
section:
34
a.
“Electric
siren”
means
an
audible
warning
device
that
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produces
sound
using
an
electric
motor
with
an
attached
1
rotating
slotted
or
perforated
disc.
2
b.
“Electronic
siren”
means
an
audible
warning
device
3
that
produces
sound
electronically
using
amplifiers
and
4
electromagnetic
speakers.
5
Sec.
14.
Section
321.451,
subsection
1,
Code
2018,
is
6
amended
by
adding
the
following
new
paragraphs:
7
NEW
PARAGRAPH
.
g.
A
vehicle
owned
by
a
chief
or
certified
8
officer
of
a
volunteer
fire
department,
a
fire
department
9
comprised
of
a
combination
of
volunteer
and
paid
members,
or
10
a
nonprofit
corporation
that
delivers
emergency
services
on
11
behalf
of
a
municipality,
as
defined
in
section
670.1,
pursuant
12
to
a
written
contract,
if
the
application
for
a
certificate
of
13
designation
is
requested
by
the
chief
of
the
fire
department.
14
However,
the
department
shall
not
approve
an
application
15
received
pursuant
to
this
paragraph
“g”
unless
the
owner
of
the
16
vehicle
has
completed
an
emergency
vehicle
operations
course
17
approved
by
the
fire
service
training
bureau,
as
described
in
18
section
100B.6.
19
NEW
PARAGRAPH
.
h.
A
vehicle
owned
by
a
chief,
officer,
or
20
medical
director
of
an
authorized
emergency
medical
service
21
provider,
if
the
application
for
a
certificate
of
designation
22
is
requested
by
the
chief
of
the
authorized
emergency
medical
23
service
provider.
However,
the
department
shall
not
approve
24
an
application
received
pursuant
to
this
paragraph
“h”
unless
25
the
owner
of
the
vehicle
has
completed
an
emergency
vehicle
26
operations
course
approved
by
the
department
of
public
health.
27
NEW
PARAGRAPH
.
i.
A
vehicle
owned
by
a
state
or
county
28
emergency
management
coordinator
if
the
application
for
a
29
certificate
of
designation
is
requested
by
the
emergency
30
management
coordinator.
However,
the
department
shall
not
31
approve
an
application
received
pursuant
to
this
paragraph
“i”
32
unless
the
owner
of
the
vehicle
has
completed
an
emergency
33
vehicle
operations
course
approved
by
the
fire
service
training
34
bureau,
as
described
in
section
100B.6,
or
the
department
of
35
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public
health.
1
Sec.
15.
Section
321.451,
subsection
3,
Code
2018,
is
2
amended
to
read
as
follows:
3
3.
The
certificate
of
designation
shall
be
valid
for
4
a
period
of
three
years
and
shall
at
all
times
be
carried
5
with
the
registration
receipt
for
the
vehicle
to
which
6
the
certificate
refers.
The
certificate
may
be
revoked
or
7
temporarily
suspended
by
the
director
upon
a
showing
of
abuse
,
8
recklessness,
or
that
the
vehicle
has
unsafe
equipment
.
9
Sec.
16.
Section
321.451,
Code
2018,
is
amended
by
adding
10
the
following
new
subsections:
11
NEW
SUBSECTION
.
4.
The
department
shall
create
and
maintain
12
a
database
of
vehicles
designated
as
an
authorized
emergency
13
vehicle
pursuant
to
this
section.
14
NEW
SUBSECTION
.
5.
The
operator
of
a
vehicle
designated
15
as
an
authorized
emergency
vehicle
pursuant
to
this
section,
16
except
a
vehicle
designated
under
subsection
1,
paragraph
“f”
,
17
may
request
reimbursement
from
the
operator’s
employer
or
18
organization
for
which
the
operator
volunteers
for
reasonable
19
costs
or
expenses
incurred
by
the
operator
during
the
operation
20
of
the
vehicle
as
an
authorized
emergency
vehicle
on
official
21
business,
including
fuel
and
mileage
reimbursement,
and
the
22
operator
shall
be
reimbursed
upon
a
determination
that
the
23
operator’s
request
was
proper.
24
NEW
SUBSECTION
.
6.
A
public
or
private
employer
shall
25
not
require
an
employee
or
volunteer
to
apply
for
or
maintain
26
a
certificate
of
designation
pursuant
to
this
section
as
a
27
condition
of
employment
or
of
permitting
the
person
to
continue
28
to
volunteer.
A
person
shall
not
be
required
to
operate
or
29
use
a
vehicle
designated
as
an
authorized
emergency
vehicle
30
pursuant
to
this
section.
31
NEW
SUBSECTION
.
7.
This
section
shall
not
be
construed
32
to
exempt
the
state
or
a
municipality,
as
defined
in
section
33
670.1,
from
any
duty
to
purchase,
equip,
maintain,
or
otherwise
34
provide
authorized
emergency
vehicles
to
meet
any
requirement
35
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to
provide
public
services.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
permits
the
driver
of
an
authorized
emergency
5
vehicle,
when
responding
to
an
emergency
call
or
incident,
6
when
in
the
pursuit
of
an
actual
or
suspected
perpetrator
of
a
7
felony
or
misdemeanor,
in
response
to
an
incident
dangerous
to
8
the
public,
or
when
responding
to
but
not
upon
returning
from
a
9
fire
alarm,
to
operate
the
vehicle
on
the
shoulder
or
median
of
10
a
highway,
to
disregard
laws
or
regulations
governing
turning
11
the
vehicle
in
specified
directions,
and
to
disregard
laws
or
12
regulations
governing
overtaking
or
passing
other
motorists.
13
The
bill
also
permits
official
fire
department
vehicles,
police
14
vehicles,
rescue
vehicles,
ambulances,
emergency
medical
15
services
vehicles,
and
peace
officers
riding
a
police
bicycle
16
to
proceed
past
a
red
or
stop
signal
or
stop
sign,
but
only
17
after
slowing
down
as
may
be
reasonable
for
safe
operation,
and
18
to
exceed
the
maximum
speed
limits
so
long
as
the
driver
does
19
not
unreasonably
endanger
life
or
property.
20
Under
current
law,
authorized
emergency
vehicles
are
21
permitted
to
operate
in
this
manner
only
when
such
vehicles
are
22
making
use
of
an
audible
or
visual
signaling
device,
except
a
23
vehicle
operated
by
a
peace
officer
is
not
required
to
use
an
24
audible
or
visual
signaling
device
if
the
officer
is
pursuing
25
a
suspected
violator
of
the
speed
limit.
The
bill
provides
26
that
a
peace
officer
is
also
not
required
to
use
an
audible
or
27
visual
signaling
device
if
the
officer
has
probable
cause
to
28
believe
that
a
suspected
violator’s
knowledge
of
the
officer’s
29
proximity
will
cause
the
suspected
violator
to
destroy
evidence
30
of
a
suspected
felony
or
to
evade
apprehension.
However,
the
31
bill
permits
such
action
only
if
the
action
does
not
endanger
32
the
life
of
the
officer
or
the
vehicle.
33
The
bill
also
provides
that
the
driver
of
an
authorized
34
emergency
vehicle
transporting
a
patient
to
a
hospital
is
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not
required
to
use
an
audible
warning
device
or
visual
1
signaling
device
if
a
certified
emergency
medical
care
provider
2
reasonably
believes
the
patient’s
condition
warrants
limited
3
use
of
the
vehicle’s
audible
or
visual
signaling
device,
4
provided
the
driver
activates
the
vehicle’s
audible
or
visual
5
device
when
necessary
to
warn
motorists
or
pedestrians
of
the
6
vehicle’s
approach,
or
when
approaching
an
intersection.
7
The
bill
further
provides
that
a
peace
officer
operating
an
8
authorized
emergency
vehicle
may
execute
a
lawful
intervention
9
technique
if
such
execution
is
reasonable
under
the
10
circumstances
and
the
officer
has
completed
a
training
course
11
approved
by
the
Iowa
law
enforcement
academy
that
instructs
12
participants
in
the
proper
execution
of
lawful
intervention
13
techniques.
14
By
operation
of
law,
a
violation
of
these
provisions
of
the
15
bill
is
punishable
by
a
scheduled
fine
of
$100.
16
The
bill
permits
the
driver
of
an
authorized
emergency
17
vehicle
to
operate
the
vehicle
as
part
of
an
official
18
governmental
event
for
the
purposes
of
the
safety
and
security
19
of
an
elected
official,
candidate
for
public
office,
or
the
20
public,
or
as
part
of
a
parade
or
other
public
service
event
if
21
the
parade
or
event
is
approved
by
the
state
or
a
municipality
22
and
notice
of
the
parade
or
event
is
publicly
disseminated
by
23
the
state
or
municipality
at
least
five
days
prior
to
the
date
24
on
which
the
parade
or
event
will
occur.
In
addition,
the
bill
25
permits
an
authorized
emergency
vehicle
to
operate
in
a
parade
26
or
event
while
displaying
emergency
lights
or
warning
lights.
27
The
bill
provides
that
a
certified
fire
fighter,
emergency
28
medical
care
provider,
peace
officer,
or
reserve
peace
officer
29
shall
not
be
liable
for
any
injury
or
loss
arising
from
the
30
operation
of
an
authorized
emergency
vehicle
in
response
to
31
an
emergency
call
or
incident
or
to
an
incident
dangerous
to
32
the
public
unless
the
vehicle
is
operated
with
willful
and
33
wanton
disregard
for
the
safety
of
persons
or
property.
This
34
provision
of
the
bill
only
applies
when,
in
response
to
an
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emergency
call
or
incident
or
to
an
incident
dangerous
to
the
1
public,
the
authorized
emergency
vehicle
is
making
use
of
a
2
siren
or
flashing
blue
and
red
lights.
3
The
bill
requires
snow
plows
to
be
equipped
with
and
to
4
use
flashing
amber
warning
lights.
By
operation
of
law,
a
5
violation
of
this
provision
is
punishable
by
a
scheduled
fine
6
of
$30.
7
The
bill
permits
an
authorized
emergency
vehicle
to
be
8
equipped
with
a
combination
of
interior
or
exterior
emergency
9
lights
and
warning
lights,
flashing
headlamps,
and
flashing
10
tail
lamps.
The
bill
requires
an
official
law
enforcement,
11
fire
department,
or
emergency
medical
services
vehicle
owned
12
by
the
state
or
a
municipality
that
was
purchased,
delivered,
13
or
refurbished
on
or
after
July
1,
2018,
to
be
equipped
with
14
flashing
headlamps
unless
the
vehicle
lacks
the
capability
to
15
be
equipped
with
flashing
headlamps.
16
The
bill
requires
an
authorized
emergency
vehicle
owned
17
by
the
state,
a
municipality,
or
a
private
emergency
medical
18
services
company,
or
a
privately
owned
vehicle,
to
be
equipped
19
with
a
combination
of
operational
red
and
blue
emergency
20
lights.
Authorized
emergency
vehicles
in
service
on
or
before
21
the
effective
date
of
the
bill
are
required
to
comply
with
this
22
provision
on
or
before
July
1,
2021.
The
bill
also
requires
23
an
authorized
emergency
vehicle
equipped
with
an
interior
or
24
exterior
light
bar
to
position
front
and
rear
facing
red
lights
25
on
the
driver’s
side
of
the
vehicle
and
front
and
rear
facing
26
blue
lights
on
the
passenger’s
side
of
the
vehicle.
27
The
bill
provides
that
an
authorized
emergency
vehicle
28
equipped
with
an
interior
or
exterior
light
bar
with
red
and
29
blue
flashing
emergency
lights
may
be
equipped
with
flashing
30
or
solid
white
lights
scattered
among
or
between
any
lens
that
31
displays
a
red
or
blue
flashing
light.
An
authorized
emergency
32
vehicle
may
also
be
equipped
with
one
or
more
lights
capable
of
33
emitting
a
split
red
and
blue
steady
or
flashing
light,
which
34
may
be
mounted
on
or
in
the
vehicle,
and
with
emergency
lights
35
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on
the
side
of
the
vehicle
capable
of
emitting
red
and
blue
1
light,
red
and
white
light,
or
blue
and
white
light.
2
The
bill
further
provides
that
an
official
law
enforcement,
3
fire,
rescue,
or
emergency
medical
services
vehicle
may
be
4
equipped
with
lights
or
light
bars
containing
one
or
more
rear
5
zone
amber
warning
lights
or
amber
directional
arrows,
and
6
prohibits
an
authorized
emergency
vehicle
from
being
equipped
7
with
an
amber
warning
light
positioned
on
the
front
or
side
of
8
the
vehicle.
However,
an
aerial
fire
apparatus
may
be
equipped
9
with
amber
flashing
lights
on
the
outriggers
of
the
apparatus.
10
The
bill
permits
an
authorized
emergency
vehicle
to
be
11
equipped
with
one
or
more
steady,
oscillating,
or
flashing
12
white
lights,
flashing
headlamps,
or
flashing
reverse
lamps,
13
and
prohibits
a
light
bar
from
being
equipped
or
used
to
14
display
flashing
white
lights
visible
from
the
rear
of
the
15
vehicle.
However,
white
lights
used
as
a
work
light,
alley
16
light,
search
light,
or
takedown
light
are
permitted.
17
The
bill
further
permits
an
authorized
emergency
vehicle
18
primarily
used
as
an
incident
command
vehicle
to
be
equipped
19
with
one
or
more
steady
or
flashing
green
lights.
20
The
bill
also
permits
an
authorized
emergency
medical
21
services
program,
fire
department,
or
law
enforcement
agency
22
to
equip
one
or
more
vehicles
with
an
air
horn.
The
bill
23
requires
such
vehicles
purchased,
delivered,
or
refurbished
on
24
or
after
July
1,
2018,
to
be
equipped
with
a
200-watt
electric
25
or
electronic
siren
capable
of
emitting
at
least
two
distinct
26
siren
tones,
and
one
or
more
compatible
siren
speakers.
27
The
bill
provides
that
an
authorized
emergency
vehicle’s
28
siren,
whistle,
or
bell
shall
not
be
used
except
when
29
the
vehicle
is
operated
in
response
to
an
emergency
call
30
or
incident,
in
response
to
an
incident
dangerous
to
the
31
public,
in
a
parade
or
designated
public
service
event,
for
a
32
demonstration,
for
maintenance,
or
in
the
immediate
pursuit
of
33
an
actual
or
suspected
violator
of
the
law.
The
bill
requires
34
the
driver
of
the
vehicle
to
sound
the
siren,
whistle,
or
bell
35
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when
reasonably
necessary
to
warn
pedestrians
and
other
drivers
1
of
the
approach
of
the
vehicle.
2
By
operation
of
law,
a
violation
of
any
provision
of
Code
3
chapter
321
for
which
a
penalty
is
not
provided
is
a
simple
4
misdemeanor,
punishable
by
a
fine
of
at
least
$65
but
not
to
5
exceed
$625
and
imprisonment
not
to
exceed
30
days.
6
The
bill
includes
in
the
list
of
vehicles
permitted
to
be
7
designated
as
authorized
emergency
vehicles
those
vehicles
8
owned
by
a
chief
or
certified
officer
of
a
volunteer
fire
9
department,
a
fire
department
comprised
of
a
combination
10
of
volunteer
and
paid
members,
or
a
nonprofit
corporation
11
that
delivers
emergency
services;
vehicles
owned
by
a
chief,
12
officer,
or
medical
director
of
an
authorized
emergency
medical
13
service
provider;
and
vehicles
owned
by
a
state
or
county
14
emergency
management
coordinator.
15
The
bill
provides
that
a
certificate
of
designation
as
16
an
authorized
emergency
vehicle
shall
be
valid
for
a
period
17
of
three
years,
and
permits
the
department
of
transportation
18
(DOT)
to
revoke
or
temporarily
suspend
the
designation
due
to
19
abuse,
recklessness,
or
the
fact
that
the
vehicle
has
unsafe
20
equipment.
The
bill
requires
the
DOT
to
create
and
maintain
21
a
database
of
vehicles
designated
as
authorized
emergency
22
vehicles.
23
The
bill
permits
the
operator
of
an
authorized
emergency
24
vehicle,
except
a
towing
and
recovery
vehicle,
to
request
25
reimbursement
from
the
operator’s
employer
or
organization
for
26
which
the
operator
volunteers
for
reasonable
costs
or
expenses
27
incurred
during
the
operation
of
the
vehicle
as
an
authorized
28
emergency
vehicle
on
official
business,
including
fuel
and
29
mileage
reimbursement.
The
bill
prohibits
a
public
or
private
30
employer
from
requiring
an
employee
or
volunteer
to
apply
for
31
or
maintain
a
certificate
of
designation
for
an
authorized
32
emergency
vehicle,
and
from
requiring
a
person
to
operate
or
33
use
an
authorized
emergency
vehicle.
34
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