S.F. 265 Section 1. Section 321.299, Code 2017, is amended to read 1 as follows: 2 321.299 Overtaking a vehicle or bicycle . 3 The following rules shall govern the overtaking and passing 4 of vehicles and bicycles proceeding in the same direction, 5 subject to those limitations, exceptions, and special rules 6 hereinafter stated: 7 1. The driver of a vehicle overtaking another vehicle 8 proceeding in the same direction shall pass to the left of the 9 other vehicle at a safe distance and shall not again drive 10 to the right side of the roadway until safely clear of the 11 overtaken vehicle. 12 2. Except when overtaking and passing on the right is 13 permitted, the driver of an overtaken vehicle shall give way 14 to the right in favor of the overtaking vehicle and shall not 15 increase the speed of the overtaken vehicle until completely 16 passed by the overtaking vehicle. 17 3. The driver of a vehicle overtaking a person riding a 18 bicycle proceeding in the same direction on a roadway shall 19 pass to the left of the bicycle in an adjacent travel lane or 20 on the opposite side of the roadway and shall not again drive 21 to the right side of the roadway until safely clear of the 22 overtaken bicycle in accordance with section 321.281. This 23 subsection shall not apply to a vehicle overtaking a bicycle 24 which is traveling on a paved shoulder or in a lane designated 25 for the travel of bicycles. 26 Sec. 2. Section 321.304, Code 2017, is amended to read as 27 follows: 28 321.304 Prohibited passing. 29 No A vehicle shall not , in overtaking and passing another 30 vehicle , a bicycle, or at any other time, be driven to the left 31 side of the roadway under the following conditions: 32 1. When approaching the crest of a grade or upon a curve 33 in the highway where the driver’s view along the highway is 34 obstructed for a distance of approximately seven hundred feet. 35 -1- LSB 2095XS (2) 87 ns/nh 1/ 5

S.F. 265 2. When approaching within one hundred feet of any narrow 1 bridge, viaduct, or tunnel, when so signposted, or when 2 approaching within one hundred feet of or traversing any 3 intersection or railroad grade crossing. 4 3. Where official signs are in place directing that traffic 5 keep to the right or a distinctive center line or off-center 6 line is marked, which distinctive line also so directs traffic 7 as declared in the sign manual adopted by the department of 8 transportation. This subsection shall not apply to a vehicle 9 overtaking and passing a bicycle, provided the vehicle complies 10 with section 321.303. 11 Sec. 3. Section 321.385A, Code 2017, is amended to read as 12 follows: 13 321.385A Citation for unlighted headlamp, rear lamp, bicycle 14 lamp or reflector, or rear registration plate light. 15 1. a. A citation issued for failure to have headlamps 16 as required under section 321.385 shall first provide for a 17 seventy-two hour seventy-two-hour period within which the 18 person charged with the violation shall replace or repair the 19 headlamp. 20 b. A citation issued for failure to have rear lamps as 21 required under section 321.387 or a rear registration plate 22 light as required under section 321.388 shall first provide for 23 a seventy-two hour seventy-two-hour period within which the 24 person charged with the violation shall replace or repair the 25 lamps or light. 26 c. A citation issued for failure to have a front lamp, rear 27 lamp, or rear reflector on a bicycle or on a bicycle rider 28 as required under section 321.397 shall first provide for a 29 seventy-two-hour period within which the person charged with 30 the violation shall replace or repair the lamp or reflector. 31 2. If the person complies with the directive to replace or 32 repair the headlamp, rear lamps, bicycle lamp or reflector, 33 or rear registration plate light within the allotted time 34 period, the citation shall be expunged. If the person fails to 35 -2- LSB 2095XS (2) 87 ns/nh 2/ 5

S.F. 265 comply within the allotted time period, the citation shall be 1 processed in the same manner as other citations. 2 3. A citation issued under this section shall include 3 a written notice of replacement or repair which shall 4 indicate the date of replacement or repair and the manner in 5 which the replacement or repair occurred and which shall be 6 returned to the issuing authority within the seventy-two hour 7 seventy-two-hour time period. 8 Sec. 4. Section 321.397, Code 2017, is amended to read as 9 follows: 10 321.397 Lamps on bicycles. 11 Every At the times specified in section 321.384, every 12 bicycle shall be equipped with a lamp on the front exhibiting 13 a steady or flashing white light , at the times specified in 14 section 321.384 , visible from a distance of at least three 15 hundred feet to the front , and every bicycle or bicycle rider 16 shall be equipped with a lamp on the rear exhibiting a steady 17 or flashing red light visible from a distance of three hundred 18 feet to the rear ; except that . However, a local authority may 19 authorize a red reflector may to be used in lieu of a rear light 20 in accordance with section 321.236, subsection 10 . A peace 21 officer riding a police bicycle is not required to use either 22 front or rear lamps or a rear reflector if duty so requires. 23 Sec. 5. Section 321.423, subsection 2, Code 2017, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . k. A flashing white or red light equipped on 26 a bicycle operating on a highway pursuant to section 321.397 27 is permitted. 28 Sec. 6. Section 321.423, subsection 7, paragraph a, 29 unnumbered paragraph 1, Code 2017, is amended to read as 30 follows: 31 Except as provided in section 321.373, subsection 7 , and 32 subsection 2 , paragraphs “c” , and “i” , and “k” of this section , 33 a flashing white light shall only be used on a vehicle in the 34 following circumstances: 35 -3- LSB 2095XS (2) 87 ns/nh 3/ 5

S.F. 265 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill amends Code section 321.299 to require the driver 4 of a vehicle overtaking a person riding a bicycle proceeding 5 in the same direction on a roadway to pass to the left of the 6 bicycle in an adjacent travel lane or on the opposite side of 7 the roadway, and prohibits the driver from returning to the 8 right side of the roadway until safely clear of the overtaken 9 bicycle in accordance with Code section 321.281. Code section 10 321.281 prohibits a person operating a vehicle from steering 11 the vehicle unreasonably close to or toward a person riding 12 a bicycle on a highway. This provision of the bill does not 13 apply if the bicycle is traveling on a paved shoulder or in a 14 lane designated for the travel of bicycles. 15 A violation of Code section 321.281 is punishable by a 16 scheduled fine of $250 and a violation of Code section 321.299 17 is punishable by a scheduled fine of $100. However, if a 18 violation of Code section 321.299 causes a serious injury, 19 a court could impose an additional fine of $500 or suspend 20 the person’s driver’s license for not more than 90 days, or 21 both. If the violation causes a death, a court could impose 22 an additional fine of $1,000 or suspend the person’s driver’s 23 license for not more than 180 days, or both. 24 Under Code section 321.234, a person riding a bicycle on the 25 highway is subject to the provisions of Code chapter 321 (motor 26 vehicles and law of the road) and has all the rights and duties 27 applicable to the driver of a vehicle. Under Code section 28 321.304, the bill specifies that a vehicle is prohibited from 29 overtaking and passing a bicycle when approaching the crest of 30 a grade or upon a curve in the highway where the driver’s view 31 along the highway is obstructed for a distance of approximately 32 700 feet; when approaching within 100 feet of any narrow 33 bridge, viaduct, or tunnel; or when approaching within 100 feet 34 of or traversing any intersection or railroad grade crossing. 35 -4- LSB 2095XS (2) 87 ns/nh 4/ 5

S.F. 265 However, the bill provides that a vehicle may pass a bicycle 1 where official signs are in place directing that traffic keep 2 to the right or a distinctive center line or off-center line is 3 marked, provided the vehicle complies with current requirements 4 for overtaking on the left. 5 A violation of Code section 321.304 is punishable by a 6 scheduled fine of $100. However, if the violation causes a 7 serious injury, a court could impose an additional fine of $500 8 or suspend the person’s driver’s license for not more than 90 9 days, or both. If the violation causes a death, a court could 10 impose an additional fine of $1,000 or suspend the person’s 11 driver’s license for not more than 180 days, or both. 12 Current law requires a bicycle to have a front lighted lamp 13 and either a rear lighted lamp or a rear reflector at any time 14 from sunset to sunrise, and at such other times when conditions 15 such as fog, snow, sleet, or rain provide insufficient lighting 16 to render clearly discernible persons and vehicles on the 17 highway at a distance of 500 feet ahead. 18 During the periods of time stated above, the bill instead 19 requires a bicycle to be equipped with a lamp on the front 20 exhibiting a steady or flashing white light visible from a 21 distance of at least 300 feet to the front, and every bicycle 22 or bicycle rider to be equipped with a lamp exhibiting a steady 23 or flashing red light visible from a distance of 300 feet to 24 the rear. However, the bill provides that a local authority 25 may authorize a red reflector to be used in lieu of a rear 26 light. 27 The scheduled fine for a violation of this provision is 28 $25. However, the bill provides that a citation issued for 29 failure to have a front lamp, rear lamp, or rear reflector on a 30 bicycle or on a bicycle rider must first provide for a 72-hour 31 period within which the person charged with the violation 32 shall replace or repair the lamp or reflector. If the person 33 complies with the directive to replace or repair the bicycle 34 lamp or reflector, the citation must be expunged. 35 -5- LSB 2095XS (2) 87 ns/nh 5/ 5