HF 2040 (LSB 5737HH (2) 88)

HOUSE FILE 2040

BY  WOLFE

A BILL FOR

An Act relating to the overtaking and passing of bicycles by motor vehicles, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.299, Code 2020, 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 does 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 2020, 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 does not apply to a vehicle overtaking and passing a bicycle, provided the vehicle complies with the limitations set forth in section 321.303.
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.