SF 2016 (LSB 5539SS (4) 88)

SENATE FILE 2016

BY  WHITING

A BILL FOR

An Act relating to motor vehicles approaching a stationary authorized emergency vehicle displaying flashing lights, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.323A, subsection 1, Code 2020, is amended to read as follows:
   1.  The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing lights, as permitted under section 321.423, shall approach the authorized emergency vehicle with due caution and shall proceed in one take all of the following manners actions, absent any other direction by a peace officer:
   a.  Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety road and traffic conditions, unless the lane change would be impossible, prohibited by law, or unsafe.
   b.  If a lane change under paragraph “a” would be impossible, prohibited by law, or unsafe, reduce Reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be at least twenty miles per hour less than the posted speed limit, and be prepared to stop.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Current law requires an operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing lights to approach the authorized emergency vehicle with due caution and, absent any other direction by a peace officer, to either make a lane change into a lane not adjacent to the authorized emergency vehicle or, if doing so would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to less than the posted speed limit and be prepared to stop. 
   This bill instead requires the operator, regardless of whether the operator makes a lane change into a lane not adjacent to the authorized emergency vehicle, to reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be at least 20 miles per hour less than the posted speed limit, and be prepared to stop. 
   By operation of law, a violation of the bill is a simple misdemeanor punishable by a scheduled fine of $100. A violation that results in an accident causing bodily injury to another person is subject to an additional fine of $500, and a violation that results in an accident causing the death of another person is subject to an additional fine of $1,000. Lastly, a violation that results in an accident causing damage to the property of another person or bodily injury to or the death of another person is punishable by the suspension of the violator’s driver’s license for certain periods depending on the violation.