SF 389 (LSB 1079XS (6) 88)

SENATE FILE 389

BY  CHAPMAN

A BILL FOR

An Act relating to the operation of motor vehicles in the left-most lane of certain roadways, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.233, Code 2019, is amended to read as follows:
   321.233  Road workers exempted.
   This chapter, except sections 321.277 and 321.280, does not apply to persons and motor vehicles and other equipment while actually engaged in work upon the surface of a highway officially closed to traffic but does apply to such persons and vehicles when traveling to or from such work. The minimum speed restriction of section 321.285, subsection 5, and the provisions of sections 321.297, and 321.298, section 321.299, subsection 3, and section 321.323 do not apply to road workers operating maintenance equipment on behalf of any state or local authority while engaged in road maintenance, road blading, snow and ice control and removal, and granular resurfacing work on a highway, whether or not the highway is closed to traffic.
    Sec. 2.  Section 321.299, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  a.  Notwithstanding the exception in subsection 2, a person operating a motor vehicle in the left-most lane of a roadway who knows or reasonably should know that another vehicle is overtaking the person’s vehicle from the rear shall not continue to operate the vehicle in the left-most lane and shall make a lane change into the lane to the immediate right of the left-most lane. This subsection applies to persons operating motor vehicles on roadways having two or more lanes designated for traffic traveling in one direction and two or more lanes designated for traffic traveling in the opposite direction. For purposes of this subsection, “left-most lane” means the lane of a roadway designated for traffic traveling in any one direction that is farthest to the left, and does not include any lane designated for traffic traveling in the opposite direction.
   b.  This subsection does not apply under any of the following circumstances:
   (1)  When the person is overtaking or passing another vehicle operating in the lane to the immediate right of the left-most lane.
   (2)  When traffic conditions, inclement weather, obstructions, or hazards make it necessary to operate the vehicle in the left-most lane.
   (3)  When a law, regulation, ordinance, official traffic-control device, or direction from a peace officer requires the person to operate the vehicle in the left-most lane.
   (4)  When the person is exiting the roadway or turning to the left in compliance with this chapter.
   (5)  When the person is operating an authorized emergency vehicle in the course of the person’s duties.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, Code section 321.297 requires a vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing to be driven in the right-hand lane then available for traffic upon all roadways, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn. Code section 321.299 requires the driver of a vehicle being overtaken by another vehicle proceeding in the same direction to give way to the right in favor of the overtaking vehicle and prohibits the driver from increasing the speed of the overtaken vehicle until completely passed by the overtaking vehicle. This provision does not apply when overtaking and passing on the right is permitted. Code section 321.302 authorizes overtaking and passing on the right on roadways of sufficient width for two or more lines of traffic moving in the same direction when the overtaken vehicle is making or about to make a left turn. Code section 321.302 also authorizes overtaking and passing on the right on roadways of sufficient width for four or more lines of moving traffic. 
   This bill prohibits a person operating a motor vehicle in the left-most lane of a roadway who knows or reasonably should know that another vehicle is overtaking the person’s vehicle from the rear from continuing to operate the vehicle in the left-most lane and requires the person to make a lane change into the lane to the immediate right of the left-most lane. The exception to Code section 321.299(2), allowing the driver of an overtaken vehicle to fail to give way to the right in favor of the overtaking vehicle when overtaking and passing on the right is permitted, is not applicable to the provisions of the bill. The bill applies to persons operating motor vehicles on roadways having two or more lanes designated for traffic traveling in one direction and two or more lanes designated for traffic traveling in the opposite direction. For purposes of the bill, “left-most lane” means the lane of a roadway designated for traffic traveling in any one direction that is farthest to the left, and does not include any lane designated for traffic traveling in the opposite direction.
   The bill exempts persons from the requirements of the bill under certain circumstances, including when the person is overtaking or passing another vehicle operating in the lane to the immediate right of the left-most lane; when traffic conditions, inclement weather, obstructions, or hazards make it necessary to operate the vehicle in the left-most lane; when a law, regulation, ordinance, official traffic-control device, or direction from a peace officer requires the person to operate the vehicle in the left-most lane; when the person is exiting the roadway or turning to the left; when the person is operating an authorized emergency vehicle in the course of the person’s duties; and when road workers are operating maintenance equipment on behalf of any state or local authority while engaged in road maintenance, road blading, snow and ice control and removal, and granular resurfacing work on a highway.
   By operation of law, a violation of the bill is punishable by a scheduled fine of $100. The violation is also subject to additional penalties under Code section 321.482A if the violation causes serious injury or death. For a violation causing serious injury, the additional penalties include a fine of $500 or suspension of the violator’s driver’s license and operating privileges for not more than 90 days, or both. For a violation causing death, the additional penalties include a fine of $1,000 or suspension of the violator’s driver’s license or operating privileges for not more than 180 days, or both.