SF 51 (LSB 1547SS (2) 88)

SENATE FILE 51

BY  WHITING

A BILL FOR

An Act relating to lighted lamps on bicycles and bicycle riders, making penalties applicable, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.385A, Code 2019, is amended to read as follows:
   321.385A  Citation for unlighted headlamp, rear lamp, or rear registration plate light, or bicycle lamp.
   1.  a.  A citation issued for failure to have headlamps as required under section 321.385 shall first provide for a seventy-two hour seventy-two-hour period within which the person charged with the violation shall replace or repair the headlamp. 
   b.  A citation issued for failure to have rear lamps as required under section 321.387 or a rear registration plate light as required under section 321.388 shall first provide for a seventy-two hour seventy-two-hour period within which the person charged with the violation shall replace or repair the lamps or light.
   c.  A citation issued for failure to have a front or rear lamp on a bicycle or on a bicycle rider as required under section 321.397 shall first provide for a seventy-two-hour period within which the person charged with the violation shall replace or repair the lamp.
   2.  If the person complies with the directive to replace or repair the headlamp, rear lamps, or rear registration plate light, or bicycle lamp within the allotted time period, the citation shall be expunged. If the person fails to comply within the allotted time period, the citation shall be processed in the same manner as other citations.
   3.  A citation issued under this section shall include a written notice of replacement or repair which shall indicate the date of replacement or repair and the manner in which the replacement or repair occurred and which shall be returned to the issuing authority within the seventy-two hour seventy-two-hour time period.
    Sec. 2.  Section 321.397, Code 2019, is amended to read as follows:
   321.397  Lamps on bicycles.
   Every At the times specified in section 321.384, every bicycle or bicycle rider shall be equipped with a lamp on the front exhibiting a white light, at the times specified in section 321.384, visible from a distance of at least three hundred feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of three hundred feet to the rear; except that a red reflector may be used in lieu of a rear light. A peace officer riding a police bicycle is not required to use either front or rear lamps if duty so requires.
    Sec. 3.  EFFECTIVE DATE.  This Act takes effect January 1, 2020.
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 a bicycle to have a front lighted lamp and either a rear lighted lamp or a rear reflector at any time from sunset to sunrise, and at such other times when conditions such as fog, snow, sleet, or rain provide insufficient lighting to render clearly discernible persons and vehicles on the highway at a distance of 500 feet ahead.
   This bill requires every bicycle or bicycle rider to have a front and rear lighted lamp during the stated periods of time, and strikes the provision allowing a bicycle or bicycle rider to equip a rear reflector in lieu of the rear lighted lamp. The scheduled fine for violating this provision is $25. However, the bill provides that a citation issued for failure to have a front lamp or rear lamp on a bicycle or on a bicycle rider must first provide for a 72-hour period within which the person charged with the violation shall replace or repair the lamp. If the person complies with the directive to replace or repair the lamp, the citation must be expunged.
   The bill takes effect January 1, 2020.