Senate File 117 - Reprinted SENATE FILE BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SF 34) (COMPANION TO HF 128) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the operation of bicycles on a street or 2 highway, providing requirements for motor vehicle operators 3 encountering other vehicles or bicycles, and providing 4 penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1600SV 83 7 dea/nh/14 PAG LIN 1 1 Section 1. NEW SECTION. 321.297A USE OF TRAFFIC LANES BY 1 2 BICYCLES. 1 3 1. A vehicle shall not be operated in a manner depriving a 1 4 bicycle operator of the full use of a lane if the lane is of 1 5 insufficient width for the vehicle and a bicycle to share. 1 6 2. A violation of this section is a simple misdemeanor 1 7 punishable as a scheduled violation under section 805.8A, 1 8 subsection 6, paragraph "b". 1 9 Sec. 2. Section 321.299, Code 2009, is amended to read as 1 10 follows: 1 11 321.299 OVERTAKING A VEHICLE OR BICYCLE. 1 12 The following rules shall govern the overtaking and passing 1 13 of vehicles proceeding in the same direction, subject to those 1 14 limitations, exceptions, and special ruleshereinafter stated1 15 otherwise provided in this chapter: 1 16 1. The driver of a vehicle overtaking another vehicle or a 1 17 bicycle proceeding in the same direction shall pass to the 1 18 leftthereofof the vehicle or bicycle at a safe distance and 1 19 shall not again drive to the right side of the roadway until 1 20 safely clear of the overtaken vehicle or bicycle. 1 21 2. Except when overtaking and passing on the right is 1 22 permitted, the driver of an overtaken vehicle shall give way 1 23 to the right in favor of the overtaking vehicle and shall not 1 24 increase the speed of the overtaken vehicle until completely 1 25 passed by the overtaking vehicle. 1 26 3. When a vehicle is overtaking and passing another 1 27 vehicle or a bicycle, the operator of the overtaking vehicle 1 28 shall maintain a distance of not less than five feet from the 1 29 other vehicle or bicycle. This subsection does not apply to a 1 30 farm tractor or fence=line feeder. 1 31 Sec. 3. Section 321.307, Code 2009, is amended to read as 1 32 follows: 1 33 321.307 FOLLOWING TOO CLOSELY. 1 34 The driver of a motor vehicle shall not follow another 1 35 vehicle or a bicycle more closely than is reasonable and 2 1 prudent, having due regard for the speed ofsuch vehiclesthe 2 2 vehicle or bicycle and the traffic upon and the condition of 2 3 the highway. 2 4 Sec. 4. Section 321.314, Code 2009, is amended to read as 2 5 follows: 2 6 321.314 WHEN SIGNAL REQUIRED. 2 7NoA person shall not turn a vehicle from a direct course 2 8 upon a highway unless and until such movement can be made with 2 9 reasonable safety and then only after givinga clearly audible 2 10 signal by sounding the horn if any pedestrian may be affected 2 11 by such movement or after givingan appropriate signal in the 2 12 mannerhereinafterprovided in this chapter in the event any 2 13 other vehicle may be affected by such movement. 2 14 Sec. 5. Section 321.318, Code 2009, is amended to read as 2 15 follows: 2 16 321.318 METHOD OF GIVING HAND AND ARM SIGNALS. 2 17 1.All signals hereinSignals required under this chapter 2 18 which may be given by hand and arm shall when so given be 2 19 given from the left side of the vehicle, and the following 2 20 manner and interpretation thereof is suggested: 2 211.a. Left turn == Hand and arm extended horizontally. 2 222.b. Right turn == Hand and arm extended upward. 2 233.c. Stop or decrease of speed == Hand and arm extended 2 24 downward. 2 25 2. A person operating a bicycle may signal a right turn 2 26 with the left hand and arm extended upward or with the right 2 27 hand and arm extended horizontally. 2 28 Sec. 6. Section 321.353, Code 2009, is amended to read as 2 29 follows: 2 30 321.353 STOP BEFORE CROSSING SIDEWALK OR RECREATION TRAIL 2 31 == RIGHT=OF=WAY. 2 32 1. The driver of a vehicle emerging from a private 2 33 roadway, alley, driveway, or building shall stopsuchthe 2 34 vehicle immediately prior to driving onto the sidewalk area 2 35 and thereafter the driver shall proceed into the sidewalk area 3 1 only when the driver can do so without danger to pedestrian or 3 2 bicycle traffic, and the driver shall yield the right=of=way 3 3 to any bicycle or vehicular traffic on the street into which 3 4 the driver's vehicle is entering. 3 5 2. Except where a sign posted by state or local 3 6 authorities requires recreation trail users to yield to cross 3 7 traffic, the driver of a vehicle emerging from a private 3 8 roadway, alley, driveway, or building shall stop the vehicle 3 9 immediately prior to driving onto a recreation trail area and 3 10 thereafter the driver shall proceed into the recreation trail 3 11 area only when the driver can do so without danger to 3 12 pedestrian or bicycle traffic. The driver shall yield the 3 13 right=of=way to any bicycle or vehicular traffic on the street 3 14 into which the driver's vehicle is entering. 3 152.3. The driver of a vehicle about to enter or cross a 3 16 highway from a private road or driveway shall stop such 3 17 vehicle immediately prior to driving onsaidthe highway and 3 18 shall yield the right=of=way to all bicycles or vehicles 3 19 approaching onsaidthe highway. 3 20 Sec. 7. NEW SECTION. 321.371A OPENING DOOR OF PARKED 3 21 VEHICLE. 3 22 A person shall not open the door of a vehicle on the side 3 23 available to moving traffic unless it is reasonably safe to do 3 24 so and can be done without interfering with the movement of 3 25 traffic. A person shall not leave the door of a vehicle open 3 26 on the side of the vehicle available to moving traffic for a 3 27 period of time longer than necessary to load or unload 3 28 passengers or cargo. 3 29 Sec. 8. Section 321.482A, unnumbered paragraph 1, Code 3 30 2009, is amended to read as follows: 3 31 Notwithstanding section 321.482, a person who is convicted 3 32 of operating a motor vehicle in violation of section 321.275, 3 33 subsection 4, section 321.297, 321.297A, 321.298, 321.299, 3 34 321.302, 321.303, 321.304, 321.305, 321.306, 321.307, 321.308, 3 35 section 321.309, subsection 2, or section 321.311, 321.319, 4 1 321.320, 321.321, 321.322, 321.323, 321.323A, 321.324, 4 2 321.324A, 321.327, 321.329, or 321.333, or a person who is 4 3 convicted of a violation of section 321.371A, causing serious 4 4 injury to or the death of another person may be subject to the 4 5 following penalties in addition to the penalty provided for a 4 6 scheduled violation in section 805.8A or any other penalty 4 7 provided by law: 4 8 Sec. 9. Section 805.8A, subsection 6, paragraph b, Code 4 9 2009, is amended to read as follows: 4 10 b. For violations under section 321.275, subsections 1 4 11 through 7, sections 321.277A, 321.297A, 321.315, 321.316, 4 12 321.318, 321.363, and 321.365, the scheduled fine is 4 13 twenty=five dollars. 4 14 Sec. 10. Section 805.8A, subsection 14, Code 2009, is 4 15 amended by adding the following new paragraph: 4 16 NEW PARAGRAPH. j. OPEN DOOR VIOLATIONS. For a violation 4 17 under section 321.371A, the scheduled fine is thirty=five 4 18 dollars. 4 19 SF 117 4 20 dea/nh/jh/26