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 rules hereinafter stated
  1 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 left thereof of 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 of such vehicles the
  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  7    No A 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 giving a clearly audible
  2 10 signal by sounding the horn if any pedestrian may be affected
  2 11 by such movement or after giving an appropriate signal in the
  2 12 manner hereinafter provided 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 herein Signals 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 21    1.  a.  Left turn == Hand and arm extended horizontally.
  2 22    2.  b.  Right turn == Hand and arm extended upward.
  2 23    3.  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 stop such the
  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 15    2.  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 on said the highway and
  3 18 shall yield the right=of=way to all bicycles or vehicles
  3 19 approaching on said the 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