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House File 2568 - IntroducedA Bill ForAn Act 1relating to nonvehicular traffic, including pedestrian
2conveyances and bicyclists’ right-of-way at certain
3crosswalks, and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.1, subsection 51, Code 2024, is
2amended to read as follows:
351. “Pedestrian” means any a person afoot or a person using
4a pedestrian conveyance.
5 Sec. 2. Section 321.1, Code 2024, is amended by adding the
6following new subsection:
7 NEW SUBSECTION. 51A. “Pedestrian conveyance” means any
8human-powered device by which a pedestrian may move other
9than by walking or by which a pedestrian may move another
10person, including but not limited to a wheelchair, stroller,
11skateboard, scooter, or other similar device. “Pedestrian
12conveyance” also includes an electric personal assistive
13mobility device and any other device used to move a person
14sitting or standing on the device regardless of whether the
15device is powered by an electric motor, so long as the electric
16motor produces less than seven hundred fifty watts. “Pedestrian
17conveyance” does not include a bicycle.
18 Sec. 3. Section 321.1, subsection 90, paragraph a, Code
192024, is amended to read as follows:
20a. Any device moved by human power, including a low-speed
21electric bicycle and a pedestrian conveyance.
22 Sec. 4. Section 321.235A, subsection 2, paragraphs a and b,
23Code 2024, are amended to read as follows:
24a. Yield the right-of-way to other pedestrians and
25human-powered devices.
26b. Give an audible signal before overtaking and passing a
27pedestrian or human-powered device.
28 Sec. 5. Section 321.327, subsection 1, Code 2024, is amended
29to read as follows:
301. Where traffic-control signals are not in place
31or in operation, the driver of a vehicle shall yield the
32right-of-way, slowing down or stopping if need be to so yield,
33to a pedestrian or a person riding a bicycle crossing the
34roadway within any marked crosswalk or within any unmarked
35crosswalk at an intersection, except as otherwise provided in
-1-1this chapter.
2 Sec. 6. Section 321.366, subsection 1, paragraph g, Code
32024, is amended to read as follows:
4g. Operate Ride a bicycle, skateboard, or other use a
5 pedestrian conveyance, or be a pedestrian, anywhere on a fully
6controlled-access facility. For purposes of this paragraph,
7“pedestrian conveyance” means any human-powered device by which
8a pedestrian may move other than by walking or by which a
9walking person may move another pedestrian, including but not
10limited to strollers and wheelchairs.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to laws applicable to nonvehicular
15traffic.
16Under current law, for purposes of Code chapter 321 (motor
17vehicles and law of the road), “pedestrian” means any person
18afoot. The bill amends the definition to include a person
19using a pedestrian conveyance, as defined in the bill. In
20addition to devices moved by human-power, electric personal
21assistive mobility devices (Code section 321.1(20B)) and
22electric-powered devices that produce less than 750 watts are
23specifically included as a pedestrian conveyance. However,
24bicycles are not considered a pedestrian conveyance.
25The bill strikes a conflicting definition of pedestrian
26conveyance in Code section 321.366.
27In Code chapter 321, the term “pedestrian” is used for
28purposes relating to required driver education awareness
29instruction, official traffic-control signals directing
30pedestrian traffic, and requirements for persons operating a
31motor vehicle to yield or give signals to pedestrians.
32Code sections 321.325 through 321.340 provide pedestrians’
33rights and duties, which are applicable to persons using
34pedestrian conveyances under the bill. Pursuant to current
35law, generally, a person who commits a prohibited action
-2-1against a pedestrian is guilty of a simple misdemeanor
2punishable by a $35 scheduled fine (Code section 805.8A(9)).
3Under current law, a person riding a bicycle (bicyclist) on
4a highway is subject to the provisions of Code chapter 321 and
5has all the rights and duties applicable to a driver, except
6those provisions which by their nature have no application
7and those provisions for which specific exceptions have been
8set forth regarding police bicycles (Code section 321.234).
9In addition, current law penalizes certain actions against
10bicyclists, such as steering a vehicle unreasonably close to
11the bicyclist or projecting an object at the bicyclist (Code
12section 321.281).
13The bill requires a driver to yield the right-of-way to a
14bicyclist crossing the roadway within any marked crosswalk,
15or within any unmarked crosswalk at an intersection, in
16the same manner required when yielding to pedestrians where
17traffic-control signals are not in place or in operation.
18A driver who fails to yield the right-of-way to a bicyclist
19when required commits a simple misdemeanor punishable by a
20$135 scheduled fine. By operation of law, if the violation
21causes a serious injury, a court could impose an additional
22fine of $500 or suspend the person’s driver’s license for not
23more than 90 days, or both. If the violation causes a death, a
24court could impose an additional fine of $1,000 or suspend the
25person’s driver’s license for not more than 180 days, or both
26(Code section 321.482A). The penalties for certain violations
27against pedestrians, including persons using a pedestrian
28conveyance, are also enhanced under Code section 321.482A if
29the violation causes serious injury or death.
-3-th/ns
2conveyances and bicyclists’ right-of-way at certain
3crosswalks, and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.1, subsection 51, Code 2024, is
2amended to read as follows:
351. “Pedestrian” means any a person afoot or a person using
4a pedestrian conveyance.
5 Sec. 2. Section 321.1, Code 2024, is amended by adding the
6following new subsection:
7 NEW SUBSECTION. 51A. “Pedestrian conveyance” means any
8human-powered device by which a pedestrian may move other
9than by walking or by which a pedestrian may move another
10person, including but not limited to a wheelchair, stroller,
11skateboard, scooter, or other similar device. “Pedestrian
12conveyance” also includes an electric personal assistive
13mobility device and any other device used to move a person
14sitting or standing on the device regardless of whether the
15device is powered by an electric motor, so long as the electric
16motor produces less than seven hundred fifty watts. “Pedestrian
17conveyance” does not include a bicycle.
18 Sec. 3. Section 321.1, subsection 90, paragraph a, Code
192024, is amended to read as follows:
20a. Any device moved by human power, including a low-speed
21electric bicycle and a pedestrian conveyance.
22 Sec. 4. Section 321.235A, subsection 2, paragraphs a and b,
23Code 2024, are amended to read as follows:
24a. Yield the right-of-way to other pedestrians and
25human-powered devices.
26b. Give an audible signal before overtaking and passing a
27pedestrian or human-powered device.
28 Sec. 5. Section 321.327, subsection 1, Code 2024, is amended
29to read as follows:
301. Where traffic-control signals are not in place
31or in operation, the driver of a vehicle shall yield the
32right-of-way, slowing down or stopping if need be to so yield,
33to a pedestrian or a person riding a bicycle crossing the
34roadway within any marked crosswalk or within any unmarked
35crosswalk at an intersection, except as otherwise provided in
-1-1this chapter.
2 Sec. 6. Section 321.366, subsection 1, paragraph g, Code
32024, is amended to read as follows:
4g. Operate Ride a bicycle, skateboard, or other use a
5 pedestrian conveyance, or be a pedestrian, anywhere on a fully
6controlled-access facility. For purposes of this paragraph,
7“pedestrian conveyance” means any human-powered device by which
8a pedestrian may move other than by walking or by which a
9walking person may move another pedestrian, including but not
10limited to strollers and wheelchairs.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to laws applicable to nonvehicular
15traffic.
16Under current law, for purposes of Code chapter 321 (motor
17vehicles and law of the road), “pedestrian” means any person
18afoot. The bill amends the definition to include a person
19using a pedestrian conveyance, as defined in the bill. In
20addition to devices moved by human-power, electric personal
21assistive mobility devices (Code section 321.1(20B)) and
22electric-powered devices that produce less than 750 watts are
23specifically included as a pedestrian conveyance. However,
24bicycles are not considered a pedestrian conveyance.
25The bill strikes a conflicting definition of pedestrian
26conveyance in Code section 321.366.
27In Code chapter 321, the term “pedestrian” is used for
28purposes relating to required driver education awareness
29instruction, official traffic-control signals directing
30pedestrian traffic, and requirements for persons operating a
31motor vehicle to yield or give signals to pedestrians.
32Code sections 321.325 through 321.340 provide pedestrians’
33rights and duties, which are applicable to persons using
34pedestrian conveyances under the bill. Pursuant to current
35law, generally, a person who commits a prohibited action
-2-1against a pedestrian is guilty of a simple misdemeanor
2punishable by a $35 scheduled fine (Code section 805.8A(9)).
3Under current law, a person riding a bicycle (bicyclist) on
4a highway is subject to the provisions of Code chapter 321 and
5has all the rights and duties applicable to a driver, except
6those provisions which by their nature have no application
7and those provisions for which specific exceptions have been
8set forth regarding police bicycles (Code section 321.234).
9In addition, current law penalizes certain actions against
10bicyclists, such as steering a vehicle unreasonably close to
11the bicyclist or projecting an object at the bicyclist (Code
12section 321.281).
13The bill requires a driver to yield the right-of-way to a
14bicyclist crossing the roadway within any marked crosswalk,
15or within any unmarked crosswalk at an intersection, in
16the same manner required when yielding to pedestrians where
17traffic-control signals are not in place or in operation.
18A driver who fails to yield the right-of-way to a bicyclist
19when required commits a simple misdemeanor punishable by a
20$135 scheduled fine. By operation of law, if the violation
21causes a serious injury, a court could impose an additional
22fine of $500 or suspend the person’s driver’s license for not
23more than 90 days, or both. If the violation causes a death, a
24court could impose an additional fine of $1,000 or suspend the
25person’s driver’s license for not more than 180 days, or both
26(Code section 321.482A). The penalties for certain violations
27against pedestrians, including persons using a pedestrian
28conveyance, are also enhanced under Code section 321.482A if
29the violation causes serious injury or death.
-3-th/ns