Text: HF02186 Text: HF02188 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.372A, unnumbered paragraph 2, Code 1 2 2001, is amended to read as follows: 1 3 Not more than seven calendar days after receiving a report 1 4 of a violation of section 321.372, subsection 3, from a school 1 5 bus driver or a school official, the peace officer shall 1 6 initiate an investigation of the reported violation and 1 7 contact the owner of the motor vehicle involved in the 1 8 reported violation and request that the owner supply 1 9 information identifying the driver in accordance with section 1 10 321.484. If, from the investigation, the peace officer is 1 11 able to identify the driver and has reasonable cause to 1 12 believe a violation of section 321.372, subsection 3, has 1 13 occurred, the peace officer shall prepare a uniform traffic 1 14 citation for the violation and shall serve it personally or by 1 15 certified mailtoon the driver of the vehicle or if the 1 16 driver cannot be identified, on the registered owner of the 1 17 vehicle. 1 18 In a proceeding involving a violation of section 321.372, 1 19 subsection 3, where the peace officer has not been able to 1 20 identify the driver of the vehicle involved in the violation, 1 21 proof that the vehicle described in the uniform traffic 1 22 citation or complaint was used in the violation, together with 1 23 proof that the defendant named in the uniform traffic citation 1 24 or complaint was the registered owner of the vehicle at the 1 25 time of the violation, constitutes a rebuttable presumption 1 26 that the registered owner was the driver of the vehicle at the 1 27 time of the violation. 1 28 EXPLANATION 1 29 This bill provides that when there is a violation of the 1 30 requirement to obey a school bus warning device for which the 1 31 driver of the vehicle cannot be identified, the citation shall 1 32 be served on the owner of the vehicle. The bill provides a 1 33 rebuttable presumption that the registered owner of the 1 34 vehicle involved in the violation was the driver of the 1 35 vehicle at the time of the violation if the registered owner 2 1 of the vehicle is the defendant named in the citation or 2 2 complaint. 2 3 LSB 5776HH 79 2 4 av/sh/8
Text: HF02186 Text: HF02188 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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