Text: SF02153 Text: SF02155 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 SENATE FILE 2154
1 2
1 3 AN ACT
1 4 RELATING TO PARTIES TO WHOM TRAFFIC CITATIONS ARE ISSUED FOR
1 5 FAILURE TO OBEY SCHOOL BUS WARNING DEVICES.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. Section 321.372A, Code 2003, is amended to read
1 10 as follows:
1 11 321.372A PROMPT INVESTIGATION OF REPORTED VIOLATION OF
1 12 FAILING TO OBEY SCHOOL BUS WARNING DEVICES – CITATION ISSUED
1 13 TO DRIVER OR OWNER.
1 14 1. The driver of a school bus who observes a violation of
1 15 section 321.372, subsection 3, may prepare a written report on
1 16 a form provided by the department of public safety indicating
1 17 that a violation has occurred. The school bus driver or a
1 18 school official may deliver the report not more than seventy-
1 19 two hours after the violation occurred to a peace officer of
1 20 the state or a peace officer of the county or municipality in
1 21 which the violation occurred. The report shall state the time
1 22 and the location at which the violation occurred and shall
1 23 include the registration plate number and a description of the
1 24 vehicle involved in the violation.
1 25 2. Not more than seven calendar days after receiving a
1 26 report of a violation of section 321.372, subsection 3, from a
1 27 school bus driver or a school official, the peace officer
1 28 shall initiate an investigation of the reported violation and
1 29 contact the owner of the motor vehicle involved in the
1 30 reported violation and request that the owner supply
1 31 information identifying the driver in accordance with section
1 32 321.484.
1 33 a. If, from the investigation, the peace officer is able
1 34 to identify the driver and has reasonable cause to believe a
1 35 violation of section 321.372, subsection 3, has occurred, the
2 1 peace officer shall prepare a uniform traffic citation for the
2 2 violation and shall serve it personally or by certified mail
2 3 to the driver of the vehicle.
2 4 b. If, from the investigation, the peace officer has
2 5 reasonable cause to believe that a violation of section
2 6 321.372, subsection 3, occurred but is unable to identify the
2 7 driver, the peace officer shall serve a uniform traffic
2 8 citation for the violation to the owner of the motor vehicle.
2 9 Notwithstanding section 321.484, in a proceeding where the
2 10 peace officer who conducted the investigation was not able to
2 11 identify the driver of the motor vehicle, proof that the motor
2 12 vehicle described in the uniform traffic citation was used to
2 13 commit the violation of section 321.372, subsection 3,
2 14 together with proof that the defendant named in the citation
2 15 was the registered owner of the motor vehicle at the time the
2 16 violation occurred, constitutes a permissible inference that
2 17 the registered owner was the driver who committed the
2 18 violation.
2 19
2 20
2 21
2 22 JEFFREY M. LAMBERTI
2 23 President of the Senate
2 24
2 25
2 26
2 27 CHRISTOPHER C. RANTS
2 28 Speaker of the House
2 29
2 30 I hereby certify that this bill originated in the Senate and
2 31 is known as Senate File 2154, Eightieth General Assembly.
2 32
2 33
2 34
2 35 MICHAEL E. MARSHALL
3 1 Secretary of the Senate
3 2 Approved , 2004
3 3
3 4
3 5
3 6 THOMAS J. VILSACK
3 7 Governor
Text: SF02153 Text: SF02155 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2004 Cornell College and League of Women Voters of Iowa
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