House Amendment 8254 PAG LIN 1 1 Amend Senate File 117, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. By striking everything after the enacting clause 1 4 and inserting: 1 5 <Section 1. Section 321.234, subsection 2, Code 1 6 2009, is amended to read as follows: 1 7 2. A person, including a peace officer, riding a 1 8 bicycle on the highway is subject to the provisions of 1 9 this chapter and has all the rights and duties under 1 10 this chapter applicable to the driver of a vehicle, 1 11 including but not limited to the duty to obey traffic 1 12 signs and signals, except those provisions of this 1 13 chapter which by their nature can have no application 1 14 or those provisions for which specific exceptions have 1 15 been set forth regarding police bicycles. 1 16 Sec. 2. NEW SECTION. 321.281 Actions against 1 17 bicyclists. 1 18 1. A person operating a motor vehicle shall not 1 19 steer the motor vehicle unreasonably close to or toward 1 20 a person riding a bicycle on a highway, including the 1 21 roadway or the shoulder adjacent to the roadway. 1 22 2. A person shall not knowingly project any object 1 23 or substance at or against a person riding a bicycle 1 24 on a highway. 1 25 3. A person who violates this section commits a 1 26 simple misdemeanor punishable as a scheduled violation 1 27 under section 805.8A, subsection 14, paragraph "k". 1 28 Sec. 3. Section 321.288, Code 2009, is amended by 1 29 adding the following new subsection: 1 30 NEW SUBSECTION. 7. When approaching and passing a 1 31 bicycle on the highway. 1 32 Sec. 4. Section 321.299, Code 2009, is amended to 1 33 read as follows: 1 34 321.299 Overtaking a vehicle. 1 35 The following rules shall govern the overtaking and 1 36 passing of vehicles proceeding in the same direction, 1 37 subject to those limitations, exceptions, and special 1 38 ruleshereinafter statedotherwise provided in this 1 39 chapter: 1 40 1. The driver of a vehicle overtaking another 1 41 vehicle or a bicycle proceeding in the same direction 1 42 shall pass to the leftthereofof the vehicle or 1 43 bicycle at a safe distance and shall not again drive to 1 44 the right side of the roadway until safely clear of the 1 45 overtaken vehicle or bicycle. 1 46 2. Except when overtaking and passing on the right 1 47 is permitted, the driver of an overtaken vehicle 1 48 shall give way to the right in favor of the overtaking 1 49 vehicle and shall not increase the speed of the 1 50 overtaken vehicle until completely passed by the 2 1 overtaking vehicle. 2 2 3. When a vehicle is overtaking and passing a 2 3 bicycle, the driver of the overtaking vehicle shall 2 4 maintain a distance of not less than five feet between 2 5 the right side of the driver's vehicle, including 2 6 all mirrors or other projections, and the left side 2 7 of the bicyclist. This subsection does not apply to 2 8 implements of husbandry or to vehicles hauling or 2 9 towing implements of husbandry. 2 10 Sec. 5. Section 321.482A, unnumbered paragraph 1, 2 11 Code 2009, is amended to read as follows: 2 12 Notwithstanding section 321.482, a person who 2 13 is convicted of operating a motor vehicle in 2 14 violation of section 321.275, subsection 4, section 2 15 321.281, 321.297, 321.298, 321.299, 321.302, 321.303, 2 16 321.304, 321.305, 321.306, 321.307, 321.308, section 2 17 321.309, subsection 2, or section 321.311, 321.319, 2 18 321.320, 321.321, 321.322, 321.323, 321.323A, 321.324, 2 19 321.324A, 321.327, 321.329, or 321.333 causing serious 2 20 injury to or the death of another person may be subject 2 21 to the following penalties in addition to the penalty 2 22 provided for a scheduled violation in section 805.8A or 2 23 any other penalty provided by law: 2 24 Sec. 6. Section 805.8A, subsection 14, Code 2 25 Supplement 2009, is amended by adding the following new 2 26 paragraph: 2 27 NEW PARAGRAPH. k. Actions against a person on a 2 28 bicycle. For violations under section 321.281 the 2 29 scheduled fine is two hundred fifty dollars.> 2 30 #2. Title page, by striking lines 1 through 2 31 4 and inserting <An Act relating to duties and 2 32 responsibilities of motor vehicle operators and 2 33 bicyclists on a highway, and providing penalties.> 2 34 #3. By renumbering as necessary. COMMITTEE ON HUMAN RESOURCESSMITH of Marshall, Chairperson SF117.4734 (1) 83 dea/nh -1-