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 rules hereinafter stated otherwise 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 left thereof of 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

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