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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