Senate File 234 H-1315 Amend Senate File 234, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 2, after line 12 by inserting: 3 < Sec. ___. Section 321.299, Code 2017, is amended to read 4 as follows: 5 321.299 Overtaking a vehicle or bicycle . 6 The following rules shall govern the overtaking and passing 7 of vehicles and bicycles proceeding in the same direction, 8 subject to those limitations, exceptions, and special rules 9 hereinafter stated: 10 1. The driver of a vehicle overtaking another vehicle 11 proceeding in the same direction shall pass to the left of the 12 other vehicle at a safe distance and shall not again drive 13 to the right side of the roadway until safely clear of the 14 overtaken vehicle. 15 2. Except when overtaking and passing on the right is 16 permitted, the driver of an overtaken vehicle shall give way 17 to the right in favor of the overtaking vehicle and shall not 18 increase the speed of the overtaken vehicle until completely 19 passed by the overtaking vehicle. 20 3. The driver of a vehicle overtaking a person riding a 21 bicycle proceeding in the same direction on a roadway shall 22 pass to the left of the bicycle in an adjacent travel lane or 23 on the opposite side of the roadway and shall not again drive 24 to the right side of the roadway until safely clear of the 25 overtaken bicycle in accordance with section 321.281. This 26 subsection shall not apply to a vehicle overtaking a bicycle 27 which is traveling on a paved shoulder or in a lane designated 28 for the travel of bicycles. 29 Sec. ___. Section 321.304, Code 2017, is amended to read as 30 follows: 31 321.304 Prohibited passing. 32 No A vehicle shall not , in overtaking and passing another 33 vehicle , a bicycle, or at any other time, be driven to the left 34 side of the roadway under the following conditions: 35 -1- SF234.2129 (1) 87 ns/nh 1/ 4 #1.
1. When approaching the crest of a grade or upon a curve 1 in the highway where the driver’s view along the highway is 2 obstructed for a distance of approximately seven hundred feet. 3 2. When approaching within one hundred feet of any narrow 4 bridge, viaduct, or tunnel, when so signposted, or when 5 approaching within one hundred feet of or traversing any 6 intersection or railroad grade crossing. 7 3. Where official signs are in place directing that traffic 8 keep to the right or a distinctive center line or off-center 9 line is marked, which distinctive line also so directs traffic 10 as declared in the sign manual adopted by the department of 11 transportation. This subsection shall not apply to a vehicle 12 overtaking and passing a bicycle, provided the vehicle complies 13 with section 321.303. 14 Sec. ___. Section 321.385A, Code 2017, is amended to read 15 as follows: 16 321.385A Citation for unlighted headlamp, rear lamp, bicycle 17 lamp, or rear registration plate light. 18 1. a. A citation issued for failure to have headlamps 19 as required under section 321.385 shall first provide for a 20 seventy-two hour seventy-two-hour period within which the 21 person charged with the violation shall replace or repair the 22 headlamp. 23 b. A citation issued for failure to have rear lamps as 24 required under section 321.387 or a rear registration plate 25 light as required under section 321.388 shall first provide for 26 a seventy-two hour seventy-two-hour period within which the 27 person charged with the violation shall replace or repair the 28 lamps or light. 29 c. A citation issued for failure to have a front or rear 30 lamp on a bicycle or on a bicycle rider as required under 31 section 321.397 shall first provide for a seventy-two-hour 32 period within which the person charged with the violation shall 33 replace or repair the lamp. 34 2. If the person complies with the directive to replace 35 -2- SF234.2129 (1) 87 ns/nh 2/ 4
or repair the headlamp, rear lamps, bicycle lamp, or rear 1 registration plate light within the allotted time period, 2 the citation shall be expunged. If the person fails to 3 comply within the allotted time period, the citation shall be 4 processed in the same manner as other citations. 5 3. A citation issued under this section shall include 6 a written notice of replacement or repair which shall 7 indicate the date of replacement or repair and the manner in 8 which the replacement or repair occurred and which shall be 9 returned to the issuing authority within the seventy-two hour 10 seventy-two-hour time period. 11 Sec. ___. Section 321.397, Code 2017, is amended to read as 12 follows: 13 321.397 Lamps on bicycles. 14 Every At any time from sunset to sunrise, a bicycle shall 15 be equipped with a lamp on the front exhibiting a steady 16 or flashing white light , at the times specified in section 17 321.384 , visible from a distance of at least three hundred 18 feet to the front , and every bicycle or bicycle rider shall 19 be equipped with a lamp on the rear exhibiting a steady or 20 flashing red light visible from a distance of three hundred 21 feet to the rear ; except that a red reflector may be used in 22 lieu of a rear light . A peace officer riding a police bicycle 23 is not required to use either front or rear lamps if duty so 24 requires. 25 Sec. ___. Section 321.423, subsection 2, Code 2017, is 26 amended by adding the following new paragraph: 27 NEW PARAGRAPH . k. A flashing white or red light equipped on 28 a bicycle operating on a highway pursuant to section 321.397 29 is permitted. 30 Sec. ___. Section 321.423, subsection 7, paragraph a, 31 unnumbered paragraph 1, Code 2017, is amended to read as 32 follows: 33 Except as provided in section 321.373, subsection 7 , and 34 subsection 2 , paragraphs “c” , and “i” , and “k” of this section , 35 -3- SF234.2129 (1) 87 ns/nh 3/ 4
a flashing white light shall only be used on a vehicle in the 1 following circumstances: > 2 2. Title page, line 1, after < to > by inserting < public 3 safety on highways, including > 4 3. Title page, line 3, after < offense > by inserting < and the 5 safe operation of bicycles > 6 4. By renumbering as necessary. 7 ______________________________ KRESSIG of Black Hawk -4- SF234.2129 (1) 87 ns/nh 4/ 4 #2. #3. #4.