House File 322

                                       HOUSE FILE       
                                       BY  HEATON




    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to windshield wiper operation and the use of
  2    certain vehicle lights and making a penalty applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2745YH 80
  5 dea/cl/14

PAG LIN

  1  1    Section 1.  Section 321.384, Code 2003, is amended to read
  1  2 as follows:
  1  3    321.384  WHEN LIGHTED LAMPS REQUIRED.
  1  4    1.  Every A motor vehicle operated upon a highway within
  1  5 the this state, shall display lighted headlamps as provided in
  1  6 section 321.415 at any time from sunset to sunrise, at any
  1  7 time the motor vehicle's windshield wipers are in continuous
  1  8 operation, and at such other times when conditions such as
  1  9 fog, snow, sleet, or rain provide insufficient lighting to
  1 10 render clearly discernible persons and vehicles on the highway
  1 11 at a distance of five hundred feet ahead, shall display
  1 12 lighted head lamps as provided in section 321.415, subject to
  1 13 exceptions with respect to parked vehicles as hereinafter
  1 14 stated under this chapter.
  1 15    2.  Whenever A requirement is hereinafter declared as to
  1 16 regarding the distance from which certain lamps and devices
  1 17 shall render objects visible or within which such lamps or
  1 18 devices shall be visible, said provisions shall apply during
  1 19 the times stated in subsection 1 of this section upon a
  1 20 straight level unlighted highway under normal atmospheric
  1 21 conditions unless a different time or condition is expressly
  1 22 stated.
  1 23    Sec. 2.  WARNING CITATIONS.  During the first six months
  1 24 following the effective date of this Act, peace officers shall
  1 25 issue only warning citations for the following:
  1 26    1.  Motor vehicles not displaying lighted headlamps at any
  1 27 time the motor vehicle's windshield wipers are in continuous
  1 28 operation as required by section 321.384, subsection 1, as
  1 29 amended in this Act.
  1 30    2.  Persons violating other lighting provisions in chapter
  1 31 321 which require the use of certain lights at any time the
  1 32 motor vehicle's windshield wipers are in continuous operation
  1 33 as required by section 321.384, subsection 1, as amended in
  1 34 this Act.
  1 35                           EXPLANATION
  2  1    This bill amends Code section 321.384 by requiring a motor
  2  2 vehicle to display lighted headlights at any time when the
  2  3 vehicle's wipers are in continuous operation.  Due to current
  2  4 Code references to Code section 321.384, the bill also
  2  5 requires the use of certain lights on other types of vehicles
  2  6 while the vehicle's wipers are in operation.  A violation of
  2  7 these provisions is a simple misdemeanor punishable by a
  2  8 scheduled fine of $20 under Code section 805.8A.  The bill
  2  9 also provides that during the first six months following
  2 10 enactment, violations of these provisions will only result in
  2 11 warning citations.
  2 12 LSB 2745YH 80
  2 13 dea/cl/14