House Study Bill 7

                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            PUBLIC SAFETY BILL BY
                                            CHAIRPERSON BAUDLER)


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

                                      A BILL FOR

  1 An Act requiring motor vehicle operators to take certain
  2    precautions when passing stationary utility maintenance
  3    vehicles and making a penalty applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1377HC 80
  6 dea/cls/14

PAG LIN

  1  1    Section 1.  Section 321.323A, subsection 2, Code 2003, is
  1  2 amended to read as follows:
  1  3    2.  The operator of a motor vehicle approaching a
  1  4 stationary towing or recovery vehicle, a stationary utility
  1  5 maintenance vehicle, or a stationary highway maintenance
  1  6 vehicle, that is displaying flashing yellow, amber, or red
  1  7 lights, shall approach the vehicle with due caution and shall
  1  8 proceed in one of the following manners, absent any other
  1  9 direction by a peace officer:
  1 10    a.  Make a lane change into a lane not adjacent to the
  1 11 towing, recovery, utility maintenance, or highway maintenance
  1 12 vehicle if possible in the existing safety and traffic
  1 13 conditions.
  1 14    b.  If a lane change under paragraph "a" would be
  1 15 impossible, prohibited by law, or unsafe, reduce the speed of
  1 16 the motor vehicle to a reasonable and proper speed for the
  1 17 existing road and traffic conditions, which speed shall be
  1 18 less than the posted speed limit, and be prepared to stop.
  1 19                           EXPLANATION
  1 20    This bill amends Code section 321.323A by requiring that
  1 21 motor vehicle operators take certain precautions when
  1 22 approaching a stationary utility maintenance vehicle
  1 23 displaying flashing yellow, amber, or red lights.  Absent any
  1 24 other direction by a peace officer, the motor vehicle operator
  1 25 is to make a lane change if possible, or if a lane change
  1 26 would be impossible, prohibited by law, or unsafe, reduce
  1 27 speed below the posted limit and be prepared to stop.
  1 28    A violation of this requirement is a simple misdemeanor
  1 29 punishable by a scheduled fine of $50.
  1 30 LSB 1377HC 80
  1 31 dea/cls/14
  1 32
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  1 35