Senate File 2154
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB 3058)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to parties to whom traffic citations are issued
2 for failure to obey school bus warning devices.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6001SV 80
5 dea/pj/5
PAG LIN
1 1 Section 1. Section 321.372A, Code 2003, is amended to read
1 2 as follows:
1 3 321.372A PROMPT INVESTIGATION OF REPORTED VIOLATION OF
1 4 FAILING TO OBEY SCHOOL BUS WARNING DEVICES == CITATION ISSUED
1 5 TO DRIVER OR OWNER.
1 6 1. The driver of a school bus who observes a violation of
1 7 section 321.372, subsection 3, may prepare a written report on
1 8 a form provided by the department of public safety indicating
1 9 that a violation has occurred. The school bus driver or a
1 10 school official may deliver the report not more than seventy=
1 11 two hours after the violation occurred to a peace officer of
1 12 the state or a peace officer of the county or municipality in
1 13 which the violation occurred. The report shall state the time
1 14 and the location at which the violation occurred and shall
1 15 include the registration plate number and a description of the
1 16 vehicle involved in the violation.
1 17 2. Not more than seven calendar days after receiving a
1 18 report of a violation of section 321.372, subsection 3, from a
1 19 school bus driver or a school official, the peace officer
1 20 shall initiate an investigation of the reported violation and
1 21 contact the owner of the motor vehicle involved in the
1 22 reported violation and request that the owner supply
1 23 information identifying the driver in accordance with section
1 24 321.484.
1 25 a. If, from the investigation, the peace officer is able
1 26 to identify the driver and has reasonable cause to believe a
1 27 violation of section 321.372, subsection 3, has occurred, the
1 28 peace officer shall prepare a uniform traffic citation for the
1 29 violation and shall serve it personally or by certified mail
1 30 to the driver of the vehicle.
1 31 b. If, from the investigation, the peace officer has
1 32 reasonable cause to believe that a violation of section
1 33 321.372, subsection 3, occurred but is unable to identify the
1 34 driver, the peace officer shall serve a uniform traffic
1 35 citation for the violation to the owner of the motor vehicle.
2 1 Notwithstanding section 321.484, in a proceeding where the
2 2 peace officer who conducted the investigation was not able to
2 3 identify the driver of the motor vehicle, proof that the motor
2 4 vehicle described in the uniform traffic citation was used to
2 5 commit the violation of section 321.372, subsection 3,
2 6 together with proof that the defendant named in the citation
2 7 was the registered owner of the motor vehicle at the time the
2 8 violation occurred, constitutes a rebuttable presumption that
2 9 the registered owner was the driver who committed the
2 10 violation.
2 11 EXPLANATION
2 12 This bill provides that a peace officer investigating a
2 13 report by a school bus driver of a motor vehicle that failed
2 14 to obey school bus warning devices may issue a citation to the
2 15 owner of the vehicle if the identity of the driver cannot be
2 16 determined. In a proceeding where the peace officer was not
2 17 able to identify the driver of the vehicle, proof that the
2 18 vehicle described in the citation was used to commit the
2 19 violation, together with proof that the person named in the
2 20 citation was the registered owner of the vehicle at the time
2 21 the violation occurred, creates a rebuttable presumption that
2 22 the registered owner was the driver who committed the
2 23 violation.
2 24 Current law requires the driver of a motor vehicle, when
2 25 meeting a school bus with flashing amber warning lamps, to
2 26 reduce speed to not more than 20 miles per hour and stop no
2 27 closer than 15 feet from the bus when the bus stops and has
2 28 its stop signal arm extended. In addition, a driver may not
2 29 pass a school bus while red or amber warning lights are
2 30 flashing. Failure to obey school bus warning devices is
2 31 punishable as a scheduled violation subject to a $100 fine.
2 32 LSB 6001SV 80
2 33 dea/pj/5