House File 565 - Introduced



                                       HOUSE FILE       
                                       BY  MAY


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

                                      A BILL FOR

  1 An Act prohibiting the use of a mobile or cellular telephone by
  2    the driver of a school bus, and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2692HH 82
  5 dea/es/88

PAG LIN



  1  1    Section 1.  NEW SECTION.  321.375A  OPERATION OF SCHOOL BUS
  1  2 WHILE USING CELLULAR PHONE PROHIBITED.
  1  3    1.  The driver of a school bus shall not use a mobile or
  1  4 cellular telephone while the school bus is in motion.  This
  1  5 section does not apply to use of a mobile or cellular
  1  6 telephone in any of the following circumstances:
  1  7    a.  In an emergency situation, to call 911 or another
  1  8 public emergency telephone number for police, fire, or rescue
  1  9 service.
  1 10    b.  To report a mechanical problem that impairs the safe
  1 11 operation of the school bus.
  1 12    c.  When the driver of the school bus is not transporting
  1 13 passengers.
  1 14    d.  When the school bus is stopped off the traveled portion
  1 15 of the highway.
  1 16    2.  For purposes of this section, a mobile or cellular
  1 17 telephone is a long=range, portable electronic device used for
  1 18 personal telecommunications.
  1 19    3.  A violation of this section is a simple misdemeanor
  1 20 punishable as a scheduled violation under section 805.8A,
  1 21 subsection 10, paragraph "a".
  1 22    Sec. 2.  Section 805.8A, subsection 10, paragraph a, Code
  1 23 2007, is amended to read as follows:
  1 24    a.  For violations by an operator of a school bus under
  1 25 sections section 321.285, and section 321.372, subsections 1
  1 26 and 2, and section 321.375A, the scheduled fine is thirty=five
  1 27 dollars.  However, an excessive speed violation by a school
  1 28 bus of more than ten miles per hour in excess of the limit is
  1 29 not a scheduled violation.
  1 30                           EXPLANATION
  1 31    This bill prohibits the driver of a school bus from using a
  1 32 mobile or cellular telephone while operating a school bus.
  1 33 The bill defines mobile or cellular telephone as a long=range,
  1 34 portable electronic device used for personal
  1 35 telecommunications.  The bill provides exceptions to allow a
  2  1 school bus driver to communicate in emergency situations and
  2  2 to report safety=related mechanical problems.  The prohibition
  2  3 does not apply when the driver is not transporting passengers
  2  4 or when the bus is stopped off the traveled portion of the
  2  5 highway.  The penalty for a violation under the bill is a
  2  6 simple misdemeanor punishable by a scheduled fine of $35.
  2  7 LSB 2692HH 82
  2  8 dea:rj/es/88