HF 2391 (LSB 6026YH (2) 83)

HOUSE FILE 2391

BY  MASCHER

A BILL FOR

An Act relating to penalties for motor vehicle speeding violations for driving more than fifteen miles per hour over the speed limit.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.285, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  A person who violates speeding restrictions under section 321.236, subsection 5 or 11, this section, or section 461A.36, commits a simple misdemeanor.
   a.  Except as provided in paragraph “b”, speeding violations are punishable as scheduled violations under section 805.8A, subsection 5 or 10, if the speed is not more than fifteen miles per hour in excess of the limit.
   b.  Speeding violations committed in a road work zone are punishable as scheduled violations under section 805.8A, subsection 14, paragraph “i”, if the speed is not more than fifteen miles per hour in excess of the limit.
   c.  A person who commits a speeding violation by driving at a speed of more than fifteen miles per hour over the posted speed limit in a road work zone is subject to the following penalties in addition to the penalty provided for a simple misdemeanor or any other penalty provided by law:
   (1)  Five hundred dollars for speed greater than fifteen but not more than twenty-five miles per hour over the posted speed limit.
   (2)  One thousand dollars for speed greater than twenty-five miles per hour over the posted speed limit.
    Sec. 2.  Section 461A.36, Code 2009, is amended to read as follows:
   461A.36  Speed limit.
   1.  The maximum speed limit of all vehicles on state park and preserve drives, roads, and highways shall be is thirty-five miles per hour. All driving shall be confined to designated roadways. Whenever If the commission shall determine determines that the speed limit hereinbefore set forth established pursuant to this section is greater than is reasonable or safe under the conditions found to exist at any place of congestion or upon on any part of the park roads, drives, or highways, said the commission shall determine and declare a reasonable and safe speed limit, thereat which shall be effective when appropriate signs giving notice thereof of the speed limit are erected at such places of congestion or other parts of the park roads, drives, or highways.
   2.  A violation of a speed limit under this section is punishable as a simple misdemeanor as provided in section 321.285, subsection 7.
    Sec. 3.  Section 805.8A, subsection 5, paragraphs a and b, Code Supplement 2009, are amended to read as follows:
   a.  For excessive speed violations in for speed not more than fifteen miles per hour in excess of the limit under section 321.236, subsections 5 and 11, and sections 321.285, and 461A.36, the scheduled fine shall be the following:
   (1)  Ten dollars for speed not more than five miles per hour in excess of the limit.
   (2)  Twenty dollars for speed greater than five but not more than ten miles per hour in excess of the limit.
   (3)  Thirty dollars for speed greater than ten but not more than fifteen miles per hour in excess of the limit.
   (4)  Forty dollars for speed greater than fifteen but not more than twenty miles per hour in excess of the limit.
   (5)  Forty dollars plus two dollars for each mile per hour of excessive speed over twenty miles per hour over the limit.
   b.  Notwithstanding paragraph “a”, for excessive speed violations in speed zones greater than fifty-five miles per hour, the scheduled fine shall be:
   (1)  Twenty dollars for speed not more than five miles per hour in excess of the limit.
   (2)  Forty dollars for speed greater than five but not more than ten miles per hour in excess of the limit.
   (3)  Sixty dollars for speed greater than ten but not more than fifteen miles per hour in excess of the limit.
   (4)  Eighty dollars for speed greater than fifteen but not more than twenty miles per hour in excess of the limit.
   (5)  Ninety dollars plus five dollars for each mile per hour of excessive speed over twenty miles per hour over the limit.
    Sec. 4.  Section 805.8A, subsection 14, paragraph i, Code Supplement 2009, is amended to read as follows:
   i.  Road work zone violations.  The scheduled fine for any moving traffic violation under chapter 321, as provided in this section, shall be doubled if the violation occurs within any road work zone, as defined in section 321.1. However, notwithstanding subsection 5, the scheduled fine for violating the speed limit in a road work zone for speed not more than fifteen miles per hour over the limit is as follows:
   (1)  One hundred fifty dollars for speed not more than ten miles per hour over the posted speed limit.
   (2)  Three hundred dollars for speed greater than ten but not more than twenty fifteen miles per hour over the posted speed limit.
   (3)  Five hundred dollars for speed greater than twenty but not more than twenty-five miles per hour over the posted speed limit.
   (4)  One thousand dollars for speed greater than twenty-five miles per hour over the posted speed limit.
EXPLANATION
   This bill makes changes to penalties for motor vehicle speeding violations that involve speed of more than 15 miles per hour over the limit.
   Under current law, all speeding violations are simple misdemeanors punishable as scheduled violations. Fines vary, but are higher for violations committed in speed zones greater than 55 miles per hour. The highest fines are for speeding violations committed in road work zones.
   Under the bill, only speeding violations of up to 15 miles per hour over the limit, including violations in road work zones, are punishable as scheduled violations. Any violation for speed in excess of 15 miles per hour over the limit is a simple misdemeanor punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.
   A person who drives at a speed greater than 15 but not more than 25 miles per hour over the posted limit in a road work zone is subject to a fine of $500 in addition to the penalty allowed for a simple misdemeanor. If the speed is more than 25 miles per hour over the posted limit in a road work zone, the additional fine is $1,000.
   The penalties under the bill apply to violations of speed limits on public roads, speed restrictions established by local authorities for public parks and alleys, and speed limits established for state parks and preserves.