House File 276 - Introduced HOUSE FILE 276 BY KRESSIG , T. OLSON , ISENHART , LENSING , PETERSEN , HUNTER , HALL , T. TAYLOR , JACOBY , MASCHER , M. SMITH , STECKMAN , WOLFE , KAJTAZOVIC , THOMAS , MURPHY , LYKAM , WENTHE , ABDUL-SAMAD , KELLEY , GASKILL , KEARNS , OLDSON , WESSEL-KROESCHELL , and WINCKLER (COMPANION TO SF 96 BY BOLKCOM) A BILL FOR An Act concerning requirements for motor vehicle operators 1 when overtaking and passing a bicycle, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1885YH (3) 84 dea/nh
H.F. 276 Section 1. Section 321.299, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. The driver of a vehicle overtaking a 3 bicycle proceeding in the same direction shall use an adjacent 4 travel lane to pass and shall maintain a distance of not less 5 than three feet between the right side of the driver’s vehicle, 6 including all mirrors or other projections, and the left side 7 of the bicyclist. This subsection does not apply to implements 8 of husbandry. 9 EXPLANATION 10 This bill requires the driver of a vehicle to use an 11 adjacent travel lane when passing a bicycle proceeding in the 12 same direction. In addition, the driver of the vehicle must 13 maintain a distance of not less than three feet between the 14 right side of the driver’s vehicle, including all mirrors or 15 other projections, and the left side of the bicyclist. The 16 requirements do not apply to implements of husbandry. 17 The provisions of the bill are in addition to current law, 18 applicable to both vehicles and bicycles, which requires a 19 vehicle to pass to the left of the other vehicle at a safe 20 distance and not return to the right side of the roadway until 21 safely clear of the overtaken vehicle. The vehicle being 22 passed is required to give way to the right in favor of the 23 overtaking vehicle and not increase speed until completely 24 passed by the overtaking vehicle. Exceptions apply in specific 25 situations when passing on the right is permitted. 26 Pursuant to current law, a violation of requirements 27 relating to overtaking and passing is a simple misdemeanor 28 punishable by a scheduled fine of $100. If a violation causes 29 serious injury, the driver may be subject to an additional fine 30 of $500 or driver’s license suspension for up to 90 days, or 31 both. For a violation causing death, the driver may be subject 32 to an additional fine of $1,000 or license suspension for up to 33 180 days, or both. 34 -1- LSB 1885YH (3) 84 dea/nh 1/ 1