S.F. 2075 Section 1. Section 321.323A, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. The operator of a motor vehicle approaching a stationary 3 towing or recovery vehicle, a stationary utility maintenance 4 vehicle, a stationary municipal maintenance vehicle, or a 5 stationary highway maintenance vehicle, that is displaying 6 flashing yellow, amber, or red lights, shall approach the 7 vehicle with due caution and shall proceed in one of the 8 following manners, absent any other direction by a peace 9 officer: 10 a. Make a lane change into a lane not adjacent to the 11 towing, recovery, utility maintenance, municipal maintenance, 12 or highway maintenance vehicle if possible in the existing 13 safety and traffic conditions. 14 b. If a lane change under paragraph “a” would be impossible, 15 prohibited by law, or unsafe, reduce the speed of the motor 16 vehicle to a reasonable and proper speed for the existing road 17 and traffic conditions, which speed shall be less than the 18 posted speed limit, and be prepared to stop. 19 Sec. 2. Section 321.323A, Code 2011, is amended by adding 20 the following new subsection: 21 NEW SUBSECTION . 3. The operator of a motor vehicle 22 approaching a stationary towing or recovery vehicle that 23 is displaying flashing yellow, amber, or red lights, shall 24 approach the vehicle with due caution and shall proceed in one 25 of the following manners, absent any other direction by a peace 26 officer: 27 a. Make a lane change into a lane not adjacent to the towing 28 or recovery vehicle if possible in the existing safety and 29 traffic conditions. 30 b. If a lane change under paragraph “a” would be impossible, 31 prohibited by law, or unsafe, reduce the speed of the motor 32 vehicle to a reasonable and proper speed for the existing road 33 and traffic conditions, which speed shall be less than the 34 posted speed limit, and be prepared to stop. 35 -1- LSB 5638XS (2) 84 dea/nh 1/ 4

S.F. 2075 Sec. 3. NEW SECTION . 321.323B Prompt investigation of 1 reported violation when approaching a stationary towing or 2 recovery vehicle —— citation issued to driver or owner. 3 1. The driver of a towing or recovery vehicle who observes 4 a violation of section 321.323A, subsection 3 , may prepare a 5 written report on a form provided by the department of public 6 safety indicating that a violation has occurred. The driver 7 of the towing or recovery vehicle or the driver’s employer may 8 deliver the report not more than seventy-two hours after the 9 violation occurred to a peace officer of the state or a peace 10 officer of the county or municipality in which the violation 11 occurred. The report shall state the time and the location at 12 which the violation occurred and shall include the registration 13 plate number and a description of the vehicle involved in the 14 violation. 15 2. Not more than seven calendar days after receiving a 16 report of a violation of section 321.323A, subsection 3 , from 17 a driver of a towing or recovery vehicle or the driver’s 18 employer, the peace officer shall initiate an investigation 19 of the reported violation and contact the owner of the motor 20 vehicle involved in the reported violation and request that the 21 owner supply information identifying the driver in accordance 22 with section 321.484 . 23 a. If, from the investigation, the peace officer is able 24 to identify the driver and has reasonable cause to believe a 25 violation of section 321.323A, subsection 3 , has occurred, the 26 peace officer shall prepare a uniform traffic citation for the 27 violation and shall serve it personally or by certified mail 28 to the driver of the vehicle. 29 b. If, from the investigation, the peace officer has 30 reasonable cause to believe that a violation of section 31 321.323A, subsection 3 , occurred but is unable to identify 32 the driver, the peace officer shall serve a uniform traffic 33 citation for the violation to the owner of the motor vehicle. 34 Notwithstanding section 321.484 , in a proceeding where the 35 -2- LSB 5638XS (2) 84 dea/nh 2/ 4

S.F. 2075 peace officer who conducted the investigation was not able 1 to identify the driver of the motor vehicle, proof that the 2 motor vehicle described in the uniform traffic citation was 3 used to commit the violation of section 321.323A, subsection 3 , 4 together with proof that the defendant named in the citation 5 was the owner of the motor vehicle at the time the violation 6 occurred, constitutes a permissible inference that the owner 7 was the driver who committed the violation. 8 c. For purposes of this subsection , “owner” means a person 9 who holds the legal title to a motor vehicle; however, if the 10 motor vehicle is the subject of a security agreement with a 11 right of possession in the debtor, the debtor shall be deemed 12 the owner for purposes of this subsection , or if the motor 13 vehicle is leased as defined in section 321.493 , the lessee 14 shall be deemed the owner for purposes of this subsection . 15 EXPLANATION 16 Under current law, the driver of a motor vehicle, when 17 approaching a stationary towing or recovery vehicle displaying 18 flashing yellow, amber, or red lights, is required to move into 19 another lane not adjacent to the towing or recovery vehicle. 20 If a lane change is not possible or is unlawful or unsafe, the 21 driver is required to slow the motor vehicle to a reasonable 22 and proper speed for the existing road and traffic conditions, 23 below the posted speed limit, and be prepared to stop. 24 This bill provides that the driver of a towing or recovery 25 vehicle who observes a motor vehicle failing to move over or 26 slow down when approaching the towing or recovery vehicle 27 may make a written report to a peace officer of the state or 28 of the county or municipality where the violation occurred, 29 stating the time and location of the violation, and including 30 the registration plate number and a description of the vehicle 31 involved in the incident. The report may be delivered by the 32 driver or the driver’s employer within 72 hours of the alleged 33 violation. The peace officer shall initiate an investigation 34 within seven days and contact the owner of the motor vehicle 35 -3- LSB 5638XS (2) 84 dea/nh 3/ 4

S.F. 2075 involved in the reported violation, requesting that the owner 1 identify the driver involved in the violation. If the peace 2 officer has reasonable cause to believe that a violation 3 occurred and learns the identity of the driver involved in 4 the violation, the peace officer may issue a citation to the 5 driver, either in person or by certified mail. 6 The bill provides that if the identity of the driver involved 7 in the violation cannot be determined, the peace officer 8 investigating the report may issue a citation to the owner 9 of the vehicle. In a proceeding where the peace officer was 10 not able to identify the driver of the vehicle, proof that 11 the vehicle described in the citation was used to commit 12 the violation, together with proof that the person named in 13 the citation was the registered owner of the vehicle at the 14 time the violation occurred, creates a permissible inference 15 that the registered owner was the driver who committed the 16 violation. 17 -4- LSB 5638XS (2) 84 dea/nh 4/ 4