S.F. 2091 Section 1. Section 321.323A, Code 2011, is amended to read 1 as follows: 2 321.323A Approaching certain stationary vehicles. 3 1. The operator of a motor vehicle approaching a stationary 4 authorized emergency vehicle that is displaying flashing 5 yellow, amber, white, red, or red and blue lights shall 6 approach the authorized emergency vehicle with due caution and 7 shall proceed in one of the following manners, absent any other 8 direction by a peace officer: 9 a. Make a lane change into a lane not adjacent to the 10 authorized emergency vehicle if possible in the existing safety 11 and traffic conditions. 12 b. If a lane change under paragraph “a” would be impossible, 13 prohibited by law, or unsafe, reduce the speed of the motor 14 vehicle to a speed that is less than the posted speed limit 15 and is reasonable and proper speed for the existing road and 16 traffic conditions, which speed shall be less than the posted 17 speed limit, and be prepared to stop. 18 2. The operator of a motor vehicle approaching a stationary 19 towing or recovery vehicle, a stationary utility maintenance 20 vehicle, a stationary municipal maintenance vehicle, or a 21 stationary highway maintenance vehicle, that is displaying 22 flashing yellow, amber, or red lights, shall approach the 23 vehicle with due caution and shall proceed in one of the 24 following manners, absent any other direction by a peace 25 officer: 26 a. Make a lane change into a lane not adjacent to the 27 towing, recovery, utility maintenance, municipal maintenance, 28 or highway maintenance vehicle if possible in the existing 29 safety and 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 speed that is less than the posted speed limit 33 and is reasonable and proper speed for the existing road and 34 traffic conditions , which speed shall be less than the posted 35 -1- LSB 5683XS (3) 84 dea/nh 1/ 4

S.F. 2091 speed limit , and be prepared to stop. 1 3. A person convicted of a violation of this section commits 2 a simple misdemeanor punishable as a scheduled violation under 3 section 805.8A, subsection 11. A person convicted of operating 4 a motor vehicle in violation of this section causing damage to 5 the property of another person or bodily injury to or death of 6 another person shall be subject to the following penalties in 7 addition to the penalty provided in section 805.8A or any other 8 penalty provided by law: 9 a. For a violation causing damage to the property of another 10 person, but not resulting in bodily injury to or death of 11 another person, suspension of the violator’s driver’s license 12 or operating privileges for a period of not less than ninety 13 days and not more than one year. 14 b. For a violation causing bodily injury to another person, 15 suspension of the violator’s driver’s license or operating 16 privileges for a period of not less than one hundred eighty 17 days and not more than one year. 18 c. For a violation causing death, suspension of the 19 violator’s driver’s license or operating privileges for one 20 year. 21 Sec. 2. Section 321.482A, unnumbered paragraph 1, Code 22 2011, is amended to read as follows: 23 Notwithstanding section 321.482 , a person who is convicted 24 of operating a motor vehicle in violation of section 321.178, 25 subsection 2 , paragraph “a” , subparagraph (2), section 26 321.180B, subsection 6 , section 321.194, subsection 1 , 27 paragraph “c” , section 321.256 , section 321.257 , section 28 321.275, subsection 4 , section 321.276, 321.297 , 321.298 , 29 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 , 321.307 , 30 321.308 , section 321.309, subsection 2 , or section 321.311 , 31 321.319 , 321.320 , 321.321 , 321.322 , 321.323 , 321.323A , 321.324 , 32 321.324A , 321.327 , 321.329 , or 321.333 causing serious injury 33 to or the death of another person may be subject to the 34 following penalties in addition to the penalty provided for 35 -2- LSB 5683XS (3) 84 dea/nh 2/ 4

S.F. 2091 a scheduled violation in section 805.8A or any other penalty 1 provided by law: 2 Sec. 3. PUBLIC AWARENESS AND COMPLIANCE PROGRAMS. The 3 department of transportation, in conjunction with the 4 department of public safety, shall establish programs to foster 5 public awareness of and compliance with the requirements of 6 section 321.323A. 7 EXPLANATION 8 Under current law, when the driver of a motor vehicle is 9 approaching a stationary authorized emergency vehicle that is 10 displaying flashing yellow, amber, white, red, or red and blue 11 lights, or a stationary towing or recovery vehicle, utility 12 maintenance vehicle, municipal maintenance vehicle, or highway 13 maintenance vehicle that is displaying flashing yellow, amber, 14 or red lights, the driver is required to move into a lane not 15 adjacent to the stationary vehicle if possible in the existing 16 safety and traffic conditions. If changing lanes would be 17 impossible, unlawful, or unsafe, the driver is required to 18 reduce the speed of the motor vehicle to a reasonable and 19 proper speed for the existing road and traffic conditions, 20 which speed shall be less than the posted speed limit, and be 21 prepared to stop. This bill amends the provision relating to 22 reduced speed by specifying that if making a lane change would 23 be impossible, prohibited by law, or unsafe, the driver shall 24 reduce the speed of the motor vehicle to a speed that is both 25 less than the posted speed limit and reasonable and proper for 26 the existing road and traffic conditions and the driver shall 27 be prepared to stop. 28 Under current law, a violation of the requirements to move 29 over or slow down when approaching certain stationary vehicles 30 is a simple misdemeanor punishable by a scheduled fine of $100. 31 However, if the violation causes a serious personal injury, 32 a court could impose an additional fine of $500 or suspend 33 the person’s driver’s license for not more than 90 days, or 34 both. If the violation causes a death, a court could impose 35 -3- LSB 5683XS (3) 84 dea/nh 3/ 4

S.F. 2091 an additional fine of $1,000 or suspend the person’s driver’s 1 license for not more than 180 days, or both. 2 Under the bill, a violation is still a simple misdemeanor 3 punishable by a scheduled fine of $100, but the bill 4 establishes a new penalty for violations causing damage to 5 property and revises the penalties for violations causing 6 injury or death of another person. Under the bill, if the 7 violation causes damage to the property of another person but 8 does not result in bodily injury to or death of another person, 9 the person’s driver’s license or operating privileges are 10 suspended for not less than 90 days and not more than one year. 11 If the violation causes bodily injury to another person, the 12 person’s driver’s license or operating privileges are suspended 13 for not less than 180 days and not more than one year. If 14 the violation causes death, the person’s driver’s license or 15 operating privileges are suspended for one year. The periods 16 of suspension are in addition to any other penalties applicable 17 under law. 18 The bill requires the department of transportation and the 19 department of public safety to establish educational programs 20 to promote public awareness and compliance with requirements 21 for motorists approaching certain stationary vehicles. 22 -4- LSB 5683XS (3) 84 dea/nh 4/ 4