SF 2257 (LSB 5683SV (2) 84)

SENATE FILE 2257

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO SF 2091)

A BILL FOR

An Act relating to requirements for motorists approaching certain stationary vehicles on the highway, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.323A, Code 2011, is amended to read as follows:
   321.323A  Approaching certain stationary vehicles.
   1.  The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or red and blue lights shall approach the authorized emergency vehicle with due caution and shall proceed in one of the following manners, absent any other direction by a peace officer:
   a.  Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions.
   b.  If a lane change under paragraph “a” would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a
 
speed that is at least ten miles per hour below the posted speed limit and is reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
   2.  The operator of a motor vehicle approaching a stationary towing or recovery vehicle, a stationary utility maintenance vehicle, a stationary municipal maintenance vehicle, or a stationary highway maintenance vehicle, that is displaying flashing yellow, amber, or red lights, shall approach the vehicle with due caution and shall proceed in one of the following manners, absent any other direction by a peace officer:
   a.  Make a lane change into a lane not adjacent to the towing, recovery, utility maintenance, municipal maintenance, or highway maintenance vehicle if possible in the existing safety and traffic conditions.
   b.  If a lane change under paragraph “a” would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a
 
speed that is at least ten miles per hour below the posted speed limit and is reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
   3.
  a.  A person convicted of a violation of this section commits a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 11.
   b.  A person convicted of a violation of this section which resulted in an accident causing bodily injury to or the death of another person may be subject to the following penalties in addition to the penalty provided for a scheduled violation in section 805.8A, subsection 11, or any other penalty provided by law:
   (1)  For a violation causing bodily injury to another person, a fine of five hundred dollars.
   (2)  For a violation causing death, a fine of one thousand dollars.
   c.  Upon receiving a record of a person’s conviction for a violation under paragraph “a” which resulted in an accident causing damage to the property of another person or bodily injury to or death of another person, the department shall suspend the person’s driver’s license or operating privileges, upon thirty days’ notice and without preliminary hearing, as follows:
   (1)  For a violation causing damage to the property of another person, but not resulting in bodily injury to another person, the department shall suspend the violator’s driver’s license or operating privileges for ninety days.
   (2)  For a violation causing bodily injury to another person, the department shall suspend the violator’s driver’s license or operating privileges for one hundred eighty days.
   (3)  For a violation causing death, the department shall suspend the violator’s driver’s license or operating privileges for one year.
    Sec. 2.  Section 321.482A, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   Notwithstanding section 321.482, a person who is convicted of operating a motor vehicle in violation of section 321.178, subsection 2, paragraph “a”, subparagraph (2), section 321.180B, subsection 6, section 321.194, subsection 1, paragraph “c”, section 321.256, section 321.257, section 321.275, subsection 4, section 321.276, 321.297, 321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306, 321.307, 321.308, section 321.309, subsection 2, or section 321.311, 321.319, 321.320, 321.321, 321.322, 321.323, 321.323A, 321.324, 321.324A, 321.327, 321.329, or 321.333 causing serious injury to or the death of another person may be subject to the following penalties in addition to the penalty provided for a scheduled violation in section 805.8A or any other penalty provided by law:
    Sec. 3.  PUBLIC AWARENESS AND COMPLIANCE PROGRAMS.  The department of transportation, in conjunction with the department of public safety, shall establish programs to foster public awareness of and compliance with the requirements of section 321.323A.
EXPLANATION
   Under current law, when the driver of a motor vehicle is approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or red and blue lights, or a stationary towing or recovery vehicle, utility maintenance vehicle, municipal maintenance vehicle, or highway maintenance vehicle that is displaying flashing yellow, amber, or red lights, the driver is required to move into a lane not adjacent to the stationary vehicle if possible in the existing safety and traffic conditions. If changing lanes would be impossible, unlawful, or unsafe, the driver is required to reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop. This bill amends the provision relating to reduced speed by specifying that if making a lane change would be impossible, prohibited by law, or unsafe, the driver shall reduce the speed of the motor vehicle to a speed that is at least 10 miles per hour below the posted speed limit and is reasonable and proper for the existing road and traffic conditions and the driver shall be prepared to stop.
   Under current law, a violation of the requirements to move over or slow down when approaching certain stationary vehicles is a simple misdemeanor punishable by a scheduled fine of $100. However, if the violation causes a serious personal injury, a court could impose an additional fine of $500 or suspend the person’s driver’s license for not more than 90 days, or both. If the violation causes a death, a court could impose an additional fine of $1,000 or suspend the person’s driver’s license for not more than 180 days, or both.
   Under the bill, a violation is still a simple misdemeanor punishable by a scheduled fine of $100, but the bill establishes an additional penalty for violations causing damage to property, revises the existing penalties for violations resulting in bodily injury or death, and makes the driver’s license sanctions mandatory. The bill provides that if the violation results in an accident causing damage to the property of another person but not causing bodily injury to another person, the department of transportation shall suspend the person’s driver’s license or operating privileges for 90 days. If the violation results in an accident causing bodily injury to another person, the department shall suspend the person’s driver’s license or operating privileges for 180 days, and the court may impose a fine of $500 in addition to any other penalty provided by law. This differs from current law, which allows a $500 fine for violations causing bodily injury which meets the standard for serious bodily injury. The bill provides that if the violation results in an accident causing death, the department shall suspend the person’s driver’s license or operating privileges for one year and, as is currently the case, the court may impose a fine of $1,000 in addition to any other penalty provided by law.
   The bill requires the department of transportation and the department of public safety to establish educational programs to promote public awareness and compliance with requirements for motorists approaching certain stationary vehicles.