House File 2265 - Introduced HOUSE FILE 2265 BY WOLFE A BILL FOR An Act relating to driver’s license sanctions imposed for a 1 first violation of requirements for meeting or overtaking a 2 school bus, and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6046YH (4) 85 dea/tm
H.F. 2265 Section 1. SCHOOL BUS SAFETY VIOLATIONS —— DRIVER 1 IMPROVEMENT PROGRAM OPTION FOR FIRST OFFENSE. Notwithstanding 2 2012 Iowa Acts, chapter 1015, section 5, subsection 2, by 3 July 1, 2014, the department of transportation shall initiate 4 rulemaking by amending 761 IAC 615.43 to include a person 5 who is convicted for a first violation of section 321.372, 6 subsection 3, among the persons who may be required, in lieu 7 of driver’s license suspension, to attend and successfully 8 complete, at the person’s own expense, a driver improvement 9 program approved by the department, subject to all other 10 provisions of 761 IAC 615.43. 11 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 12 immediate importance, takes effect upon enactment. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 Under Code section 321.372, subsection 3, the driver of a 17 vehicle, when meeting a school bus with flashing amber lights, 18 must reduce the vehicle’s speed, come to a complete stop when 19 the school bus stops and the stop signal arm is extended, and 20 remain stopped until the signal arm is retracted. A driver 21 of a vehicle overtaking a school bus shall not pass the bus 22 when red or amber warning lights are flashing. The driver must 23 stop no closer than 15 feet from the school bus when the school 24 bus is stopped with the stop signal arm extended and remain 25 stopped until the signal arm is retracted and the school bus 26 resumes motion. The penalty for a person convicted of a first 27 violation is a simple misdemeanor punishable by a fine of at 28 least $250 but not more than $675 or by imprisonment for not 29 more than 30 days, or by both. A second or subsequent offense 30 is a serious misdemeanor. 31 Pursuant to 2012 Iowa Acts, chapter 1015, section 5, the 32 department of transportation has established by administrative 33 rule that a violation of requirements for meeting or overtaking 34 a school bus by the driver of a motor vehicle is a serious 35 -1- LSB 6046YH (4) 85 dea/tm 1/ 2
H.F. 2265 violation of motor vehicle laws, subjecting the violator to 1 an increasing tier of driver’s license suspensions for first, 2 second, and subsequent offenses. Under current law, when a 3 person’s driver’s license is suspended, that person is required 4 to show and maintain proof of financial liability coverage with 5 respect to all motor vehicles registered in the person’s name 6 for two years. 7 This bill directs the department of transportation to 8 initiate rulemaking by July 1, 2014, to allow the department 9 to require a person convicted of a first violation of 10 requirements for meeting or overtaking a school bus to attend 11 and successfully complete a driver improvement program in lieu 12 of suspending the person’s driver’s license. The department 13 currently may require completion of a driver improvement 14 program as an alternative to license suspension for habitual 15 violators, persons convicted of certain speeding violations, 16 and persons who commit a moving violation during a probationary 17 period following a license suspension or revocation. A 18 person who completes the program must then complete a one-year 19 probationary period without committing a moving violation. 20 The bill takes effect upon enactment. 21 -2- LSB 6046YH (4) 85 dea/tm 2/ 2