H.F. 2294 Section 1. NEW SECTION . 321.302A Use of passing lane 1 restricted. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Nonpassing lane” means any lane that is to the right 5 of the passing lane if there are two or more adjacent lanes of 6 traffic moving in the same direction on one roadway. 7 b. “Passing lane” means the lane farthest to the left if 8 there are two or more adjacent lanes of traffic moving in the 9 same direction on one roadway; however, if such left lane is 10 restricted to high occupancy vehicle use or is designed for 11 left turns only, the passing lane shall be the lane immediately 12 to the right of such high occupancy lane or left-turn lane. 13 2. a. The driver of a vehicle traveling in the passing 14 lane of a divided highway to the left and abreast of another 15 vehicle, when being approached by an overtaking vehicle, shall 16 move the vehicle being overtaken to the right as soon as the 17 driver can safely do so to allow the overtaking vehicle to 18 pass. 19 b. A person shall not drive a vehicle in the passing lane 20 of a highway if the speed limit is sixty-five miles per hour 21 or more, except to pass another motor vehicle that is in a 22 nonpassing lane or turning left, or unless the volume of 23 traffic does not permit the vehicle to safely merge into a 24 nonpassing lane. 25 c. A violation of this subsection shall not be construed as 26 negligence per se in any civil action. 27 3. A person convicted of a violation of this section is 28 guilty of a simple misdemeanor punishable as a scheduled 29 violation under section 805.8A, subsection 6. 30 Sec. 2. Section 321.482A, unnumbered paragraph 1, Code 31 2014, is amended to read as follows: 32 Notwithstanding section 321.482 , a person who is convicted 33 of operating a motor vehicle in violation of section 321.178, 34 subsection 2 , paragraph “a” , subparagraph (2), section 35 -1- LSB 5666HH (2) 85 dea/tm 1/ 3

H.F. 2294 321.180B, subsection 6 , section 321.194, subsection 1 , 1 paragraph “d” , section 321.256 , section 321.257 , section 2 321.275, subsection 4 , section 321.276, 321.297 , 321.298 , 3 321.299 , 321.302 , 321.302A, 321.303 , 321.304 , 321.305 , 321.306 , 4 321.307 , 321.308 , section 321.309, subsection 2 , or section 5 321.311 , 321.319 , 321.320 , 321.321 , 321.322 , 321.323 , 321.324 , 6 321.324A , 321.327 , 321.329 , 321.333 , or 321.372, subsection 3 , 7 causing serious injury to or the death of another person may be 8 subject to the following penalties in addition to the penalty 9 provided for a scheduled violation in section 805.8A or any 10 other penalty provided by law: 11 Sec. 3. Section 805.8A, subsection 6, Code 2014, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . 0h. Section 321.302A . . . . . . . . . . . . . . . . . . $100 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill requires the driver of a vehicle traveling in 18 the passing lane of a divided highway to the left and abreast 19 of another vehicle, when being approached by an overtaking 20 vehicle, to move to the right as soon as the driver can safely 21 do so to allow the overtaking vehicle to pass. The bill also 22 prohibits driving in the passing lane of a highway if the speed 23 limit is 65 miles per hour or more, except to pass another 24 motor vehicle that is in a nonpassing lane or turning left, or 25 unless the volume of traffic does not permit the vehicle to 26 safely merge into a nonpassing lane. 27 The bill defines “passing lane” as the lane farthest to the 28 left if there are two or more adjacent lanes of traffic moving 29 in the same direction on one roadway. If the left lane is 30 restricted to high occupancy vehicle use or is designed for 31 left turns only, the passing lane is the lane immediately to 32 the right of the high occupancy lane or left-turn lane. The 33 bill defines “nonpassing lane” as any lane that is to the right 34 of the passing lane if there are two or more adjacent lanes of 35 -2- LSB 5666HH (2) 85 dea/tm 2/ 3

H.F. 2294 traffic moving in the same direction on one roadway. 1 A person who violates the provisions of the bill commits 2 a simple misdemeanor punishable by a scheduled fine of $100. 3 Additional penalties may apply if the violation results in 4 serious injury to or death of another person. These are the 5 same penalties that currently apply to a person who violates 6 requirements for overtaking and passing another vehicle. 7 -3- LSB 5666HH (2) 85 dea/tm 3/ 3