SF 157 (LSB 1835XS (4) 85)

SENATE FILE 157

BY  BOLKCOM, DOTZLER, DVORSKY, and McCOY

A BILL FOR

An Act relating to the operation of bicycles on a highway and to motorists overtaking and passing a bicycle, implement of husbandry, or slow-moving vehicle on a highway, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.299, subsection 1, Code 2013, is amended to read as follows:
   1.
  a.  The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the other vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
   b.  The driver of a vehicle overtaking a bicycle proceeding in the same direction shall use an adjacent travel lane to the left of the lane in which the bicycle is traveling to pass and shall maintain a distance of not less than three feet between the right side of the driver’s vehicle, including all mirrors and other projections, and the left side of the bicycle. This paragraph does not apply to persons driving an implement of husbandry.
    Sec. 2.  Section 321.304, Code 2013, is amended to read as follows:
   321.304  Prohibited passing.
   1.  No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left side of the roadway under the following conditions:
   1.
  a.  When approaching the crest of a grade or upon a curve in the highway where the driver’s view along the highway is obstructed for a distance of approximately seven hundred feet.
   2.
  b.  When approaching within one hundred feet of any narrow bridge, viaduct, or tunnel, when so signposted, or when approaching within one hundred feet of or traversing any intersection or railroad grade crossing.
   3.

c.  Where official signs are in place directing that traffic keep to the right or a distinctive center line or off-center line is marked, which distinctive line also so directs traffic as declared in the sign manual adopted by the department of transportation.
   2.  Subsection 1 does not apply to a vehicle passing a bicyclist or implement of husbandry, or passing a slow-moving vehicle displaying a reflective device or alternative reflective device as provided by section 321.383, when the movement can be made safely and without interfering with, impeding, or endangering other traffic.
    Sec. 3.  Section 321.385A, Code 2013, is amended to read as follows:
   321.385A  Citation for unlighted headlamp, rear lamp
 
or reflector, or rear registration plate light.
   1.
  a.  A citation issued for failure to have
 
one or more headlamps as required under section 321.385
 
or 321.397 shall first provide for a seventy-two hour period within which the person charged with the violation shall replace or repair the headlamp. 
   b.  A citation issued for failure to have rear lamps as required under section 321.387, a rear lamp or reflector as required under section 321.397, or a rear registration plate light as required under section 321.388 shall first provide for a seventy-two hour period within which the person charged with the violation shall replace or repair the lamps
 
lamp, reflector, or light.
   2.  If the person complies with the directive to replace or repair the headlamp, rear lamps
 
lamp, reflector, or rear registration plate light within the allotted time period, the citation shall be expunged. If the person fails to comply within the allotted time period, the citation shall be processed in the same manner as other citations.
   3.  A citation issued under this section shall include a written notice of replacement or repair which shall indicate the date of replacement or repair and the manner in which the replacement or repair occurred and which shall be returned to the issuing authority within the seventy-two hour time period.
    Sec. 4.  Section 805.8A, subsection 6, paragraph i, Code 2013, is amended to read as follows:
   i.  Section 321.304, subsections 1

and 2
 
subsection 1, paragraphs “a” and

 “b”$100.
    Sec. 5.  Section 805.8A, subsection 8, paragraph d, Code 2013, is amended to read as follows:
   d.  Section 321.304, subsection 3
 
1,

 paragraph “c”$100.
EXPLANATION
   This bill contains provisions relating to bicycles ridden on a highway and to vehicles passing bicycles and certain slow vehicles. 
   The bill amends Code section 321.299 to require the driver of a vehicle overtaking a bicycle proceeding in the same direction to use an adjacent travel lane to the left of the bicyclist to pass and to maintain a distance of not less than three feet between the right side of the driver’s vehicle, including all mirrors and other projections, and the left side of the bicyclist. The requirement does not apply to a person driving an implement of husbandry. Pursuant to current law, a violation of Code section 321.299 is a simple misdemeanor punishable by a scheduled fine of $100. In addition, if the violation causes serious injury to another person, the court may impose an additional fine of $500 or driver’s license suspension for up to 90 days, or both. If the violation results in an accident causing a death, the court may impose an additional fine of $1,000 or driver’s license suspension for up to 180 days, or both.
   Code section 321.304 currently prohibits the driver of a vehicle from overtaking and passing another vehicle or otherwise driving on the left side of the roadway under the following conditions: when approaching the crest of a grade or on a curve where the driver’s view is obstructed for a distance of approximately 700 feet; when approaching within 100 feet of a sign-posted narrow bridge, viaduct, or tunnel; when approaching within 100 feet of or traversing an intersection or railroad grade crossing; and where official signs or line-markings direct that traffic keep to the right. The bill provides an exception to the limitations on driving on the left side of the roadway for a vehicle passing a bicyclist or implement of husbandry, or passing a slow-moving vehicle displaying a proper reflective device, when the movement can be made safely and without interfering with, impeding, or endangering other traffic. Pursuant to current law, a violation of Code section 321.304 is a simple misdemeanor punishable by a scheduled fine of $100. In addition, if the violation causes serious injury to another person, the court may impose an additional fine of $500 or driver’s license suspension for up to 90 days, or both. If the violation results in an accident causing a death, the court may impose an additional fine of $1,000 or driver’s license suspension for up to 180 days, or both.
   Under current law, when a citation is issued to the driver of a vehicle for failure to have headlamps, rear lamps, or a rear registration plate light, the citation includes a notice of replacement or repair to be completed and returned to the issuing authority within 72 hours. If the person complies with the directive within 72 hours, the citation is expunged. The bill amends Code section 321.385A to provide that if a person is issued a citation for failure to have a bicycle headlamp, rear light, or rear reflector, the person shall receive the same type of citation providing a 72-hour period within which to make the required replacement or repair and have the citation expunged. The penalty for violation of bicycle lighting requirements is not changed under the bill. A violation is currently punishable by a scheduled fine of $25.