Senate
Study
Bill
3084
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
TRANSPORTATION
BILL)
A
BILL
FOR
An
Act
concerning
the
removal
of
damaged
or
disabled
vehicles
1
from
the
roadway
following
an
accident
and
the
removal
of
2
abandoned
vehicles
by
the
department
of
transportation.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.89,
subsections
1
and
2,
Code
2014,
1
are
amended
to
read
as
follows:
2
1.
Definitions.
As
used
in
this
section
and
sections
321.90
3
and
321.91
unless
the
context
otherwise
requires:
4
a.
“Abandoned
vehicle”
means
any
of
the
following:
5
(1)
A
vehicle
that
has
been
left
unattended
on
public
6
property
for
more
than
twenty-four
hours
and
lacks
current
7
registration
plates
or
two
or
more
wheels
or
other
parts
which
8
renders
the
vehicle
totally
inoperable.
9
(2)
A
vehicle
that
has
remained
illegally
on
public
property
10
for
more
than
twenty-four
hours.
11
(3)
A
vehicle
that
has
been
unlawfully
parked
on
private
12
property
or
has
been
placed
on
private
property
without
the
13
consent
of
the
owner
or
person
in
control
of
the
property
for
14
more
than
twenty-four
hours.
15
(4)
A
vehicle
that
has
been
legally
impounded
by
order
of
16
a
police
authority
and
has
not
been
reclaimed
for
a
period
17
of
ten
days.
However,
a
police
authority
may
declare
the
18
vehicle
abandoned
within
the
ten-day
period
by
commencing
the
19
notification
process
in
subsection
3
.
20
(5)
Any
vehicle
parked
on
the
highway
right-of-way
21
determined
by
a
police
authority
or
a
representative
of
the
22
department
to
create
a
hazard
to
other
vehicle
traffic.
23
(6)
A
vehicle
that
has
been
impounded
pursuant
to
section
24
321J.4B
by
order
of
the
court
and
whose
owner
has
not
paid
the
25
impoundment
fees
after
notification
by
the
person
or
agency
26
responsible
for
carrying
out
the
impoundment
order.
27
b.
“Demolisher”
means
a
person
licensed
under
chapter
321H
28
whose
business
it
is
to
convert
a
vehicle
to
junk,
processed
29
scrap,
or
scrap
metal,
or
otherwise
to
wreck
or
dismantle
30
vehicles.
31
c.
“Highway
right-of-way”
means
as
defined
in
section
318.1.
32
c.
d.
“Police
authority”
means
the
state
patrol,
a
peace
33
officer
designated
by
the
department
under
section
321.477,
34
any
law
enforcement
agency
of
a
county
or
city,
or
any
special
35
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security
officer
employed
by
the
state
board
of
regents
under
1
section
262.13
.
2
e.
“Representative
of
the
department”
means
an
employee
3
of
the
department
acting
in
the
exercise
of
the
management,
4
control,
or
maintenance
of
the
primary
road
system.
5
2.
Authority
to
take
possession
of
abandoned
vehicles.
A
6
police
authority,
upon
the
authority’s
own
initiative
,
or
upon
7
the
request
of
any
other
authority
having
the
duties
of
control
8
of
highways
or
traffic,
or
at
the
direction
of
a
representative
9
of
the
department,
shall
take
into
custody
an
abandoned
vehicle
10
on
public
property
and
may
take
into
custody
an
abandoned
11
vehicle
on
private
property.
The
police
authority
may
employ
12
its
own
personnel,
equipment,
and
facilities
or
hire
a
private
13
entity,
equipment,
and
facilities
for
the
purpose
of
removing,
14
preserving,
storing,
or
disposing
of
abandoned
vehicles.
A
15
property
owner
or
other
person
in
control
of
private
property
16
may
employ
a
private
entity
who
is
a
garagekeeper,
as
defined
17
in
section
321.90
,
to
dispose
of
an
abandoned
vehicle,
and
the
18
private
entity
may
take
into
custody
the
abandoned
vehicle
19
without
a
police
authority’s
initiative.
If
a
police
authority
20
employs
a
private
entity
to
dispose
of
abandoned
vehicles,
the
21
police
authority
shall
provide
the
private
entity
with
the
22
names
and
addresses
of
the
registered
owners,
all
lienholders
23
of
record,
and
any
other
known
claimant
to
the
vehicle
or
24
the
personal
property
found
in
the
vehicle.
The
owners,
25
lienholders,
or
other
claimants
of
the
abandoned
vehicle
shall
26
not
have
a
cause
of
action
against
a
private
entity
for
action
27
taken
under
this
section
if
the
private
entity
provides
notice
28
as
required
by
subsection
3
,
paragraph
“a”
.
29
Sec.
2.
Section
321.262,
Code
2014,
is
amended
to
read
as
30
follows:
31
321.262
Leaving
scene
of
traffic
accident
—
vehicle
damage
32
only
——
removal
of
vehicle
.
33
The
driver
of
any
vehicle
involved
in
an
accident
resulting
34
only
in
damage
to
a
vehicle
which
is
driven
or
attended
by
35
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any
person
shall
immediately
stop
remove
such
vehicle
at
the
1
scene
of
such
accident
or
as
close
thereto
as
possible
but
2
shall
forthwith
return
to
and
in
every
event
from
the
roadway
3
if
the
vehicle
is
operable
and
the
removal
can
be
done
in
a
4
safe
manner.
The
vehicle
shall
be
removed
to
the
nearest
5
shoulder,
emergency
lane,
or
median,
such
that
the
vehicle
is
6
completely
off
the
roadway.
Such
removal
shall
be
done
without
7
obstructing
traffic
more
than
is
necessary.
The
driver
shall
8
remain
at
the
scene
of
such
the
accident
until
the
driver
has
9
fulfilled
the
requirements
of
section
321.263
.
Every
such
10
stop
shall
be
made
without
obstructing
traffic
more
than
is
11
necessary.
Any
person
failing
to
stop
or
comply
with
said
the
12
requirements
of
this
section
under
such
circumstances
shall
be
13
guilty
of
a
misdemeanor
and
punished
as
provided
in
section
14
321.482
.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
the
removal
of
abandoned
vehicles
from
19
public
or
private
property
and
the
removal
of
damaged
vehicles
20
from
a
roadway.
21
The
bill
amends
the
definition
of
“abandoned
vehicle”
22
to
specify
that
a
vehicle
parked
anywhere
on
the
highway
23
right-of-way
and
creating
a
hazard
to
other
traffic
is
24
considered
an
abandoned
vehicle.
A
police
authority
or
25
a
representative
of
the
department
of
transportation
may
26
determine
that
such
a
vehicle
is
creating
a
hazard.
27
Currently,
police
authorities,
including
the
state
patrol,
28
city
and
county
law
enforcement
agencies,
and
special
security
29
officers
employed
by
the
board
of
regents,
have
the
authority
30
to
remove,
or
direct
the
removal
of,
abandoned
vehicles
from
31
public
or
private
property.
The
bill
grants
the
same
authority
32
to
peace
officers
of
the
department
of
transportation.
In
33
addition,
the
bill
authorizes
the
department
of
transportation
34
to
direct
that
an
abandoned
vehicle
on
public
property
be
taken
35
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into
custody
by
a
police
authority.
Currently,
abandoned
1
vehicles
are
taken
into
custody
upon
a
police
authority’s
own
2
initiative
or
at
the
request
of
any
other
authority
having
3
control
over
highways
or
traffic.
4
Current
law
requires
any
driver
who
is
involved
in
an
5
accident
resulting
only
in
damage
to
a
vehicle
to
immediately
6
stop
at
the
scene
and
remain
there
until
the
driver
has
7
exchanged
pertinent
information
with
the
person
attending
the
8
other
vehicle
involved
in
the
accident,
or
to
stop
as
close
to
9
the
scene
as
possible
and
return
immediately
to
the
scene
to
10
exchange
information.
Under
the
bill,
a
driver
involved
in
an
11
accident
resulting
only
in
damage
to
a
vehicle
is
required
to
12
remove
the
driver’s
vehicle
completely
off
the
roadway
if
the
13
vehicle
is
operable
and
the
removal
can
be
done
safely.
The
14
removal
is
to
be
done
without
obstructing
traffic
more
than
is
15
necessary.
The
driver
is
then
required
to
remain
at
the
scene
16
to
exchange
information.
Pursuant
to
current
law,
a
violation
17
of
these
requirements
is
a
simple
misdemeanor.
18
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