HF 2307 (LSB 5049YH (6) 86)

HOUSE FILE 2307

BY  B. MOORE

A BILL FOR

An Act requiring that vehicles not capable of traveling thirty-five miles per hour be driven on the shoulder of the roadway, and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  321.296  Slow vehicles required to travel on shoulder.
   1.  Notwithstanding section 321.297 or any other provision to the contrary, a motor vehicle that is not capable of traveling at a speed of thirty-five miles per hour or more shall be driven on the shoulder to the right of the roadway if the speed limit for the roadway is thirty-five miles per hour or more, the roadway has a shoulder capable of accommodating the motor vehicle, and the shoulder is not blocked by another vehicle or object. However, a motor vehicle subject to this section may be driven on the roadway pursuant to section 321.323A. A person driving a motor vehicle pursuant to this section shall display the vehicle’s emergency signal lamps flashing simultaneously. A peace officer may enforce this section by directions to drivers, and in the event of apparent willful disobedience to this section and refusal to comply with the directions of an officer in accordance with this section, a person is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 6.
   2.  This section applies to the operation of bicycles, except that a bicycle is not required to display emergency signal lamps unless otherwise provided by law.
   3.  This section does not apply to the operation of farm tractors or implements of husbandry.
    Sec. 2.  Section 321.423, subsection 2, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  k.  On a motor vehicle being operated pursuant to section 321.296.
    Sec. 3.  Section 805.8A, subsection 6, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0e.  Section 321.296$100.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill requires motor vehicles not capable of traveling 35 miles per hour to be driven on the shoulder to the right of the roadway if the speed limit for the roadway is 35 miles per hour or more, the roadway has a shoulder capable of accommodating the motor vehicle, and the shoulder is not blocked by a vehicle or object. However, the bill provides that a motor vehicle may be driven on the roadway to pass stationary emergency or towing vehicles pursuant to Code section 321.323A. A person driving a motor vehicle pursuant to the bill is required to display the motor vehicle’s emergency signal lamps.
   The bill authorizes peace officers to enforce the bill by directions to drivers. If a person willfully disobeys an officer, the person is guilty of a simple misdemeanor punishable by a scheduled fine of $100.
   The bill applies to the operation of bicycles, but not to the operation of farm tractors or implements of husbandry.