HF 2028 (LSB 5064YH (4) 87)

HOUSE FILE 2028

BY  ANDERSON

A BILL FOR

An Act relating to motor vehicles approaching stationary motor vehicles displaying emergency signal lamps, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.323A, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  The operator of a motor vehicle approaching a stationary motor vehicle continually displaying its emergency signal lamps flashing simultaneously shall approach the vehicle with due caution and shall proceed in one of the following manners, absent any other direction by a peace officer:
   a.  Make a lane change into a lane not adjacent to the stationary motor vehicle if possible in the existing safety and traffic conditions.
   b.  If a lane change under paragraph “a” would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop. 
    Sec. 2.  Section 805.8A, subsection 11, Code 2018, is amended to read as follows:
   11.  a.  Emergency vehicle and equipment-related violations.  For emergency vehicle violations relating to certain authorized emergency vehicles, fire apparatus and equipment, and police bicycles under the following sections, the scheduled fine is as follows:
   a.  (1)  Section 321.231$100.
   b.  (2)  Section 321.323A, subsection 1$100.
   c.  (3)  Section 321.324$100.
   d.  (4)  Section 321.367$100.
   e.  (5)  Section 321.368$100.
   b.  Violations relating to stationary nonemergency vehicles.  For violations relating to the approach of stationary nonemergency vehicles under section 321.323A, subsections 2 and 2A, the scheduled fine is one hundred dollars.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, the operator of a motor vehicle who encounters a stationary vehicle which is of a certain type and which is displaying certain flashing lights must approach the stationary vehicle with due caution and make a lane change if possible under the existing safety and traffic conditions. If a lane change would be impossible, prohibited by law, or unsafe, the operator must reduce the speed of the vehicle to a reasonable and proper speed for the existing road and traffic conditions and be prepared to stop. Such stationary vehicles include authorized emergency vehicles, towing or recovery vehicles, utility maintenance vehicles, municipal maintenance vehicles, stationary highway maintenance vehicles, and solid waste or recycling collection service vehicles.
   This bill extends these requirements to include any stationary motor vehicle continually displaying its emergency signal lamps flashing simultaneously. A violation of the requirements is a simple misdemeanor punishable by a scheduled fine of $100. If the violation causes property damage, the violation is punishable by suspension of the violator’s driver’s license for 90 days in addition to the scheduled fine. If the violation causes bodily injury, the violation is punishable by an additional fine of $500 and suspension of the violator’s driver’s license for 180 days. If the violation causes death, the violation is punishable by an additional fine of $1,000 and suspension of the violator’s driver’s license for one year. 
   The bill amends the scheduled fine provision to separate violations relating to stationary authorized emergency vehicles from violations relating to stationary nonemergency vehicles.