House File 2304 - Introduced HOUSE FILE 2304 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HSB 509) A BILL FOR An Act relating to motor vehicles approaching certain 1 stationary motor vehicles, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5080HV (2) 87 ns/rh

H.F. 2304 Section 1. Section 321.323A, subsection 1, unnumbered 1 paragraph 1, Code 2018, is amended to read as follows: 2 The operator of a motor vehicle approaching a stationary 3 authorized emergency vehicle that is displaying flashing 4 yellow, amber, white, red, or red and blue lights , as permitted 5 under section 321.423, shall approach the authorized emergency 6 vehicle with due caution and shall proceed in one of the 7 following manners, absent any other direction by a peace 8 officer: 9 Sec. 2. Section 321.323A, subsection 2, unnumbered 10 paragraph 1, Code 2018, is amended to read as follows: 11 The operator of a motor vehicle approaching a stationary 12 towing or recovery vehicle, a stationary utility maintenance 13 vehicle, a stationary municipal maintenance vehicle, a 14 stationary highway maintenance vehicle, a stationary 15 construction vehicle, or a stationary solid waste or recycling 16 collection service vehicle, that is displaying flashing yellow, 17 amber, blue, white, or red lights, as permitted under section 18 321.423, shall approach the vehicle with due caution and shall 19 proceed in one of the following manners, absent any other 20 direction by a peace officer: 21 Sec. 3. Section 321.323A, subsection 2, paragraph a, Code 22 2018, is amended to read as follows: 23 a. Make a lane change into a lane not adjacent to the 24 towing, recovery, utility maintenance, municipal maintenance, 25 or highway maintenance stationary motor vehicle if possible in 26 the existing safety and traffic conditions. 27 Sec. 4. Section 321.323A, Code 2018, is amended by adding 28 the following new subsection: 29 NEW SUBSECTION . 2A. The operator of a motor vehicle 30 approaching a stationary motor vehicle that is continually 31 displaying its emergency signal lamps flashing simultaneously 32 shall approach the vehicle with due caution and shall proceed 33 in one of the following manners, absent any other direction by 34 a peace officer: 35 -1- LSB 5080HV (2) 87 ns/rh 1/ 3

H.F. 2304 a. Make a lane change into a lane not adjacent to the 1 stationary motor vehicle if possible in the existing safety and 2 traffic conditions. 3 b. If a lane change under paragraph “a” would be impossible, 4 prohibited by law, or unsafe, reduce the speed of the motor 5 vehicle to a reasonable and proper speed for the existing road 6 and traffic conditions, which speed shall be less than the 7 posted speed limit, and be prepared to stop. 8 Sec. 5. Section 321.423, subsection 2, paragraph h, Code 9 2018, is amended to read as follows: 10 h. A flashing amber light is permitted on a towing or 11 recovery vehicle, a utility maintenance vehicle, a municipal 12 maintenance vehicle, a highway maintenance vehicle, a 13 construction vehicle, a solid waste or recycling collection 14 service vehicle, or a vehicle operated in accordance with 15 subsection 6 or section 321.398 or 321.453 . 16 Sec. 6. Section 805.8A, subsection 11, Code 2018, is amended 17 to read as follows: 18 11. a. Emergency vehicle and equipment-related 19 violations. For emergency vehicle violations relating to 20 authorized emergency vehicles, fire apparatus and equipment, 21 and police bicycles under the following sections, the scheduled 22 fine is as follows: 23 a. (1) Section 321.231 . . . . . . . . . . . . . . . . $100. 24 b. (2) Section 321.323A , subsection 1 . $100. 25 c. (3) Section 321.324 . . . . . . . . . . . . . . . . $100. 26 d. (4) Section 321.367 . . . . . . . . . . . . . . . . $100. 27 e. (5) Section 321.368 . . . . . . . . . . . . . . . . $100. 28 b. Violations relating to stationary nonemergency vehicles. 29 For violations relating to the approach of certain stationary 30 nonemergency vehicles under section 321.323A, subsections 2 and 31 2A, the scheduled fine is one hundred dollars. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -2- LSB 5080HV (2) 87 ns/rh 2/ 3

H.F. 2304 Under current law, the operator of a motor vehicle who 1 encounters a stationary vehicle which is of a certain type and 2 which is displaying certain flashing lights must approach the 3 stationary vehicle with due caution and make a lane change if 4 possible under the existing safety and traffic conditions. 5 If a lane change would be impossible, prohibited by law, or 6 unsafe, the operator must reduce the speed of the vehicle to a 7 reasonable and proper speed for the existing road and traffic 8 conditions and be prepared to stop. This bill expands the 9 list of protected stationary vehicles to include stationary 10 construction vehicles, and permits construction vehicles 11 to display amber flashing lights. The bill also extends 12 these requirements to include a motor vehicle approaching a 13 stationary motor vehicle that is continually displaying its 14 emergency signal lamps flashing simultaneously. 15 A violation of the requirements relating to approaching 16 stationary vehicles is a simple misdemeanor punishable by a 17 scheduled fine of $100. If the violation causes property 18 damage, the violation is punishable by suspension of the 19 violator’s driver’s license for 90 days in addition to the 20 scheduled fine. If the violation causes bodily injury, the 21 violation is punishable by an additional fine of $500 and 22 suspension of the violator’s driver’s license for 180 days. 23 If the violation causes death, the violation is punishable by 24 an additional fine of $1,000 and suspension of the violator’s 25 driver’s license for one year. 26 The bill amends the scheduled fine provision to separate 27 violations relating to stationary authorized emergency vehicles 28 from violations relating to stationary nonemergency vehicles. 29 -3- LSB 5080HV (2) 87 ns/rh 3/ 3