H.F. 2341 Section 1. Section 321.299, Code 2018, is amended to read 1 as follows: 2 321.299 Overtaking a vehicle or bicycle . 3 The following rules shall govern the overtaking and passing 4 of vehicles and bicycles proceeding in the same direction, 5 subject to those limitations, exceptions, and special rules 6 hereinafter stated: 7 1. The driver of a vehicle overtaking another vehicle 8 proceeding in the same direction shall pass to the left of the 9 other vehicle at a safe distance and shall not again drive 10 to the right side of the roadway until safely clear of the 11 overtaken vehicle. 12 2. Except when overtaking and passing on the right is 13 permitted, the driver of an overtaken vehicle shall give way 14 to the right in favor of the overtaking vehicle and shall not 15 increase the speed of the overtaken vehicle until completely 16 passed by the overtaking vehicle. 17 3. The driver of a vehicle overtaking a person riding a 18 bicycle proceeding in the same direction on a roadway shall 19 pass to the left of the bicycle in an adjacent travel lane or 20 on the opposite side of the roadway and shall not again drive 21 to the right side of the roadway until safely clear of the 22 overtaken bicycle in accordance with section 321.281. This 23 subsection shall not apply to a vehicle overtaking a bicycle 24 which is traveling on a paved shoulder or in a lane designated 25 for the travel of bicycles. 26 Sec. 2. Section 321.304, Code 2018, is amended to read as 27 follows: 28 321.304 Prohibited passing. 29 No A vehicle shall not , in overtaking and passing another 30 vehicle , a bicycle, or at any other time, be driven to the left 31 side of the roadway under the following conditions: 32 1. When approaching the crest of a grade or upon a curve 33 in the highway where the driver’s view along the highway is 34 obstructed for a distance of approximately seven hundred feet. 35 -1- LSB 2446HZ (2) 87 ns/rh 1/ 6

H.F. 2341 2. When approaching within one hundred feet of any narrow 1 bridge, viaduct, or tunnel, when so signposted, or when 2 approaching within one hundred feet of or traversing any 3 intersection or railroad grade crossing. 4 3. Where official signs are in place directing that traffic 5 keep to the right or a distinctive center line or off-center 6 line is marked, which distinctive line also so directs traffic 7 as declared in the sign manual adopted by the department of 8 transportation. This subsection shall not apply to a vehicle 9 overtaking and passing a bicycle, provided the vehicle complies 10 with section 321.303. 11 Sec. 3. Section 321.385A, Code 2018, is amended to read as 12 follows: 13 321.385A Citation for unlighted headlamp, rear lamp, bicycle 14 lamp, or rear registration plate light. 15 1. a. A citation issued for failure to have headlamps 16 as required under section 321.385 shall first provide for a 17 seventy-two hour seventy-two-hour period within which the 18 person charged with the violation shall replace or repair the 19 headlamp. 20 b. A citation issued for failure to have rear lamps as 21 required under section 321.387 or a rear registration plate 22 light as required under section 321.388 shall first provide for 23 a seventy-two hour seventy-two-hour period within which the 24 person charged with the violation shall replace or repair the 25 lamps or light. 26 c. A citation issued for failure to have a front or rear 27 lamp on a bicycle or on a bicycle rider as required under 28 section 321.397 shall first provide for a seventy-two-hour 29 period within which the person charged with the violation shall 30 replace or repair the lamp. 31 2. If the person complies with the directive to replace 32 or repair the headlamp, rear lamps, bicycle lamp, or rear 33 registration plate light within the allotted time period, 34 the citation shall be expunged. If the person fails to 35 -2- LSB 2446HZ (2) 87 ns/rh 2/ 6

H.F. 2341 comply within the allotted time period, the citation shall be 1 processed in the same manner as other citations. 2 3. A citation issued under this section shall include 3 a written notice of replacement or repair which shall 4 indicate the date of replacement or repair and the manner in 5 which the replacement or repair occurred and which shall be 6 returned to the issuing authority within the seventy-two hour 7 seventy-two-hour time period. 8 Sec. 4. Section 321.397, Code 2018, is amended to read as 9 follows: 10 321.397 Lamps on bicycles. 11 Every At any time from sunset to sunrise, a bicycle shall 12 be equipped with a lamp on the front exhibiting a steady 13 or flashing white light , at the times specified in section 14 321.384 , visible from a distance of at least three hundred 15 feet to the front , and every bicycle or bicycle rider shall 16 be equipped with a lamp on the rear exhibiting a steady or 17 flashing red light visible from a distance of three hundred 18 feet to the rear ; except that a red reflector may be used in 19 lieu of a rear light . A peace officer riding a police bicycle 20 is not required to use either front or rear lamps if duty so 21 requires. 22 Sec. 5. Section 321.423, subsection 2, Code 2018, is amended 23 by adding the following new paragraph: 24 NEW PARAGRAPH . k. A flashing white or red light equipped on 25 a bicycle operating on a highway pursuant to section 321.397 26 is permitted. 27 Sec. 6. Section 321.423, subsection 7, paragraph a, 28 unnumbered paragraph 1, Code 2018, is amended to read as 29 follows: 30 Except as provided in section 321.373, subsection 7 , and 31 subsection 2 , paragraphs “c” , and “i” , and “k” of this section , 32 a flashing white light shall only be used on a vehicle in the 33 following circumstances: 34 Sec. 7. NEW SECTION . 321.434A Bicycle riders —— 35 -3- LSB 2446HZ (2) 87 ns/rh 3/ 6

H.F. 2341 high-visibility or reflective clothing. 1 A person riding a bicycle on a highway with a speed limit of 2 forty-five miles per hour or more, other than for the purpose 3 of crossing the highway at a crosswalk, shall wear clothing 4 and equipment which together contain at least one hundred 5 forty-four square inches of high-visibility or reflective 6 material visible to the rear of the bicycle. This section 7 shall not apply to a person riding a bicycle as part of an 8 organized bicycle riding event involving five hundred or more 9 bicycle riders at which one or more certified peace officers 10 are providing traffic control and direction. 11 Sec. 8. Section 805.8A, subsection 9, Code 2018, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . l. Section 321.434A . . . . $ 25. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill amends Code section 321.299 to require the driver 18 of a vehicle overtaking a person riding a bicycle proceeding 19 in the same direction on a roadway to pass to the left of the 20 bicycle in an adjacent travel lane or on the opposite side of 21 the roadway, and prohibits the driver from returning to the 22 right side of the roadway until safely clear of the overtaken 23 bicycle in accordance with Code section 321.281. Code section 24 321.281 prohibits a person operating a vehicle from steering 25 the vehicle unreasonably close to or toward a person riding 26 a bicycle on a highway. This provision of the bill does not 27 apply if the bicycle is traveling on a paved shoulder or in a 28 lane designated for the travel of bicycles. 29 A violation of Code section 321.281 is punishable by a 30 scheduled fine of $250 and a violation of Code section 321.299 31 is punishable by a scheduled fine of $100. However, if a 32 violation of Code section 321.299 causes a serious injury, a 33 court could impose an additional fine of $500 and suspend the 34 person’s driver’s license for not more than 90 days. If the 35 -4- LSB 2446HZ (2) 87 ns/rh 4/ 6

H.F. 2341 violation causes a death, a court could impose an additional 1 fine of $1,000 and suspend the person’s driver’s license for 2 not more than 180 days. 3 Under Code section 321.234, a person riding a bicycle on the 4 highway is subject to the provisions of Code chapter 321 (motor 5 vehicles and law of the road) and has all the rights and duties 6 applicable to the driver of a vehicle. The bill specifies 7 that under Code section 321.304 a vehicle is prohibited from 8 overtaking and passing a bicycle when approaching the crest of 9 a grade or upon a curve in the highway where the driver’s view 10 along the highway is obstructed for a distance of approximately 11 700 feet; when approaching within 100 feet of any narrow 12 bridge, viaduct, or tunnel; or when approaching within 100 feet 13 of or traversing any intersection or railroad grade crossing. 14 However, the bill provides that a vehicle may pass a bicycle 15 where official signs are in place directing that traffic keep 16 to the right or a distinctive center line or off-center line 17 is marked, provided the vehicle complies with the current 18 requirements for overtaking on the left. 19 A violation of Code section 321.304 is punishable by a 20 scheduled fine of $100. However, if the violation causes a 21 serious injury, a court could impose an additional fine of $500 22 and suspend the person’s driver’s license for not more than 90 23 days. If the violation causes a death, a court could impose 24 an additional fine of $1,000 and suspend the person’s driver’s 25 license for not more than 180 days. 26 Current law requires a bicycle to have a front lighted 27 lamp and either a rear lighted lamp or a rear reflector at 28 any time from sunset to sunrise, and at such other times 29 when conditions such as fog, snow, sleet, or rain provide 30 insufficient lighting to render clearly discernible persons and 31 vehicles on the highway at a distance of 500 feet ahead. The 32 bill instead requires that, from sunset to sunrise, a bicycle 33 must be equipped with a lamp on the front exhibiting a steady 34 or flashing white light visible from a distance of at least 300 35 -5- LSB 2446HZ (2) 87 ns/rh 5/ 6

H.F. 2341 feet to the front, and every bicycle or bicycle rider must be 1 equipped with a lamp exhibiting a steady or flashing red light 2 visible from a distance of 300 feet to the rear. 3 The scheduled fine for a violation of this provision is $25. 4 However, the bill provides that a citation issued for failure 5 to have a front or rear lamp on a bicycle or on a bicycle rider 6 must first provide for a 72-hour period within which the person 7 charged with the violation can replace or repair the lamp. If 8 the person complies with the directive to replace or repair the 9 bicycle lamp, the citation must be expunged. 10 The bill requires a person riding a bicycle on a highway 11 with a speed limit of 45 miles per hour or more, other than 12 for the purpose of crossing the highway at a crosswalk, to 13 wear clothing and equipment which together contain at least 14 144 square inches of high-visibility or reflective material 15 visible to the rear of the bicycle. The scheduled fine for a 16 violation of this provision is $25. The bill provides that 17 the provision does not apply to a person riding a bicycle as 18 part of an organized bicycle riding event involving 500 or more 19 bicycle riders at which one or more certified peace officers 20 are providing traffic control and direction. 21 -6- LSB 2446HZ (2) 87 ns/rh 6/ 6