House
Study
Bill
509
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
CARLSON)
A
BILL
FOR
An
Act
relating
to
motor
vehicles
approaching
stationary
1
construction
vehicles,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
_____
Section
1.
Section
321.323A,
subsection
2,
unnumbered
1
paragraph
1,
Code
2018,
is
amended
to
read
as
follows:
2
The
operator
of
a
motor
vehicle
approaching
a
stationary
3
towing
or
recovery
vehicle,
a
stationary
utility
maintenance
4
vehicle,
a
stationary
municipal
maintenance
vehicle,
a
5
stationary
highway
maintenance
vehicle,
a
stationary
6
construction
vehicle,
or
a
stationary
solid
waste
or
recycling
7
collection
service
vehicle,
that
is
displaying
flashing
yellow,
8
amber,
blue,
white,
or
red
lights,
shall
approach
the
vehicle
9
with
due
caution
and
shall
proceed
in
one
of
the
following
10
manners,
absent
any
other
direction
by
a
peace
officer:
11
Sec.
2.
Section
321.423,
subsection
2,
paragraph
h,
Code
12
2018,
is
amended
to
read
as
follows:
13
h.
A
flashing
amber
light
is
permitted
on
a
towing
or
14
recovery
vehicle,
a
utility
maintenance
vehicle,
a
municipal
15
maintenance
vehicle,
a
highway
maintenance
vehicle,
a
16
construction
vehicle,
a
solid
waste
or
recycling
collection
17
service
vehicle,
or
a
vehicle
operated
in
accordance
with
18
subsection
6
or
section
321.398
or
321.453
.
19
Sec.
3.
Section
805.8A,
subsection
11,
Code
2018,
is
amended
20
to
read
as
follows:
21
11.
a.
Emergency
vehicle
and
equipment-related
22
violations.
For
emergency
vehicle
violations
relating
to
23
authorized
emergency
vehicles,
fire
apparatus
and
equipment,
24
and
police
bicycles
under
the
following
sections,
the
scheduled
25
fine
is
as
follows:
26
a.
(1)
Section
321.231
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$100.
27
b.
(2)
Section
321.323A
,
subsection
1
.
$100.
28
c.
(3)
Section
321.324
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$100.
29
d.
(4)
Section
321.367
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$100.
30
e.
(5)
Section
321.368
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$100.
31
b.
Violations
relating
to
stationary
nonemergency
vehicles.
32
For
violations
relating
to
the
approach
of
certain
stationary
33
nonemergency
vehicles
under
section
321.323A,
subsection
2,
the
34
scheduled
fine
is
one
hundred
dollars.
35
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_____
EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
Under
current
law,
the
operator
of
a
motor
vehicle
who
4
encounters
a
stationary
vehicle
which
is
of
a
certain
type
and
5
which
is
displaying
certain
flashing
lights
must
approach
the
6
stationary
vehicle
with
due
caution
and
make
a
lane
change
if
7
possible
under
the
existing
safety
and
traffic
conditions.
8
If
a
lane
change
would
be
impossible,
prohibited
by
law,
or
9
unsafe,
the
operator
must
reduce
the
speed
of
the
vehicle
to
a
10
reasonable
and
proper
speed
for
the
existing
road
and
traffic
11
conditions
and
be
prepared
to
stop.
This
bill
expands
the
12
list
of
protected
stationary
vehicles
to
include
stationary
13
construction
vehicles,
and
permits
construction
vehicles
to
14
display
amber
flashing
lights.
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
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