HSB 535 (LSB 5318XD (6) 87)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF TRANSPORTATION BILL)

A BILL FOR

An Act relating to texting or using a mobile telephone while operating a commercial motor vehicle, providing penalties, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.482A, unnumbered paragraph 1, Code 2018, is amended to read as follows:
   Notwithstanding section 321.482, a person who is convicted of operating a motor vehicle in violation of section 321.178, subsection 2, paragraph “a”, subparagraph (2), section 321.180B, subsection 6, section 321.194, subsection 2, paragraph “b”, subparagraph (2), section 321.256, 321.257, section 321.275, subsection 4, section 321.276, 321.297, 321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306, 321.307, 321.308, section 321.309, subsection 2, or section 321.311, 321.319, 321.320, 321.321, 321.322, 321.323, 321.324, 321.324A, 321.327, 321.329, 321.333, or section 321.372, subsection 3, or section 321.449B, causing serious injury to or the death of another person may be subject to the following penalties in addition to the penalty provided for a scheduled violation in section 805.8A or any other penalty provided by law:
    Sec. 2.  NEW SECTION.  321.449B  Texting or using a mobile telephone while operating a commercial motor vehicle.

   1.  a.  A person subject to rules adopted by the department pursuant to section 321.449 shall not operate a commercial motor vehicle while engaged in texting as prohibited by 49 C.F.R. §392.80, except in an emergency or as otherwise permitted under 49 C.F.R. §392.80.
   b.  A person subject to rules adopted by the department pursuant to section 321.449 shall not operate a commercial motor vehicle while using a hand-held mobile telephone as prohibited by 49 C.F.R. §392.82, except in an emergency or as otherwise permitted under 49 C.F.R. §392.82.
   2.  a.  A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 13, paragraph “b”.
   b.  A violation of this section shall be considered a moving violation for the purposes of this chapter and rules adopted pursuant to this chapter.
   c.  A conviction for a violation of this section shall be in lieu of a conviction for a violation of section 321.276 if the violations are based on the same facts and circumstances.
    Sec. 3.  Section 805.8A, subsection 13, paragraph b, Code 2018, is amended to read as follows:
   b.  For a violation under section 321.449, or 321.449A, or 321.449B, the scheduled fine is fifty dollars.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a person subject to the department of transportation’s motor carrier safety rules from operating a commercial motor vehicle while engaged in texting or while using a hand-held mobile telephone as prohibited by federal regulations, except in an emergency or as otherwise permitted under such federal regulations.
   A violation of the provision is a simple misdemeanor punishable by a scheduled fine of $50 and is considered a moving violation. However, a conviction for a violation of the provision shall be in lieu of a conviction for a violation of Code section 321.276 (use of electronic communication device while driving) if the violations are based on the same facts and circumstances. The bill also includes a violation of Code section 321.449B on the list of traffic offenses for which additional penalties may be imposed if the violation causes serious injury or death. If the violation causes a serious injury, a court could impose an additional fine of $500 or suspend the person’s driver’s license for not more than 90 days, or both. If the violation causes a death, a court could impose an additional fine of $1,000 or suspend the person’s driver’s license for not more than 180 days, or both.
   Under current law, a violation of Code section 321.276 is a simple misdemeanor punishable by a scheduled fine of $30, is not a moving violation, and is subject to the same additional penalties if the violation causes serious injury or death.