Senate Study Bill 3049 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF TRANSPORTATION BILL) A BILL FOR An Act relating to texting or using a mobile telephone while 1 operating a commercial motor vehicle, providing penalties, 2 and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5318XD (6) 87 ns/rh

S.F. _____ H.F. _____ Section 1. Section 321.482A, unnumbered paragraph 1, Code 1 2018, is amended to read as follows: 2 Notwithstanding section 321.482 , a person who is convicted 3 of operating a motor vehicle in violation of section 321.178, 4 subsection 2 , paragraph “a” , subparagraph (2), section 5 321.180B, subsection 6 , section 321.194, subsection 2 , 6 paragraph “b” , subparagraph (2), section 321.256 , 321.257 , 7 section 321.275, subsection 4 , section 321.276, 321.297 , 8 321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 , 9 321.307 , 321.308 , section 321.309, subsection 2 , or section 10 321.311 , 321.319 , 321.320 , 321.321 , 321.322 , 321.323 , 321.324 , 11 321.324A , 321.327 , 321.329 , 321.333 , or section 321.372, 12 subsection 3 , or section 321.449B, causing serious injury to 13 or the death of another person may be subject to the following 14 penalties in addition to the penalty provided for a scheduled 15 violation in section 805.8A or any other penalty provided by 16 law: 17 Sec. 2. NEW SECTION . 321.449B Texting or using a mobile 18 telephone while operating a commercial motor vehicle. 19 1. a. A person subject to rules adopted by the department 20 pursuant to section 321.449 shall not operate a commercial 21 motor vehicle while engaged in texting as prohibited by 22 49 C.F.R. §392.80, except in an emergency or as otherwise 23 permitted under 49 C.F.R. §392.80. 24 b. A person subject to rules adopted by the department 25 pursuant to section 321.449 shall not operate a commercial 26 motor vehicle while using a hand-held mobile telephone as 27 prohibited by 49 C.F.R. §392.82, except in an emergency or as 28 otherwise permitted under 49 C.F.R. §392.82. 29 2. a. A person convicted of a violation of this section 30 is guilty of a simple misdemeanor punishable as a scheduled 31 violation under section 805.8A, subsection 13, paragraph “b” . 32 b. A violation of this section shall be considered a moving 33 violation for the purposes of this chapter and rules adopted 34 pursuant to this chapter. 35 -1- LSB 5318XD (6) 87 ns/rh 1/ 2

S.F. _____ H.F. _____ c. A conviction for a violation of this section shall be in 1 lieu of a conviction for a violation of section 321.276 if the 2 violations are based on the same facts and circumstances. 3 Sec. 3. Section 805.8A, subsection 13, paragraph b, Code 4 2018, is amended to read as follows: 5 b. For a violation under section 321.449 , or 321.449A , or 6 321.449B, the scheduled fine is fifty dollars. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill prohibits a person subject to the department of 11 transportation’s motor carrier safety rules from operating a 12 commercial motor vehicle while engaged in texting or while 13 using a hand-held mobile telephone as prohibited by federal 14 regulations, except in an emergency or as otherwise permitted 15 under such federal regulations. 16 A violation of the provision is a simple misdemeanor 17 punishable by a scheduled fine of $50 and is considered a 18 moving violation. However, a conviction for a violation of the 19 provision shall be in lieu of a conviction for a violation of 20 Code section 321.276 (use of electronic communication device 21 while driving) if the violations are based on the same facts 22 and circumstances. The bill also includes a violation of Code 23 section 321.449B on the list of traffic offenses for which 24 additional penalties may be imposed if the violation causes 25 serious injury or death. If the violation causes a serious 26 injury, a court could impose an additional fine of $500 or 27 suspend the person’s driver’s license for not more than 90 28 days, or both. If the violation causes a death, a court could 29 impose an additional fine of $1,000 or suspend the person’s 30 driver’s license for not more than 180 days, or both. 31 Under current law, a violation of Code section 321.276 is a 32 simple misdemeanor punishable by a scheduled fine of $30, is 33 not a moving violation, and is subject to the same additional 34 penalties if the violation causes serious injury or death. 35 -2- LSB 5318XD (6) 87 ns/rh 2/ 2