HF 2333 (LSB 5379HH (2) 89)

HOUSE FILE 2333

BY  GERHOLD, BRADLEY, and BUSH

A BILL FOR

An Act relating to bicyclists’ right-of-way at certain crosswalks, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.327, subsection 1, Code 2022, is amended to read as follows:
   1.  Where traffic-control signals are not in place or in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian or a person riding a bicycle crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a person riding a bicycle on a highway is subject to the provisions of Code chapter 321 (motor vehicles and law of the road) and has all the rights and duties applicable to the driver of a vehicle, except those provisions which by their nature can have no application or those provisions for which specific exceptions have been set forth regarding police bicycles (Code section 321.234). In addition, current law penalizes certain actions against persons riding a bicycle, such as steering a vehicle unreasonably close to the bicycle or projecting an object at the bicycle (Code section 321.281).
   This bill requires the driver of a vehicle to yield the right-of-way to a person riding a bicycle crossing the roadway within any marked crosswalk, or within any unmarked crosswalk at an intersection, in the same manner required when yielding to pedestrians where traffic-control signals are not in place or in operation.
   A driver of a vehicle convicted of a violation under the bill is guilty of a simple misdemeanor punishable by a $135 scheduled fine. By operation of law, 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 (Code section 321.482A).