House File 28 - Introduced HOUSE FILE 28 BY SALMON A BILL FOR An Act relating to the intentional avoidance of traffic-control 1 devices, providing penalties, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1149YH (4) 89 th/ns
H.F. 28 Section 1. Section 321.256, Code 2021, is amended to read 1 as follows: 2 321.256 Obedience to official traffic-control devices —— 3 intentional avoidance prohibited . 4 1. No A driver of a vehicle shall not disobey the 5 instructions of any official traffic-control device placed 6 in accordance with the provisions of this chapter , unless at 7 the time otherwise directed by a peace officer subject to 8 the exceptions granted the driver of an authorized emergency 9 vehicle. 10 2. A driver of a vehicle shall not, with the intent to avoid 11 obedience to a traffic-control device placed in accordance 12 with this chapter, operate the vehicle upon or through private 13 property, or upon or through public property that is not a 14 street or highway. 15 Sec. 2. Section 805.8A, subsection 8, paragraph b, Code 16 2021, is amended to read as follows: 17 b. Section 321.256 , subsection 1 . . . . . . . $135. 18 Sec. 3. Section 805.8A, subsection 8, Code 2021, is amended 19 by adding the following new paragraph: 20 NEW PARAGRAPH . 0c. Section 321.256, subsection 2 . ..$35. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 Current law requires the driver of a vehicle to obey 25 traffic-control devices. This bill prohibits a driver 26 of a vehicle from intentionally avoiding obedience to a 27 traffic-control device by operating the vehicle on private 28 property, or public property that is not a street or highway. 29 A violation of the bill is a simple misdemeanor punishable 30 by a scheduled fine of $35. By operation of law, under Code 31 section 321.482A, if the violation causes a serious injury, 32 a court could impose an additional fine of $500 or suspend 33 the person’s driver’s license for not more than 90 days, or 34 both. If the violation causes a death, a court could impose 35 -1- LSB 1149YH (4) 89 th/ns 1/ 2
H.F. 28 an additional fine of $1,000 or suspend the person’s driver’s 1 license for not more than 180 days, or both. Also by operation 2 of law, under Code section 321E.17, a driver who has a permit 3 to operate a vehicle of excessive size or weight and who 4 violates Code section 321.256 commits a serious violation 5 that could result in denial, suspension, or revocation of the 6 permit. 7 -2- LSB 1149YH (4) 89 th/ns 2/ 2