House
File
2568
-
Introduced
HOUSE
FILE
2568
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
HF
586)
(SUCCESSOR
TO
HF
214)
A
BILL
FOR
An
Act
relating
to
nonvehicular
traffic,
including
pedestrian
1
conveyances
and
bicyclists’
right-of-way
at
certain
2
crosswalks,
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1783HZ
(2)
90
th/ns
H.F.
2568
Section
1.
Section
321.1,
subsection
51,
Code
2024,
is
1
amended
to
read
as
follows:
2
51.
“Pedestrian”
means
any
a
person
afoot
or
a
person
using
3
a
pedestrian
conveyance
.
4
Sec.
2.
Section
321.1,
Code
2024,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
51A.
“Pedestrian
conveyance”
means
any
7
human-powered
device
by
which
a
pedestrian
may
move
other
8
than
by
walking
or
by
which
a
pedestrian
may
move
another
9
person,
including
but
not
limited
to
a
wheelchair,
stroller,
10
skateboard,
scooter,
or
other
similar
device.
“Pedestrian
11
conveyance”
also
includes
an
electric
personal
assistive
12
mobility
device
and
any
other
device
used
to
move
a
person
13
sitting
or
standing
on
the
device
regardless
of
whether
the
14
device
is
powered
by
an
electric
motor,
so
long
as
the
electric
15
motor
produces
less
than
seven
hundred
fifty
watts.
“Pedestrian
16
conveyance”
does
not
include
a
bicycle.
17
Sec.
3.
Section
321.1,
subsection
90,
paragraph
a,
Code
18
2024,
is
amended
to
read
as
follows:
19
a.
Any
device
moved
by
human
power,
including
a
low-speed
20
electric
bicycle
and
a
pedestrian
conveyance
.
21
Sec.
4.
Section
321.235A,
subsection
2,
paragraphs
a
and
b,
22
Code
2024,
are
amended
to
read
as
follows:
23
a.
Yield
the
right-of-way
to
other
pedestrians
and
24
human-powered
devices
.
25
b.
Give
an
audible
signal
before
overtaking
and
passing
a
26
pedestrian
or
human-powered
device
.
27
Sec.
5.
Section
321.327,
subsection
1,
Code
2024,
is
amended
28
to
read
as
follows:
29
1.
Where
traffic-control
signals
are
not
in
place
30
or
in
operation
,
the
driver
of
a
vehicle
shall
yield
the
31
right-of-way,
slowing
down
or
stopping
if
need
be
to
so
yield,
32
to
a
pedestrian
or
a
person
riding
a
bicycle
crossing
the
33
roadway
within
any
marked
crosswalk
or
within
any
unmarked
34
crosswalk
at
an
intersection,
except
as
otherwise
provided
in
35
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2568
this
chapter
.
1
Sec.
6.
Section
321.366,
subsection
1,
paragraph
g,
Code
2
2024,
is
amended
to
read
as
follows:
3
g.
Operate
Ride
a
bicycle
,
skateboard,
or
other
use
a
4
pedestrian
conveyance
,
or
be
a
pedestrian
,
anywhere
on
a
fully
5
controlled-access
facility.
For
purposes
of
this
paragraph,
6
“pedestrian
conveyance”
means
any
human-powered
device
by
which
7
a
pedestrian
may
move
other
than
by
walking
or
by
which
a
8
walking
person
may
move
another
pedestrian,
including
but
not
9
limited
to
strollers
and
wheelchairs.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
laws
applicable
to
nonvehicular
14
traffic.
15
Under
current
law,
for
purposes
of
Code
chapter
321
(motor
16
vehicles
and
law
of
the
road),
“pedestrian”
means
any
person
17
afoot.
The
bill
amends
the
definition
to
include
a
person
18
using
a
pedestrian
conveyance,
as
defined
in
the
bill.
In
19
addition
to
devices
moved
by
human-power,
electric
personal
20
assistive
mobility
devices
(Code
section
321.1(20B))
and
21
electric-powered
devices
that
produce
less
than
750
watts
are
22
specifically
included
as
a
pedestrian
conveyance.
However,
23
bicycles
are
not
considered
a
pedestrian
conveyance.
24
The
bill
strikes
a
conflicting
definition
of
pedestrian
25
conveyance
in
Code
section
321.366.
26
In
Code
chapter
321,
the
term
“pedestrian”
is
used
for
27
purposes
relating
to
required
driver
education
awareness
28
instruction,
official
traffic-control
signals
directing
29
pedestrian
traffic,
and
requirements
for
persons
operating
a
30
motor
vehicle
to
yield
or
give
signals
to
pedestrians.
31
Code
sections
321.325
through
321.340
provide
pedestrians’
32
rights
and
duties,
which
are
applicable
to
persons
using
33
pedestrian
conveyances
under
the
bill.
Pursuant
to
current
34
law,
generally,
a
person
who
commits
a
prohibited
action
35
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2568
against
a
pedestrian
is
guilty
of
a
simple
misdemeanor
1
punishable
by
a
$35
scheduled
fine
(Code
section
805.8A(9)).
2
Under
current
law,
a
person
riding
a
bicycle
(bicyclist)
on
3
a
highway
is
subject
to
the
provisions
of
Code
chapter
321
and
4
has
all
the
rights
and
duties
applicable
to
a
driver,
except
5
those
provisions
which
by
their
nature
have
no
application
6
and
those
provisions
for
which
specific
exceptions
have
been
7
set
forth
regarding
police
bicycles
(Code
section
321.234).
8
In
addition,
current
law
penalizes
certain
actions
against
9
bicyclists,
such
as
steering
a
vehicle
unreasonably
close
to
10
the
bicyclist
or
projecting
an
object
at
the
bicyclist
(Code
11
section
321.281).
12
The
bill
requires
a
driver
to
yield
the
right-of-way
to
a
13
bicyclist
crossing
the
roadway
within
any
marked
crosswalk,
14
or
within
any
unmarked
crosswalk
at
an
intersection,
in
15
the
same
manner
required
when
yielding
to
pedestrians
where
16
traffic-control
signals
are
not
in
place
or
in
operation.
17
A
driver
who
fails
to
yield
the
right-of-way
to
a
bicyclist
18
when
required
commits
a
simple
misdemeanor
punishable
by
a
19
$135
scheduled
fine.
By
operation
of
law,
if
the
violation
20
causes
a
serious
injury,
a
court
could
impose
an
additional
21
fine
of
$500
or
suspend
the
person’s
driver’s
license
for
not
22
more
than
90
days,
or
both.
If
the
violation
causes
a
death,
a
23
court
could
impose
an
additional
fine
of
$1,000
or
suspend
the
24
person’s
driver’s
license
for
not
more
than
180
days,
or
both
25
(Code
section
321.482A).
The
penalties
for
certain
violations
26
against
pedestrians,
including
persons
using
a
pedestrian
27
conveyance,
are
also
enhanced
under
Code
section
321.482A
if
28
the
violation
causes
serious
injury
or
death.
29
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