HF 529 (LSB 2190YH (2) 90)

HOUSE FILE 529

BY  JENEARY

A BILL FOR

An Act relating to the removal of vehicles or debris from highways, including payment of associated costs and blue lights on involved towing or recovery vehicles.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.371, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  A person who is at fault for causing the crash, collision, or other circumstance that resulted in the wrecked or damaged vehicle on the highway is liable for all costs associated with removing the vehicle, glass, and other injurious substance from the highway, as described in subsection 1. The costs shall be paid by the person or by the person’s insurance company pursuant to the person’s insurance policy.
    Sec. 2.  Section 321.423, subsection 3, paragraph a, Code 2023, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (6)  A towing or recovery vehicle, regardless of whether the vehicle is an authorized emergency vehicle, while being used to clear a vehicle or debris from a highway.
    Sec. 3.  Section 321.423, subsection 3, paragraph b, Code 2023, is amended to read as follows:
   b.  A person shall not use only a blue light on a vehicle unless the vehicle meets the requirements of paragraph “a”, subparagraph (1), (2), or (3), or (6).
    Sec. 4.  Section 515.48, subsection 1, paragraph a, subparagraph (8), Code 2023, is amended to read as follows:
   (8)  Loss or damage caused by railroad equipment, motor vehicles, airplanes, seaplanes, dirigibles, or other aircraft, including but not limited to removal of vehicles, glass, or other injurious substance from a highway as described in section 321.371.
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, any person removing a wrecked or damaged vehicle from a highway must remove any glass or other injurious substance dropped upon the highway from such vehicle. A person who fails to do so commits a simple misdemeanor punishable by a scheduled fine of $35. This bill provides that the person at fault is liable for all costs associated with the removal. The costs must be paid by the person or by the person’s insurance company. By operation of law, a person who does not pay for the removal as required commits a simple misdemeanor punishable by a scheduled fine of $35.
   The bill includes removal of vehicles, glass, or other injurious substances left upon the highway after a wreck as “loss or damage” that may be insured under Code section 515.48.
   Under current law, a towing or recovery vehicle is authorized to display a flashing amber light. However, such a vehicle may be designated as an authorized emergency vehicle, in which case the vehicle is authorized to display red and blue lights. The bill provides that such vehicles, regardless of whether the vehicle is an authorized emergency vehicle, may display solid or flashing blue lights when being used to clear a vehicle or debris from a highway. Code section 321.1 defines “towing or recovery vehicle” as a motor vehicle equipped with booms, winches, slings, or wheel lifts used to tow, recover, or transport other motor vehicles.
   Under current law, a violation of Code section 321.423 (flashing lights) is punishable by a scheduled fine of $45.