Senate File 185 - Introduced SENATE FILE 185 BY SALMON A BILL FOR An Act relating to the application of certain provisions 1 regarding motor vehicles and law of the road to road 2 workers. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1900XS (3) 90 th/ns
S.F. 185 Section 1. Section 321.233, Code 2023, is amended to read 1 as follows: 2 321.233 Road workers exempted. 3 1. This chapter , except sections 321.277 and 321.280 , does 4 not apply to persons and motor vehicles and other equipment 5 while actually engaged in work upon the surface of a highway 6 officially closed to traffic but does apply to such persons 7 and vehicles when traveling to or from such work. The minimum 8 speed restriction of section 321.285, subsection 5 , and the 9 provisions of sections 321.297 , 321.298 , and 321.323 do not 10 apply to road workers operating maintenance equipment on 11 behalf of any state or local authority while engaged in road 12 maintenance, road blading, snow and ice control and removal, 13 and granular resurfacing work on a highway, whether or not 14 regardless of whether the highway is closed to traffic. 15 2. Notwithstanding subsection 1, this chapter does apply to 16 persons and road workers described in subsection 1 who cause 17 injury or damage as a result of the person’s negligence, who 18 violate section 321.277, or who commit an assault or homicide 19 while operating a motor vehicle as described in section 20 321.280. 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 Under current law, Code chapter 321 (motor vehicles and law 25 of the road) generally does not apply to road workers, motor 26 vehicles, and other equipment while actually engaged in work 27 upon the surface of a highway officially closed to traffic 28 but does apply to such persons and vehicles when traveling to 29 or from such work. However, Code section 321.277 (reckless 30 driving) and Code section 321.280 (conviction under Code 31 chapter 321 not a bar to prosecution for assault or homicide) 32 are specifically still applicable to road workers. 33 Current law also provides that if a road worker is operating 34 maintenance equipment on behalf of any state or local authority 35 -1- LSB 1900XS (3) 90 th/ns 1/ 2
S.F. 185 while engaged in road maintenance, road blading, snow or ice 1 control or removal, or granular resurfacing work on a highway, 2 then the minimum speed restriction (Code section 321.285(5)), 3 the requirement to drive on the right-hand side of the roadway 4 (Code section 321.297), the requirement to yield one-half of 5 the roadway when meeting another vehicle or person on horseback 6 (Code section 321.298), and the prohibition against causing a 7 vehicle to be moved in a backward direction on a highway (Code 8 section 321.323) do not apply to such road workers regardless 9 of whether the highway is closed to traffic. 10 This bill makes Code chapter 321 applicable to such road 11 workers who cause injury or damage as a result of the person’s 12 negligence, and makes organizational changes to Code section 13 321.233. 14 -2- LSB 1900XS (3) 90 th/ns 2/ 2