SSB 3090 (LSB 5562XC (3) 90)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON KLIMESH)

A BILL FOR

An Act relating to nonpedestrian travel on roadways based on lane designations, including the manner of overtaking other vehicles, providing penalties, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.208, subsection 7, paragraph h, Code 2024, is amended to read as follows:
   h.  Improper lane changes in violation of section 321.306 321.300 or 321.301.
    Sec. 2.  Section 321.233, Code 2024, is amended to read as follows:
   321.233  Road workers exempted.
   This chapter, except sections 321.277 and 321.280, does not apply to persons and motor vehicles and other equipment while actually engaged in work upon the surface of a highway officially closed to traffic but does apply to such persons and vehicles when traveling to or from such work. The minimum speed restriction of section 321.285, subsection 5, and the provisions of sections 321.297, 321.298 321.300, 321.301, and 321.323 do not apply to road workers operating maintenance equipment on behalf of any state or local authority while engaged in road maintenance, road blading, snow and ice control and removal, and granular resurfacing work on a highway, whether or not the highway is closed to traffic.
    Sec. 3.  NEW SECTION.  321.300  Driving on roadways not laned for traffic or laned for traffic in opposing directions.
   1.  While driving a vehicle on a roadway not laned for traffic or laned for traffic moving in opposing directions with no median or barrier dividing the lanes of traffic, the driver shall drive the vehicle to the right of the center of the roadway upon a roadway of sufficient width, entirely within a single lane or as close as practicable to the right-hand edge of the roadway, except as follows:
   a.  While overtaking another vehicle proceeding in the same direction, in accordance with section 321.302.
   b.  While it is necessary to drive to the left of the center of the roadway to avoid an obstruction, so long as the driver yields the right-of-way to all vehicles traveling in the proper direction in the unobstructed portion of the roadway.
   c.  While authorized by official traffic-control devices designating a particular lane of the roadway for use by traffic not otherwise permitted to use the lane, including a center turn lane designated for making left-hand turns in the center of the roadway.
   d.  While preparing for or making a left turn at an intersection, alley, private road, or driveway, so long as the driver yields the right-of-way to all vehicles traveling in the proper direction of the roadway.
   2.  If a segment of the roadway laned for traffic in opposing directions provides an additional lane to the right designated by an official traffic-control device for slow-moving vehicles, a driver immediately in front of another vehicle shall use such a lane, and a driver traveling in such a lane shall yield the right-of-way to vehicles moving in the same direction in the lane not so designated when such lanes merge to form a single lane.
   3.  The driver of a vehicle, or a person on horseback, if applicable, meeting another such person on any roadway shall yield one-half of the roadway by turning to the right.
   4.  A violation of this section is a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 6, paragraph “e”.
    Sec. 4.  NEW SECTION.  321.301  Driving on roadways laned for traffic moving in same direction.
   1.  While driving a vehicle on a roadway laned for traffic moving in the same direction, including a roadway with a center median or barrier separating lanes of traffic traveling in opposing directions, the driver shall do all of the following:
   a.  Keep the vehicle, as nearly as practicable, entirely within a single lane, regardless of the number of lanes on the roadway. The driver shall not move from such lane until the driver has first ascertained that such movement can be made without causing other roadway users to change speed or direction.
   b.  If the roadway is laned for two lanes of traffic, drive in the right-hand lane unless overtaking a vehicle in accordance with section 321.302, preparing to exit or while merging onto the roadway, avoiding an obstruction in the right-hand lane, or complying with an official traffic-control device.
   c.  If the roadway is laned for three or more lanes of traffic, drive in a lane that is bordered by another lane on both sides unless overtaking a vehicle in accordance with section 321.302, preparing to exit or while merging onto the roadway, avoiding an obstruction in the lane, or complying with an official traffic-control device.
   2.  A violation of this section is a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 6, paragraph “f”.
   3.  Notwithstanding subsection 2, a peace officer shall issue a warning memorandum in lieu of a citation to a person for violating subsection 1, paragraph “b” or “c”. This subsection is repealed July 1, 2025.
    Sec. 5.  Section 321.302, Code 2024, is amended by striking the section and inserting in lieu thereof the following:
   321.302  Drivers overtaking and drivers being overtaken.
   1.  a.  The driver of a vehicle shall not overtake another vehicle traveling in the same direction unless the roadway provides unobstructed pavement of sufficient width for two or more lanes of traffic moving in the same direction as the vehicle being overtaken and the lane used for overtaking is clearly visible and free of oncoming traffic for a sufficient distance ahead so the overtaking can be completed without interfering with the safe operation of the overtaken vehicle or a vehicle approaching from an opposing direction. The driver of the overtaking vehicle shall not return to the lane occupied prior to overtaking the other vehicle until the driver is safely clear of the overtaken vehicle.
   (1)  If the roadway has a legal speed limit in excess of thirty miles per hour, the overtaking vehicle shall return to the right-hand side of the roadway before coming within three hundred feet of a vehicle approaching from an opposing direction.
   (2)  If the roadway has a legal speed limit of thirty miles per hour or less, the overtaking vehicle shall return to the right-hand side of the roadway before coming within one hundred feet of a vehicle approaching from an opposing direction.
   b.  The driver of a vehicle overtaking another vehicle shall pass to the left of the vehicle being overtaken, unless otherwise provided in paragraph “c”, at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
   c.  The overtaking driver shall not drive upon the right of another vehicle unless the other vehicle is making, or about to make, a left turn and the overtaking can be done safely.
   2.  The driver of a vehicle shall not drive off the pavement or upon the shoulder of the roadway or upon the apron or roadway of an intersecting roadway to overtake a vehicle on either the left or right.
   3.  The driver of a vehicle shall not drive to the left side of the center of a roadway not laned for traffic, or laned for traffic in opposing directions, under any of the following conditions:
   a.  While approaching the crest of a grade or a curve in the roadway that obstructs or reduces the driver’s view along the roadway to less than approximately seven hundred feet.
   b.  While approaching within one hundred feet of any narrow bridge, viaduct, or tunnel, if such notice is signposted, or while approaching within one hundred feet of or traversing any intersection or railroad grade crossing.
   c.  On a roadway marked by an official traffic-control device, including a solid yellow painted line, directing traffic to keep to the right or prohibiting traffic from passing.
   4.  Except when overtaking and passing on the right is permitted, the driver of a vehicle being overtaken shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of the overtaken vehicle until completely passed by the overtaking vehicle.
   5.  A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 6, paragraph “g”.
    Sec. 6.  Section 321.482A, unnumbered paragraph 1, Code 2024, is amended to read as follows:
   Notwithstanding section 321.482, a person who is convicted of operating a motor vehicle in violation of section 321.178, subsection 2, paragraph “a”, subparagraph (2), section 321.180B, subsection 6, section 321.194, subsection 2, paragraph “b”, subparagraph (2), section 321.256, 321.257, section 321.275, subsection 4, section 321.276, 321.297, 321.298, 321.299 321.300, 321.301, 321.302, 321.303, 321.304, 321.305, 321.306, 321.307,  321.311, 321.319, 321.320, 321.321, 321.322, 321.323, 321.324, 321.324A, 321.327, 321.329, 321.333,  section 321.372, subsection 3, or section 321.449B, causing serious injury to or the death of another person may be subject to the following penalties in addition to the penalty provided for a scheduled violation in section 805.8A or any other penalty provided by law:
    Sec. 7.  Section 805.8A, subsection 6, paragraphs e and f, Code 2024, are amended to read as follows:
   e.  Section 321.297 321.300 $135.
   f.  Section 321.299 321.301 $135.
    Sec. 8.  Section 805.8A, subsection 6, paragraphs h, i, and k, Code 2024, are amended by striking the paragraphs.
    Sec. 9.  Section 805.8A, subsection 8, paragraph e, Code 2024, is amended by striking the paragraph.
    Sec. 10.  REPEAL.  Sections 321.297, 321.298, 321.299, 321.303, 321.304, and 321.306, Code 2024, are repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill repeals and replaces provisions regulating driving on the right side of roadways and overtaking and passing on roadways.
   The current driving requirements and prohibitions found in Code sections 321.297, 321.298, 321.299, 321.302, 321.303, 321.304, and 321.306 remain in effect with certain changes. The bill distinguishes roadways in two ways: (1) roadways not laned for traffic or laned for traffic in opposing directions and (2) roadways laned for traffic moving in the same direction.
   The bill requires a person to drive in the right-hand lane on a roadway with multiple lanes for traffic moving in the same direction or to the right of the center line of any other roadway, as applicable. Limited exceptions include while overtaking another vehicle and avoiding obstructions when such actions can be completed safely, while authorized by official traffic-control devices, and while preparing to make a left turn, so long as the driver yields to all vehicles traveling in the proper direction. However, if the roadway has three or more lanes for traffic moving in the same direction, a driver is required to drive in the center lanes, such that the far left lane can be used for overtaking and the far right lane can be used to enter or exit the roadway, as applicable.
   The bill also provides for these traffic regulations and prohibitions, as applicable, on one-way roads, roads with temporary passing lanes, and roads with center turn lanes.
   Overtaking another vehicle is only authorized when such action can be completed safely and without causing another vehicle to adjust speed or direction. The authorized manner for and prohibitions against overtaking another vehicle remain similar to current law. 
   A person who violates the bill is guilty of a simple misdemeanor punishable by a scheduled fine of $135, which matches the current penalty for such violations. However, a peace officer is required to issue a warning memorandum in lieu of a citation until July 1, 2025, to a person who drives in the left lane of a roadway with two lanes for traffic moving in the same direction when an exception does not apply, and to a person who drives in either the left or right lane on a roadway with three or more lanes for traffic moving in the same direction when an exception does not apply.
   Similar to current law, if a violation of the bill 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).