HF 98 (LSB 1999YH (2) 91)

HOUSE FILE 98

BY  MEGGERS

A BILL FOR

An Act relating to operators of motor vehicles approaching certain slow-moving authorized emergency vehicles, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.323A, subsection 1, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   The operator of a motor vehicle approaching a stationary or slow-moving authorized emergency vehicle that is displaying flashing lights, as permitted under section 321.423, shall approach the authorized emergency vehicle with due caution and shall proceed in one of the following manners, absent any other direction by a peace officer:
    Sec. 2.  Section 321.323A, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  For purposes of this section, “slow-moving” means that a vehicle is being operated at a speed of fifteen miles per hour or less on, along, or adjacent to the roadway by a person in connection with the person’s official job duties.
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, Code section 321.323A requires the operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing lights to approach the vehicle with due caution and make a lane change into a lane not adjacent to the vehicle if possible in the existing safety and traffic conditions, or if a lane change would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed must be less than the posted speed limit, and be prepared to stop. This bill applies these requirements when approaching slow-moving (15 miles per hour or less) authorized emergency vehicles. The bill does not amend similar cautionary approach requirements relating to stationary towing or recovery vehicles, utility maintenance vehicles, municipal maintenance vehicles, highway maintenance vehicles, construction vehicles, and solid waste or recycling collection service vehicles.
   A violation of Code section 321.323A is a simple misdemeanor punishable by a scheduled fine of $135. By operation of law, a person convicted of a violation of Code section 321.323A which resulted in an accident causing bodily injury to or the death of another person may be subject to additional penalties including a fine of $500 for a violation causing bodily injury to another person and a fine of $1,000 for a violation causing death. The department of transportation is required to suspend the driver’s license of a person who is convicted of violating Code section 321.323A for 90 days if the violation caused damage to the property of another person; 180 days if the violation caused bodily injury to another person; and one year if the violation caused death.