House
Study
Bill
686
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
JONES)
A
BILL
FOR
An
Act
relating
to
the
operating
privileges
of
drivers
of
1
authorized
emergency
vehicles
and
police
officers
riding
2
police
bicycles.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.231,
subsection
2,
unnumbered
1
paragraph
1,
Code
2026,
is
amended
to
read
as
follows:
2
The
driver
of
any
an
authorized
emergency
vehicle
or
peace
3
officer
riding
a
police
bicycle
in
the
line
of
duty
,
may:
4
Sec.
2.
Section
321.231,
subsection
2,
Code
2026,
is
amended
5
by
adding
the
following
new
paragraphs:
6
NEW
PARAGRAPH
.
f.
Proceed
past
a
red
or
stop
signal
or
stop
7
sign,
but
only
after
slowing
down
to
or
maintaining
a
speed
8
deemed
necessary
for
safe
operation
by
the
driver
based
on
9
information
known
to
the
driver
at
the
time.
10
NEW
PARAGRAPH
.
g.
Exceed
the
maximum
speed
limits
so
long
11
as
the
driver
does
not
recklessly
endanger
life
or
property.
12
Sec.
3.
Section
321.231,
subsection
3,
Code
2026,
is
amended
13
by
striking
the
subsection.
14
Sec.
4.
Section
321.231,
subsection
5,
Code
2026,
is
amended
15
to
read
as
follows:
16
5.
a.
The
exemptions
granted
to
the
driver
of
an
authorized
17
emergency
vehicle
under
subsection
2
and
to
the
driver
of
18
an
official
fire
department
vehicle,
police
vehicle,
rescue
19
vehicle,
ambulance,
emergency
medical
services
vehicle,
or
20
emergency
management
vehicle
as
provided
in
subsection
3
shall
21
apply
only
when
such
vehicle
is
making
use
of
an
audible
22
warning
device
meeting
the
requirements
of
section
321.433
or
a
23
visual
signaling
device
authorized
under
this
chapter
.
24
b.
The
exemption
granted
under
subsection
3
2
,
paragraph
25
“b”
“g”
,
shall
be
granted
to
a
peace
officer
or
reserve
peace
26
officer
operating
an
authorized
emergency
vehicle
without
using
27
an
audible
warning
device
or
visual
signaling
device
if
such
28
action
occurs
over
the
shortest
distance
necessary,
does
not
29
recklessly
endanger
persons
or
property,
and
if
the
officer
30
is
pursuing
a
suspected
violator
of
the
speed
restrictions
31
imposed
by
or
pursuant
to
this
chapter
for
the
purpose
of
32
determining
the
speed
of
travel
of
such
suspected
violator,
33
or
if
the
officer
reasonably
believes
based
on
the
facts
and
34
circumstances
at
the
time
that
a
suspected
violator’s
knowledge
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of
the
officer’s
proximity
may
cause
the
suspected
violator
1
to
destroy
evidence
of
a
suspected
felony
or
aggravated
2
misdemeanor,
evade
apprehension,
or
endanger
the
public
or
the
3
officer.
4
c.
The
exemption
granted
under
subsection
3
2
,
paragraph
5
“b”
“g”
,
shall
be
granted
to
the
driver
of
an
authorized
6
emergency
vehicle
transporting
a
patient
to
a
hospital
without
7
using
a
visual
signaling
device
or
audible
warning
device
if
a
8
certified
emergency
medical
care
provider
reasonably
believes
9
the
patient’s
condition
warrants
rapid
transport.
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
Under
current
law,
for
purposes
of
Code
chapter
321
(motor
14
vehicles
and
law
of
the
road),
“authorized
emergency
vehicle”
15
includes
vehicles
of
a
fire
department,
police
vehicles,
16
ambulances,
and
emergency
vehicles
owned
by
a
governmental
17
entity,
and
privately
owned
vehicles
as
are
designated
or
18
authorized
by
the
director
of
transportation
under
Code
section
19
321.451.
Privately
owned
vehicles
which
may
be
designated
as
20
authorized
emergency
vehicles
include
an
ambulance
or
fire
or
21
rescue
vehicle;
a
state
or
county
medical
examiner
vehicle;
a
22
personal
vehicle
of
a
sheriff,
deputy
sheriff,
chief
of
police,
23
police
officer,
chief
of
a
paid
fire
department,
or
certified
24
chief
or
certified
fire
officer
of
a
volunteer
fire
department,
25
a
combination
volunteer-paid
fire
department,
or
a
nonprofit
26
corporation
that
delivers
emergency
services
on
behalf
of
a
27
municipality;
a
towing
or
recovery
vehicle;
or
a
personal
28
vehicle
of
a
chief,
medical
director,
or
certified
medical
29
provider
of
an
authorized
emergency
medical
service.
30
Current
law
authorizes
the
driver
of
an
authorized
emergency
31
vehicle,
when
responding
to
an
emergency
call,
when
in
the
32
pursuit
of
an
actual
or
suspected
perpetrator
of
a
felony
33
or
misdemeanor,
in
response
to
an
incident
dangerous
to
the
34
public,
or
when
responding
to
but
not
upon
returning
from
a
35
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fire
alarm,
to
disregard
specified
traffic
laws.
Under
such
1
circumstances,
the
driver
of
any
authorized
emergency
vehicle
2
may
park
or
stand
the
vehicle
irrespective
of
traffic
laws,
3
disregard
laws
or
regulations
governing
direction
of
movement
4
for
the
minimum
distance
necessary,
drive
the
vehicle
on
the
5
shoulder
or
median
of
a
highway,
disregard
laws
or
regulations
6
governing
turning
the
vehicle
in
specified
directions,
and
7
disregard
laws
or
regulations
governing
overtaking
or
passing
8
other
motorists.
Two
additional
authorizations
are
granted
9
to
official
fire
department
vehicles,
police
vehicles,
rescue
10
vehicles,
ambulances,
emergency
medical
services
vehicles,
11
and
emergency
management
vehicles,
and
peace
officers
riding
12
a
police
bicycle
in
the
line
of
duty:
(1)
proceeding
past
13
a
red
or
stop
signal
or
stop
sign
after
slowing
down
to
or
14
maintaining
a
speed
deemed
necessary
for
safe
operation
and
(2)
15
exceeding
the
maximum
speed
limits
so
long
as
the
driver
does
16
not
recklessly
endanger
life
or
property.
17
This
bill
grants
the
two
authorizations
to
proceed
past
a
18
red
or
stop
signal
or
stop
sign,
and
to
exceed
the
maximum
19
speed
limit,
to
the
driver
of
any
authorized
emergency
vehicle,
20
including
privately
owned
vehicles
such
as
towing
and
recovery
21
vehicles.
The
bill
also
specifies
that
the
authorizations
22
for
drivers
of
authorized
emergency
vehicles
apply
to
peace
23
officers
riding
a
police
bicycle
in
the
line
of
duty.
24
Under
current
law
and
the
bill,
these
authorizations
apply
25
only
to
vehicles
making
use
of
an
audible
warning
device
or
26
visual
signaling
device,
except
under
certain
circumstances.
27
A
violation
of
Code
section
321.231
is
punishable
by
a
$135
28
scheduled
fine.
29
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