HSB 686 (LSB 6860YC (4) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON JONES)

A BILL FOR

An Act relating to the operating privileges of drivers of authorized emergency vehicles and police officers riding police bicycles.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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