Senate File 2 - IntroducedA Bill ForAn Act 1relating to the safe operation of bicycles, providing
2penalties, and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 321.299, Code 2019, is amended to read
2as follows:
   3321.299  Overtaking a vehicle or bicycle.
   4The following rules shall govern the overtaking and passing
5of vehicles and bicycles proceeding in the same direction,
6subject to those limitations, exceptions, and special rules
7hereinafter stated:
   81.  The driver of a vehicle overtaking another vehicle
9proceeding in the same direction shall pass to the left of the
10other vehicle at a safe distance and shall not again drive
11to the right side of the roadway until safely clear of the
12overtaken vehicle.
   132.  Except when overtaking and passing on the right is
14permitted, the driver of an overtaken vehicle shall give way
15to the right in favor of the overtaking vehicle and shall not
16increase the speed of the overtaken vehicle until completely
17passed by the overtaking vehicle.
   183.  The driver of a vehicle overtaking a person riding a
19bicycle proceeding in the same direction on a roadway shall
20pass to the left of the bicycle in an adjacent travel lane or
21on the opposite side of the roadway and shall not again drive
22to the right side of the roadway until safely clear of the
23overtaken bicycle in accordance with section 321.281. This
24subsection does not apply to a vehicle overtaking a bicycle
25which is traveling on a paved shoulder or in a lane designated
26for the travel of bicycles.
27   Sec. 2.  Section 321.304, Code 2019, is amended to read as
28follows:
   29321.304  Prohibited passing.
   30No A vehicle shall not, in overtaking and passing another
31vehicle, a bicycle, or at any other time, be driven to the left
32side of the roadway under the following conditions:
   331.  When approaching the crest of a grade or upon a curve
34in the highway where the driver’s view along the highway is
35obstructed for a distance of approximately seven hundred feet.
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   12.  When approaching within one hundred feet of any narrow
2bridge, viaduct, or tunnel, when so signposted, or when
3approaching within one hundred feet of or traversing any
4intersection or railroad grade crossing.
   53.  Where official signs are in place directing that traffic
6keep to the right or a distinctive center line or off-center
7line is marked, which distinctive line also so directs traffic
8as declared in the sign manual adopted by the department of
9transportation. This subsection does not apply to a vehicle
10overtaking and passing a bicycle, provided the vehicle complies
11with the limitations set forth in section 321.303.

12   Sec. 3.  Section 321.385A, Code 2019, is amended to read as
13follows:
   14321.385A  Citation for unlighted headlamp, rear lamp, or rear
15registration plate light, or bicycle lamp.
   161.  a.  A citation issued for failure to have headlamps
17as required under section 321.385 shall first provide for a
18seventy-two hour seventy-two-hour period within which the
19person charged with the violation shall replace or repair the
20headlamp.
   21b.  A citation issued for failure to have rear lamps as
22required under section 321.387 or a rear registration plate
23light as required under section 321.388 shall first provide for
24a seventy-two hour seventy-two-hour period within which the
25person charged with the violation shall replace or repair the
26lamps or light.
   27c.  A citation issued for failure to have a front or rear
28lamp on a bicycle or on a bicycle rider as required under
29section 321.397 shall first provide for a seventy-two-hour
30period within which the person charged with the violation shall
31replace or repair the lamp.
   322.  If the person complies with the directive to replace
33or repair the headlamp, rear lamps, or rear registration
34plate light, or bicycle lamp within the allotted time period,
35the citation shall be expunged. If the person fails to
-2-1comply within the allotted time period, the citation shall be
2processed in the same manner as other citations.
   33.  A citation issued under this section shall include
4a written notice of replacement or repair which shall
5indicate the date of replacement or repair and the manner in
6which the replacement or repair occurred and which shall be
7returned to the issuing authority within the seventy-two hour
8
 seventy-two-hour time period.
9   Sec. 4.  Section 321.397, Code 2019, is amended to read as
10follows:
   11321.397  Lamps on bicycles.
   12Every At any time from sunset to sunrise, a bicycle shall
13be equipped with a lamp on the front exhibiting a steady
14or flashing
white light, at the times specified in section
15321.384,
visible from a distance of at least three hundred
16feet to the front, and every bicycle or bicycle rider shall
17be equipped
with a lamp on the rear exhibiting a steady or
18flashing
red light visible from a distance of three hundred
19feet to the rear; except that a red reflector may be used in
20lieu of a rear light
. A peace officer riding a police bicycle
21is not required to use either front or rear lamps if duty so
22requires.
23   Sec. 5.  Section 321.423, subsection 2, Code 2019, is amended
24by adding the following new paragraph:
25   NEW PARAGRAPH.  k.  A flashing white or red light equipped on
26a bicycle operating on a highway pursuant to section 321.397
27is permitted.
28   Sec. 6.  Section 321.423, subsection 7, paragraph a,
29unnumbered paragraph 1, Code 2019, is amended to read as
30follows:
   31Except as provided in section 321.373, subsection 7, and
32subsection 2, paragraphs “c”, and “i”, and “k” of this section,
33a flashing white light shall only be used on a vehicle in the
34following circumstances:
35   Sec. 7.  NEW SECTION.  321.434A  Bicycle riders —
-3-1high-visibility or reflective clothing required.
   2A person riding a bicycle on a highway with a speed limit of
3forty-five miles per hour or more, other than for the purpose
4of crossing the highway at a crosswalk, shall wear clothing
5and equipment which together contain at least one hundred
6forty-four square inches of high-visibility or reflective
7material visible to the rear of the bicycle. This section
8does not apply to a person riding a bicycle as part of an
9organized bicycle riding event involving five hundred or more
10bicycle riders at which one or more certified peace officers
11are providing traffic control and direction.
12   Sec. 8.  Section 805.8A, subsection 9, Code 2019, is amended
13by adding the following new paragraph:
14   NEW PARAGRAPH.  l.  Section 321.434A$ 25.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
   18This bill amends Code section 321.299 to require the driver
19of a vehicle overtaking a person riding a bicycle proceeding
20in the same direction on a roadway to pass to the left of the
21bicycle in an adjacent travel lane or on the opposite side of
22the roadway, and prohibits the driver from returning to the
23right side of the roadway until safely clear of the overtaken
24bicycle in accordance with Code section 321.281. Code section
25321.281 prohibits a person operating a vehicle from steering
26the vehicle unreasonably close to or toward a person riding
27a bicycle on a highway. This provision of the bill does not
28apply if the bicycle is traveling on a paved shoulder or in a
29lane designated for the travel of bicycles.
   30A violation of Code section 321.281 is punishable by a
31scheduled fine of $250 and a violation of Code section 321.299
32is punishable by a scheduled fine of $100. However, if a
33violation of Code section 321.299 causes a serious injury, a
34court could impose an additional fine of $500 and suspend the
35person’s driver’s license for not more than 90 days. If the
-4-1violation causes a death, a court could impose an additional
2fine of $1,000 and suspend the person’s driver’s license for
3not more than 180 days.
   4Under Code section 321.234, a person riding a bicycle on the
5highway is subject to the provisions of Code chapter 321 (motor
6vehicles and law of the road) and has all the rights and duties
7applicable to the driver of a vehicle. The bill specifies
8that under Code section 321.304 a vehicle is prohibited from
9overtaking and passing a bicycle when approaching the crest of
10a grade or upon a curve in the highway where the driver’s view
11along the highway is obstructed for a distance of approximately
12700 feet; when approaching within 100 feet of any narrow
13bridge, viaduct, or tunnel; or when approaching within 100 feet
14of or traversing any intersection or railroad grade crossing.
15However, the bill provides that a vehicle may pass a bicycle
16where official signs are in place directing that traffic keep
17to the right or a distinctive center line or off-center line
18is marked, provided the vehicle complies with the current
19requirements for overtaking on the left.
   20A violation of Code section 321.304 is punishable by a
21scheduled fine of $100. However, if the violation causes a
22serious injury, a court could impose an additional fine of $500
23and suspend the person’s driver’s license for not more than 90
24days. If the violation causes a death, a court could impose
25an additional fine of $1,000 and suspend the person’s driver’s
26license for not more than 180 days.
   27Current law requires a bicycle to have a front lighted
28lamp and either a rear lighted lamp or a rear reflector at
29any time from sunset to sunrise, and at such other times
30when conditions such as fog, snow, sleet, or rain provide
31insufficient lighting to render clearly discernible persons and
32vehicles on the highway at a distance of 500 feet ahead. The
33bill instead requires that, from sunset to sunrise, a bicycle
34must be equipped with a lamp on the front exhibiting a steady
35or flashing white light visible from a distance of at least 300
-5-1feet to the front, and every bicycle or bicycle rider must be
2equipped with a lamp exhibiting a steady or flashing red light
3visible from a distance of 300 feet to the rear.
   4The scheduled fine for a violation of this provision is $25.
5However, the bill provides that a citation issued for failure
6to have a front or rear lamp on a bicycle or on a bicycle rider
7must first provide for a 72-hour period within which the person
8charged with the violation can replace or repair the lamp. If
9the person complies with the directive to replace or repair the
10bicycle lamp, the citation must be expunged.
   11The bill requires a person riding a bicycle on a highway
12with a speed limit of 45 miles per hour or more, other than
13for the purpose of crossing the highway at a crosswalk, to
14wear clothing and equipment which together contain at least
15144 square inches of high-visibility or reflective material
16visible to the rear of the bicycle. The scheduled fine for a
17violation of this provision is $25. The bill provides that
18the provision does not apply to a person riding a bicycle as
19part of an organized bicycle riding event involving 500 or more
20bicycle riders at which one or more certified peace officers
21are providing traffic control and direction.
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