House File 74 - IntroducedA Bill ForAn Act 1relating to the operation of motor vehicles in the
2left-most lane of certain roadways, and making penalties
3applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 321.233, Code 2019, is amended to read
2as follows:
   3321.233  Road workers exempted.
   4This chapter, except sections 321.277 and 321.280, does
5not apply to persons and motor vehicles and other equipment
6while actually engaged in work upon the surface of a highway
7officially closed to traffic but does apply to such persons
8and vehicles when traveling to or from such work. The minimum
9speed restriction of section 321.285, subsection 5, and the
10provisions of sections 321.297, and 321.298, section 321.299,
11subsection 3,
and  section321.323 do not apply to road workers
12operating maintenance equipment on behalf of any state or local
13authority while engaged in road maintenance, road blading, snow
14and ice control and removal, and granular resurfacing work on a
15highway, whether or not the highway is closed to traffic.
16   Sec. 2.  Section 321.299, Code 2019, is amended by adding the
17following new subsection:
18   NEW SUBSECTION.  3.  a.  Notwithstanding the exception
19in subsection 2, a person operating a motor vehicle in the
20left-most lane of a roadway who knows or reasonably should
21know that another vehicle is overtaking the person’s vehicle
22from the rear shall not continue to operate the vehicle in the
23left-most lane and shall make a lane change into the lane to
24the immediate right of the left-most lane. This subsection
25applies to persons operating motor vehicles on roadways
26having two or more lanes designated for traffic traveling in
27one direction and two or more lanes designated for traffic
28traveling in the opposite direction. For purposes of this
29subsection, “left-most lane” means the lane of a roadway
30designated for traffic traveling in any one direction that is
31farthest to the left, and does not include any lane designated
32for traffic traveling in the opposite direction.
   33b.  This subsection does not apply under any of the following
34circumstances:
   35(1)  When the person is overtaking or passing another vehicle
-1-1operating in the lane to the immediate right of the left-most
2lane.
   3(2)  When traffic conditions, inclement weather,
4obstructions, or hazards make it necessary to operate the
5vehicle in the left-most lane.
   6(3)  When a law, regulation, ordinance, official
7traffic-control device, or direction from a peace officer
8requires the person to operate the vehicle in the left-most
9lane.
   10(4)  When the person is exiting the roadway or turning to the
11left in compliance with this chapter.
   12(5)  When the person is operating an authorized emergency
13vehicle in the course of the person’s duties.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
   17Under current law, Code section 321.297 requires a vehicle
18proceeding at less than the normal speed of traffic at the time
19and place and under the conditions then existing to be driven
20in the right-hand lane then available for traffic upon all
21roadways, or as close as practicable to the right-hand curb or
22edge of the roadway, except when overtaking and passing another
23vehicle proceeding in the same direction or when preparing
24for a left turn. Code section 321.299 requires the driver of
25a vehicle being overtaken by another vehicle proceeding in
26the same direction to give way to the right in favor of the
27overtaking vehicle and prohibits the driver from increasing
28the speed of the overtaken vehicle until completely passed by
29the overtaking vehicle. This provision does not apply when
30overtaking and passing on the right is permitted. Code section
31321.302 authorizes overtaking and passing on the right on
32roadways of sufficient width for two or more lines of traffic
33moving in the same direction when the overtaken vehicle is
34making or about to make a left turn. Code section 321.302 also
35authorizes overtaking and passing on the right on roadways of
-2-1sufficient width for four or more lines of moving traffic.
   2This bill prohibits a person operating a motor vehicle in
3the left-most lane of a roadway who knows or reasonably should
4know that another vehicle is overtaking the person’s vehicle
5from the rear from continuing to operate the vehicle in the
6left-most lane and requires the person to make a lane change
7into the lane to the immediate right of the left-most lane.
8The exception to Code section 321.299(2), allowing the driver
9of an overtaken vehicle to fail to give way to the right in
10favor of the overtaking vehicle when overtaking and passing on
11the right is permitted, is not applicable to the provisions of
12the bill. The bill applies to persons operating motor vehicles
13on roadways having two or more lanes designated for traffic
14traveling in one direction and two or more lanes designated
15for traffic traveling in the opposite direction. For purposes
16of the bill, “left-most lane” means the lane of a roadway
17designated for traffic traveling in any one direction that is
18farthest to the left, and does not include any lane designated
19for traffic traveling in the opposite direction.
   20The bill exempts persons from the requirements of the bill
21under certain circumstances, including when the person is
22overtaking or passing another vehicle operating in the lane
23to the immediate right of the left-most lane; when traffic
24conditions, inclement weather, obstructions, or hazards make
25it necessary to operate the vehicle in the left-most lane;
26when a law, regulation, ordinance, official traffic-control
27device, or direction from a peace officer requires the person
28to operate the vehicle in the left-most lane; when the person
29is exiting the roadway or turning to the left; when the person
30is operating an authorized emergency vehicle in the course
31of the person’s duties; and when road workers are operating
32maintenance equipment on behalf of any state or local authority
33while engaged in road maintenance, road blading, snow and
34ice control and removal, and granular resurfacing work on a
35highway.
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   1By operation of law, a violation of the bill is punishable
2by a scheduled fine of $100. The violation is also subject
3to additional penalties under Code section 321.482A if the
4violation causes serious injury or death. For a violation
5causing serious injury, the additional penalties include a fine
6of $500 or suspension of the violator’s driver’s license and
7operating privileges for not more than 90 days, or both. For
8a violation causing death, the additional penalties include a
9fine of $1,000 or suspension of the violator’s driver’s license
10or operating privileges for not more than 180 days, or both.
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