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Senate File 373 - IntroducedA Bill ForAn Act 1relating to bicycles being overtaken and passed by
2certain farm vehicles, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.234, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 4A. A person riding a bicycle on the
4highway, when being overtaken and passed by a farm tractor or
5self-propelled implement of husbandry, shall give way to the
6right in favor of the overtaking farm tractor or self-propelled
7implement of husbandry and shall not increase the speed of the
8bicycle until completely passed by the overtaking farm tractor
9or self-propelled implement of husbandry.
10 Sec. 2. Section 805.8A, subsection 9, paragraph a, Code
112019, is amended to read as follows:
12a. Section 321.234, subsections 3, and 4,
13and 4A$ 25.
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 321.234 provides that a
18person riding a bicycle on the highway is subject to the
19provisions of Code chapter 321 and has all the rights and
20duties applicable to the driver of a vehicle. Code section
21321.299 requires the driver of an overtaken vehicle to give way
22to the right in favor of the overtaking vehicle and prohibits
23the driver from increasing the speed of the overtaken vehicle
24until completely passed by the overtaking vehicle, except when
25overtaking and passing on the right is permitted.
26This bill specifies that a person riding a bicycle on the
27highway, when being overtaken and passed by a farm tractor or
28self-propelled implement of husbandry, must give way to the
29right in favor of the overtaking farm tractor or self-propelled
30implement of husbandry and is prohibited from increasing the
31speed of the bicycle until completely passed by the overtaking
32farm tractor or self-propelled implement of husbandry. A
33violation of the bill is punishable by a scheduled fine of $25.
34By operation of law, the bill does not apply to the use of a
35bicycle in a parade authorized by a proper permit from local
-1-1authorities.
2Under Code section 321.1, a “farm tractor” is a motor
3vehicle designed and used primarily as a farm implement
4for drawing plows, mowing machines, and other implements of
5husbandry. An “implement of husbandry” is a vehicle or special
6mobile equipment manufactured, designed, or reconstructed
7for agricultural purposes and, except for incidental uses,
8exclusively used in the conduct of agricultural operations.
9“Implement of husbandry” includes certain all-terrain vehicles,
10fence-line feeders, and vehicles used exclusively for the
11application of organic or inorganic plant food materials,
12organic agricultural limestone, or agricultural chemicals.
13To be considered an implement of husbandry, a self-propelled
14implement of husbandry must be operated at a speed of 35 miles
15per hour or less.
-2-ns/rh
2certain farm vehicles, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.234, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 4A. A person riding a bicycle on the
4highway, when being overtaken and passed by a farm tractor or
5self-propelled implement of husbandry, shall give way to the
6right in favor of the overtaking farm tractor or self-propelled
7implement of husbandry and shall not increase the speed of the
8bicycle until completely passed by the overtaking farm tractor
9or self-propelled implement of husbandry.
10 Sec. 2. Section 805.8A, subsection 9, paragraph a, Code
112019, is amended to read as follows:
12a. Section 321.234, subsections 3, and 4,
13and 4A$ 25.
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 321.234 provides that a
18person riding a bicycle on the highway is subject to the
19provisions of Code chapter 321 and has all the rights and
20duties applicable to the driver of a vehicle. Code section
21321.299 requires the driver of an overtaken vehicle to give way
22to the right in favor of the overtaking vehicle and prohibits
23the driver from increasing the speed of the overtaken vehicle
24until completely passed by the overtaking vehicle, except when
25overtaking and passing on the right is permitted.
26This bill specifies that a person riding a bicycle on the
27highway, when being overtaken and passed by a farm tractor or
28self-propelled implement of husbandry, must give way to the
29right in favor of the overtaking farm tractor or self-propelled
30implement of husbandry and is prohibited from increasing the
31speed of the bicycle until completely passed by the overtaking
32farm tractor or self-propelled implement of husbandry. A
33violation of the bill is punishable by a scheduled fine of $25.
34By operation of law, the bill does not apply to the use of a
35bicycle in a parade authorized by a proper permit from local
-1-1authorities.
2Under Code section 321.1, a “farm tractor” is a motor
3vehicle designed and used primarily as a farm implement
4for drawing plows, mowing machines, and other implements of
5husbandry. An “implement of husbandry” is a vehicle or special
6mobile equipment manufactured, designed, or reconstructed
7for agricultural purposes and, except for incidental uses,
8exclusively used in the conduct of agricultural operations.
9“Implement of husbandry” includes certain all-terrain vehicles,
10fence-line feeders, and vehicles used exclusively for the
11application of organic or inorganic plant food materials,
12organic agricultural limestone, or agricultural chemicals.
13To be considered an implement of husbandry, a self-propelled
14implement of husbandry must be operated at a speed of 35 miles
15per hour or less.
-2-ns/rh