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House File 2040 - IntroducedA Bill ForAn Act 1relating to the overtaking and passing of bicycles by
2motor vehicles, and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.299, Code 2020, 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 2020, 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.
-1- 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.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill amends Code section 321.299 to require the driver
16of a vehicle overtaking a person riding a bicycle proceeding
17in the same direction on a roadway to pass to the left of the
18bicycle in an adjacent travel lane or on the opposite side of
19the roadway, and prohibits the driver from returning to the
20right side of the roadway until safely clear of the overtaken
21bicycle in accordance with Code section 321.281. Code section
22321.281 prohibits a person operating a vehicle from steering
23the vehicle unreasonably close to or toward a person riding
24a bicycle on a highway. This provision of the bill does not
25apply if the bicycle is traveling on a paved shoulder or in a
26lane designated for the travel of bicycles.
27A violation of Code section 321.281 is punishable by a
28scheduled fine of $250 and a violation of Code section 321.299
29is punishable by a scheduled fine of $100. However, if a
30violation of Code section 321.299 causes a serious injury, a
31court could impose an additional fine of $500 and suspend the
32person’s driver’s license for not more than 90 days. If the
33violation causes a death, a court could impose an additional
34fine of $1,000 and suspend the person’s driver’s license for
35not more than 180 days.
-2- 1Under Code section 321.234, a person riding a bicycle on the
2highway is subject to the provisions of Code chapter 321 (motor
3vehicles and law of the road) and has all the rights and duties
4applicable to the driver of a vehicle. The bill specifies
5that under Code section 321.304 a vehicle is prohibited from
6overtaking and passing a bicycle when approaching the crest of
7a grade or upon a curve in the highway where the driver’s view
8along the highway is obstructed for a distance of approximately
9700 feet; when approaching within 100 feet of any narrow
10bridge, viaduct, or tunnel; or when approaching within 100 feet
11of or traversing any intersection or railroad grade crossing.
12However, the bill provides that a vehicle may pass a bicycle
13where official signs are in place directing that traffic keep
14to the right or a distinctive center line or off-center line
15is marked, provided the vehicle complies with the current
16requirements for overtaking on the left.
17A violation of Code section 321.304 is punishable by a
18scheduled fine of $100. However, if the violation causes a
19serious injury, a court could impose an additional fine of $500
20and suspend the person’s driver’s license for not more than 90
21days. If the violation causes a death, a court could impose
22an additional fine of $1,000 and suspend the person’s driver’s
23license for not more than 180 days.
-3-mo/ns
2motor vehicles, and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.299, Code 2020, 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 2020, 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.
-1- 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.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill amends Code section 321.299 to require the driver
16of a vehicle overtaking a person riding a bicycle proceeding
17in the same direction on a roadway to pass to the left of the
18bicycle in an adjacent travel lane or on the opposite side of
19the roadway, and prohibits the driver from returning to the
20right side of the roadway until safely clear of the overtaken
21bicycle in accordance with Code section 321.281. Code section
22321.281 prohibits a person operating a vehicle from steering
23the vehicle unreasonably close to or toward a person riding
24a bicycle on a highway. This provision of the bill does not
25apply if the bicycle is traveling on a paved shoulder or in a
26lane designated for the travel of bicycles.
27A violation of Code section 321.281 is punishable by a
28scheduled fine of $250 and a violation of Code section 321.299
29is punishable by a scheduled fine of $100. However, if a
30violation of Code section 321.299 causes a serious injury, a
31court could impose an additional fine of $500 and suspend the
32person’s driver’s license for not more than 90 days. If the
33violation causes a death, a court could impose an additional
34fine of $1,000 and suspend the person’s driver’s license for
35not more than 180 days.
-2- 1Under Code section 321.234, a person riding a bicycle on the
2highway is subject to the provisions of Code chapter 321 (motor
3vehicles and law of the road) and has all the rights and duties
4applicable to the driver of a vehicle. The bill specifies
5that under Code section 321.304 a vehicle is prohibited from
6overtaking and passing a bicycle when approaching the crest of
7a grade or upon a curve in the highway where the driver’s view
8along the highway is obstructed for a distance of approximately
9700 feet; when approaching within 100 feet of any narrow
10bridge, viaduct, or tunnel; or when approaching within 100 feet
11of or traversing any intersection or railroad grade crossing.
12However, the bill provides that a vehicle may pass a bicycle
13where official signs are in place directing that traffic keep
14to the right or a distinctive center line or off-center line
15is marked, provided the vehicle complies with the current
16requirements for overtaking on the left.
17A violation of Code section 321.304 is punishable by a
18scheduled fine of $100. However, if the violation causes a
19serious injury, a court could impose an additional fine of $500
20and suspend the person’s driver’s license for not more than 90
21days. If the violation causes a death, a court could impose
22an additional fine of $1,000 and suspend the person’s driver’s
23license for not more than 180 days.
-3-mo/ns