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House File 28 - IntroducedA Bill ForAn Act 1relating to the intentional avoidance of traffic-control
2devices, providing penalties, and making penalties
3applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.256, Code 2021, is amended to read
2as follows:
3321.256 Obedience to official traffic-control devices —
4 intentional avoidance prohibited.
51. No A driver of a vehicle shall not disobey the
6instructions of any official traffic-control device placed
7in accordance with the provisions of this chapter, unless at
8the time otherwise directed by a peace officer subject to
9the exceptions granted the driver of an authorized emergency
10vehicle.
112. A driver of a vehicle shall not, with the intent to avoid
12obedience to a traffic-control device placed in accordance
13with this chapter, operate the vehicle upon or through private
14property, or upon or through public property that is not a
15street or highway.
16 Sec. 2. Section 805.8A, subsection 8, paragraph b, Code
172021, is amended to read as follows:
18b. Section 321.256, subsection 1 $135.
19 Sec. 3. Section 805.8A, subsection 8, Code 2021, is amended
20by adding the following new paragraph:
21 NEW PARAGRAPH. 0c. Section 321.256, subsection 2..$35.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25Current law requires the driver of a vehicle to obey
26traffic-control devices. This bill prohibits a driver
27of a vehicle from intentionally avoiding obedience to a
28traffic-control device by operating the vehicle on private
29property, or public property that is not a street or highway.
30A violation of the bill is a simple misdemeanor punishable
31by a scheduled fine of $35. By operation of law, under Code
32section 321.482A, if the violation causes a serious injury,
33a court could impose an additional fine of $500 or suspend
34the person’s driver’s license for not more than 90 days, or
35both. If the violation causes a death, a court could impose
-1-1an additional fine of $1,000 or suspend the person’s driver’s
2license for not more than 180 days, or both. Also by operation
3of law, under Code section 321E.17, a driver who has a permit
4to operate a vehicle of excessive size or weight and who
5violates Code section 321.256 commits a serious violation
6that could result in denial, suspension, or revocation of the
7permit.
-2-th/ns
2devices, providing penalties, and making penalties
3applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.256, Code 2021, is amended to read
2as follows:
3321.256 Obedience to official traffic-control devices —
4 intentional avoidance prohibited.
51. No A driver of a vehicle shall not disobey the
6instructions of any official traffic-control device placed
7in accordance with the provisions of this chapter, unless at
8the time otherwise directed by a peace officer subject to
9the exceptions granted the driver of an authorized emergency
10vehicle.
112. A driver of a vehicle shall not, with the intent to avoid
12obedience to a traffic-control device placed in accordance
13with this chapter, operate the vehicle upon or through private
14property, or upon or through public property that is not a
15street or highway.
16 Sec. 2. Section 805.8A, subsection 8, paragraph b, Code
172021, is amended to read as follows:
18b. Section 321.256, subsection 1 $135.
19 Sec. 3. Section 805.8A, subsection 8, Code 2021, is amended
20by adding the following new paragraph:
21 NEW PARAGRAPH. 0c. Section 321.256, subsection 2..$35.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25Current law requires the driver of a vehicle to obey
26traffic-control devices. This bill prohibits a driver
27of a vehicle from intentionally avoiding obedience to a
28traffic-control device by operating the vehicle on private
29property, or public property that is not a street or highway.
30A violation of the bill is a simple misdemeanor punishable
31by a scheduled fine of $35. By operation of law, under Code
32section 321.482A, if the violation causes a serious injury,
33a court could impose an additional fine of $500 or suspend
34the person’s driver’s license for not more than 90 days, or
35both. If the violation causes a death, a court could impose
-1-1an additional fine of $1,000 or suspend the person’s driver’s
2license for not more than 180 days, or both. Also by operation
3of law, under Code section 321E.17, a driver who has a permit
4to operate a vehicle of excessive size or weight and who
5violates Code section 321.256 commits a serious violation
6that could result in denial, suspension, or revocation of the
7permit.
-2-th/ns