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House File 411 - IntroducedA Bill ForAn Act 1relating to bicycles, including motor vehicles
2overtaking and passing bicycles, lamps required for bicycles
3and bicycle riders, and clothing required for certain
4bicycle riders, providing penalties, and making penalties
5applicable.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.299, Code 2021, 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 2021, 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.
12 Sec. 3. Section 321.385A, Code 2021, 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 2021, is amended to read as
10follows:
11321.397 Lamps on bicycles and riders.
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 2021, 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 2021, 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 2021, 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.
18OVERTAKING AND PASSING. This bill amends Code section
19321.299 to require the driver of a vehicle overtaking a person
20riding a bicycle proceeding in the same direction on a roadway
21to pass to the left of the bicycle in an adjacent travel lane or
22on the opposite side of the roadway, and prohibits the driver
23from returning to the right side of the roadway until safely
24clear of the overtaken bicycle in accordance with Code section
25321.281. Code section 321.281 prohibits a person operating
26a vehicle from steering the vehicle unreasonably close to or
27toward a person riding a bicycle on a highway. This provision
28of the bill does not apply if the bicycle is traveling on
29a paved shoulder or in a lane designated for the travel of
30bicycles.
31A violation of Code section 321.281 is punishable by a
32scheduled fine of $325 and a violation of Code section 321.299
33is punishable by a scheduled fine of $135. However, if a
34violation of Code section 321.299 causes a serious injury, a
35court could impose an additional fine of $500 and suspend the
-4-1person’s driver’s license for not more than 90 days. If the
2violation causes a death, a court could impose an additional
3fine of $1,000 and suspend the person’s driver’s license for
4not more than 180 days.
5Under Code section 321.234, a person riding a bicycle on the
6highway is subject to the provisions of Code chapter 321 (motor
7vehicles and law of the road) and has all the rights and duties
8applicable to the driver of a vehicle. The bill specifies
9that under Code section 321.304 a vehicle is prohibited from
10overtaking and passing a bicycle when approaching the crest of
11a grade or upon a curve in the highway where the driver’s view
12along the highway is obstructed for a distance of approximately
13700 feet; when approaching within 100 feet of any narrow
14bridge, viaduct, or tunnel; or when approaching within 100 feet
15of or traversing any intersection or railroad grade crossing.
16However, the bill provides that a vehicle may pass a bicycle
17where official signs are in place directing that traffic keep
18to the right or a distinctive center line or off-center line
19is marked, provided the vehicle complies with the current
20requirements for overtaking on the left.
21A violation of Code section 321.304 is punishable by a
22scheduled fine of $135. However, if the violation causes a
23serious injury, a court could impose an additional fine of $500
24and suspend the person’s driver’s license for not more than 90
25days. If the violation causes a death, a court could impose
26an additional fine of $1,000 and suspend the person’s driver’s
27license for not more than 180 days.
28LAMPS.Current law requires a bicycle to have a front
29lighted lamp and either a rear lighted lamp or a rear reflector
30at any time from sunset to sunrise, and at such other times
31when conditions such as fog, snow, sleet, or rain provide
32insufficient lighting to render clearly discernible persons and
33vehicles on the highway at a distance of 500 feet ahead. The
34bill instead requires that, from sunset to sunrise, a bicycle
35must be equipped with a lamp on the front exhibiting a steady
-5-1or flashing white light visible from a distance of at least 300
2feet to the front, and every bicycle or bicycle rider must be
3equipped with a lamp exhibiting a steady or flashing red light
4visible from a distance of 300 feet to the rear.
5The scheduled fine for a violation of this provision is $35.
6However, the bill provides that a citation issued for failure
7to have a front or rear lamp on a bicycle or on a bicycle rider
8must first provide for a 72-hour period within which the person
9charged with the violation can replace or repair the lamp. If
10the person complies with the directive to replace or repair the
11bicycle lamp, the citation must be expunged.
12CLOTHING. The bill requires a person riding a bicycle on a
13highway with a speed limit of 45 miles per hour or more, other
14than for the purpose of crossing the highway at a crosswalk,
15to wear clothing and equipment which together contain at least
16144 square inches of high-visibility or reflective material
17visible to the rear of the bicycle. The scheduled fine for a
18violation of this provision is $25. The bill provides that
19the provision does not apply to a person riding a bicycle as
20part of an organized bicycle riding event involving 500 or more
21bicycle riders at which one or more certified peace officers
22are providing traffic control and direction.
-6-th/ns
2overtaking and passing bicycles, lamps required for bicycles
3and bicycle riders, and clothing required for certain
4bicycle riders, providing penalties, and making penalties
5applicable.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.299, Code 2021, 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 2021, 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.
12 Sec. 3. Section 321.385A, Code 2021, 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 2021, is amended to read as
10follows:
11321.397 Lamps on bicycles and riders.
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 2021, 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 2021, 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 2021, 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.
18OVERTAKING AND PASSING. This bill amends Code section
19321.299 to require the driver of a vehicle overtaking a person
20riding a bicycle proceeding in the same direction on a roadway
21to pass to the left of the bicycle in an adjacent travel lane or
22on the opposite side of the roadway, and prohibits the driver
23from returning to the right side of the roadway until safely
24clear of the overtaken bicycle in accordance with Code section
25321.281. Code section 321.281 prohibits a person operating
26a vehicle from steering the vehicle unreasonably close to or
27toward a person riding a bicycle on a highway. This provision
28of the bill does not apply if the bicycle is traveling on
29a paved shoulder or in a lane designated for the travel of
30bicycles.
31A violation of Code section 321.281 is punishable by a
32scheduled fine of $325 and a violation of Code section 321.299
33is punishable by a scheduled fine of $135. However, if a
34violation of Code section 321.299 causes a serious injury, a
35court could impose an additional fine of $500 and suspend the
-4-1person’s driver’s license for not more than 90 days. If the
2violation causes a death, a court could impose an additional
3fine of $1,000 and suspend the person’s driver’s license for
4not more than 180 days.
5Under Code section 321.234, a person riding a bicycle on the
6highway is subject to the provisions of Code chapter 321 (motor
7vehicles and law of the road) and has all the rights and duties
8applicable to the driver of a vehicle. The bill specifies
9that under Code section 321.304 a vehicle is prohibited from
10overtaking and passing a bicycle when approaching the crest of
11a grade or upon a curve in the highway where the driver’s view
12along the highway is obstructed for a distance of approximately
13700 feet; when approaching within 100 feet of any narrow
14bridge, viaduct, or tunnel; or when approaching within 100 feet
15of or traversing any intersection or railroad grade crossing.
16However, the bill provides that a vehicle may pass a bicycle
17where official signs are in place directing that traffic keep
18to the right or a distinctive center line or off-center line
19is marked, provided the vehicle complies with the current
20requirements for overtaking on the left.
21A violation of Code section 321.304 is punishable by a
22scheduled fine of $135. However, if the violation causes a
23serious injury, a court could impose an additional fine of $500
24and suspend the person’s driver’s license for not more than 90
25days. If the violation causes a death, a court could impose
26an additional fine of $1,000 and suspend the person’s driver’s
27license for not more than 180 days.
28LAMPS.Current law requires a bicycle to have a front
29lighted lamp and either a rear lighted lamp or a rear reflector
30at any time from sunset to sunrise, and at such other times
31when conditions such as fog, snow, sleet, or rain provide
32insufficient lighting to render clearly discernible persons and
33vehicles on the highway at a distance of 500 feet ahead. The
34bill instead requires that, from sunset to sunrise, a bicycle
35must be equipped with a lamp on the front exhibiting a steady
-5-1or flashing white light visible from a distance of at least 300
2feet to the front, and every bicycle or bicycle rider must be
3equipped with a lamp exhibiting a steady or flashing red light
4visible from a distance of 300 feet to the rear.
5The scheduled fine for a violation of this provision is $35.
6However, the bill provides that a citation issued for failure
7to have a front or rear lamp on a bicycle or on a bicycle rider
8must first provide for a 72-hour period within which the person
9charged with the violation can replace or repair the lamp. If
10the person complies with the directive to replace or repair the
11bicycle lamp, the citation must be expunged.
12CLOTHING. The bill requires a person riding a bicycle on a
13highway with a speed limit of 45 miles per hour or more, other
14than for the purpose of crossing the highway at a crosswalk,
15to wear clothing and equipment which together contain at least
16144 square inches of high-visibility or reflective material
17visible to the rear of the bicycle. The scheduled fine for a
18violation of this provision is $25. The bill provides that
19the provision does not apply to a person riding a bicycle as
20part of an organized bicycle riding event involving 500 or more
21bicycle riders at which one or more certified peace officers
22are providing traffic control and direction.
-6-th/ns