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House File 313 - IntroducedA Bill ForAn Act 1requiring the removal of motor vehicles involved in
2certain accidents from the roadway, and providing a penalty.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.262, Code 2017, is amended to read
2as follows:
3321.262 Leaving scene of traffic accident prohibited —
4vehicle damage only —removal of vehicles.
51. a. The driver of any vehicle involved in an accident
6resulting only in damage to a vehicle which is driven or
7attended by any person shall immediately stop such remove the
8driver’s vehicle at the scene of such accident or as close
9thereto as possible but shall forthwith return to and in every
10event from the traveled portion of the roadway if the vehicle
11is operable and the removal can be achieved in a safe manner.
12The driver shall remove the vehicle to the shoulder, emergency
13lane, or median nearest to the scene of the accident such that
14the vehicle is completely off the traveled portion of the
15roadway, and shall then stop the vehicle. The driver shall
16remove the vehicle without obstructing traffic more than is
17necessary.
18b. Another person at the scene of the accident may remove
19a vehicle involved in the accident in accordance with this
20subsection to reduce the risk of a subsequent accident or to
21ensure the safety of persons at the scene of the accident.
222. The drivershall remain at the scene of such the accident
23until the driver has fulfilled the requirements of section
24321.263. Every such stop shall be made without obstructing
25traffic more than is necessary. Any person failing to stop or
26comply with said remain at the scene of the accident or fulfill
27the requirements of section 321.263 under such circumstances
28shall be guilty of a misdemeanor and punished as provided in
29section 321.482.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33Current law requires the driver of a vehicle involved in an
34accident resulting only in damage to a vehicle to immediately
35stop the vehicle at the scene of the accident and to remain
-1-1at the scene of the accident until the driver has fulfilled
2the requirements of Code section 321.263, which relates to the
3exchange of personal information. A driver who fails to comply
4with these requirements is guilty of a simple misdemeanor
5punishable by up to 30 days in prison and a fine of at least $65
6but not to exceed $625.
7This bill requires the driver to first remove the driver’s
8vehicle from the traveled portion of the roadway if the
9vehicle is operable and the removal can be achieved in a safe
10manner. The bill requires the driver to remove the vehicle to
11the shoulder, emergency lane, or median nearest to the scene
12of the accident such that the vehicle is completely off the
13traveled portion of the roadway. In addition, the bill allows
14another person at the scene of the accident to remove a vehicle
15involved in the accident from the roadway to reduce the risk of
16a subsequent accident or to ensure the safety of persons at the
17scene of the accident.
18Under the bill, a driver who fails to remain at the scene
19of the accident or fulfill the requirements of Code section
20321.263 is guilty of a simple misdemeanor. However, a driver
21who fails to remove the driver’s vehicle from the traveled
22portion of the roadway, but remains at the scene of the
23accident and fulfills the requirements of Code section 321.263,
24is not guilty of a simple misdemeanor.
-2-ns/nh
2certain accidents from the roadway, and providing a penalty.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.262, Code 2017, is amended to read
2as follows:
3321.262 Leaving scene of traffic accident prohibited —
4vehicle damage only —removal of vehicles.
51. a. The driver of any vehicle involved in an accident
6resulting only in damage to a vehicle which is driven or
7attended by any person shall immediately stop such remove the
8driver’s vehicle at the scene of such accident or as close
9thereto as possible but shall forthwith return to and in every
10event from the traveled portion of the roadway if the vehicle
11is operable and the removal can be achieved in a safe manner.
12The driver shall remove the vehicle to the shoulder, emergency
13lane, or median nearest to the scene of the accident such that
14the vehicle is completely off the traveled portion of the
15roadway, and shall then stop the vehicle. The driver shall
16remove the vehicle without obstructing traffic more than is
17necessary.
18b. Another person at the scene of the accident may remove
19a vehicle involved in the accident in accordance with this
20subsection to reduce the risk of a subsequent accident or to
21ensure the safety of persons at the scene of the accident.
222. The drivershall remain at the scene of such the accident
23until the driver has fulfilled the requirements of section
24321.263. Every such stop shall be made without obstructing
25traffic more than is necessary. Any person failing to stop or
26comply with said remain at the scene of the accident or fulfill
27the requirements of section 321.263 under such circumstances
28shall be guilty of a misdemeanor and punished as provided in
29section 321.482.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33Current law requires the driver of a vehicle involved in an
34accident resulting only in damage to a vehicle to immediately
35stop the vehicle at the scene of the accident and to remain
-1-1at the scene of the accident until the driver has fulfilled
2the requirements of Code section 321.263, which relates to the
3exchange of personal information. A driver who fails to comply
4with these requirements is guilty of a simple misdemeanor
5punishable by up to 30 days in prison and a fine of at least $65
6but not to exceed $625.
7This bill requires the driver to first remove the driver’s
8vehicle from the traveled portion of the roadway if the
9vehicle is operable and the removal can be achieved in a safe
10manner. The bill requires the driver to remove the vehicle to
11the shoulder, emergency lane, or median nearest to the scene
12of the accident such that the vehicle is completely off the
13traveled portion of the roadway. In addition, the bill allows
14another person at the scene of the accident to remove a vehicle
15involved in the accident from the roadway to reduce the risk of
16a subsequent accident or to ensure the safety of persons at the
17scene of the accident.
18Under the bill, a driver who fails to remain at the scene
19of the accident or fulfill the requirements of Code section
20321.263 is guilty of a simple misdemeanor. However, a driver
21who fails to remove the driver’s vehicle from the traveled
22portion of the roadway, but remains at the scene of the
23accident and fulfills the requirements of Code section 321.263,
24is not guilty of a simple misdemeanor.
-2-ns/nh