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House Study Bill 130 - IntroducedA Bill ForAn Act 1relating to the safe operation of bicycles, and making
2penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.299, Code 2017, 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 shall 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 2017, 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 shall not apply to a vehicle
10overtaking and passing a bicycle, provided the vehicle complies
11with section 321.303.
12 Sec. 3. Section 321.385A, Code 2017, is amended to read as
13follows:
14321.385A Citation for unlighted headlamp, rear lamp, bicycle
15lamp, or rear registration plate light.
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, bicycle lamp, or rear
34registration plate light 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 2017, is amended to read as
10follows:
11321.397 Lamps on bicycles.
12Every At the times specified in section 321.384 and at any
13time a bicycle is operated on a primary or secondary road, as
14defined in section 306.3, the bicycle shall be equipped with a
15lamp on the front exhibiting a steady or flashing white light,
16at the times specified in section 321.384, visible from a
17distance of at least three hundred feet to the front, and every
18bicycle or bicycle rider shall be equipped with a lamp on the
19rear exhibiting a steady or flashing red light visible from a
20distance of three hundred feet to the rear; except that a red
21reflector may be used in lieu of a rear light. A peace officer
22riding a police bicycle is not required to use either front or
23rear lamps if duty so requires.
24 Sec. 5. Section 321.423, subsection 2, Code 2017, is amended
25by adding the following new paragraph:
26 NEW PARAGRAPH. k. A flashing white or red light equipped on
27a bicycle operating on a highway pursuant to section 321.397
28is permitted.
29 Sec. 6. Section 321.423, subsection 7, paragraph a,
30unnumbered paragraph 1, Code 2017, is amended to read as
31follows:
32Except as provided in section 321.373, subsection 7, and
33subsection 2, paragraphs “c”, and “i”, and “k” of this section,
34a flashing white light shall only be used on a vehicle in the
35following circumstances:
-3-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill amends Code section 321.299 to require the driver
5of a vehicle overtaking a person riding a bicycle proceeding
6in the same direction on a roadway to pass to the left of the
7bicycle in an adjacent travel lane or on the opposite side of
8the roadway, and prohibits the driver from returning to the
9right side of the roadway until safely clear of the overtaken
10bicycle in accordance with Code section 321.281. Code section
11321.281 prohibits a person operating a vehicle from steering
12the vehicle unreasonably close to or toward a person riding
13a bicycle on a highway. This provision of the bill does not
14apply if the bicycle is traveling on a paved shoulder or in a
15lane designated for the travel of bicycles.
16A violation of Code section 321.281 is punishable by a
17scheduled fine of $250 and a violation of Code section 321.299
18is punishable by a scheduled fine of $100. However, if a
19violation of Code section 321.299 causes a serious injury, a
20court could impose an additional fine of $500 and suspend the
21person’s driver’s license for not more than 90 days. If the
22violation causes a death, a court could impose an additional
23fine of $1,000 and suspend the person’s driver’s license for
24not more than 180 days.
25Under Code section 321.234, a person riding a bicycle on the
26highway is subject to the provisions of Code chapter 321 (motor
27vehicles and law of the road) and has all the rights and duties
28applicable to the driver of a vehicle. The bill specifies
29that under Code section 321.304 a vehicle is prohibited from
30overtaking and passing a bicycle when approaching the crest of
31a grade or upon a curve in the highway where the driver’s view
32along the highway is obstructed for a distance of approximately
33700 feet; when approaching within 100 feet of any narrow
34bridge, viaduct, or tunnel; or when approaching within 100 feet
35of or traversing any intersection or railroad grade crossing.
-4-1However, the bill provides that a vehicle may pass a bicycle
2where official signs are in place directing that traffic keep
3to the right or a distinctive center line or off-center line
4is marked, provided the vehicle complies with the current
5requirements for overtaking on the left.
6A violation of Code section 321.304 is punishable by a
7scheduled fine of $100. However, if the violation causes a
8serious injury, a court could impose an additional fine of $500
9and suspend the person’s driver’s license for not more than 90
10days. If the violation causes a death, a court could impose
11an additional fine of $1,000 and suspend the person’s driver’s
12license for not more than 180 days.
13Current law requires a bicycle to have a front lighted lamp
14and either a rear lighted lamp or a rear reflector at any time
15from sunset to sunrise, and at such other times when conditions
16such as fog, snow, sleet, or rain provide insufficient lighting
17to render clearly discernible persons and vehicles on the
18highway at a distance of 500 feet ahead.
19During the periods of time stated above and at any time a
20bicycle is operated on a primary or secondary road, the bill
21instead requires a bicycle to be equipped with a lamp on the
22front exhibiting a steady or flashing white light visible from
23a distance of at least 300 feet to the front, and every bicycle
24or bicycle rider to be equipped with a lamp exhibiting a steady
25or flashing red light visible from a distance of 300 feet to
26the rear.
27The scheduled fine for a violation of this provision is $25.
28However, the bill provides that a citation issued for failure
29to have a front or rear lamp on a bicycle or on a bicycle rider
30must first provide for a 72-hour period within which the person
31charged with the violation can replace or repair the lamp. If
32the person complies with the directive to replace or repair the
33bicycle lamp, the citation must be expunged.
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2penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.299, Code 2017, 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 shall 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 2017, 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 shall not apply to a vehicle
10overtaking and passing a bicycle, provided the vehicle complies
11with section 321.303.
12 Sec. 3. Section 321.385A, Code 2017, is amended to read as
13follows:
14321.385A Citation for unlighted headlamp, rear lamp, bicycle
15lamp, or rear registration plate light.
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, bicycle lamp, or rear
34registration plate light 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 2017, is amended to read as
10follows:
11321.397 Lamps on bicycles.
12Every At the times specified in section 321.384 and at any
13time a bicycle is operated on a primary or secondary road, as
14defined in section 306.3, the bicycle shall be equipped with a
15lamp on the front exhibiting a steady or flashing white light,
16at the times specified in section 321.384, visible from a
17distance of at least three hundred feet to the front, and every
18bicycle or bicycle rider shall be equipped with a lamp on the
19rear exhibiting a steady or flashing red light visible from a
20distance of three hundred feet to the rear; except that a red
21reflector may be used in lieu of a rear light. A peace officer
22riding a police bicycle is not required to use either front or
23rear lamps if duty so requires.
24 Sec. 5. Section 321.423, subsection 2, Code 2017, is amended
25by adding the following new paragraph:
26 NEW PARAGRAPH. k. A flashing white or red light equipped on
27a bicycle operating on a highway pursuant to section 321.397
28is permitted.
29 Sec. 6. Section 321.423, subsection 7, paragraph a,
30unnumbered paragraph 1, Code 2017, is amended to read as
31follows:
32Except as provided in section 321.373, subsection 7, and
33subsection 2, paragraphs “c”, and “i”, and “k” of this section,
34a flashing white light shall only be used on a vehicle in the
35following circumstances:
-3-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill amends Code section 321.299 to require the driver
5of a vehicle overtaking a person riding a bicycle proceeding
6in the same direction on a roadway to pass to the left of the
7bicycle in an adjacent travel lane or on the opposite side of
8the roadway, and prohibits the driver from returning to the
9right side of the roadway until safely clear of the overtaken
10bicycle in accordance with Code section 321.281. Code section
11321.281 prohibits a person operating a vehicle from steering
12the vehicle unreasonably close to or toward a person riding
13a bicycle on a highway. This provision of the bill does not
14apply if the bicycle is traveling on a paved shoulder or in a
15lane designated for the travel of bicycles.
16A violation of Code section 321.281 is punishable by a
17scheduled fine of $250 and a violation of Code section 321.299
18is punishable by a scheduled fine of $100. However, if a
19violation of Code section 321.299 causes a serious injury, a
20court could impose an additional fine of $500 and suspend the
21person’s driver’s license for not more than 90 days. If the
22violation causes a death, a court could impose an additional
23fine of $1,000 and suspend the person’s driver’s license for
24not more than 180 days.
25Under Code section 321.234, a person riding a bicycle on the
26highway is subject to the provisions of Code chapter 321 (motor
27vehicles and law of the road) and has all the rights and duties
28applicable to the driver of a vehicle. The bill specifies
29that under Code section 321.304 a vehicle is prohibited from
30overtaking and passing a bicycle when approaching the crest of
31a grade or upon a curve in the highway where the driver’s view
32along the highway is obstructed for a distance of approximately
33700 feet; when approaching within 100 feet of any narrow
34bridge, viaduct, or tunnel; or when approaching within 100 feet
35of or traversing any intersection or railroad grade crossing.
-4-1However, the bill provides that a vehicle may pass a bicycle
2where official signs are in place directing that traffic keep
3to the right or a distinctive center line or off-center line
4is marked, provided the vehicle complies with the current
5requirements for overtaking on the left.
6A violation of Code section 321.304 is punishable by a
7scheduled fine of $100. However, if the violation causes a
8serious injury, a court could impose an additional fine of $500
9and suspend the person’s driver’s license for not more than 90
10days. If the violation causes a death, a court could impose
11an additional fine of $1,000 and suspend the person’s driver’s
12license for not more than 180 days.
13Current law requires a bicycle to have a front lighted lamp
14and either a rear lighted lamp or a rear reflector at any time
15from sunset to sunrise, and at such other times when conditions
16such as fog, snow, sleet, or rain provide insufficient lighting
17to render clearly discernible persons and vehicles on the
18highway at a distance of 500 feet ahead.
19During the periods of time stated above and at any time a
20bicycle is operated on a primary or secondary road, the bill
21instead requires a bicycle to be equipped with a lamp on the
22front exhibiting a steady or flashing white light visible from
23a distance of at least 300 feet to the front, and every bicycle
24or bicycle rider to be equipped with a lamp exhibiting a steady
25or flashing red light visible from a distance of 300 feet to
26the rear.
27The scheduled fine for a violation of this provision is $25.
28However, the bill provides that a citation issued for failure
29to have a front or rear lamp on a bicycle or on a bicycle rider
30must first provide for a 72-hour period within which the person
31charged with the violation can replace or repair the lamp. If
32the person complies with the directive to replace or repair the
33bicycle lamp, the citation must be expunged.
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