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House Study Bill 535 - IntroducedA Bill ForAn Act 1relating to texting or using a mobile telephone while
2operating a commercial motor vehicle, providing penalties,
3and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.482A, unnumbered paragraph 1, Code
22018, is amended to read as follows:
3Notwithstanding section 321.482, a person who is convicted
4of operating a motor vehicle in violation of section 321.178,
5subsection 2, paragraph “a”, subparagraph (2), section
6321.180B, subsection 6, section 321.194, subsection 2,
7paragraph “b”, subparagraph (2), section 321.256, 321.257,
8section 321.275, subsection 4, section 321.276, 321.297,
9321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306,
10321.307, 321.308, section 321.309, subsection 2, or section
11321.311, 321.319, 321.320, 321.321, 321.322, 321.323, 321.324,
12321.324A, 321.327, 321.329, 321.333, or section 321.372,
13subsection 3, or section 321.449B, causing serious injury to
14or the death of another person may be subject to the following
15penalties in addition to the penalty provided for a scheduled
16violation in section 805.8A or any other penalty provided by
17law:
18 Sec. 2. NEW SECTION. 321.449B Texting or using a mobile
19telephone while operating a commercial motor vehicle.
201. a. A person subject to rules adopted by the department
21pursuant to section 321.449 shall not operate a commercial
22motor vehicle while engaged in texting as prohibited by
2349 C.F.R. §392.80, except in an emergency or as otherwise
24permitted under 49 C.F.R. §392.80.
25b. A person subject to rules adopted by the department
26pursuant to section 321.449 shall not operate a commercial
27motor vehicle while using a hand-held mobile telephone as
28prohibited by 49 C.F.R. §392.82, except in an emergency or as
29otherwise permitted under 49 C.F.R. §392.82.
302. a. A person convicted of a violation of this section
31is guilty of a simple misdemeanor punishable as a scheduled
32violation under section 805.8A, subsection 13, paragraph “b”.
33b. A violation of this section shall be considered a moving
34violation for the purposes of this chapter and rules adopted
35pursuant to this chapter.
-1- 1c. A conviction for a violation of this section shall be in
2lieu of a conviction for a violation of section 321.276 if the
3violations are based on the same facts and circumstances.
4 Sec. 3. Section 805.8A, subsection 13, paragraph b, Code
52018, is amended to read as follows:
6b. For a violation under section 321.449, or 321.449A, or
7321.449B, the scheduled fine is fifty dollars.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill prohibits a person subject to the department of
12transportation’s motor carrier safety rules from operating a
13commercial motor vehicle while engaged in texting or while
14using a hand-held mobile telephone as prohibited by federal
15regulations, except in an emergency or as otherwise permitted
16under such federal regulations.
17A violation of the provision is a simple misdemeanor
18punishable by a scheduled fine of $50 and is considered a
19moving violation. However, a conviction for a violation of the
20provision shall be in lieu of a conviction for a violation of
21Code section 321.276 (use of electronic communication device
22while driving) if the violations are based on the same facts
23and circumstances. The bill also includes a violation of Code
24section 321.449B on the list of traffic offenses for which
25additional penalties may be imposed if the violation causes
26serious injury or death. If the violation causes a serious
27injury, a court could impose an additional fine of $500 or
28suspend the person’s driver’s license for not more than 90
29days, or both. If the violation causes a death, a court could
30impose an additional fine of $1,000 or suspend the person’s
31driver’s license for not more than 180 days, or both.
32Under current law, a violation of Code section 321.276 is a
33simple misdemeanor punishable by a scheduled fine of $30, is
34not a moving violation, and is subject to the same additional
35penalties if the violation causes serious injury or death.
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2operating a commercial motor vehicle, providing penalties,
3and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.482A, unnumbered paragraph 1, Code
22018, is amended to read as follows:
3Notwithstanding section 321.482, a person who is convicted
4of operating a motor vehicle in violation of section 321.178,
5subsection 2, paragraph “a”, subparagraph (2), section
6321.180B, subsection 6, section 321.194, subsection 2,
7paragraph “b”, subparagraph (2), section 321.256, 321.257,
8section 321.275, subsection 4, section 321.276, 321.297,
9321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306,
10321.307, 321.308, section 321.309, subsection 2, or section
11321.311, 321.319, 321.320, 321.321, 321.322, 321.323, 321.324,
12321.324A, 321.327, 321.329, 321.333, or section 321.372,
13subsection 3, or section 321.449B, causing serious injury to
14or the death of another person may be subject to the following
15penalties in addition to the penalty provided for a scheduled
16violation in section 805.8A or any other penalty provided by
17law:
18 Sec. 2. NEW SECTION. 321.449B Texting or using a mobile
19telephone while operating a commercial motor vehicle.
201. a. A person subject to rules adopted by the department
21pursuant to section 321.449 shall not operate a commercial
22motor vehicle while engaged in texting as prohibited by
2349 C.F.R. §392.80, except in an emergency or as otherwise
24permitted under 49 C.F.R. §392.80.
25b. A person subject to rules adopted by the department
26pursuant to section 321.449 shall not operate a commercial
27motor vehicle while using a hand-held mobile telephone as
28prohibited by 49 C.F.R. §392.82, except in an emergency or as
29otherwise permitted under 49 C.F.R. §392.82.
302. a. A person convicted of a violation of this section
31is guilty of a simple misdemeanor punishable as a scheduled
32violation under section 805.8A, subsection 13, paragraph “b”.
33b. A violation of this section shall be considered a moving
34violation for the purposes of this chapter and rules adopted
35pursuant to this chapter.
-1- 1c. A conviction for a violation of this section shall be in
2lieu of a conviction for a violation of section 321.276 if the
3violations are based on the same facts and circumstances.
4 Sec. 3. Section 805.8A, subsection 13, paragraph b, Code
52018, is amended to read as follows:
6b. For a violation under section 321.449, or 321.449A, or
7321.449B, the scheduled fine is fifty dollars.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill prohibits a person subject to the department of
12transportation’s motor carrier safety rules from operating a
13commercial motor vehicle while engaged in texting or while
14using a hand-held mobile telephone as prohibited by federal
15regulations, except in an emergency or as otherwise permitted
16under such federal regulations.
17A violation of the provision is a simple misdemeanor
18punishable by a scheduled fine of $50 and is considered a
19moving violation. However, a conviction for a violation of the
20provision shall be in lieu of a conviction for a violation of
21Code section 321.276 (use of electronic communication device
22while driving) if the violations are based on the same facts
23and circumstances. The bill also includes a violation of Code
24section 321.449B on the list of traffic offenses for which
25additional penalties may be imposed if the violation causes
26serious injury or death. If the violation causes a serious
27injury, a court could impose an additional fine of $500 or
28suspend the person’s driver’s license for not more than 90
29days, or both. If the violation causes a death, a court could
30impose an additional fine of $1,000 or suspend the person’s
31driver’s license for not more than 180 days, or both.
32Under current law, a violation of Code section 321.276 is a
33simple misdemeanor punishable by a scheduled fine of $30, is
34not a moving violation, and is subject to the same additional
35penalties if the violation causes serious injury or death.
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