Bill Text: IA HF2228 | 2011-2012 | 84th General Assembly | Enrolled
Bill Title: A bill for an act relating to requirements for a motor vehicle operator to have control of the vehicle at all times and to change lanes or reduce speed in specific situations, and providing penalties. Effective 7-1-12.
Spectrum: Committee Bill
Status: (Passed) 2012-04-12 - Signed by Governor. H.J. 809. [HF2228 Detail]
Download: Iowa-2011-HF2228-Enrolled.html
House
File
2228
AN
ACT
RELATING
TO
REQUIREMENTS
FOR
A
MOTOR
VEHICLE
OPERATOR
TO
HAVE
CONTROL
OF
THE
VEHICLE
AT
ALL
TIMES
AND
TO
CHANGE
LANES
OR
REDUCE
SPEED
IN
SPECIFIC
SITUATIONS,
AND
PROVIDING
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
321.285,
subsection
2,
paragraph
a,
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
follows:
Unless
otherwise
provided
by
this
section
,
or
except
as
posted
pursuant
to
sections
262.68
,
321.236,
subsection
5
,
section
321.288,
subsection
6
2,
paragraph
“f”
,
sections
321.289
,
321.290
,
321.293
,
321.295
,
and
461A.36
,
the
following
shall
be
the
lawful
speed
and
any
speed
in
excess
thereof
shall
be
unlawful:
Sec.
2.
Section
321.288,
Code
2011,
is
amended
to
read
as
follows:
321.288
Control
of
vehicle
——
reduced
speed.
1.
A
person
operating
a
motor
vehicle
shall
have
the
vehicle
under
control
at
all
times
and
.
2.
A
person
operating
a
motor
vehicle
shall
reduce
the
speed
to
a
reasonable
and
proper
rate:
1.
a.
When
approaching
and
passing
a
person
walking
in
the
traveled
portion
of
the
public
highway.
2.
b.
When
approaching
and
passing
an
animal
which
is
being
led,
ridden,
or
driven
upon
a
public
highway.
3.
c.
When
approaching
and
traversing
a
crossing
or
intersection
of
public
highways,
or
a
bridge,
sharp
turn,
curve,
or
steep
descent
,
in
a
public
highway.
4.
d.
When
approaching
and
passing
an
emergency
warning
House
File
2228,
p.
2
device
displayed
in
accordance
with
rules
adopted
under
section
321.449
,
or
an
emergency
vehicle
displaying
a
revolving
or
flashing
light.
5.
e.
When
approaching
and
passing
a
slow
moving
vehicle
displaying
a
reflective
device
or
alternative
reflective
device
as
provided
by
section
321.383
.
6.
f.
When
approaching
and
passing
through
a
sign-posted
road
work
zone
upon
the
public
highway
.
Sec.
3.
Section
321.323A,
Code
2011,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3.
a.
A
person
convicted
of
a
violation
of
this
section
commits
a
simple
misdemeanor
punishable
as
a
scheduled
violation
under
section
805.8A,
subsection
11.
b.
A
person
convicted
of
a
violation
of
this
section
which
resulted
in
an
accident
causing
bodily
injury
to
or
the
death
of
another
person
may
be
subject
to
the
following
penalties
in
addition
to
the
penalty
provided
for
a
scheduled
violation
in
section
805.8A,
subsection
11,
or
any
other
penalty
provided
by
law:
(1)
For
a
violation
causing
bodily
injury
to
another
person,
a
fine
of
five
hundred
dollars.
(2)
For
a
violation
causing
death,
a
fine
of
one
thousand
dollars.
c.
Upon
receiving
a
record
of
a
person’s
conviction
for
a
violation
under
paragraph
“a”
which
resulted
in
an
accident
causing
damage
to
the
property
of
another
person
or
bodily
injury
to
or
death
of
another
person,
the
department
shall
suspend
the
person’s
driver’s
license
or
operating
privileges,
upon
thirty
days’
notice
and
without
preliminary
hearing,
as
follows:
(1)
For
a
violation
causing
damage
to
the
property
of
another
person,
but
not
resulting
in
bodily
injury
or
death
of
to
another
person,
the
department
shall
suspend
the
violator’s
driver’s
license
or
operating
privileges
for
ninety
days.
(2)
For
a
violation
causing
bodily
injury
to
another
person,
the
department
shall
suspend
the
violator’s
driver’s
license
or
operating
privileges
for
one
hundred
eighty
days.
(3)
For
a
violation
causing
death,
the
department
shall
suspend
the
violator’s
driver’s
license
or
operating
privileges
for
one
year.
Sec.
4.
Section
321.482A,
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
follows:
Notwithstanding
section
321.482
,
a
person
who
is
convicted
House
File
2228,
p.
3
of
operating
a
motor
vehicle
in
violation
of
section
321.178,
subsection
2
,
paragraph
“a”
,
subparagraph
(2),
section
321.180B,
subsection
6
,
section
321.194,
subsection
1
,
paragraph
“c”
,
section
321.256
,
section
321.257
,
section
321.275,
subsection
4
,
section
321.276,
321.297
,
321.298
,
321.299
,
321.302
,
321.303
,
321.304
,
321.305
,
321.306
,
321.307
,
321.308
,
section
321.309,
subsection
2
,
or
section
321.311
,
321.319
,
321.320
,
321.321
,
321.322
,
321.323
,
321.323A,
321.324,
321.324A,
321.327,
321.329,
or
321.333
causing
serious
injury
to
or
the
death
of
another
person
may
be
subject
to
the
following
penalties
in
addition
to
the
penalty
provided
for
a
scheduled
violation
in
section
805.8A
or
any
other
penalty
provided
by
law:
Sec.
5.
PUBLIC
AWARENESS
AND
COMPLIANCE
PROGRAMS.
The
department
of
transportation,
in
conjunction
with
the
department
of
public
safety,
shall
establish
programs
to
foster
public
awareness
of
and
compliance
with
the
requirements
of
section
321.323A.
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
______________________________
JOHN
P.
KIBBIE
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2228,
Eighty-fourth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Chief
Clerk
of
the
House
Approved
_______________,
2012
______________________________
TERRY
E.
BRANSTAD
Governor