Bill Text: IA HF2341 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the safe operation of bicycles, providing penalties, and making penalties applicable. (Formerly HF 513 and HSB 130.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-03-15 - Referred to Transportation. H.J. 594. [HF2341 Detail]
Download: Iowa-2017-HF2341-Introduced.html
House File 2341 - Introduced HOUSE FILE BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HF 513) (SUCCESSOR TO HSB 130) A BILL FOR 1 An Act relating to the safe operation of bicycles, providing 2 penalties, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2446HZ (2) 87 ns/rh PAG LIN 1 1 Section 1. Section 321.299, Code 2018, is amended to read 1 2 as follows: 1 3 321.299 Overtaking a vehicle or bicycle. 1 4 The following rules shall govern the overtaking and passing 1 5 of vehicles and bicycles proceeding in the same direction, 1 6 subject to those limitations, exceptions, and special rules 1 7 hereinafter stated: 1 8 1. The driver of a vehicle overtaking another vehicle 1 9 proceeding in the same direction shall pass to the left of the 1 10 other vehicle at a safe distance and shall not again drive 1 11 to the right side of the roadway until safely clear of the 1 12 overtaken vehicle. 1 13 2. Except when overtaking and passing on the right is 1 14 permitted, the driver of an overtaken vehicle shall give way 1 15 to the right in favor of the overtaking vehicle and shall not 1 16 increase the speed of the overtaken vehicle until completely 1 17 passed by the overtaking vehicle. 1 18 3. The driver of a vehicle overtaking a person riding a 1 19 bicycle proceeding in the same direction on a roadway shall 1 20 pass to the left of the bicycle in an adjacent travel lane or 1 21 on the opposite side of the roadway and shall not again drive 1 22 to the right side of the roadway until safely clear of the 1 23 overtaken bicycle in accordance with section 321.281. This 1 24 subsection shall not apply to a vehicle overtaking a bicycle 1 25 which is traveling on a paved shoulder or in a lane designated 1 26 for the travel of bicycles. 1 27 Sec. 2. Section 321.304, Code 2018, is amended to read as 1 28 follows: 1 29 321.304 Prohibited passing. 1 30NoA vehicle shall not, in overtaking and passing another 1 31 vehicle, a bicycle, or at any other time, be driven to the left 1 32 side of the roadway under the following conditions: 1 33 1. When approaching the crest of a grade or upon a curve 1 34 in the highway where the driver's view along the highway is 1 35 obstructed for a distance of approximately seven hundred feet. 2 1 2. When approaching within one hundred feet of any narrow 2 2 bridge, viaduct, or tunnel, when so signposted, or when 2 3 approaching within one hundred feet of or traversing any 2 4 intersection or railroad grade crossing. 2 5 3. Where official signs are in place directing that traffic 2 6 keep to the right or a distinctive center line or off=center 2 7 line is marked, which distinctive line also so directs traffic 2 8 as declared in the sign manual adopted by the department of 2 9 transportation. This subsection shall not apply to a vehicle 2 10 overtaking and passing a bicycle, provided the vehicle complies 2 11 with section 321.303. 2 12 Sec. 3. Section 321.385A, Code 2018, is amended to read as 2 13 follows: 2 14 321.385A Citation for unlighted headlamp, rear lamp, bicycle 2 15 lamp, or rear registration plate light. 2 16 1. a. A citation issued for failure to have headlamps 2 17 as required under section 321.385 shall first provide for a 2 18seventy=two hourseventy=two=hour period within which the 2 19 person charged with the violation shall replace or repair the 2 20 headlamp. 2 21 b. A citation issued for failure to have rear lamps as 2 22 required under section 321.387 or a rear registration plate 2 23 light as required under section 321.388 shall first provide for 2 24 aseventy=two hourseventy=two=hour period within which the 2 25 person charged with the violation shall replace or repair the 2 26 lamps or light. 2 27 c. A citation issued for failure to have a front or rear 2 28 lamp on a bicycle or on a bicycle rider as required under 2 29 section 321.397 shall first provide for a seventy=two=hour 2 30 period within which the person charged with the violation shall 2 31 replace or repair the lamp. 2 32 2. If the person complies with the directive to replace 2 33 or repair the headlamp, rear lamps, bicycle lamp, or rear 2 34 registration plate light within the allotted time period, 2 35 the citation shall be expunged. If the person fails to 3 1 comply within the allotted time period, the citation shall be 3 2 processed in the same manner as other citations. 3 3 3. A citation issued under this section shall include 3 4 a written notice of replacement or repair which shall 3 5 indicate the date of replacement or repair and the manner in 3 6 which the replacement or repair occurred and which shall be 3 7 returned to the issuing authority within theseventy=two hour 3 8seventy=two=hour time period. 3 9 Sec. 4. Section 321.397, Code 2018, is amended to read as 3 10 follows: 3 11 321.397 Lamps on bicycles. 3 12EveryAt any time from sunset to sunrise, a bicycle shall 3 13 be equipped with a lamp on the front exhibiting a steady 3 14 or flashing white light, at the times specified in section 3 15 321.384,visible from a distance of at least three hundred 3 16 feet to the front, and every bicycle or bicycle rider shall 3 17 be equipped with a lampon the rearexhibiting a steady or 3 18 flashing red light visible from a distance of three hundred 3 19 feet to the rear; except that a red reflector may be used in 3 20 lieu of a rear light. A peace officer riding a police bicycle 3 21 is not required to use either front or rear lamps if duty so 3 22 requires. 3 23 Sec. 5. Section 321.423, subsection 2, Code 2018, is amended 3 24 by adding the following new paragraph: 3 25 NEW PARAGRAPH. k. A flashing white or red light equipped on 3 26 a bicycle operating on a highway pursuant to section 321.397 3 27 is permitted. 3 28 Sec. 6. Section 321.423, subsection 7, paragraph a, 3 29 unnumbered paragraph 1, Code 2018, is amended to read as 3 30 follows: 3 31 Except as provided in section 321.373, subsection 7, and 3 32 subsection 2, paragraphs "c",and"i", and "k" of this section, 3 33 a flashing white light shall only be used on a vehicle in the 3 34 following circumstances: 3 35 Sec. 7. NEW SECTION. 321.434A Bicycle riders ==== 4 1 high=visibility or reflective clothing. 4 2 A person riding a bicycle on a highway with a speed limit of 4 3 forty=five miles per hour or more, other than for the purpose 4 4 of crossing the highway at a crosswalk, shall wear clothing 4 5 and equipment which together contain at least one hundred 4 6 forty=four square inches of high=visibility or reflective 4 7 material visible to the rear of the bicycle. This section 4 8 shall not apply to a person riding a bicycle as part of an 4 9 organized bicycle riding event involving five hundred or more 4 10 bicycle riders at which one or more certified peace officers 4 11 are providing traffic control and direction. 4 12 Sec. 8. Section 805.8A, subsection 9, Code 2018, is amended 4 13 by adding the following new paragraph: 4 14 NEW PARAGRAPH. l. Section 321.434A$ 25. 4 15 EXPLANATION 4 16 The inclusion of this explanation does not constitute agreement with 4 17 the explanation's substance by the members of the general assembly. 4 18 This bill amends Code section 321.299 to require the driver 4 19 of a vehicle overtaking a person riding a bicycle proceeding 4 20 in the same direction on a roadway to pass to the left of the 4 21 bicycle in an adjacent travel lane or on the opposite side of 4 22 the roadway, and prohibits the driver from returning to the 4 23 right side of the roadway until safely clear of the overtaken 4 24 bicycle in accordance with Code section 321.281. Code section 4 25 321.281 prohibits a person operating a vehicle from steering 4 26 the vehicle unreasonably close to or toward a person riding 4 27 a bicycle on a highway. This provision of the bill does not 4 28 apply if the bicycle is traveling on a paved shoulder or in a 4 29 lane designated for the travel of bicycles. 4 30 A violation of Code section 321.281 is punishable by a 4 31 scheduled fine of $250 and a violation of Code section 321.299 4 32 is punishable by a scheduled fine of $100. However, if a 4 33 violation of Code section 321.299 causes a serious injury, a 4 34 court could impose an additional fine of $500 and suspend the 4 35 person's driver's license for not more than 90 days. If the 5 1 violation causes a death, a court could impose an additional 5 2 fine of $1,000 and suspend the person's driver's license for 5 3 not more than 180 days. 5 4 Under Code section 321.234, a person riding a bicycle on the 5 5 highway is subject to the provisions of Code chapter 321 (motor 5 6 vehicles and law of the road) and has all the rights and duties 5 7 applicable to the driver of a vehicle. The bill specifies 5 8 that under Code section 321.304 a vehicle is prohibited from 5 9 overtaking and passing a bicycle when approaching the crest of 5 10 a grade or upon a curve in the highway where the driver's view 5 11 along the highway is obstructed for a distance of approximately 5 12 700 feet; when approaching within 100 feet of any narrow 5 13 bridge, viaduct, or tunnel; or when approaching within 100 feet 5 14 of or traversing any intersection or railroad grade crossing. 5 15 However, the bill provides that a vehicle may pass a bicycle 5 16 where official signs are in place directing that traffic keep 5 17 to the right or a distinctive center line or off=center line 5 18 is marked, provided the vehicle complies with the current 5 19 requirements for overtaking on the left. 5 20 A violation of Code section 321.304 is punishable by a 5 21 scheduled fine of $100. However, if the violation causes a 5 22 serious injury, a court could impose an additional fine of $500 5 23 and suspend the person's driver's license for not more than 90 5 24 days. If the violation causes a death, a court could impose 5 25 an additional fine of $1,000 and suspend the person's driver's 5 26 license for not more than 180 days. 5 27 Current law requires a bicycle to have a front lighted 5 28 lamp and either a rear lighted lamp or a rear reflector at 5 29 any time from sunset to sunrise, and at such other times 5 30 when conditions such as fog, snow, sleet, or rain provide 5 31 insufficient lighting to render clearly discernible persons and 5 32 vehicles on the highway at a distance of 500 feet ahead. The 5 33 bill instead requires that, from sunset to sunrise, a bicycle 5 34 must be equipped with a lamp on the front exhibiting a steady 5 35 or flashing white light visible from a distance of at least 300 6 1 feet to the front, and every bicycle or bicycle rider must be 6 2 equipped with a lamp exhibiting a steady or flashing red light 6 3 visible from a distance of 300 feet to the rear. 6 4 The scheduled fine for a violation of this provision is $25. 6 5 However, the bill provides that a citation issued for failure 6 6 to have a front or rear lamp on a bicycle or on a bicycle rider 6 7 must first provide for a 72=hour period within which the person 6 8 charged with the violation can replace or repair the lamp. If 6 9 the person complies with the directive to replace or repair the 6 10 bicycle lamp, the citation must be expunged. 6 11 The bill requires a person riding a bicycle on a highway 6 12 with a speed limit of 45 miles per hour or more, other than 6 13 for the purpose of crossing the highway at a crosswalk, to 6 14 wear clothing and equipment which together contain at least 6 15 144 square inches of high=visibility or reflective material 6 16 visible to the rear of the bicycle. The scheduled fine for a 6 17 violation of this provision is $25. The bill provides that 6 18 the provision does not apply to a person riding a bicycle as 6 19 part of an organized bicycle riding event involving 500 or more 6 20 bicycle riders at which one or more certified peace officers 6 21 are providing traffic control and direction. LSB 2446HZ (2) 87 ns/rh
