Bill Text: IA HSB70 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act requiring the removal of motor vehicles involved in certain accidents from the roadway, and providing a penalty.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-05-03 - NOBA: House Sub [HSB70 Detail]
Download: Iowa-2017-HSB70-Introduced.html
House
Study
Bill
70
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
TRANSPORTATION
BILL)
A
BILL
FOR
An
Act
requiring
the
removal
of
motor
vehicles
involved
in
1
certain
accidents
from
the
roadway,
and
providing
a
penalty.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
321.262,
Code
2017,
is
amended
to
read
1
as
follows:
2
321.262
Leaving
scene
of
traffic
accident
prohibited
——
3
vehicle
damage
only
——
removal
of
vehicles
.
4
1.
a.
The
driver
of
any
vehicle
involved
in
an
accident
5
resulting
only
in
damage
to
a
vehicle
which
is
driven
or
6
attended
by
any
person
shall
immediately
stop
such
remove
the
7
driver’s
vehicle
at
the
scene
of
such
accident
or
as
close
8
thereto
as
possible
but
shall
forthwith
return
to
and
in
every
9
event
from
the
traveled
portion
of
the
roadway
if
the
vehicle
10
is
operable
and
the
removal
can
be
achieved
in
a
safe
manner.
11
The
driver
shall
remove
the
vehicle
to
the
shoulder,
emergency
12
lane,
or
median
nearest
to
the
scene
of
the
accident
such
that
13
the
vehicle
is
completely
off
the
traveled
portion
of
the
14
roadway,
and
shall
then
stop
the
vehicle.
The
driver
shall
15
remove
the
vehicle
without
obstructing
traffic
more
than
is
16
necessary.
17
b.
Another
person
at
the
scene
of
the
accident
may
remove
18
a
vehicle
involved
in
the
accident
in
accordance
with
this
19
subsection
to
reduce
the
risk
of
a
subsequent
accident
or
to
20
ensure
the
safety
of
persons
at
the
scene
of
the
accident.
21
2.
The
driver
shall
remain
at
the
scene
of
such
the
accident
22
until
the
driver
has
fulfilled
the
requirements
of
section
23
321.263
.
Every
such
stop
shall
be
made
without
obstructing
24
traffic
more
than
is
necessary.
Any
person
failing
to
stop
or
25
comply
with
said
remain
at
the
scene
of
the
accident
or
fulfill
26
the
requirements
of
section
321.263
under
such
circumstances
27
shall
be
guilty
of
a
misdemeanor
and
punished
as
provided
in
28
section
321.482
.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
Current
law
requires
the
driver
of
a
vehicle
involved
in
an
33
accident
resulting
only
in
damage
to
a
vehicle
to
immediately
34
stop
the
vehicle
at
the
scene
of
the
accident
and
to
remain
35
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_____
at
the
scene
of
the
accident
until
the
driver
has
fulfilled
1
the
requirements
of
Code
section
321.263,
which
relates
to
the
2
exchange
of
personal
information.
A
driver
who
fails
to
comply
3
with
these
requirements
is
guilty
of
a
simple
misdemeanor
4
punishable
by
up
to
30
days
in
prison
and
a
fine
of
at
least
$65
5
but
not
to
exceed
$625.
6
This
bill
requires
the
driver
to
first
remove
the
driver’s
7
vehicle
from
the
traveled
portion
of
the
roadway
if
the
8
vehicle
is
operable
and
the
removal
can
be
achieved
in
a
safe
9
manner.
The
bill
requires
the
driver
to
remove
the
vehicle
to
10
the
shoulder,
emergency
lane,
or
median
nearest
to
the
scene
11
of
the
accident
such
that
the
vehicle
is
completely
off
the
12
traveled
portion
of
the
roadway.
In
addition,
the
bill
allows
13
another
person
at
the
scene
of
the
accident
to
remove
a
vehicle
14
involved
in
the
accident
from
the
roadway
to
reduce
the
risk
of
15
a
subsequent
accident
or
to
ensure
the
safety
of
persons
at
the
16
scene
of
the
accident.
17
Under
the
bill,
a
driver
who
fails
to
remain
at
the
scene
18
of
the
accident
or
fulfill
the
requirements
of
Code
section
19
321.263
is
guilty
of
a
simple
misdemeanor.
However,
a
driver
20
who
fails
to
remove
the
driver’s
vehicle
from
the
traveled
21
portion
of
the
roadway,
but
remains
at
the
scene
of
the
22
accident
and
fulfills
the
requirements
of
Code
section
321.263,
23
is
not
guilty
of
a
simple
misdemeanor.
24
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