Bill Text: IA SF2075 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the issuance of citations for violations of requirements for motorists approaching a stationary towing or recovery vehicle.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - Subcommittee, McCoy, Dearden, and Hahn. S.J. 166. [SF2075 Detail]
Download: Iowa-2011-SF2075-Introduced.html
Senate
File
2075
-
Introduced
SENATE
FILE
2075
BY
SODDERS
A
BILL
FOR
An
Act
relating
to
the
issuance
of
citations
for
violations
of
1
requirements
for
motorists
approaching
a
stationary
towing
2
or
recovery
vehicle.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.323A,
subsection
2,
Code
2011,
is
1
amended
to
read
as
follows:
2
2.
The
operator
of
a
motor
vehicle
approaching
a
stationary
3
towing
or
recovery
vehicle,
a
stationary
utility
maintenance
4
vehicle,
a
stationary
municipal
maintenance
vehicle,
or
a
5
stationary
highway
maintenance
vehicle,
that
is
displaying
6
flashing
yellow,
amber,
or
red
lights,
shall
approach
the
7
vehicle
with
due
caution
and
shall
proceed
in
one
of
the
8
following
manners,
absent
any
other
direction
by
a
peace
9
officer:
10
a.
Make
a
lane
change
into
a
lane
not
adjacent
to
the
11
towing,
recovery,
utility
maintenance,
municipal
maintenance,
12
or
highway
maintenance
vehicle
if
possible
in
the
existing
13
safety
and
traffic
conditions.
14
b.
If
a
lane
change
under
paragraph
“a”
would
be
impossible,
15
prohibited
by
law,
or
unsafe,
reduce
the
speed
of
the
motor
16
vehicle
to
a
reasonable
and
proper
speed
for
the
existing
road
17
and
traffic
conditions,
which
speed
shall
be
less
than
the
18
posted
speed
limit,
and
be
prepared
to
stop.
19
Sec.
2.
Section
321.323A,
Code
2011,
is
amended
by
adding
20
the
following
new
subsection:
21
NEW
SUBSECTION
.
3.
The
operator
of
a
motor
vehicle
22
approaching
a
stationary
towing
or
recovery
vehicle
that
23
is
displaying
flashing
yellow,
amber,
or
red
lights,
shall
24
approach
the
vehicle
with
due
caution
and
shall
proceed
in
one
25
of
the
following
manners,
absent
any
other
direction
by
a
peace
26
officer:
27
a.
Make
a
lane
change
into
a
lane
not
adjacent
to
the
towing
28
or
recovery
vehicle
if
possible
in
the
existing
safety
and
29
traffic
conditions.
30
b.
If
a
lane
change
under
paragraph
“a”
would
be
impossible,
31
prohibited
by
law,
or
unsafe,
reduce
the
speed
of
the
motor
32
vehicle
to
a
reasonable
and
proper
speed
for
the
existing
road
33
and
traffic
conditions,
which
speed
shall
be
less
than
the
34
posted
speed
limit,
and
be
prepared
to
stop.
35
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Sec.
3.
NEW
SECTION
.
321.323B
Prompt
investigation
of
1
reported
violation
when
approaching
a
stationary
towing
or
2
recovery
vehicle
——
citation
issued
to
driver
or
owner.
3
1.
The
driver
of
a
towing
or
recovery
vehicle
who
observes
4
a
violation
of
section
321.323A,
subsection
3
,
may
prepare
a
5
written
report
on
a
form
provided
by
the
department
of
public
6
safety
indicating
that
a
violation
has
occurred.
The
driver
7
of
the
towing
or
recovery
vehicle
or
the
driver’s
employer
may
8
deliver
the
report
not
more
than
seventy-two
hours
after
the
9
violation
occurred
to
a
peace
officer
of
the
state
or
a
peace
10
officer
of
the
county
or
municipality
in
which
the
violation
11
occurred.
The
report
shall
state
the
time
and
the
location
at
12
which
the
violation
occurred
and
shall
include
the
registration
13
plate
number
and
a
description
of
the
vehicle
involved
in
the
14
violation.
15
2.
Not
more
than
seven
calendar
days
after
receiving
a
16
report
of
a
violation
of
section
321.323A,
subsection
3
,
from
17
a
driver
of
a
towing
or
recovery
vehicle
or
the
driver’s
18
employer,
the
peace
officer
shall
initiate
an
investigation
19
of
the
reported
violation
and
contact
the
owner
of
the
motor
20
vehicle
involved
in
the
reported
violation
and
request
that
the
21
owner
supply
information
identifying
the
driver
in
accordance
22
with
section
321.484
.
23
a.
If,
from
the
investigation,
the
peace
officer
is
able
24
to
identify
the
driver
and
has
reasonable
cause
to
believe
a
25
violation
of
section
321.323A,
subsection
3
,
has
occurred,
the
26
peace
officer
shall
prepare
a
uniform
traffic
citation
for
the
27
violation
and
shall
serve
it
personally
or
by
certified
mail
28
to
the
driver
of
the
vehicle.
29
b.
If,
from
the
investigation,
the
peace
officer
has
30
reasonable
cause
to
believe
that
a
violation
of
section
31
321.323A,
subsection
3
,
occurred
but
is
unable
to
identify
32
the
driver,
the
peace
officer
shall
serve
a
uniform
traffic
33
citation
for
the
violation
to
the
owner
of
the
motor
vehicle.
34
Notwithstanding
section
321.484
,
in
a
proceeding
where
the
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peace
officer
who
conducted
the
investigation
was
not
able
1
to
identify
the
driver
of
the
motor
vehicle,
proof
that
the
2
motor
vehicle
described
in
the
uniform
traffic
citation
was
3
used
to
commit
the
violation
of
section
321.323A,
subsection
3
,
4
together
with
proof
that
the
defendant
named
in
the
citation
5
was
the
owner
of
the
motor
vehicle
at
the
time
the
violation
6
occurred,
constitutes
a
permissible
inference
that
the
owner
7
was
the
driver
who
committed
the
violation.
8
c.
For
purposes
of
this
subsection
,
“owner”
means
a
person
9
who
holds
the
legal
title
to
a
motor
vehicle;
however,
if
the
10
motor
vehicle
is
the
subject
of
a
security
agreement
with
a
11
right
of
possession
in
the
debtor,
the
debtor
shall
be
deemed
12
the
owner
for
purposes
of
this
subsection
,
or
if
the
motor
13
vehicle
is
leased
as
defined
in
section
321.493
,
the
lessee
14
shall
be
deemed
the
owner
for
purposes
of
this
subsection
.
15
EXPLANATION
16
Under
current
law,
the
driver
of
a
motor
vehicle,
when
17
approaching
a
stationary
towing
or
recovery
vehicle
displaying
18
flashing
yellow,
amber,
or
red
lights,
is
required
to
move
into
19
another
lane
not
adjacent
to
the
towing
or
recovery
vehicle.
20
If
a
lane
change
is
not
possible
or
is
unlawful
or
unsafe,
the
21
driver
is
required
to
slow
the
motor
vehicle
to
a
reasonable
22
and
proper
speed
for
the
existing
road
and
traffic
conditions,
23
below
the
posted
speed
limit,
and
be
prepared
to
stop.
24
This
bill
provides
that
the
driver
of
a
towing
or
recovery
25
vehicle
who
observes
a
motor
vehicle
failing
to
move
over
or
26
slow
down
when
approaching
the
towing
or
recovery
vehicle
27
may
make
a
written
report
to
a
peace
officer
of
the
state
or
28
of
the
county
or
municipality
where
the
violation
occurred,
29
stating
the
time
and
location
of
the
violation,
and
including
30
the
registration
plate
number
and
a
description
of
the
vehicle
31
involved
in
the
incident.
The
report
may
be
delivered
by
the
32
driver
or
the
driver’s
employer
within
72
hours
of
the
alleged
33
violation.
The
peace
officer
shall
initiate
an
investigation
34
within
seven
days
and
contact
the
owner
of
the
motor
vehicle
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involved
in
the
reported
violation,
requesting
that
the
owner
1
identify
the
driver
involved
in
the
violation.
If
the
peace
2
officer
has
reasonable
cause
to
believe
that
a
violation
3
occurred
and
learns
the
identity
of
the
driver
involved
in
4
the
violation,
the
peace
officer
may
issue
a
citation
to
the
5
driver,
either
in
person
or
by
certified
mail.
6
The
bill
provides
that
if
the
identity
of
the
driver
involved
7
in
the
violation
cannot
be
determined,
the
peace
officer
8
investigating
the
report
may
issue
a
citation
to
the
owner
9
of
the
vehicle.
In
a
proceeding
where
the
peace
officer
was
10
not
able
to
identify
the
driver
of
the
vehicle,
proof
that
11
the
vehicle
described
in
the
citation
was
used
to
commit
12
the
violation,
together
with
proof
that
the
person
named
in
13
the
citation
was
the
registered
owner
of
the
vehicle
at
the
14
time
the
violation
occurred,
creates
a
permissible
inference
15
that
the
registered
owner
was
the
driver
who
committed
the
16
violation.
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