Bill Text: IA SF2257 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to requirements for motorists approaching certain stationary vehicles on the highway, and providing penalties. (Formerly SF 2091.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2012-03-07 - Subcommittee, Massie, Pearson, and Wolfe. H.J. 476. [SF2257 Detail]
Download: Iowa-2011-SF2257-Introduced.html
Senate
File
2257
-
Introduced
SENATE
FILE
2257
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
SF
2091)
A
BILL
FOR
An
Act
relating
to
requirements
for
motorists
approaching
1
certain
stationary
vehicles
on
the
highway,
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2257
Section
1.
Section
321.323A,
Code
2011,
is
amended
to
read
1
as
follows:
2
321.323A
Approaching
certain
stationary
vehicles.
3
1.
The
operator
of
a
motor
vehicle
approaching
a
stationary
4
authorized
emergency
vehicle
that
is
displaying
flashing
5
yellow,
amber,
white,
red,
or
red
and
blue
lights
shall
6
approach
the
authorized
emergency
vehicle
with
due
caution
and
7
shall
proceed
in
one
of
the
following
manners,
absent
any
other
8
direction
by
a
peace
officer:
9
a.
Make
a
lane
change
into
a
lane
not
adjacent
to
the
10
authorized
emergency
vehicle
if
possible
in
the
existing
safety
11
and
traffic
conditions.
12
b.
If
a
lane
change
under
paragraph
“a”
would
be
impossible,
13
prohibited
by
law,
or
unsafe,
reduce
the
speed
of
the
motor
14
vehicle
to
a
speed
that
is
at
least
ten
miles
per
hour
below
the
15
posted
speed
limit
and
is
reasonable
and
proper
speed
for
the
16
existing
road
and
traffic
conditions,
which
speed
shall
be
less
17
than
the
posted
speed
limit,
and
be
prepared
to
stop.
18
2.
The
operator
of
a
motor
vehicle
approaching
a
stationary
19
towing
or
recovery
vehicle,
a
stationary
utility
maintenance
20
vehicle,
a
stationary
municipal
maintenance
vehicle,
or
a
21
stationary
highway
maintenance
vehicle,
that
is
displaying
22
flashing
yellow,
amber,
or
red
lights,
shall
approach
the
23
vehicle
with
due
caution
and
shall
proceed
in
one
of
the
24
following
manners,
absent
any
other
direction
by
a
peace
25
officer:
26
a.
Make
a
lane
change
into
a
lane
not
adjacent
to
the
27
towing,
recovery,
utility
maintenance,
municipal
maintenance,
28
or
highway
maintenance
vehicle
if
possible
in
the
existing
29
safety
and
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
speed
that
is
at
least
ten
miles
per
hour
below
the
33
posted
speed
limit
and
is
reasonable
and
proper
speed
for
the
34
existing
road
and
traffic
conditions
,
which
speed
shall
be
less
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than
the
posted
speed
limit
,
and
be
prepared
to
stop.
1
3.
a.
A
person
convicted
of
a
violation
of
this
section
2
commits
a
simple
misdemeanor
punishable
as
a
scheduled
3
violation
under
section
805.8A,
subsection
11.
4
b.
A
person
convicted
of
a
violation
of
this
section
which
5
resulted
in
an
accident
causing
bodily
injury
to
or
the
death
6
of
another
person
may
be
subject
to
the
following
penalties
in
7
addition
to
the
penalty
provided
for
a
scheduled
violation
in
8
section
805.8A,
subsection
11,
or
any
other
penalty
provided
9
by
law:
10
(1)
For
a
violation
causing
bodily
injury
to
another
person,
11
a
fine
of
five
hundred
dollars.
12
(2)
For
a
violation
causing
death,
a
fine
of
one
thousand
13
dollars.
14
c.
Upon
receiving
a
record
of
a
person’s
conviction
for
a
15
violation
under
paragraph
“a”
which
resulted
in
an
accident
16
causing
damage
to
the
property
of
another
person
or
bodily
17
injury
to
or
death
of
another
person,
the
department
shall
18
suspend
the
person’s
driver’s
license
or
operating
privileges,
19
upon
thirty
days’
notice
and
without
preliminary
hearing,
as
20
follows:
21
(1)
For
a
violation
causing
damage
to
the
property
of
22
another
person,
but
not
resulting
in
bodily
injury
to
another
23
person,
the
department
shall
suspend
the
violator’s
driver’s
24
license
or
operating
privileges
for
ninety
days.
25
(2)
For
a
violation
causing
bodily
injury
to
another
person,
26
the
department
shall
suspend
the
violator’s
driver’s
license
or
27
operating
privileges
for
one
hundred
eighty
days.
28
(3)
For
a
violation
causing
death,
the
department
shall
29
suspend
the
violator’s
driver’s
license
or
operating
privileges
30
for
one
year.
31
Sec.
2.
Section
321.482A,
unnumbered
paragraph
1,
Code
32
2011,
is
amended
to
read
as
follows:
33
Notwithstanding
section
321.482
,
a
person
who
is
convicted
34
of
operating
a
motor
vehicle
in
violation
of
section
321.178,
35
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2257
subsection
2
,
paragraph
“a”
,
subparagraph
(2),
section
1
321.180B,
subsection
6
,
section
321.194,
subsection
1
,
2
paragraph
“c”
,
section
321.256
,
section
321.257
,
section
3
321.275,
subsection
4
,
section
321.276,
321.297
,
321.298
,
4
321.299
,
321.302
,
321.303
,
321.304
,
321.305
,
321.306
,
321.307
,
5
321.308
,
section
321.309,
subsection
2
,
or
section
321.311
,
6
321.319
,
321.320
,
321.321
,
321.322
,
321.323
,
321.323A
,
321.324
,
7
321.324A
,
321.327
,
321.329
,
or
321.333
causing
serious
injury
8
to
or
the
death
of
another
person
may
be
subject
to
the
9
following
penalties
in
addition
to
the
penalty
provided
for
10
a
scheduled
violation
in
section
805.8A
or
any
other
penalty
11
provided
by
law:
12
Sec.
3.
PUBLIC
AWARENESS
AND
COMPLIANCE
PROGRAMS.
The
13
department
of
transportation,
in
conjunction
with
the
14
department
of
public
safety,
shall
establish
programs
to
foster
15
public
awareness
of
and
compliance
with
the
requirements
of
16
section
321.323A.
17
EXPLANATION
18
Under
current
law,
when
the
driver
of
a
motor
vehicle
is
19
approaching
a
stationary
authorized
emergency
vehicle
that
is
20
displaying
flashing
yellow,
amber,
white,
red,
or
red
and
blue
21
lights,
or
a
stationary
towing
or
recovery
vehicle,
utility
22
maintenance
vehicle,
municipal
maintenance
vehicle,
or
highway
23
maintenance
vehicle
that
is
displaying
flashing
yellow,
amber,
24
or
red
lights,
the
driver
is
required
to
move
into
a
lane
not
25
adjacent
to
the
stationary
vehicle
if
possible
in
the
existing
26
safety
and
traffic
conditions.
If
changing
lanes
would
be
27
impossible,
unlawful,
or
unsafe,
the
driver
is
required
to
28
reduce
the
speed
of
the
motor
vehicle
to
a
reasonable
and
29
proper
speed
for
the
existing
road
and
traffic
conditions,
30
which
speed
shall
be
less
than
the
posted
speed
limit,
and
be
31
prepared
to
stop.
This
bill
amends
the
provision
relating
32
to
reduced
speed
by
specifying
that
if
making
a
lane
change
33
would
be
impossible,
prohibited
by
law,
or
unsafe,
the
driver
34
shall
reduce
the
speed
of
the
motor
vehicle
to
a
speed
that
is
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2257
at
least
10
miles
per
hour
below
the
posted
speed
limit
and
1
is
reasonable
and
proper
for
the
existing
road
and
traffic
2
conditions
and
the
driver
shall
be
prepared
to
stop.
3
Under
current
law,
a
violation
of
the
requirements
to
move
4
over
or
slow
down
when
approaching
certain
stationary
vehicles
5
is
a
simple
misdemeanor
punishable
by
a
scheduled
fine
of
$100.
6
However,
if
the
violation
causes
a
serious
personal
injury,
7
a
court
could
impose
an
additional
fine
of
$500
or
suspend
8
the
person’s
driver’s
license
for
not
more
than
90
days,
or
9
both.
If
the
violation
causes
a
death,
a
court
could
impose
10
an
additional
fine
of
$1,000
or
suspend
the
person’s
driver’s
11
license
for
not
more
than
180
days,
or
both.
12
Under
the
bill,
a
violation
is
still
a
simple
misdemeanor
13
punishable
by
a
scheduled
fine
of
$100,
but
the
bill
14
establishes
an
additional
penalty
for
violations
causing
damage
15
to
property,
revises
the
existing
penalties
for
violations
16
resulting
in
bodily
injury
or
death,
and
makes
the
driver’s
17
license
sanctions
mandatory.
The
bill
provides
that
if
the
18
violation
results
in
an
accident
causing
damage
to
the
property
19
of
another
person
but
not
causing
bodily
injury
to
another
20
person,
the
department
of
transportation
shall
suspend
the
21
person’s
driver’s
license
or
operating
privileges
for
90
22
days.
If
the
violation
results
in
an
accident
causing
bodily
23
injury
to
another
person,
the
department
shall
suspend
the
24
person’s
driver’s
license
or
operating
privileges
for
180
25
days,
and
the
court
may
impose
a
fine
of
$500
in
addition
to
26
any
other
penalty
provided
by
law.
This
differs
from
current
27
law,
which
allows
a
$500
fine
for
violations
causing
bodily
28
injury
which
meets
the
standard
for
serious
bodily
injury.
The
29
bill
provides
that
if
the
violation
results
in
an
accident
30
causing
death,
the
department
shall
suspend
the
person’s
31
driver’s
license
or
operating
privileges
for
one
year
and,
as
32
is
currently
the
case,
the
court
may
impose
a
fine
of
$1,000
in
33
addition
to
any
other
penalty
provided
by
law.
34
The
bill
requires
the
department
of
transportation
and
the
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