Bill Summary – FastDemocracy

House File 494 - Introduced
                                  HOUSE FILE 494
                                  BY COMMITTEE ON TRANSPORTATION
                                  (SUCCESSOR TO HF 157)
                            A BILL FOR
An Act relating to the operation of motor vehicles in the
  left-most lane of certain roadways, and making penalties
  applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 321.233, Code 2021, is amended to read
 as follows:
    321.233 Road workers exempted.
    This chapter, except sections 321.277 and 321.280, does
 not apply to persons and motor vehicles and other equipment
 while actually engaged in work upon the surface of a highway
 officially closed to traffic but does apply to such persons
 and vehicles when traveling to or from such work. The minimum
 speed restriction of section 321.285, subsection 5, and the
 provisions of sections 321.297, and 321.298, section 321.299,
 subsection 3, and section 321.323 do not apply to road workers
 operating maintenance equipment on behalf of any state or local
 authority while engaged in road maintenance, road blading, snow
 and ice control and removal, and granular resurfacing work on a
 highway, whether or not the highway is closed to traffic.
    Sec. 2. Section 321.299, Code 2021, is amended by adding the
 following new subsection:
    NEW SUBSECTION. 3. a. Notwithstanding the exception
 in subsection 2, a person operating a motor vehicle in the
 left-most lane of a roadway who knows or reasonably should
 know that another vehicle will be overtaking the person’s
 vehicle from the rear shall not continue to operate the
 vehicle in the left-most lane and shall make a lane change
 into the lane to the immediate right of the left-most lane.
 This subsection applies to persons operating motor vehicles
 on roadways having two or more lanes designated for traffic
 traveling in one direction and two or more lanes designated for
 traffic traveling in the opposite direction. For purposes of
 this subsection, “left-most lane” means the lane of a roadway
 designated for traffic traveling in any one direction that is
 farthest to the left, and does not include any lane designated
 for traffic traveling in the opposite direction.
    b. This subsection does not apply under any of the following
 circumstances:
    (1) When the person is overtaking or passing another vehicle
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 operating in the lane to the immediate right of the left-most
 lane.
    (2) When traffic conditions, inclement weather,
 obstructions, or hazards make it necessary to operate the
 vehicle in the left-most lane.
    (3) When a law, regulation, ordinance, official
 traffic-control device, or direction from a peace officer
 requires the person to operate the vehicle in the left-most
 lane.
    (4) When the person is exiting the roadway or turning to the
 left in compliance with this chapter.
    (5) When the person is operating an authorized emergency
 vehicle in the course of the person’s duties.
                           EXPLANATION
         The inclusion of this explanation does not constitute agreement with
          the explanation’s substance by the members of the general assembly.
    Under current law, Code section 321.297 requires a vehicle
 proceeding at less than the normal speed of traffic at the time
 and place and under the conditions then existing to be driven
 in the right-hand lane then available for traffic upon all
 roadways, or as close as practicable to the right-hand curb or
 edge of the roadway, except when overtaking and passing another
 vehicle proceeding in the same direction or when preparing
 for a left turn. Code section 321.299 requires the driver of
 a vehicle being overtaken by another vehicle proceeding in
 the same direction to give way to the right in favor of the
 overtaking vehicle and prohibits the driver from increasing
 the speed of the overtaken vehicle until completely passed by
 the overtaking vehicle. This provision does not apply when
 overtaking and passing on the right is permitted. Code section
 321.302 authorizes overtaking and passing on the right on
 roadways of sufficient width for two or more lines of traffic
 moving in the same direction when the overtaken vehicle is
 making or about to make a left turn. Code section 321.302 also
 authorizes overtaking and passing on the right on roadways of
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                                H.F. 494
 sufficient width for four or more lines of moving traffic.
    This bill prohibits a person operating a motor vehicle in the
 left-most lane of a roadway who knows or reasonably should know
 that another vehicle will be overtaking the person’s vehicle
 from the rear from continuing to operate the vehicle in the
 left-most lane and requires the person to make a lane change
 into the lane to the immediate right of the left-most lane.
 The exception to Code section 321.299(2), allowing the driver
 of an overtaken vehicle to fail to give way to the right in
 favor of the overtaking vehicle when overtaking and passing on
 the right is permitted, is not applicable to the provisions of
 the bill. The bill applies to persons operating motor vehicles
 on roadways having two or more lanes designated for traffic
 traveling in one direction and two or more lanes designated
 for traffic traveling in the opposite direction. For purposes
 of the bill, “left-most lane” means the lane of a roadway
 designated for traffic traveling in any one direction that is
 farthest to the left, and does not include any lane designated
 for traffic traveling in the opposite direction.
    The bill exempts persons from the requirements of the bill
 under certain circumstances, including when the person is
 overtaking or passing another vehicle operating in the lane
 to the immediate right of the left-most lane; when traffic
 conditions, inclement weather, obstructions, or hazards make
 it necessary to operate the vehicle in the left-most lane;
 when a law, regulation, ordinance, official traffic-control
 device, or direction from a peace officer requires the person
 to operate the vehicle in the left-most lane; when the person
 is exiting the roadway or turning to the left; when the person
 is operating an authorized emergency vehicle in the course
 of the person’s duties; and when road workers are operating
 maintenance equipment on behalf of any state or local authority
 while engaged in road maintenance, road blading, snow and
 ice control and removal, and granular resurfacing work on a
 highway.
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    By operation of law, a violation of the bill is punishable
 by a scheduled fine of $135. The violation is also subject
 to additional penalties under Code section 321.482A if the
 violation causes serious injury or death. For a violation
 causing serious injury, the additional penalties include a fine
 of $500 or suspension of the violator’s driver’s license and
 operating privileges for not more than 90 days, or both. For
 a violation causing death, the additional penalties include a
 fine of $1,000 or suspension of the violator’s driver’s license
 or operating privileges for not more than 180 days, or both.
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Statutes affected: 
Introduced: 321.233, 321.277