House File 2386 - Introduced HOUSE FILE 2386 BY GERHOLD A BILL FOR An Act relating to pedestrians, and making penalties 1 applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5992YH (3) 90 th/ns
H.F. 2386 Section 1. Section 321.1, subsection 51, Code 2024, is 1 amended to read as follows: 2 51. Pedestrian means any a person afoot or a person using 3 a pedestrian conveyance . 4 Sec. 2. Section 321.1, Code 2024, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 51A. Pedestrian conveyance means any 7 human-powered device by which a pedestrian may move other 8 than by walking or by which a pedestrian may move another 9 person, including but not limited to a wheelchair, stroller, 10 skateboard, scooter, or other similar device. Pedestrian 11 conveyance also includes an electric personal assistive 12 mobility device and any other device used to move a person 13 sitting or standing on the device regardless of whether the 14 device is powered by an electric motor, so long as the electric 15 motor produces less than seven hundred fifty watts. Pedestrian 16 conveyance does not include a bicycle, except when ridden 17 within a crosswalk. 18 Sec. 3. Section 321.1, subsection 90, paragraph a, Code 19 2024, is amended to read as follows: 20 a. Any device moved by human power, including a low-speed 21 electric bicycle and a pedestrian conveyance . 22 Sec. 4. Section 321.235A, subsection 2, paragraphs a and b, 23 Code 2024, are amended to read as follows: 24 a. Yield the right-of-way to other pedestrians and 25 human-powered devices . 26 b. Give an audible signal before overtaking and passing a 27 pedestrian or human-powered device . 28 Sec. 5. Section 321.366, subsection 1, paragraph g, Code 29 2024, is amended to read as follows: 30 g. Operate Ride a bicycle , skateboard, or other use a 31 pedestrian conveyance , or be a pedestrian , anywhere on a fully 32 controlled-access facility. For purposes of this paragraph, 33 pedestrian conveyance means any human-powered device by which 34 a pedestrian may move other than by walking or by which a 35 -1- LSB 5992YH (3) 90 th/ns 1/ 3
H.F. 2386 walking person may move another pedestrian, including but not 1 limited to strollers and wheelchairs. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanations substance by the members of the general assembly. 5 Under current law, for purposes of Code chapter 321 (motor 6 vehicles and law of the road), pedestrian means any person 7 afoot. This bill amends the definition to include a person 8 using a pedestrian conveyance, as defined in the bill. In 9 addition to devices moved by human-power, electric personal 10 assistive mobility devices (Code section 321.1(20B)) and 11 electric-powered devices that produce less than 750 watts are 12 specifically included as a pedestrian conveyance. 13 The bill strikes a conflicting definition of pedestrian 14 conveyance in Code section 321.366. 15 In Code chapter 321, the term pedestrian is used for 16 purposes relating to required driver education awareness 17 instruction, official traffic-control signals directing 18 pedestrian traffic, and requirements for persons operating a 19 motor vehicle to yield or give signals to pedestrians. 20 Code sections 321.325 through 321.340 provide pedestrians 21 rights and duties, which are applicable to persons using 22 pedestrian conveyances under the bill. Pursuant to current 23 law, generally, a person who commits a prohibited action 24 against a pedestrian is guilty of a simple misdemeanor 25 punishable by a $35 scheduled fine (Code section 805.8A(9)). 26 If applicable, Code section 321.482A enhances the fine and 27 requires the department of transportation to suspend a persons 28 drivers license in accordance with the Code section if the 29 person is convicted of a specified violation, including certain 30 actions against pedestrians and persons using pedestrian 31 conveyances, that results in serious injury or death. 32 Under the bill, a bicyclist is only considered a pedestrian 33 when riding a bicycle within a crosswalk, as bicyclists are 34 otherwise subject to the provisions of Code chapter 321 and 35 -2- LSB 5992YH (3) 90 th/ns 2/ 3
H.F. 2386 have all the rights and duties applicable to the driver of 1 a vehicle, except those provisions which by their nature can 2 have no application or those provisions for which specific 3 exceptions have been set forth regarding police bicycles (Code 4 section 321.234). 5 -3- LSB 5992YH (3) 90 th/ns 3/ 3