House File 2568 - Introduced HOUSE FILE 2568 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HF 586) (SUCCESSOR TO HF 214) A BILL FOR An Act relating to nonvehicular traffic, including pedestrian 1 conveyances and bicyclists right-of-way at certain 2 crosswalks, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1783HZ (2) 90 th/ns
H.F. 2568 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. 17 Sec. 3. Section 321.1, subsection 90, paragraph a, Code 18 2024, is amended to read as follows: 19 a. Any device moved by human power, including a low-speed 20 electric bicycle and a pedestrian conveyance . 21 Sec. 4. Section 321.235A, subsection 2, paragraphs a and b, 22 Code 2024, are amended to read as follows: 23 a. Yield the right-of-way to other pedestrians and 24 human-powered devices . 25 b. Give an audible signal before overtaking and passing a 26 pedestrian or human-powered device . 27 Sec. 5. Section 321.327, subsection 1, Code 2024, is amended 28 to read as follows: 29 1. Where traffic-control signals are not in place 30 or in operation , the driver of a vehicle shall yield the 31 right-of-way, slowing down or stopping if need be to so yield, 32 to a pedestrian or a person riding a bicycle crossing the 33 roadway within any marked crosswalk or within any unmarked 34 crosswalk at an intersection, except as otherwise provided in 35 -1- LSB 1783HZ (2) 90 th/ns 1/ 3
H.F. 2568 this chapter . 1 Sec. 6. Section 321.366, subsection 1, paragraph g, Code 2 2024, is amended to read as follows: 3 g. Operate Ride a bicycle , skateboard, or other use a 4 pedestrian conveyance , or be a pedestrian , anywhere on a fully 5 controlled-access facility. For purposes of this paragraph, 6 pedestrian conveyance means any human-powered device by which 7 a pedestrian may move other than by walking or by which a 8 walking person may move another pedestrian, including but not 9 limited to strollers and wheelchairs. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanations substance by the members of the general assembly. 13 This bill relates to laws applicable to nonvehicular 14 traffic. 15 Under current law, for purposes of Code chapter 321 (motor 16 vehicles and law of the road), pedestrian means any person 17 afoot. The bill amends the definition to include a person 18 using a pedestrian conveyance, as defined in the bill. In 19 addition to devices moved by human-power, electric personal 20 assistive mobility devices (Code section 321.1(20B)) and 21 electric-powered devices that produce less than 750 watts are 22 specifically included as a pedestrian conveyance. However, 23 bicycles are not considered a pedestrian conveyance. 24 The bill strikes a conflicting definition of pedestrian 25 conveyance in Code section 321.366. 26 In Code chapter 321, the term pedestrian is used for 27 purposes relating to required driver education awareness 28 instruction, official traffic-control signals directing 29 pedestrian traffic, and requirements for persons operating a 30 motor vehicle to yield or give signals to pedestrians. 31 Code sections 321.325 through 321.340 provide pedestrians 32 rights and duties, which are applicable to persons using 33 pedestrian conveyances under the bill. Pursuant to current 34 law, generally, a person who commits a prohibited action 35 -2- LSB 1783HZ (2) 90 th/ns 2/ 3
H.F. 2568 against a pedestrian is guilty of a simple misdemeanor 1 punishable by a $35 scheduled fine (Code section 805.8A(9)). 2 Under current law, a person riding a bicycle (bicyclist) on 3 a highway is subject to the provisions of Code chapter 321 and 4 has all the rights and duties applicable to a driver, except 5 those provisions which by their nature have no application 6 and those provisions for which specific exceptions have been 7 set forth regarding police bicycles (Code section 321.234). 8 In addition, current law penalizes certain actions against 9 bicyclists, such as steering a vehicle unreasonably close to 10 the bicyclist or projecting an object at the bicyclist (Code 11 section 321.281). 12 The bill requires a driver to yield the right-of-way to a 13 bicyclist crossing the roadway within any marked crosswalk, 14 or within any unmarked crosswalk at an intersection, in 15 the same manner required when yielding to pedestrians where 16 traffic-control signals are not in place or in operation. 17 A driver who fails to yield the right-of-way to a bicyclist 18 when required commits a simple misdemeanor punishable by a 19 $135 scheduled fine. By operation of law, if the violation 20 causes a serious injury, a court could impose an additional 21 fine of $500 or suspend the persons drivers license for not 22 more than 90 days, or both. If the violation causes a death, a 23 court could impose an additional fine of $1,000 or suspend the 24 persons drivers license for not more than 180 days, or both 25 (Code section 321.482A). The penalties for certain violations 26 against pedestrians, including persons using a pedestrian 27 conveyance, are also enhanced under Code section 321.482A if 28 the violation causes serious injury or death. 29 -3- LSB 1783HZ (2) 90 th/ns 3/ 3