Senate Study Bill 3090 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON KLIMESH) A BILL FOR An Act relating to nonpedestrian travel on roadways based 1 on lane designations, including the manner of overtaking 2 other vehicles, providing penalties, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5562XC (3) 90 th/ns
S.F. _____ Section 1. Section 321.208, subsection 7, paragraph h, Code 1 2024, is amended to read as follows: 2 h. Improper lane changes in violation of section 321.306 3 321.300 or 321.301 . 4 Sec. 2. Section 321.233, Code 2024, is amended to read as 5 follows: 6 321.233 Road workers exempted. 7 This chapter , except sections 321.277 and 321.280 , does 8 not apply to persons and motor vehicles and other equipment 9 while actually engaged in work upon the surface of a highway 10 officially closed to traffic but does apply to such persons 11 and vehicles when traveling to or from such work. The minimum 12 speed restriction of section 321.285, subsection 5 , and the 13 provisions of sections 321.297, 321.298 321.300, 321.301 , and 14 321.323 do not apply to road workers operating maintenance 15 equipment on behalf of any state or local authority while 16 engaged in road maintenance, road blading, snow and ice control 17 and removal, and granular resurfacing work on a highway, 18 whether or not the highway is closed to traffic. 19 Sec. 3. NEW SECTION . 321.300 Driving on roadways not laned 20 for traffic or laned for traffic in opposing directions. 21 1. While driving a vehicle on a roadway not laned for 22 traffic or laned for traffic moving in opposing directions 23 with no median or barrier dividing the lanes of traffic, the 24 driver shall drive the vehicle to the right of the center of 25 the roadway upon a roadway of sufficient width, entirely within 26 a single lane or as close as practicable to the right-hand edge 27 of the roadway, except as follows: 28 a. While overtaking another vehicle proceeding in the same 29 direction, in accordance with section 321.302. 30 b. While it is necessary to drive to the left of the center 31 of the roadway to avoid an obstruction, so long as the driver 32 yields the right-of-way to all vehicles traveling in the proper 33 direction in the unobstructed portion of the roadway. 34 c. While authorized by official traffic-control devices 35 -1- LSB 5562XC (3) 90 th/ns 1/ 7
S.F. _____ designating a particular lane of the roadway for use by traffic 1 not otherwise permitted to use the lane, including a center 2 turn lane designated for making left-hand turns in the center 3 of the roadway. 4 d. While preparing for or making a left turn at an 5 intersection, alley, private road, or driveway, so long as the 6 driver yields the right-of-way to all vehicles traveling in the 7 proper direction of the roadway. 8 2. If a segment of the roadway laned for traffic in opposing 9 directions provides an additional lane to the right designated 10 by an official traffic-control device for slow-moving vehicles, 11 a driver immediately in front of another vehicle shall use such 12 a lane, and a driver traveling in such a lane shall yield the 13 right-of-way to vehicles moving in the same direction in the 14 lane not so designated when such lanes merge to form a single 15 lane. 16 3. The driver of a vehicle, or a person on horseback, if 17 applicable, meeting another such person on any roadway shall 18 yield one-half of the roadway by turning to the right. 19 4. A violation of this section is a simple misdemeanor 20 punishable as a scheduled violation under section 805.8A, 21 subsection 6, paragraph e . 22 Sec. 4. NEW SECTION . 321.301 Driving on roadways laned for 23 traffic moving in same direction. 24 1. While driving a vehicle on a roadway laned for traffic 25 moving in the same direction, including a roadway with a center 26 median or barrier separating lanes of traffic traveling in 27 opposing directions, the driver shall do all of the following: 28 a. Keep the vehicle, as nearly as practicable, entirely 29 within a single lane, regardless of the number of lanes on 30 the roadway. The driver shall not move from such lane until 31 the driver has first ascertained that such movement can be 32 made without causing other roadway users to change speed or 33 direction. 34 b. If the roadway is laned for two lanes of traffic, 35 -2- LSB 5562XC (3) 90 th/ns 2/ 7
S.F. _____ drive in the right-hand lane unless overtaking a vehicle in 1 accordance with section 321.302, preparing to exit or while 2 merging onto the roadway, avoiding an obstruction in the 3 right-hand lane, or complying with an official traffic-control 4 device. 5 c. If the roadway is laned for three or more lanes of 6 traffic, drive in a lane that is bordered by another lane 7 on both sides unless overtaking a vehicle in accordance with 8 section 321.302, preparing to exit or while merging onto the 9 roadway, avoiding an obstruction in the lane, or complying with 10 an official traffic-control device. 11 2. A violation of this section is a simple misdemeanor 12 punishable as a scheduled violation under section 805.8A, 13 subsection 6, paragraph f . 14 3. Notwithstanding subsection 2, a peace officer shall 15 issue a warning memorandum in lieu of a citation to a person 16 for violating subsection 1, paragraph b or c . This 17 subsection is repealed July 1, 2025. 18 Sec. 5. Section 321.302, Code 2024, is amended by striking 19 the section and inserting in lieu thereof the following: 20 321.302 Drivers overtaking and drivers being overtaken. 21 1. a. The driver of a vehicle shall not overtake another 22 vehicle traveling in the same direction unless the roadway 23 provides unobstructed pavement of sufficient width for two 24 or more lanes of traffic moving in the same direction as the 25 vehicle being overtaken and the lane used for overtaking is 26 clearly visible and free of oncoming traffic for a sufficient 27 distance ahead so the overtaking can be completed without 28 interfering with the safe operation of the overtaken vehicle or 29 a vehicle approaching from an opposing direction. The driver 30 of the overtaking vehicle shall not return to the lane occupied 31 prior to overtaking the other vehicle until the driver is 32 safely clear of the overtaken vehicle. 33 (1) If the roadway has a legal speed limit in excess of 34 thirty miles per hour, the overtaking vehicle shall return 35 -3- LSB 5562XC (3) 90 th/ns 3/ 7
S.F. _____ to the right-hand side of the roadway before coming within 1 three hundred feet of a vehicle approaching from an opposing 2 direction. 3 (2) If the roadway has a legal speed limit of thirty miles 4 per hour or less, the overtaking vehicle shall return to the 5 right-hand side of the roadway before coming within one hundred 6 feet of a vehicle approaching from an opposing direction. 7 b. The driver of a vehicle overtaking another vehicle 8 shall pass to the left of the vehicle being overtaken, unless 9 otherwise provided in paragraph c , at a safe distance and 10 shall not again drive to the right side of the roadway until 11 safely clear of the overtaken vehicle. 12 c. The overtaking driver shall not drive upon the right of 13 another vehicle unless the other vehicle is making, or about to 14 make, a left turn and the overtaking can be done safely. 15 2. The driver of a vehicle shall not drive off the pavement 16 or upon the shoulder of the roadway or upon the apron or 17 roadway of an intersecting roadway to overtake a vehicle on 18 either the left or right. 19 3. The driver of a vehicle shall not drive to the left side 20 of the center of a roadway not laned for traffic, or laned for 21 traffic in opposing directions, under any of the following 22 conditions: 23 a. While approaching the crest of a grade or a curve in the 24 roadway that obstructs or reduces the drivers view along the 25 roadway to less than approximately seven hundred feet. 26 b. While approaching within one hundred feet of any narrow 27 bridge, viaduct, or tunnel, if such notice is signposted, or 28 while approaching within one hundred feet of or traversing any 29 intersection or railroad grade crossing. 30 c. On a roadway marked by an official traffic-control 31 device, including a solid yellow painted line, directing 32 traffic to keep to the right or prohibiting traffic from 33 passing. 34 4. Except when overtaking and passing on the right is 35 -4- LSB 5562XC (3) 90 th/ns 4/ 7
S.F. _____ permitted, the driver of a vehicle being overtaken shall 1 give way to the right in favor of the overtaking vehicle and 2 shall not increase the speed of the overtaken vehicle until 3 completely passed by the overtaking vehicle. 4 5. A person convicted of a violation of this section is 5 guilty of a simple misdemeanor punishable as a scheduled 6 violation under section 805.8A, subsection 6, paragraph g . 7 Sec. 6. Section 321.482A, unnumbered paragraph 1, Code 8 2024, is amended to read as follows: 9 Notwithstanding section 321.482 , a person who is convicted 10 of operating a motor vehicle in violation of section 321.178, 11 subsection 2 , paragraph a , subparagraph (2), section 12 321.180B, subsection 6 , section 321.194, subsection 2 , 13 paragraph b , subparagraph (2), section 321.256 , 321.257 , 14 section 321.275, subsection 4 , section 321.276 , 321.297 , 15 321.298 , 321.299 321.300, 321.301 , 321.302 , 321.303 , 321.304 , 16 321.305 , 321.306 , 321.307 , 321.311 , 321.319 , 321.320 , 321.321 , 17 321.322 , 321.323 , 321.324 , 321.324A , 321.327 , 321.329 , 321.333 , 18 section 321.372, subsection 3 , or section 321.449B , causing 19 serious injury to or the death of another person may be subject 20 to the following penalties in addition to the penalty provided 21 for a scheduled violation in section 805.8A or any other 22 penalty provided by law: 23 Sec. 7. Section 805.8A, subsection 6, paragraphs e and f, 24 Code 2024, are amended to read as follows: 25 e. Section 321.297 321.300 . . . . . . . . . . . . $135. 26 f. Section 321.299 321.301 . . . . . . . . . . . . $135. 27 Sec. 8. Section 805.8A, subsection 6, paragraphs h, i, and 28 k, Code 2024, are amended by striking the paragraphs. 29 Sec. 9. Section 805.8A, subsection 8, paragraph e, Code 30 2024, is amended by striking the paragraph. 31 Sec. 10. REPEAL. Sections 321.297, 321.298, 321.299, 32 321.303, 321.304, and 321.306, Code 2024, are repealed. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -5- LSB 5562XC (3) 90 th/ns 5/ 7
S.F. _____ the explanations substance by the members of the general assembly. 1 This bill repeals and replaces provisions regulating driving 2 on the right side of roadways and overtaking and passing on 3 roadways. 4 The current driving requirements and prohibitions found in 5 Code sections 321.297, 321.298, 321.299, 321.302, 321.303, 6 321.304, and 321.306 remain in effect with certain changes. 7 The bill distinguishes roadways in two ways: (1) roadways 8 not laned for traffic or laned for traffic in opposing 9 directions and (2) roadways laned for traffic moving in the 10 same direction. 11 The bill requires a person to drive in the right-hand lane 12 on a roadway with multiple lanes for traffic moving in the 13 same direction or to the right of the center line of any other 14 roadway, as applicable. Limited exceptions include while 15 overtaking another vehicle and avoiding obstructions when such 16 actions can be completed safely, while authorized by official 17 traffic-control devices, and while preparing to make a left 18 turn, so long as the driver yields to all vehicles traveling 19 in the proper direction. However, if the roadway has three or 20 more lanes for traffic moving in the same direction, a driver 21 is required to drive in the center lanes, such that the far 22 left lane can be used for overtaking and the far right lane can 23 be used to enter or exit the roadway, as applicable. 24 The bill also provides for these traffic regulations and 25 prohibitions, as applicable, on one-way roads, roads with 26 temporary passing lanes, and roads with center turn lanes. 27 Overtaking another vehicle is only authorized when such 28 action can be completed safely and without causing another 29 vehicle to adjust speed or direction. The authorized manner 30 for and prohibitions against overtaking another vehicle remain 31 similar to current law. 32 A person who violates the bill is guilty of a simple 33 misdemeanor punishable by a scheduled fine of $135, which 34 matches the current penalty for such violations. However, a 35 -6- LSB 5562XC (3) 90 th/ns 6/ 7
S.F. _____ peace officer is required to issue a warning memorandum in lieu 1 of a citation until July 1, 2025, to a person who drives in 2 the left lane of a roadway with two lanes for traffic moving 3 in the same direction when an exception does not apply, and 4 to a person who drives in either the left or right lane on a 5 roadway with three or more lanes for traffic moving in the same 6 direction when an exception does not apply. 7 Similar to current law, if a violation of the bill causes a 8 serious injury, a court could impose an additional fine of $500 9 or suspend the persons drivers license for not more than 90 10 days, or both. If the violation causes a death, a court could 11 impose an additional fine of $1,000 or suspend the persons 12 drivers license for not more than 180 days, or both (Code 13 section 321.482A). 14 -7- LSB 5562XC (3) 90 th/ns 7/ 7