Bill Text: IA HF2386 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to pedestrians, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-08 - Introduced, referred to Transportation. H.J. 224. [HF2386 Detail]
Download: Iowa-2023-HF2386-Introduced.html
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
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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
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3
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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
explanation’s
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
person’s
28
driver’s
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
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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).
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