Bill Text: IA SF333 | 2021-2022 | 89th General Assembly | Enrolled

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Bill Title: A bill for an act relating to authorized emergency vehicles, making penalties applicable, and including effective date and applicability provisions. (Formerly SF 72.) Effective date: 05/24/2022. Applicability date: 05/24/2022.

Spectrum: Committee Bill

Status: (Passed) 2022-05-24 - Signed by Governor. S.J. 938. [SF333 Detail]

Download: Iowa-2021-SF333-Enrolled.html

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Senate File 333 - Enrolled
Senate File 333
AN ACT
RELATING TO AUTHORIZED EMERGENCY VEHICLES, MAKING PENALTIES
APPLICABLE, AND INCLUDING EFFECTIVE DATE AND APPLICABILITY
PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 321.231, subsection 1, Code 2022, is
amended to read as follows:
1. The driver of an authorized emergency vehicle, when
responding to an emergency call or when in the pursuit of an
actual or suspected perpetrator of a felony or misdemeanor, or
in response to an incident dangerous to the public , or when
responding to but not upon returning from a fire alarm, may
exercise the privileges set forth in this section .
Sec. 2. Section 321.231, subsection 2, Code 2022, is amended
by adding the following new paragraphs:
NEW PARAGRAPH . c. Drive the vehicle on the shoulder or
median of a highway.
NEW PARAGRAPH . d. Disregard laws or regulations governing
turning the vehicle in specified directions.
NEW PARAGRAPH . e. Disregard laws or regulations governing
overtaking or passing other motorists.
Sec. 3. Section 321.231, subsections 3 and 4, Code 2022, are
amended to read as follows:
3. The driver of a an official fire department vehicle,
police vehicle, rescue vehicle, or ambulance, emergency medical
services vehicle, or emergency management vehicle, or a peace

Senate File 333, p. 2
officer riding a police bicycle in the line of duty, may do any
of the following:
a. Proceed past a red or stop signal or stop sign, but only
after slowing down as may be to or maintaining a speed deemed
necessary for safe operation by the driver based on information
known to the driver at the time .
b. Exceed the maximum speed limits so long as the driver
does not recklessly endanger life or property.
4. a. The exemptions granted to the driver of an authorized
emergency vehicle under subsection 2 and to a the driver of
an official fire department vehicle, police vehicle, rescue
vehicle, or ambulance , emergency medical services vehicle,
or emergency management vehicle as provided in subsection 3
shall apply only when such vehicle is making use of an audible
signaling warning device meeting the requirements of section
321.433 or a visual signaling device , except that use of an
audible or visual signaling device shall not be required when
exercising the authorized under this chapter.
b. The exemption granted under subsection 3 , paragraph
“b” , when the vehicle is operated by a peace officer shall be
granted to a peace officer or reserve peace officer operating
an authorized emergency vehicle without using an audible
warning device or visual signaling device if such action occurs
over the shortest distance necessary, does not recklessly
endanger persons or property, and if the officer is pursuing
a suspected violator of the speed restrictions imposed by or
pursuant to this chapter for the purpose of determining the
speed of travel of such suspected violator , or if the officer
reasonably believes based on the facts and circumstances
at the time that a suspected violator’s knowledge of the
officer’s proximity may cause the suspected violator to destroy
evidence of a suspected felony or aggravated misdemeanor, evade
apprehension, or endanger the public or the officer .
c. The exemption granted under subsection 3, paragraph
“b” , shall be granted to the driver of an authorized emergency
vehicle transporting a patient to a hospital without using
a visual signaling device or audible warning device if a
certified emergency medical care provider reasonably believes
the patient’s condition warrants rapid transport.

Senate File 333, p. 3
Sec. 4. Section 321.231, Code 2022, is amended by adding the
following new subsection:
NEW SUBSECTION . 3A. A peace officer operating an authorized
emergency vehicle may execute a pursuit intervention technique
if such execution is reasonable under the circumstances based
on the information perceived by the officer at the time, and
the officer has completed a training course approved by the
Iowa law enforcement academy that instructs participants in
the proper execution of pursuit intervention techniques. For
purposes of this subsection, “pursuit intervention technique”
means a method by which a peace officer operating a motor
vehicle in pursuit of a fleeing motor vehicle causes or
attempts to cause the fleeing motor vehicle to stop, including
by use of reasonable force. This subsection shall not be
construed to limit a peace officer’s objectively reasonable use
of force in connection with a pursuit.
Sec. 5. NEW SECTION . 321.231A Authorized emergency vehicles
—— parades and events.
1. The driver of an authorized emergency vehicle may operate
the vehicle as part of an official governmental event for the
purposes of the safety and security of an elected official,
candidate for public office, or the public, or as part of a
parade or other public service event if the parade or event is
approved by the state or a municipality, as defined in section
670.1, at least one day prior to the date on which the parade or
event will occur.
2. Notwithstanding any provision of law to the contrary, an
authorized emergency vehicle operating in a parade or event may
display any of the vehicle’s lighting devices. This subsection
shall not be construed to exempt the driver of the authorized
emergency vehicle from any duty to operate the vehicle with due
regard for the safety of all persons.
Sec. 6. NEW SECTION . 321.231B Authorized emergency vehicles
—— immunity from liability.
1. The following shall not be liable for the consequence of
any injury or loss arising from the operation of an authorized
emergency vehicle in response to an emergency call or to an
incident dangerous to the public unless the driver operates the
authorized emergency vehicle with reckless disregard for the

Senate File 333, p. 4
safety of persons or property:
a. A fire fighter operating the authorized emergency
vehicle who is certified by the fire service training bureau,
as described in section 100B.6, as a fire apparatus driver
operator, or an operator who has completed an emergency vehicle
operations course and any applicable continuing education
requirements established or approved by the fire service
training bureau.
b. An emergency medical care provider, as defined in
section 147A.1, operating the authorized emergency vehicle who
has completed an emergency vehicle operations course and any
applicable continuing education requirements established or
approved by the department of public health.
c. A peace officer, as defined in section 801.4, or a
reserve peace officer, as defined in section 80D.1A, operating
the authorized emergency vehicle who has completed an emergency
vehicle operations course and any applicable continuing
education requirements established or approved by the Iowa law
enforcement academy.
d. An emergency management agency employee operating the
authorized emergency vehicle who has completed an emergency
vehicle operations course and any applicable continuing
education requirements established or approved by the local or
joint emergency management commission, and where the local or
joint emergency management commission has adopted a written
policy related to emergency vehicle operations. For purposes
of this paragraph, “emergency management agency employee” means
a member of the personnel, including but not limited to the
coordinator, an operations officer, or an emergency management
assistant, of a local or joint emergency management commission.
e. Any entity, including a nonprofit corporation, on whose
behalf the fire fighter, emergency medical care provider, peace
officer, reserve peace officer, or emergency management agency
employee is operating the authorized emergency vehicle.
2. The protections from liability set forth in subsection
1 apply only when, in response to an emergency call or to an
incident dangerous to the public, the driver operating the
authorized emergency vehicle is utilizing a siren meeting the
requirements of section 321.433 or flashing blue and red lights

Senate File 333, p. 5
authorized under this chapter. The protections from liability
provided by subsection 1 apply in addition to any other defense
to liability provided by law. This section shall not be
construed to lower the standard of recklessness to recover
against any entity or authorized emergency vehicle driver.
3. a. The driver of an authorized emergency vehicle,
and any entity on whose behalf the driver is operating the
authorized emergency vehicle, shall not be liable for any
injury or loss arising from the operation of the authorized
emergency vehicle unless reckless disregard for the safety
of persons or property is proven by a preponderance of the
evidence.
b. If a person brings a tort claim against the driver of
an authorized emergency vehicle, a municipality, as defined in
section 670.1, this state, or any other entity on whose behalf
the driver is operating the authorized emergency vehicle, for
any injury or loss arising from the operation of the authorized
emergency vehicle, the court shall determine, on motion by any
party or on its own motion, whether the person has presented
sufficient, admissible evidence to support a prima facie
finding of recklessness before the matter proceeds to trial.
Sec. 7. Section 321.324A, Code 2022, is amended by adding
the following new subsection:
NEW SUBSECTION . 3A. a. The driver of an authorized
emergency vehicle may operate the vehicle as part of a funeral
procession, and a peace officer may provide traffic control
relating to a funeral procession upon request or when necessary
for the safety of all persons.
b. Notwithstanding any provision of law to the contrary, an
authorized emergency vehicle operating in a funeral procession
or for traffic control relating to a funeral procession may
display any of the vehicle’s lighting devices. This subsection
shall not be construed to exempt the driver of the authorized
emergency vehicle from any duty to operate the vehicle with due
regard for the safety of all persons.
Sec. 8. Section 321.433, Code 2022, is amended to read as
follows:
321.433 Sirens, whistles, air horns, and bells prohibited.
1. A vehicle shall not be equipped with and a person shall

Senate File 333, p. 6
not use upon a vehicle any siren, whistle, or bell, except as
otherwise permitted in this section or any other provision of
law .
2. It is permissible but not required that any commercial
vehicle be equipped with a theft alarm signal device which is
so arranged that it cannot be used by the driver as an ordinary
warning signal.
3. Any authorized emergency vehicle may be equipped with
a siren, whistle, air horn, or bell capable of emitting sound
audible under normal conditions from a distance of not less
than five hundred feet , but the .
4. An authorized emergency medical services program, fire
department, or law enforcement agency may equip one or more
vehicles with an air horn or a low-frequency siren.
5. An official fire department vehicle, emergency medical
services program vehicle, or law enforcement vehicle owned by
the state, a municipality, as defined in section 670.1, or a
corporation providing emergency medical services, that was
purchased, delivered, or refurbished on or after July 1, 2022,
excluding an all-terrain vehicle or a special service vehicle,
shall be equipped with an electric or electronic siren capable
of emitting at least two distinct siren tones, and one or more
compatible siren speakers.
6. An authorized emergency vehicle’s siren, whistle,
air horn, or bell shall not be used except when the vehicle
is operated in response to an emergency call, an incident
dangerous to the public, an official training exercise, in a
parade or designated public service event, for maintenance
or demonstration purposes, or in the immediate pursuit of an
actual or suspected violator of the law, and the driver of the
vehicle shall sound the siren, whistle, air horn, or bell when
the driver reasonably believes necessary to warn pedestrians
and other drivers of the approach of the vehicle.
2. 7. A towing or recovery vehicle, unless owned by the
state or a municipality, as defined in section 670.1, shall not
be equipped with a siren.
8. For purposes of this section:
a. “Electric siren” means an audible warning device that
produces sound using an electric motor with an attached

Senate File 333, p. 7
rotating slotted or perforated disc.
b. “Electronic siren” means an audible warning device
that produces sound electronically using amplifiers and
electromagnetic speakers.
c. “Low-frequency siren” means a siren that produces
low-frequency sound waves and is used in addition to an
electric or electronic siren.
Sec. 9. Section 321.451, subsection 1, Code 2022, is amended
by adding the following new paragraphs:
NEW PARAGRAPH . g. A vehicle owned by a certified chief or
certified fire officer of a volunteer fire department, a fire
department comprised of a combination of volunteer and paid
members, or a nonprofit corporation that delivers emergency
services on behalf of a municipality, as defined in section
670.1, pursuant to a written contract, if the application for a
certificate of designation is requested by the certified chief
or certified fire officer of the fire department. However, the
department shall not approve an application received pursuant
to this paragraph unless the owner of the vehicle has completed
an emergency vehicle operations course approved by the fire
service training bureau, as described in section 100B.6,
provided proof of certification as a fire officer, and provided
proof of financial liability coverage or risk pool coverage.
NEW PARAGRAPH . h. A vehicle owned by a chief, medical
director, or certified medical provider of an authorized
emergency medical service, if the application for a certificate
of designation is requested by the chief, medical officer, or
medical director of the authorized emergency medical service.
However, the department shall not approve an application
received pursuant to this paragraph unless the owner of the
vehicle has completed an emergency vehicle operations course
approved by the department of public health, and provided proof
of financial liability coverage or risk pool coverage.
Sec. 10. Section 321.451, Code 2022, is amended by adding
the following new subsections:
NEW SUBSECTION . 4. A public or private entity shall not
require an employee or volunteer to apply for or maintain
a certificate of designation pursuant to this section as a
condition of employment or of permitting the person to continue

Senate File 333, p. 8
to volunteer. A person shall not be required to operate or
use a vehicle designated as an authorized emergency vehicle
pursuant to this section.
NEW SUBSECTION . 5. This section shall not be construed
to exempt the state or a municipality, as defined in section
670.1, from any duty to purchase, equip, maintain, or otherwise
provide authorized emergency vehicles to meet any requirement
to provide public services, including law enforcement, fire
protection, rescue, emergency medical services, or emergency
management.
Sec. 11. EFFECTIVE DATE. This Act, being deemed of
immediate importance, takes effect upon enactment.
Sec. 12. APPLICABILITY. The following applies to causes of
action accrued on or after the effective date of this Act:
The section of this Act enacting section 321.231B.
______________________________ ______________________________
JAKE CHAPMAN PAT GRASSLEY
President of the Senate Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 333, Eighty-ninth General Assembly.
______________________________
W. CHARLES SMITHSON
Secretary of the Senate
Approved _______________, 2022 ______________________________
KIM REYNOLDS
Governor