Bills › 88th General Assembly

SF 389Died when the session ended · January 21, 2020

Relating to the operation of motor vehicles in the left-most lane of certain roadways, and making penalties applicable

Topics:Transportation

Same legislation: HF 74, HF 481

Where it is now

  1. Done: IntroducedJanuary 23, 2019
  2. Done: SubcommitteeFebruary 27, 2019
  3. Done: Senate committeeMarch 5, 2019
  4. Stopped: Passes the SenateDied when the General Assembly ended
  5. Next: House committee
  6. Next: Passes the House
  7. Next: To the Governor
  8. Next: Signed into law

Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

297 requires a vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing to be driven in the right-hand lane then available for traffic upon all roadways, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn.299 requires the driver of a vehicle being overtaken by another vehicle proceeding in the same direction to give way to the right in favor of the overtaking vehicle and prohibits the driver from increasing the speed of the overtaken vehicle until completely passed by the overtaking vehicle.

Read the full explanation

This provision does not apply when overtaking and passing on the right is permitted.302 authorizes overtaking and passing on the right on roadways of sufficient width for two or more lines of traffic moving in the same direction when the overtaken vehicle is making or about to make a left turn.302 also authorizes overtaking and passing on the right on roadways of sufficient width for four or more lines of moving traffic. This bill prohibits a person operating a motor vehicle in the left-most lane of a roadway who knows or reasonably should know that another vehicle is overtaking the person’s vehicle from the rear from continuing to operate the vehicle in the left-most lane and requires the person to make a lane change into the lane to the immediate right of the left-most lane.299(2), allowing the driver of an overtaken vehicle to fail to give way to the right in favor of the overtaking vehicle when overtaking and passing on the right is permitted, is not applicable to the provisions of the bill. The bill applies to persons operating motor vehicles on roadways having two or more lanes designated for traffic traveling in one direction and two or more lanes designated for traffic traveling in the opposite direction. For purposes of the bill, “left-most lane” means the lane of a roadway designated for traffic traveling in any one direction that is farthest to the left, and does not include any lane designated for traffic traveling in the opposite direction. The bill exempts persons from the requirements of the bill under certain circumstances, including when the person is overtaking or passing another vehicle operating in the lane to the immediate right of the left-most lane; when traffic conditions, inclement weather, obstructions, or hazards make it necessary to operate the vehicle in the left-most lane; when a law, regulation, ordinance, official traffic-control device, or direction from a peace officer requires the person to operate the vehicle in the left-most lane; when the person is exiting the roadway or turning to the left; when the person is operating an authorized emergency vehicle in the course of the person’s duties; and when road workers are operating maintenance equipment on behalf of any state or local authority while engaged in road maintenance, road blading, snow and ice control and removal, and granular resurfacing work on a highway. By operation of law, a violation of the bill is punishable by a scheduled fine of $100.482A if the violation causes serious injury or death. For a violation causing serious injury, the additional penalties include a fine of $500 or suspension of the violator’s driver’s license and operating privileges for not more than days, or both. For a violation causing death, the additional penalties include a fine of $1,000 or suspension of the violator’s driver’s license or operating privileges for not more than 180 days, or both.

Full bill text1

Senate subcommittee

Named January 14, 2020. On January 16, 2020 it recommended passage.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Fiscal note

Cost: up to $62,400 Compare with other bills

AI summary Senate File 389 requires drivers to move to the right if they know another vehicle is about to overtake them in the leftmost lane. The exact increase in convictions cannot be estimated, but the bill could bring in more money for the state's General Fund, the Victim Compensation Fund, and local cities or counties. For fiscal year 2019, an increase of 100 convictions is estimated to bring in a total of $7,300, while 500 additional convictions are estimated to bring in $62,400.2

Read the fiscal note

Description

Senate File 389 requires a person operating a vehicle in the left-most lane of the roadway to make a lane change to the immediate right if the person knows or should know that a car will overtake the person’s vehicle. Exemptions apply to road construction workers or emergency personnel in the course of duties, when traffic conditions prevent a lane change, when there is a legally established obstruction such as a traffic-control device, and when exiting on the left of the roadway.

Background

In FY 2018, there were 25 violations for passing on the wrong side under Iowa Code section 321.299(1) and 37 violations for failing to yield to a passing vehicle under Iowa Code section 321.299(2). The scheduled fine for both of these violations is $100. A criminal penalty surcharge is applied to the scheduled fine.

Ninety-five percent of the surcharge goes to the State. Of the State’s share, 83.0% goes to the General Fund and 17.0% to the Victim Compensation Fund. The remaining 5.0% of the surcharge goes to the city or county where the infraction occurred.

Assumptions

  • Citations will increase under SF 389 due to the creation of a new violation. This Fiscal Note provides examples for 162, 312, and 562 convictions under Iowa Code section 321.299.
  • The estimated collection rate for fines for violations is 63.8%.

Fiscal Impact

The quantity of increased convictions for violations of Iowa Code section 321.299 due to this Bill cannot be estimated. However, Table 1 provides three examples of possible increases in fine revenue. The table includes estimated increases in fine revenue for an additional 100, 250, and 500 convictions. The estimates range from increases of approximately $12,500, based on an increase of 100 convictions, to $62,400, based on an increase of 500 convictions.

Sources

  • Department of Human Rights, Division of Criminal and Juvenile Justice Planning
  • LSA analysis and calculations

The estimate held steady

  1. $62,400 March 13, 2019
  2. $62,400 January 27, 2020
3

Reading a fiscal note4

Iowa Code it changes

Amends§321.233§321.299

How the Code works5

Lobbying

5 for · 0 against · 11 undecided · Who →

Family tree

Earlier and later bills are matched by wording or an identical title.

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Matched by wording or an identical title.