There is a newer version of the Iowa Code
2009 Iowa Code
Title 8 - Transportation
Subtitle 2 - Vehicles
CHAPTER 321 - MOTOR VEHICLES AND LAW OF THE ROAD
321.237 - SIGNS -- REQUIREMENT -- NOTICE.
321.237 SIGNS -- REQUIREMENT -- NOTICE.
A traffic ordinance or regulation enacted under subsection 4, 5,
6, 8, 12 or 13 of section 321.236 shall not be effective until signs,
giving notice of such local traffic regulations as specified in the
department manual on uniform traffic-control devices, are posted upon
or at the entrances to the highway or part thereof affected as may be
most appropriate and shall be erected at the expense of the local
authority.
When a city has adopted an ordinance as authorized in section
321.236, subsection 12, or an ordinance which prohibits standing or
parking of vehicles upon a street or streets during any time when
snow-removal operations are in progress and before such operations
have resulted in the removal or clearance of snow from such street or
streets, signs as specified in the above manual, posted as
hereinabove provided shall be deemed sufficient notice of the
existence of such restrictions. Section History: Early Form
[C39, § 5018.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, § 321.237] Section History: Recent Form
86 Acts, ch 1056, § 3
Referred to in § 331.362
StartOfSec321.238 Repealed by 84 Acts, ch 1305, § 73.
StartOfSec321.239 COUNTIES MAY RESTRICT PARKING OF VEHICLES.
1. The county board of supervisors may adopt, amend, or repeal
traffic ordinances to regulate or prohibit the standing or parking of
vehicles within the right-of-way of any highway under its
jurisdiction.
2. Any person violating a traffic ordinance adopted under this
section shall be guilty of a misdemeanor and shall, upon conviction,
be fined not to exceed twenty-five dollars, or be imprisoned not to
exceed seven days in the county jail. The form and style of the
information shall be in the name of the county and as against the
person in violation of the traffic ordinance. Section History: Early Form
[C73, 75, 77, 79, 81, § 321.239]
Referred to in § 321.236, 331.362, 602.8103, 602.8106, 805.8A(1a)
For fines applicable to offenses charged as scheduled violations,
see §805.8A, subsection 1, paragraph a
StartOfSec321.240 Repealed by 96 Acts, ch 1152, § 26.
StartOfSec321.241 THROUGH 321.246 Repealed by 71 Acts, ch
183, § 7.
StartOfSec321.247 GOLF CART OPERATION ON CITY STREETS.
Incorporated areas may, upon approval of their governing body,
allow the operation of golf carts on city streets by persons
possessing a valid driver's license. However, a golf cart shall not
be operated upon a city street which is a primary road extension
through the city but shall be allowed to cross a city street which is
a primary road extension through the city. The golf carts shall be
equipped with a slow moving vehicle sign and a bicycle safety flag
and operate on the streets only from sunrise to sunset. Golf carts
operated on city streets shall be equipped with adequate brakes and
shall meet any other safety requirements imposed by the governing
body. Golf carts are not subject to the registration provisions of
this chapter.
A person convicted of a violation of this section is guilty of a
simple misdemeanor punishable as a scheduled violation under section
805.8A, subsection 3, paragraph "f". Section Historyarly Form
[82 Acts, ch 1041, § 1] Section History: Recent Form
90 Acts, ch 1230, §66; 98 Acts, ch 1073, §9; 2000 Acts, ch 1203,
§10; 2001 Acts, ch 137, §5
Referred to in § 331.362, 805.8A(3f)
StartOfSec321.248 PARKS AND CEMETERIES.
Local authorities may by general rule, ordinance, or regulation
exclude vehicles from any cemetery or ground used for the burial of
the dead, or exclude vehicles used solely or principally for
commercial purposes, from any park or part of a park system where
such general rule, ordinance, or regulation is applicable equally and
generally to all other vehicles used for the same purpose, if, at the
entrance, or at each entrance if there be more than one, to such
cemetery or park from which vehicles are so excluded, there shall
have been posted a sign plainly legible from the middle of the public
highway on which such cemetery or park opens, plainly indicating such
exclusion and prohibition. Section History: Early Form
[S13, § 1571-m20; C24, 27, 31, 35, § 4994; C39, § 5018.13;
C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 321.248]
Referred to in § 331.362
StartOfSec321.249 SCHOOL ZONES.
Cities and counties shall have the power to establish school zones
and provide for the stopping of all motor vehicles approaching the
school zones, when movable stop signs have been placed in the streets
in the cities and highways in counties at the limits of the zones,
notwithstanding the provisions of any statute to the contrary. All
traffic-control devices provided for school zones shall conform to
specifications included in the manual of traffic- control devices
adopted by the department, except the provision prohibiting the use
of portable or part-time stop signs. Section History: Early Form
[C31, 35, § 4997-d1; C39, § 5018.14; C46, 50, 54, 58, 62, 66,
71, 73, 75, 77, 79, 81, § 321.249] Section History: Recent Form
97 Acts, ch 108, §14
Referred to in § 331.362
StartOfSec321.250 DISCRIMINATIONS.
When the local authorities of other states shall, by the adoption
of rules and regulations or otherwise, prohibit motor vehicles
registered under the laws of this state from operating upon highways
in any subdivision of such other state, the local authorities of this
state may, by ordinance or otherwise, require the motor vehicles of
the subdivisions of such other state while operating by their own
power in this state to be registered under the laws of this state.
Section History: Early Form
[C24, 27, 31, 35, § 4998; C39, § 5018.15; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 321.250]
Referred to in § 331.362
StartOfSec321.251 RIGHTS OF OWNERS OF REAL PROPERTY --
MANUFACTURED HOME COMMUNITIES OR MOBILE HOME PARKS.
1. This chapter shall not be construed to prevent the owner of
real property used by the public for purposes of vehicular travel by
permission of the owner and not as matter of right from prohibiting
such use, or from requiring other or different or additional
conditions than those specified in this chapter, or otherwise
regulating such use as may seem best to such owner.
2. a. The owner of real property upon which a manufactured
home community or mobile home park is located may elect to have the
vehicular traffic provisions of this chapter, or the ordinances,
rules, or regulations of the local authority where the real property
is located, apply to the real property and any persons located on the
real property by granting authority to any peace officer to enforce
the vehicular traffic provisions of this chapter, or the ordinances,
rules, or regulations of the local authority as well as any
regulations or conditions imposed on the real property pursuant to
subsection 1. An election made pursuant to this subsection shall not
create a higher priority for the enforcement of traffic laws on real
property upon which a manufactured or mobile home is located than
exists for the enforcement of traffic laws on public property.
b. A written notice of election shall be filed with the
designated officials of the local authority whose ordinances, rules,
or regulations will govern the vehicular traffic. The appropriate
officials shall be the city clerk and chief of police of the city in
which the real property is located and the county sheriff and the
county recorder of the county in which the real property is located.
The notice shall include the legal description of the real property,
the street address, if any, and the date and time when the owner
wishes the election to become effective. The notice shall be signed
by every titleholder of the real property and acknowledged by a
notary public.
c. An election shall terminate fourteen days following the
filing of a written notice of withdrawal with the designated
officials of the local authority whose ordinances, rules, or
regulations will govern.
d. For purposes of this subsection, "titleholder of real
property" means the person or entity whose name appears on the
documents of title filed in the official county records as the owner
of the real property upon which a manufactured home community or
mobile home park is located.
3. The titleholder of real property under subsection 2 may elect
to waive the right to have the vehicular traffic provisions of this
chapter, or the ordinances, rules, or regulations of the local
authority where the real property is located, apply to the real
property and any persons located on the real property, by recording a
waiver with the county recorder of each county in which the property
is located. The waiver shall include the legal description of the
real property and shall bind the titleholder of the real property and
any successors in interest. The waiver may only be rescinded if each
law enforcement jurisdiction, in which the titleholder of real
property wishes to obtain the benefit of this section, consents to
the rescission of the waiver through adoption of a resolution. Section History: Early Form
[C39, § 5018.16; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, § 321.251] Section History: Recent Form
91 Acts, ch 91, § 1; 92 Acts, ch 1068, § 1; 93 Acts, ch 109, §2;
2001 Acts, ch 153, §15, 16; 2001 Acts, ch 176, §80
StartOfSec321.252 DEPARTMENT TO ADOPT SIGN MANUAL.
The department shall adopt a manual and specifications for a
uniform system of traffic-control devices consistent with the
provisions of this chapter for use upon highways within this state.
Such uniform system shall correlate with and so far as possible
conform to the system then current as approved by the American
association of state highway and transportation officials.
The department shall include in its manual of traffic- control
devices, specifications for a uniform system of highway signs for the
purpose of guiding traffic to organized off-highway permanent camps,
and camp areas, operated by recognized and established civic,
religious, and nonprofit charitable organizations and to for- profit
campgrounds and ski areas. The department shall purchase, install,
and maintain the signs upon the prepayment of the costs by the
organization or owner.
The department shall also establish criteria for guiding traffic
on all fully controlled-access, divided, multilaned highways
including interstate highways to each tourist attraction which is
located within thirty miles of the highway and receives fifteen
thousand or more visitors annually. Nothing in this unnumbered
paragraph shall be construed to prohibit the department from erecting
signs to guide traffic on these highways to tourist attractions which
are located more than thirty miles from the highway or which receive
fewer than fifteen thousand visitors annually.
The department shall establish, by rule, in cooperation with a
tourist signing committee, the standards for tourist-oriented
directional signs and shall annually review the list of attractions
for which signing is in place. The rules shall conform to national
standards for tourist-oriented directional signs adopted under 23
U.S.C. § 131(q) and to the manual of uniform traffic-control devices.
The tourist signing committee shall be made up of the directors or
their designees of the departments of economic development,
agriculture and land stewardship, natural resources, cultural
affairs, and transportation, the chairperson or the chairperson's
designee of the Iowa travel council, and a member of the outdoor
advertising association of Iowa. The director or the director's
designee of the department of economic development shall be the
chairperson of the committee. The department of transportation shall
be responsible for calling and setting the date of the meetings of
the committee which meetings shall be based upon the amount of
activity relating to signs. However, the committee shall meet at
least once a month. However, a tourist attraction is not subject to
a minimum number of visitors annually to qualify for tourist-oriented
directional signing. The rules shall not be applicable to
directional signs relating to historic sites on land owned or managed
by state agencies, as provided in section 321.253A. The rules shall
include but are not limited to the following:
1. Criteria for eligibility for signing.
2. Criteria for limiting or excluding businesses, activities,
services, and sites that maintain signs that do not conform to the
requirements of chapter 306B, chapter 306C, division II, or other
statutes or administrative rules regulating outdoor advertising.
3. Provisions for a fee schedule to cover the direct and indirect
costs of sign manufacture, erection, and maintenance, and related
administrative costs.
4. Provisions specifying maximum distances to eligible
businesses, activities, services, and sites. Tourist-oriented
directional signs may be placed on highways within the maximum travel
distance that have the greatest traffic count per day, if sufficient
space is available. If an adjacent landowner complains to the
department about the placement of a tourist-oriented directional
sign, the department shall attempt to reach an agreement with the
landowner for relocating the sign. If possible, the sign shall be
relocated from the place of objection. If the sign must be located
on an objectionable place, it shall be located on the least
objectionable place possible.
5. Provisions for trailblazing to facilities that are not on the
crossroad. Appropriate trailblazing shall be installed over the most
desirable routes on lesser traveled primary highways, secondary
roads, and city streets leading to the tourist attraction.
6. Criteria for determining when to permit advance signing.
7. Provisions specifying conditions under which the time of
operation of a business, activity, service, or site is shown.
8. Provisions for masking or removing signs during off seasons
for businesses, activities, services, and sites operated on a
seasonal basis. Faded signs shall be replaced and the commercial
vendor charged for the cost of replacement based upon the fee
schedule adopted.
9. Provisions specifying the maximum number of signs permitted
per intersection.
10. Provisions for determining what businesses, activities,
services, or sites are signed when there are more applicants than the
maximum number of signs permitted.
11. Provisions for removing signs when businesses, activities,
services, or sites cease to meet minimum requirements for
participation and related costs.
Local authorities shall adhere to the specifications for such
signs as established by the department, and shall purchase, install,
and maintain such signs in their respective jurisdictions upon
prepayment by the organization of the cost of such purchase,
installation, and maintenance. The department shall include in its
manual of traffic-control devices specifications for a uniform system
of traffic-control devices in legally established school zones. Section History: Early Form
[C24, 27, § 4627; C31, 35, § 4627, 5079-d7; C39, § 5019.01;
C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 321.252] Section History: Recent Form
86 Acts, ch 1060, § 1, 2; 90 Acts, ch 1183, § 4
Referred to in § 321.342, 668.10
StartOfSec321.253 DEPARTMENT TO ERECT SIGNS.
1. The department shall place and maintain such traffic-control
devices, conforming to its manual and specifications, upon all
primary highways as it deems necessary to indicate and to carry out
the provisions of this chapter or to regulate, warn, or guide
traffic. Whenever practical, the devices or signs shall be purchased
from the director of the Iowa department of corrections.
2. The department shall post signs informing motorists of the
penalties for speeding in a road work zone and that the scheduled
fine for committing any other moving traffic violation in a road work
zone is doubled. Section History: Early Form
[C24, 27, § 4627; C31, 35, § 4627, 5079-d7; C39, § 5019.02;
C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 321.253] Section History: Recent Form
83 Acts, ch 96, § 157, 159, 160; 93 Acts, ch 114, § 2; 97 Acts, ch
104, §19; 2008 Acts, ch 1124, §8
Analogous provisions, § 321.345
StartOfSec321.253A DIRECTIONAL SIGNS RELATING TO HISTORIC SITES
ON LAND OWNED OR MANAGED BY STATE AGENCIES.
1. The department shall place and maintain directional signs upon
primary highways which provide information about historic sites which
are located on land owned or managed by an agency as defined in
section 17A.2. The signs shall conform to the manual of uniform
traffic devices. However, the directional signs are not subject to
requirements applicable to tourist-oriented directional signs.
2. Upon request by a city or county in which a historic site is
located on land owned or managed by an agency, the department shall
distribute a directional sign as provided in this section to the city
or county for erection upon roads or streets within their
jurisdictions.
3. The location of the historic site shall be memorialized on
transportation maps of the state published under the direction of the
department and generally made available to the public. However, if
it is not reasonable and feasible to display specific historic sites
on the state transportation map, the department shall consult with
the agency managing the historic site.
4. The department shall not erect, maintain, or distribute a
directional sign or include on a transportation map information about
a historic site located on land owned or managed by an agency if the
department receives an objection by the agency. Section History: Recent Form
90 Acts, ch 1183, §5
Referred to in § 321.252
StartOfSec321.253B METRIC SIGNS RESTRICTED.
The department shall not place a sign relating to a speed limit,
distance, or measurement on a highway if the sign establishes the
speed limit, distance, or measurement solely by using the metric
system, unless specifically required by federal law. Section History: Recent Form
95 Acts, ch 118, §23
StartOfSec321.254 LOCAL AUTHORITIES RESTRICTED.
No local authority shall place or maintain any traffic-control
device upon any highway under the jurisdiction of the department
except by the latter's permission. Section History: Early Form
[C39, § 5019.03; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, § 321.254]
Referred to in § 331.362
StartOfSec321.255 LOCAL TRAFFIC-CONTROL DEVICES.
Local authorities in their respective jurisdiction shall place and
maintain such traffic-control devices upon highways under their
jurisdiction as they may deem necessary to indicate and to carry out
the provisions of this chapter or local traffic ordinances or to
regulate, warn, or guide traffic. All such traffic-control devices
hereafter erected shall conform to the state manual and
specifications. Section History: Early Form
[C39, § 5019.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, § 321.255]
Referred to in § 331.362
StartOfSec321.256 OBEDIENCE TO OFFICIAL TRAFFIC-CONTROL
DEVICES.
No driver of a vehicle shall disobey the instructions of any
official traffic-control device placed in accordance with the
provisions of this chapter, unless at the time otherwise directed by
a peace officer subject to the exceptions granted the driver of an
authorized emergency vehicle. Section History: Early Form
[C39, § 5019.05; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, § 321.256]
Referred to in § 805.8A(8)
For applicable scheduled fine, see §805.8A, subsection 8
StartOfSec321.257 OFFICIAL TRAFFIC-CONTROL SIGNAL.
1. For the purposes of this section "stop at the official
traffic-control signal" means stopping at the first opportunity at
either the clearly marked stop line or before entering the crosswalk
or before entering the intersection.
2. Official traffic-control signals consisting of colored lights
or colored lighted arrows shall regulate vehicle and pedestrian
traffic in the following manner:
a. A "steady circular red" light means vehicular traffic
shall stop. Vehicular traffic shall remain standing until a signal
to proceed is shown or vehicular traffic, unless prohibited by a
sign, may cautiously enter the intersection to make a right turn from
the right lane of traffic or a left turn from a one-way street to a
one-way street from the left lane of traffic on a one-way street onto
the leftmost lane of traffic on a one-way street. Turns made under
this paragraph shall be made in a manner that does not interfere with
other vehicular or pedestrian traffic lawfully using the
intersection. Pedestrian traffic facing a steady circular red light
shall not enter the roadway unless the pedestrian can safely cross
the roadway without interfering with any vehicular traffic.
b. A "steady circular yellow" or "steady yellow
arrow" light means vehicular traffic is warned that the related
green movement is being terminated and vehicular traffic shall no
longer proceed into the intersection and shall stop. If the stop
cannot be made in safety, a vehicle may be driven cautiously through
the intersection. Pedestrian traffic is warned that there is
insufficient time to cross the intersection and any pedestrian
starting to cross the roadway shall yield the right-of-way to all
vehicles.
c. A "steady circular green" light means vehicular
traffic may proceed straight, turn right or turn left through the
intersection unless otherwise specifically prohibited. Vehicular
traffic shall yield the right-of-way to other vehicular and
pedestrian traffic lawfully within the intersection.
d. A "steady green arrow" light shown alone or with
another official traffic-control signal means vehicular traffic may
cautiously enter the intersection and proceed in the direction
indicated by the arrow. Vehicular traffic shall yield the
right-of-way to other vehicles and pedestrians lawfully within the
intersection.
e. A "flashing circular red" light means vehicular
traffic shall stop and after stopping may proceed cautiously through
the intersection yielding to all vehicles not required to stop or
yield which are within the intersection or approaching so closely as
to constitute a hazard, but then may proceed.
f. A "flashing yellow" light means vehicular traffic
shall proceed through the intersection or past such signal with
caution.
g. A "don't walk" light is a pedestrian signal which
means that pedestrian traffic facing the illuminated pedestrian
signal shall not start to cross the roadway in the direction of the
pedestrian signal, and pedestrian traffic in the crossing shall
proceed to a safety zone.
h. A "walk" light is a pedestrian signal which means that
pedestrian traffic facing the illuminated pedestrian signal may
proceed to cross the roadway in the direction of the pedestrian
signal and shall be given the right-of-way by drivers of all
vehicles. Section History: Early Form
[C39, § 5019.06, 5019.07; C46, 50, 54, 58, 62, 66, 71, 73, 75,
77, § 321.257, 321.258; C79, 81, § 321.257]
Referred to in § 805.8A(7a, 9)
For applicable scheduled fines, see §805.8A, subsection 7,
paragraph a, and subsection 9
StartOfSec321.258 ARRANGEMENT OF LIGHTS ON OFFICIAL
TRAFFIC-CONTROL SIGNALS.
1. Colored lights placed on a vertical official traffic-control
signal face shall be arranged from the top to the bottom in the
following order when used: Circular red, circular yellow, circular
green, straight through yellow arrow, straight through green arrow,
left turn yellow arrow, left turn green arrow, right turn yellow
arrow, and right turn green arrow.
2. Colored lights placed on a horizontal official traffic-control
signal face shall be arranged from the left to the right in the
following order when used: Circular red, circular yellow, left turn
yellow arrow, left turn green arrow, circular green, straight through
yellow arrow, straight through green arrow, right turn yellow arrow,
and right turn green arrow. Section History: Early Form
[C79, 81, § 321.258]
StartOfSec321.259 UNAUTHORIZED SIGNS, SIGNALS, OR MARKINGS.
No person shall place, maintain, or display upon or in view of any
highway any sign, signal, marking, or device which purports to be or
is an imitation of or resembles an official parking sign, curb or
other marking, traffic-control device or railroad sign or signal, or
which attempts to direct the movement of traffic, or which hides from
view or interferes with the effectiveness of any official
traffic-control device or any railroad sign or signal, if such sign,
signal, marking, or device has not been authorized by the department
and local authorities with reference to streets and highways under
their jurisdiction and no person shall place or maintain nor shall
any public authority permit upon any highway any traffic sign or
signal bearing thereon any commercial advertising. This shall not be
deemed to prohibit the erection upon private property adjacent to
highways of signs giving useful directional information of a type
that cannot be mistaken for official signs.
Every such prohibited sign, signal, or marking is hereby declared
to be a public nuisance and the authority having jurisdiction over
the highway is hereby empowered to remove the same or cause it to be
removed without notice. Section History: Early Form
[C39, § 5019.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, § 321.259]
Nuisances in general, chapter 657
StartOfSec321.260 INTERFERENCE WITH DEVICES, SIGNS, OR SIGNALS
-- UNLAWFUL POSSESSION -- TRAFFIC SIGNAL PREEMPTION DEVICES.
1. a. A person who willfully and intentionally, without
lawful authority, attempts to or in fact alters, defaces, injures,
knocks down, or removes an official traffic-control device, an
authorized warning sign or signal or barricade, whether temporary or
permanent, a railroad sign or signal, an inscription, shield, or
insignia on any of such devices, signs, signals, or barricades, or
any other part thereof, shall, upon conviction, be guilty of a simple
misdemeanor and shall be required to make restitution to the affected
jurisdiction. In addition to any other penalties, the punishment
imposed for a violation of this subsection shall include assessment
of a fine of not less than two hundred fifty dollars.
b. A person who is convicted under paragraph "a" of an
act relating to a stop sign or a yield sign may be required to
complete community service in addition to making restitution to the
affected jurisdiction.
2. It shall be unlawful for any person to have in the person's
possession any official traffic-control device except by legal right
or authority. Any person convicted of unauthorized possession of any
official traffic-control device shall upon conviction be guilty of a
simple misdemeanor. In addition to any other penalties, the
punishment imposed for a violation of this subsection shall include
assessment of a fine of not less than two hundred fifty dollars.
3. a. A person shall not sell, own, possess, or use a traffic
signal preemption device except as permitted in connection with the
lawful operation of an authorized emergency vehicle as defined in
section 321.1 or as otherwise authorized by the jurisdiction owning
and operating an official traffic control signal. A person who is
convicted of the unauthorized sale, ownership, possession, or use of
a traffic signal preemption device is guilty of a simple misdemeanor.
In addition to any other penalties, the punishment imposed for a
violation under this subsection shall include assessment of a fine of
not less than two hundred fifty dollars, and if the violation
involves the unauthorized use of a traffic signal preemption device,
the person may also be required to complete community service.
b. For purposes of this subsection, "traffic signal
preemption device" means a device that, when activated, is capable
of changing an official traffic control signal to green out of
sequence. Section History: Early Form
[C39, § 5019.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, § 321.260] Section History: Recent Form
90 Acts, ch 1064, §1; 91 Acts, ch 131, §1; 99 Acts, ch 153, §3, 4;
2005 Acts, ch 63, §1
StartOfSec321.261 DEATH OR PERSONAL INJURIES.
1. The driver of any vehicle involved in an accident resulting in
injury to or death of any person shall immediately stop the vehicle
at the scene of the accident or as close as possible and if able,
shall then return to and remain at the scene of the accident in
accordance with section 321.263. Every such stop shall be made
without obstructing traffic more than is necessary.
2. Any person failing to stop or to comply with the requirements
in subsection 1 of this section, in the event of an accident
resulting in an injury to any person is guilty upon conviction of a
serious misdemeanor.
3. Notwithstanding subsection 2, any person failing to stop or to
comply with the requirements in subsection 1, in the event of an
accident resulting in a serious injury to any person, is guilty upon
conviction of an aggravated misdemeanor. For purposes of this
section, "serious injury" means as defined in section 702.18.
4. A person failing to stop or to comply with the requirements in
subsection 1, in the event of an accident resulting in the death of a
person, is guilty upon conviction of a class "D" felony.
5. The director shall revoke the driver's license of a person
convicted of a violation of this section. Section History: Early Form
[S13, § 1571-m23; C24, 27, 31, 35, § 5072, 5074; C39, §
5020.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
321.261; 81 Acts, ch 103, § 4] Section History: Recent Form
90 Acts, ch 1230, §67; 98 Acts, ch 1073, §9; 2006 Acts, ch 1082,
§1, 2
Referred to in § 321.228, 321.484, 321.555, 515D.4, 902.12, 915.80
StartOfSec321.262 LEAVING SCENE OF TRAFFIC ACCIDENT -- VEHICLE
DAMAGE ONLY.
The driver of any vehicle involved in an accident resulting only
in damage to a vehicle which is driven or attended by any person
shall immediately stop such vehicle at the scene of such accident or
as close thereto as possible but shall forthwith return to and in
every event shall remain at the scene of such accident until the
driver has fulfilled the requirements of section 321.263. Every such
stop shall be made without obstructing traffic more than is
necessary. Any person failing to stop or comply with said
requirements under such circumstances shall be guilty of a
misdemeanor and punished as provided in section 321.482. Section History: Early Form
[S13, § 1571-m23; C24, 27, 31, 35, § 5079; C39, § 5020.02;
C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 321.262]
Referred to in § 321.228, 321.484
StartOfSec321.263 INFORMATION AND AID -- LEAVING SCENE OF
PERSONAL INJURY ACCIDENT.
1. The driver of a vehicle involved in an accident resulting in
injury to or death of a person or damage to a vehicle which is driven
or attended by a person shall give the driver's name, address, and
the registration number of the vehicle the driver is driving and
shall upon request and if available exhibit the driver's driver's
license to the person struck, the driver or occupant of, or the
person attending the vehicle involved in the accident and shall
render to a person injured in the accident reasonable assistance,
including the transporting or arranging for the transporting of the
person for medical treatment if it is apparent that medical treatment
is necessary or if transportation for medical treatment is requested
by the injured person.
2. If the accident causes the death of a person, all surviving
drivers shall remain at the scene of the accident except to seek
necessary aid or to report the accident to law enforcement
authorities. Before leaving the scene of the fatal accident, each
surviving driver shall leave the surviving driver's driver's license,
automobile registration receipt, or other identification data at the
scene of the accident. After leaving the scene of the accident, a
surviving driver shall promptly report the accident to law
enforcement authorities, and shall immediately return to the scene of
the accident or inform the law enforcement authorities where the
surviving driver can be located. Section History: Early Form
[S13, § 1571-m23; C24, 27, 31, 35, § 5072, 5079; C39, §
5020.03; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
321.263] Section History: Recent Form
90 Acts, ch 1230, §68; 98 Acts, ch 1073, §9
Referred to in § 321.228, 321.261, 321.262, 321.555
StartOfSec321.264 STRIKING UNATTENDED VEHICLE.
The driver of any vehicle which collides with any vehicle which is
unattended shall immediately stop and shall then and there either
locate and notify the operator or owner of such vehicle of the name
and address of the driver and owner of the vehicle striking the
unattended vehicle or shall leave in a conspicuous place in the
vehicle struck a written notice giving the name and address of the
driver and of the owner of the vehicle doing the striking and a
statement of the circumstances thereof. Section History: Early Form
[C24, 27, 31, 35, § 5079; C39, § 5020.04; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 321.264]
Referred to in § 321.228, 321.484
StartOfSec321.265 STRIKING FIXTURES UPON A HIGHWAY.
The driver of a vehicle involved in an accident resulting in
damage to property legally upon or adjacent to a highway shall take
reasonable steps to locate and notify the owner, a peace officer, or
person in charge of the damaged property of the damage and shall
inform the person of the driver's name and address and the
registration number of the vehicle causing the damage and shall, upon
request and if available, exhibit the driver's license of the driver
of the vehicle and shall report the accident when and as required in
section 321.266. Section History: Early Form
[C24, 27, 31, 35, § 5079; C39, § 5020.05; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 321.265] Section History: Recent Form
90 Acts, ch 1230, §69; 98 Acts, ch 1073, §6
Referred to in § 321.228
StartOfSec321.266 REPORTING ACCIDENTS.
1. The driver of a vehicle involved in an accident resulting in
injury to or death of any person shall immediately by the quickest
means of communication give notice of such accident to the sheriff of
the county in which said accident occurred, or the nearest office of
the state patrol, or to any other peace officer as near as
practicable to the place where the accident occurred.
2. The driver of a vehicle involved in an accident resulting in
injury to or death of any person, or total property damage to an
apparent extent of one thousand dollars or more shall, within
seventy-two hours after the accident, forward a written report of the
accident to the department. However, such report is not required
when the accident is investigated by a law enforcement agency.
3. Every law enforcement officer who, in the regular course of
duty, investigates a motor vehicle accident of which report must be
made as required in subsections 1 to 3 of this section, either at the
time of and at the scene of the accident or thereafter by
interviewing participants or witnesses shall, within twenty-four
hours after completing such investigation, forward a written report
of such accident to the department.
4. Notwithstanding section 455B.386, a carrier transporting
hazardous material upon a public highway in this state, in the case
of an accident involving the transportation of the hazardous
material, shall immediately notify the police radio broadcasting
system established pursuant to section 693.1 or shall notify a peace
officer of the county or city in which the accident occurs. When a
local law enforcement agency is informed of the accident, the agency
shall notify the state patrol and the state department of
transportation office of motor vehicle enforcement. A person who
violates a provision of this subsection is guilty of a serious
misdemeanor. Section History: Early Form
[S13, § 1571-m23; C24, § 5073, 5075, 5104; C27, 31, 35, § 5073,
5075, 5105-a35, 5105-c21; C39, § 5020.06; C46, 50, 54, 58, 62,
66, 71, 73, 75, 77, 79, 81, § 321.266; 81 Acts, ch 103, § 5] Section History: Recent Form
87 Acts, ch 170, §6; 97 Acts, ch 72, §1; 97 Acts, ch 108, § 15; 98
Acts, ch 1074, §23; 2002 Acts, ch 1063, §32; 2005 Acts, ch 35, §31
Referred to in § 321.228, 321.265, 321.267, 321.271, 321G.10,
321I.11
StartOfSec321.267 SUPPLEMENTAL REPORTS.
The department may require any driver of a vehicle involved in an
accident of which report must be made as provided in section 321.266
to file supplemental reports whenever the original report is
insufficient in the opinion of the department and may require
witnesses of accidents to render reports to the department. Section History: Early Form
[C39, § 5020.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, § 321.267]
Referred to in § 321.228
StartOfSec321.267A TRAFFIC ACCIDENTS INVOLVING CERTIFIED LAW
ENFORCEMENT OFFICERS OR OTHER EMERGENCY RESPONDERS -- REPORTS.
1. Any traffic accident involving the operation of a motor
vehicle by a certified law enforcement officer or other emergency
responder shall be reported to the department by the officer's or
responder's employer. The officer's or responder's employer shall
certify to the department whether or not the accident occurred in the
line of duty while operating an official government vehicle or during
the responder's deployment on an emergency call. Such a
certification is effective only for the purposes of this section.
2. Notwithstanding section 321.200, upon receiving a
certification pursuant to subsection 1, the department shall not
include a notation of the accident described in the certification on
the officer's or responder's driving record.
3. The provisions of this section shall not relieve a certified
law enforcement officer or other emergency responder operating a
motor vehicle of the duty to drive with due regard for the safety of
all persons.
4. For the purposes of this section, "certified law enforcement
officer" means a law enforcement officer who is certified through
the Iowa law enforcement academy as provided in section 80B.13,
subsection 3, or section 80B.17.
5. For the purposes of this section, "other emergency
responder" means a fire fighter certified as a fire fighter I
pursuant to rules adopted under chapter 100B and trained in emergency
driving or an emergency medical responder certified under chapter
147A and trained in emergency driving. Section History: Recent Form
2006 Acts, ch 1137, §1
Referred to in § 321.228
StartOfSec321.268 DRIVER UNABLE TO REPORT.
Whenever the driver of a vehicle is physically incapable of making
a required accident report and there was another occupant in the
vehicle at the time of the accident capable of making a report, such
occupant shall make or cause to be made said report. Section History: Early Form
[C39, § 5020.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, § 321.268]
Referred to in § 321.228
StartOfSec321.269 ACCIDENT REPORT FORMS.
The department shall prepare and upon request supply to police
departments, coroners, sheriffs, and other suitable agencies or
individuals, forms for accident reports required hereunder, which
reports shall call for sufficiently detailed information to disclose
with reference to a traffic accident the cause, condition then
existing, and the persons and vehicles involved.
Every required accident report shall be made on a form approved by
the department if said form is available. Section History: Early Form
[C39, § 5020.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, § 321.269]
Referred to in § 321.228
StartOfSec321.270 Reserved.
StartOfSec321.271 REPORTS CONFIDENTIAL -- WITHOUT PREJUDICE --
EXCEPTIONS.
1. All accident reports filed by a driver of a vehicle involved
in an accident as required under section 321.266 shall be in writing.
The report shall be without prejudice to the individual so reporting
and shall be for the confidential use of the department, except that
upon the request of any person involved in the accident, the person's
insurance company or its agent, or the attorney for such person, the
department shall disclose the identity and address of other persons
involved in the accident and may disclose the name of the insurance
companies with whom the other persons have liability insurance. The
department, upon written request of the person making the report,
shall provide the person with a copy of that person's report. The
written report filed with the department shall not be admissible in
or used in evidence in any civil or criminal case arising out of the
facts on which the report is based.
2. All written reports filed by a law enforcement officer as
required under section 321.266 shall be made available to any party
to an accident, the party's insurance company or its agent, the
party's attorney, the federal motor carrier safety administration, or
the attorney general, on written request to the department and the
payment of a fee of four dollars for each copy. If a copy of an
investigating officer's report of a motor vehicle accident filed with
the department is retained by the law enforcement agency of the
officer who filed the report, a copy shall be made available to any
party to the accident, the party's insurance company or its agent,
the party's attorney, the federal motor carrier safety
administration, or the attorney general, on written request and the
payment of a fee. However, the attorney general and the federal
motor carrier safety administration shall not be required by the
department or the law enforcement agency to pay a fee for a copy of a
report filed by a law enforcement or investigating officer.
3. Notwithstanding subsections 1 and 2, the date, time, specific
location, and immediate facts and circumstances surrounding a crime
or incident shall not be kept confidential under this section, except
in those unusual circumstances where disclosure would plainly and
seriously jeopardize an investigation or pose a clear and present
danger to the safety of an individual. Section History: Early Form
[C39, § 5020.11; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, § 321.271; 81 Acts, ch 14, § 25] Section History: Recent Form
83 Acts, ch 72, § 1; 90 Acts, ch 1054, § 1, 2; 98 Acts, ch 1073,
§7; 2001 Acts, ch 32, §18; 2003 Acts, ch 8, §16
Referred to in § 321.228, 321.273
StartOfSec321.272 TABULATION OF REPORTS.
The department shall tabulate and may analyze all accident reports
and shall publish annually or at more frequent intervals statistical
information based thereon as to the number and circumstances of
traffic accidents. Section History: Early Form
[C39, § 5020.12; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, § 321.272]
Referred to in § 321.228
StartOfSec321.273 CITY MAY REQUIRE REPORTS.
Any incorporated city or other municipality may by ordinance
require that the driver of a vehicle involved in an accident shall
also file with a designated city department a report of such accident
or a copy of any report herein required to be filed with the
department. All such reports shall be for the confidential use of
the city department and subject to the provisions of section 321.271.
Section History: Early Form
[C39, § 5020.13; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, § 321.273]
Referred to in § 321.228
StartOfSec321.274 Repealed by 98 Acts, ch 1178, § 16.
StartOfSec321.275 OPERATION OF MOTORCYCLES AND MOTORIZED
BICYCLES.
1. General. The motor vehicle laws apply to the operators of
motorcycles and motorized bicycles to the extent practically
applicable.
2. Riders.
a. Motorized bicycles. A person operating a motorized
bicycle on the highways shall not carry any other person on the
vehicle.
b. Motorcycles. A person shall not operate or ride a
motorcycle on the highways with another person on the motorcycle
unless the motorcycle is designed to carry more than one person. The
additional passenger may ride upon the permanent and regular seat if
designed for two persons, or upon another seat firmly attached to the
motorcycle at the rear of the operator. The motorcycle shall be
equipped with footrests for the passenger unless the passenger is
riding in a sidecar or enclosed cab. The motorcycle operator shall
not carry any person nor shall any other person ride in a position
that will interfere with the operation or control of the motorcycle
or the view of the operator.
3. Sitting position. A person operating a motorcycle or
motorized bicycle shall ride only upon the vehicle's permanent and
regular attached seat. Every person riding upon the vehicle shall be
sitting astride the seat, facing forward with one leg on either side
of the vehicle.
4. Use of traffic lanes. Persons shall not operate
motorcycles or motorized bicycles more than two abreast in a single
lane. Except for persons operating such vehicles two abreast, a
motor vehicle shall not be operated in a manner depriving a
motorcycle or motorized bicycle operator of the full use of a lane.
A motorcycle or motorized bicycle shall not be operated between lanes
of traffic or between adjacent lines or rows of vehicles. The
operator of a motorcycle or motorized bicycle shall not overtake and
pass in the same lane occupied by the vehicle being overtaken unless
the vehicle being overtaken is a motorcycle or motorized bicycle.
5. Headlights on. A person shall not operate a 1977 or later
model year motorcycle or any model year motorized bicycle upon the
highways without displaying at least one lighted headlamp of the type
described in section 321.409. However, this subsection is subject to
the exceptions with respect to parked vehicles as provided in this
chapter.
6. Packages. The operator of a motorcycle or motorized
bicycle shall not carry any package, bundle, or other article which
prevents the operator from keeping both hands on the handlebars.
7. Parades. The provisions of this section do not apply to
motorcycles or motorized bicycles when used in a parade authorized by
proper permit from local authorities.
8. Bicycle safety flags required on motorized bicycles. When
operated on a highway, a motorized bicycle shall have a bicycle
safety flag which extends not less than five feet above the ground
attached to the rear of the motorized bicycle. The bicycle safety
flag shall be triangular in shape with an area of not less than
thirty square inches, and be Day-Glo in color. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 321.275] Section History: Recent Form
89 Acts, ch 184, §1; 98 Acts, ch 1075, §22; 98 Acts, ch 1178, §3
Referred to in § 321.482A, 805.8A(6b, 9)
For applicable scheduled fines, see §805.8A, subsection 6,
paragraph b, and subsection 9
Additional penalties for violations of subsection 4 causing
serious injury or death, see §321.482A
StartOfSec321.276 Reserved.
StartOfSec321.277 RECKLESS DRIVING.
Any person who drives any vehicle in such manner as to indicate
either a willful or a wanton disregard for the safety of persons or
property is guilty of reckless driving.
Every person convicted of reckless driving shall be guilty of a
simple misdemeanor. Section History: Early Form
[C73, § 4071; C97, § 5039; S13, § 1571-m19; C24, 27, 31, 35, §
5028; C39, § 5022.04, 5022.05; C46, 50, 54, 58, 62, § 321.283,
321.284; C66, 71, 73, § 321.283; C75, 77, 79, 81, § 321.277]
Referred to in § 321.228, 321.233, 707.6A, 915.80
StartOfSec321.277A CARELESS DRIVING.
A person commits careless driving if the person intentionally
operates a motor vehicle on a public road or highway in any one of
the following ways:
1. Creates or causes unnecessary tire squealing, skidding, or
sliding upon acceleration or stopping.
2. Simulates a temporary race.
3. Causes any wheel or wheels to unnecessarily lose contact with
the ground.
4. Causes the vehicle to unnecessarily turn abruptly or sway. Section History: Recent Form
97 Acts, ch 147, §2
Referred to in § 805.8A(6b)
For applicable scheduled fine, see §805.8A, subsection 6,
paragraph b
StartOfSec321.278 DRAG RACING PROHIBITED.
No person shall engage in any motor vehicle speed contest or
exhibition of speed on any street or highway of this state and no
person shall aid or abet any motor vehicle speed contest or speed
exhibition on any street or highway of this state, except that a
passenger shall not be considered as aiding and abetting. Motor
vehicle speed contest or exhibition of speed are defined as one or
more persons competing in speed in excess of the applicable speed
limit in vehicles on the public streets or highways.
Any person who violates the provisions of this section shall be
guilty of a simple misdemeanor. Section History: Early Form
[C66, 71, 73, § 321.284; C75, 77, 79, 81, § 321.278]
Referred to in § 707.6A, 707.8, 805.8A(5d)
StartOfSec321.279 ELUDING OR ATTEMPTING TO ELUDE PURSUING LAW
ENFORCEMENT VEHICLE.
1. The driver of a motor vehicle commits a serious misdemeanor if
the driver willfully fails to bring the motor vehicle to a stop or
otherwise eludes or attempts to elude a marked official law
enforcement vehicle driven by a uniformed peace officer after being
given a visual and audible signal to stop. The signal given by the
peace officer shall be by flashing red light, or by flashing red and
blue lights, and siren. For purposes of this section, "peace
officer" means those officers designated under section 801.4,
subsection 11, paragraphs "a", "b", "c", "f",
"g", and "h".
2. The driver of a motor vehicle commits an aggravated
misdemeanor if the driver willfully fails to bring the motor vehicle
to a stop or otherwise eludes or attempts to elude a marked official
law enforcement vehicle that is driven by a uniformed peace officer
after being given a visual and audible signal as provided in this
section and in doing so exceeds the speed limit by twenty-five miles
per hour or more.
3. The driver of a motor vehicle commits a class "D" felony if
the driver willfully fails to bring the motor vehicle to a stop or
otherwise eludes or attempts to elude a marked official law
enforcement vehicle that is driven by a uniformed peace officer after
being given a visual and audible signal as provided in this section,
and in doing so exceeds the speed limit by twenty-five miles per hour
or more, and if any of the following occurs:
a. The driver is participating in a public offense, as
defined in section 702.13, that is a felony.
b. The driver is in violation of section 321J.2 or 124.401.
c. The offense results in bodily injury to a person other
than the driver. Section History: Early Form
[C81, § 321.279] Section History: Recent Form
94 Acts, ch 1069, §1; 99 Acts, ch 31, §1; 2002 Acts, ch 1119,
§153; 2008 Acts, ch 1147, §3
Referred to in § 321.209, 321.555, 707.6A
StartOfSec321.280 ASSAULTS AND HOMICIDE.
A conviction of the violation of any of the provisions of this
chapter shall not be a bar to a prosecution for an assault or for a
homicide committed by any person in operating motor vehicles. Section History: Early Form
[S13, § 1571-m30; C24, 27, 31, 35, § 5091; C39, § 5022.01;
C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 321.280]
Referred to in § 321.228, 321.233
StartOfSec321.281 THROUGH 321.283 Repealed by 86 Acts, ch
1220, § 47--49.
StartOfSec321.284 OPEN CONTAINERS IN MOTOR VEHICLES --
DRIVERS.
A driver of a motor vehicle upon a public street or highway shall
not possess in the passenger area of the motor vehicle an open or
unsealed bottle, can, jar, or other receptacle containing an
alcoholic beverage. "Passenger area" means the area designed to
seat the driver and passengers while the motor vehicle is in
operation and any area that is readily accessible to the driver or a
passenger while in their seating positions, including the glove
compartment. An open or unsealed receptacle containing an alcoholic
beverage may be transported in the trunk of the motor vehicle. An
unsealed receptacle containing an alcoholic beverage may be
transported behind the last upright seat of the motor vehicle if the
motor vehicle does not have a trunk. A person convicted of a
violation of this section is guilty of a simple misdemeanor
punishable as a scheduled violation under section 805.8A, subsection
14, paragraph "e". Section History: Recent Form
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