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.
86 Acts, ch 1056, § 3 Referred to in § 331.362 StartOfSec321.238 Repealed by 84 Acts, ch 1305, § 73.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fines applicable to offenses charged as scheduled violations, see §805.8A, subsection 1, paragraph a StartOfSec321.240 Repealed by 96 Acts, ch 1152, § 26. StartOfSec321.241 THROUGH 321.246 Repealed by 71 Acts, ch 183, § 7.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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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".
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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".
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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".
