In today’s news we reported about a child killed while crossing the street. Here is what we reported.

With so much to look for its surprising more pedestrians aren't killed. Pedestrians treat the streets like they were in a movie. Be careful out there. Megan Roth wrote a pretty good article about traffic and how frustrating they can be. I've written about the weather conditions. It seems in this case the downpour is a factor to consider.

Senate File 117, passed the Iowa Senate but isn’t expected to pass the House before this session ends.  Senate File 117 is a law that would offer bicyclists more protection from cars, trucks, motorcycles and buses that use the public streets.

The Des Moines Register has been carrying this story about Senate File 117 and you can follow the links to read the three stories.  One, two and three.

Added Mark Wyatt, executive director of the Iowa Bicycle Coalition: "The bill is not about special rights for bicyclists. Rather, it clarifies that cyclists have the same protection as vehicles in the Iowa Code."

Records show
Sherman had the green light to cross the intersection of 44th Street and Lincoln Avenue at 6 p.m. on March 3, a clear day. "All of a sudden, I see a car in my face," Sherman

The car had tried to make a left turn.
Sherman hit a headlight, took off the driver's side mirror, then flew into a solid object, which he suspects was a telephone pole. He bruised a lung and broke bones in his shoulder, rib cage and spine.

The police report clearly shows the driver was at fault, said Maj. James O'Donnell of the Des Moines Police Department. No ticket was issued, partly because there was no intent by the driver to harm Sherman, he said.

The bill may be assessed below or by following this link.

The gist of the legislative measure: Changes the nature of riding a bike on the public roads to, as some would say an even playing field.

The proposed law would give the bicycle rider equal access to the full use of the lanes of travel, would require passing a bicycle under the same rules as is now in place for passing other motor vehicles, would add bicyclists to the following too closely rules, would allow or require bicyclists to use hand signals to turn, would treat bicyclists like pedestrians when on the sidewalk or a recreational trail and car or truck intends to exit a driveway across the sidewalk; and finally would make bicycles a protected class when opening the door to a parked car.  

Roads were originally constructed for commerce rather than pleasure, in that commerce is what paid the costs and allowed commerce to develop generating more tax revenue for governments.





  1 An Act relating to the operation of bicycles on a street or

  2    highway, providing requirements for motor vehicle operators

  3    encountering other vehicles or bicycles, and providing

  4    penalties.


  6 TLSB 1600SV 83

  7 dea/nh/14






  1  1    Section 1.  NEW SECTION.  321.297A  USE OF TRAFFIC LANES BY

  1  2 BICYCLES.

  1  3    1.  A vehicle shall not be operated in a manner depriving a

  1  4 bicycle operator of the full use of a lane if the lane is of

  1  5 insufficient width for the vehicle and a bicycle to share.

  1  6    2.  A violation of this section is a simple misdemeanor

  1  7 punishable as a scheduled violation under section 805.8A,

  1  8 subsection 6, paragraph "b".

  1  9    Sec. 2.  Section 321.299, Code 2009, is amended to read as

  1 10 follows:


  1 12    The following rules shall govern the overtaking and passing

  1 13 of vehicles proceeding in the same direction, subject to those

  1 14 limitations, exceptions, and special rules hereinafter stated

  1 15 otherwise provided in this chapter:

  1 16    1.  The driver of a vehicle overtaking another vehicle or a

  1 17 bicycle proceeding in the same direction shall pass to the

  1 18 left thereof of the vehicle or bicycle at a safe distance and

  1 19 shall not again drive to the right side of the roadway until

  1 20 safely clear of the overtaken vehicle or bicycle.

  1 21    2.  Except when overtaking and passing on the right is

  1 22 permitted, the driver of an overtaken vehicle shall give way

  1 23 to the right in favor of the overtaking vehicle and shall not

  1 24 increase the speed of the overtaken vehicle until completely

  1 25 passed by the overtaking vehicle.

  1 26    3.  When a vehicle is overtaking and passing another

  1 27 vehicle or a bicycle, the operator of the overtaking vehicle

  1 28 shall maintain a distance of not less than five feet from the

  1 29 other vehicle or bicycle.  This subsection does not apply to a

  1 30 farm tractor or fence=line feeder.

  1 31    Sec. 3.  Section 321.307, Code 2009, is amended to read as

  1 32 follows:

  1 33    321.307  FOLLOWING TOO CLOSELY.

  1 34    The driver of a motor vehicle shall not follow another

  1 35 vehicle or a bicycle more closely than is reasonable and

  2  1 prudent, having due regard for the speed of such vehicles the

  2  2 vehicle or bicycle and the traffic upon and the condition of

  2  3 the highway.

  2  4    Sec. 4.  Section 321.314, Code 2009, is amended to read as

  2  5 follows:

  2  6    321.314  WHEN SIGNAL REQUIRED.

  2  7    No A person shall not turn a vehicle from a direct course

  2  8 upon a highway unless and until such movement can be made with

  2  9 reasonable safety and then only after giving a clearly audible

  2 10 signal by sounding the horn if any pedestrian may be affected

  2 11 by such movement or after giving an appropriate signal in the

  2 12 manner hereinafter provided in this chapter in the event any

  2 13 other vehicle may be affected by such movement.

  2 14    Sec. 5.  Section 321.318, Code 2009, is amended to read as

  2 15 follows:


  2 17    1.  All signals herein Signals required under this chapter

  2 18 which may be given by hand and arm shall when so given be

  2 19 given from the left side of the vehicle, and the following

  2 20 manner and interpretation thereof is suggested:

  2 21    1.  a.  Left turn == Hand and arm extended horizontally.

  2 22    2.  b.  Right turn == Hand and arm extended upward.

  2 23    3.  c.  Stop or decrease of speed == Hand and arm extended

  2 24 downward.

  2 25    2.  A person operating a bicycle may signal a right turn

  2 26 with the left hand and arm extended upward or with the right

  2 27 hand and arm extended horizontally.

  2 28    Sec. 6.  Section 321.353, Code 2009, is amended to read as

  2 29 follows:


  2 31 == RIGHT=OF=WAY.

  2 32    1.  The driver of a vehicle emerging from a private

  2 33 roadway, alley, driveway, or building shall stop such the

  2 34 vehicle immediately prior to driving onto the sidewalk area

  2 35 and thereafter the driver shall proceed into the sidewalk area

  3  1 only when the driver can do so without danger to pedestrian or

  3  2 bicycle traffic, and the driver shall yield the right=of=way

  3  3 to any bicycle or vehicular traffic on the street into which

  3  4 the driver's vehicle is entering.

  3  5    2.  Except where a sign posted by state or local

  3  6 authorities requires recreation trail users to yield to cross

  3  7 traffic, the driver of a vehicle emerging from a private

  3  8 roadway, alley, driveway, or building shall stop the vehicle

  3  9 immediately prior to driving onto a recreation trail area and

  3 10 thereafter the driver shall proceed into the recreation trail

  3 11 area only when the driver can do so without danger to

  3 12 pedestrian or bicycle traffic.  The driver shall yield the

  3 13 right=of=way to any bicycle or vehicular traffic on the street

  3 14 into which the driver's vehicle is entering.

  3 15    2.  3.  The driver of a vehicle about to enter or cross a

  3 16 highway from a private road or driveway shall stop such

  3 17 vehicle immediately prior to driving on said the highway and

  3 18 shall yield the right=of=way to all bicycles or vehicles

  3 19 approaching on said the highway.

  3 20    Sec. 7.  NEW SECTION.  321.371A  OPENING DOOR OF PARKED

  3 21 VEHICLE.

  3 22    A person shall not open the door of a vehicle on the side

  3 23 available to moving traffic unless it is reasonably safe to do

  3 24 so and can be done without interfering with the movement of

  3 25 traffic.  A person shall not leave the door of a vehicle open

  3 26 on the side of the vehicle available to moving traffic for a

  3 27 period of time longer than necessary to load or unload

  3 28 passengers or cargo.

  3 29    Sec. 8.  Section 321.482A, unnumbered paragraph 1, Code

  3 30 2009, is amended to read as follows:

  3 31    Notwithstanding section 321.482, a person who is convicted

  3 32 of operating a motor vehicle in violation of section 321.275,

  3 33 subsection 4, section 321.297, 321.297A, 321.298, 321.299,

  3 34 321.302, 321.303, 321.304, 321.305, 321.306, 321.307, 321.308,

  3 35 section 321.309, subsection 2, or section 321.311, 321.319,

  4  1 321.320, 321.321, 321.322, 321.323, 321.323A, 321.324,

  4  2 321.324A, 321.327, 321.329, or 321.333, or a person who is

  4  3 convicted of a violation of section 321.371A, causing serious

  4  4 injury to or the death of another person may be subject to the

  4  5 following penalties in addition to the penalty provided for a

  4  6 scheduled violation in section 805.8A or any other penalty

  4  7 provided by law:

  4  8    Sec. 9.  Section 805.8A, subsection 6, paragraph b, Code

  4  9 2009, is amended to read as follows:

  4 10    b.  For violations under section 321.275, subsections 1

  4 11 through 7, sections 321.277A, 321.297A, 321.315, 321.316,

  4 12 321.318, 321.363, and 321.365, the scheduled fine is

  4 13 twenty=five dollars.

  4 14    Sec. 10.  Section 805.8A, subsection 14, Code 2009, is

  4 15 amended by adding the following new paragraph:

  4 16    NEW PARAGRAPH.  j.  OPEN DOOR VIOLATIONS.  For a violation

  4 17 under section 321.371A, the scheduled fine is thirty=five

  4 18 dollars.

  4 19 SF 117

  4 20 dea/nh/jh/26


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