| The IBC
The following are articles written by Earl Hill
that appeared in the North Iowa Touring Club Newsletter in the August/September
2004 & October/November 2004 issues. Each article pertains to Iowa law and
cycling.
Iowa Bicycle Laws
Several
weeks ago, Jim Thompson and I were riding north of Meservey on Cerro Gordo
County blacktop No. 5-14. We were northbound and had just passed the north
intersection with Cerro Gordo County blacktop No.8-63 when a Cerro Gordo County
deputy sheriff pulled along side and scolded us for riding two abreast. Jim was
riding next to the shoulder and I was between him and the centerline. There
wasn't another vehicle as far as the eye could see. At the time I did not argue
with the deputy nor did I change my riding position as the deputy was wrong.
A few days later on a
Wednesday Night Ride, I discussed the matter with Rolf Aronsen, who pulled a
copy of Iowa law from his backpack rack. (Imagine a. lawyer with a copy of the
law on his bicycle-an interesting concept to say the least. ) In any event, it
was decided at the last NITC board meeting that I would prepare a series of
articles for the upcoming newsletters that discuss Iowa law and the manner in
which it has been interpreted by the Iowa Supreme Court. Following are the
portions of the 2003 Iowa Code as it pertains to bicycles:
“321.324
Bicycles, animals, or animal-drawn vehicles.
1.
(pertains to animals)
2. A
person, including a peace officer, riding a bicycle on the highway is subject to
the provisions of this chapter and has all the rights and duties under this
chapter applicable to the driver of a vehicle, except those provisions for which
specific exceptions have been set forth regarding police bicycles.
3. A person
propelling a bicycle on the highway shall not ride other than upon or astride a
permanent and regular seat attached to the bicycle.
4. A person
shall not use a bicycle on the highway to carry more persons at one time than
the number of persons for which the bicycle is designed and equipped.
5. This
section does not apply to the use of bicycle in a parade authorized by proper
permit from local authorities.
321.236.
Powers of local authorities. Local authorities shall have no power to enact,
enforce, or maintain any ordinance, rule or regulation in any way in conflict
with, contrary to or inconsistent with the provisions of this chapter, and no
such ordinance, rule or regulation of said local authorities heretofore or
hereafter enacted shall have any force or effect, however the provisions of this
chapter shall not be deemed to prevent local authorities with respect to streets
and highways under their jurisdiction and within the reasonable exercise of the
police power from:
10.
Regulating the operation of bicycles and requiring the registration and
licensing of the same, including the requirement of a registration fee. However,
the regulations shall not conflict with the provisions of section 321.234.
321.358.
Stopping, standing or parking.
No person
shall stop, stand, or park a vehicle, except when necessary to avoid conflict
with other traffic or it compliance with the directions of a police office or
traffic control device, in any of the following places:
1. On a
sidewalk, except a bicycle may stop, stand, or park on a sidewalk if not
prohibited by a local jurisdiction.
321.397.
Lamps on bicycles.
Every
bicycle shall be equipped with a lamp on the front exhibiting a white light, at
the times specified in section 321.384, visible from a distance of at least
three hundred feet to the front and with a lamp on the rear exhibiting , red
light visible from a distance of three hundred feet to the rear; except that a
red reflector may be used in lieu of , rear light. A peace officer riding a
police bicycle is not required to use either front or rear lamps if duty so
requires.
321.434.
Bicycle sirens or whistles.
A bicycle
shall not be equipped with and a person shall not use upon a bicycle any siren
or whistle. This section shall not apply to bicycles ridden by peace officers in
the line of duty."
C A V E A
T: Another source for bicycle law is the Iowa Department of Transportation
website. It has an excellent page pertaining to "Sharing Iowa's Roads with
Bicycles." I commend it to you for your reference.
Iowa law
controls the unincorporated areas of the State. Incorporated areas (that is
cities) will usually have their own ordinances that govern bicycle riding within
the specific city. Therefore, please do not feel that the following necessarily
regulates bicycle riding with in the city limits of any given town. Violations
of the law are usually fact specific. Therefore, if you have a problem, you
should contact your personal attorney.
In
addition, simply because you are right may not mean that you are riding
intelligently. (For instance, it probably is not wise to ride two abreast when
you have a string of cars behind wanting to pass. Be sure to use common sense
when enjoying this great sport.)
-Earl W.
Hill
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