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	<title>Duffyink.com &#187; iowa law</title>
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		<title>04/16/09 Great Bike safety rally. Now what?</title>
		<link>http://www.duffyink.com/2009/04/16/041609-great-bike-safety-rally-now-what/</link>
		<comments>http://www.duffyink.com/2009/04/16/041609-great-bike-safety-rally-now-what/#comments</comments>
		<pubDate>Thu, 16 Apr 2009 13:23:05 +0000</pubDate>
		<dc:creator>Brian Duffy</dc:creator>
				<category><![CDATA[Bike Blog]]></category>
		<category><![CDATA[bicycle safety]]></category>
		<category><![CDATA[iowa]]></category>
		<category><![CDATA[iowa law]]></category>

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		<description><![CDATA[Here it is as it exists in the Iowa Code. This should easily apply and the County attorney would be derelict in duty if she chooses to ignore these provisions especially if there were witnesses who could, and in this case have attested the the behavior of the driver. 321.482A Violations resulting in injury or [...]]]></description>
			<content:encoded><![CDATA[<p>Here it is as it exists in the Iowa Code. This should easily apply and the County attorney would be derelict in duty if she chooses to ignore these provisions especially if there were witnesses who could, and in this case have attested the the behavior of the driver.</p>
<p>321.482A Violations resulting in injury or death &#8211; additional penalties.<br />
Notwithstanding section 321.482 , a person who is convicted of operating a motor vehicle in violation of section 321.275 , subsection 4, section 321.297 , 321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 , 321.307 , 321.308 , section 321.309 , subsection 2, or section 321.311 , 321.319 , 321.320 , 321.321 , 321.322 , 321.323 , 321.323A , 321.324 , 321.324A , 321.327 , 321.329 , or 321.333 causing serious injury to or the death of another person may be subject to the following penalties in addition to the penalty provided for a scheduled violation in section 805.8A or any other penalty provided by law:<br />
1. For a violation causing serious injury, a fine of five hundred dollars or suspension of the violator’s driver’s license or operating privileges for not more than ninety days, or both. For purposes of this subsection, “serious injury” means the same as defined in section 702.18 .<br />
2. For a violation causing death, a fine of one thousand dollars or suspension of the violator’s driver’s license or operating privileges for not more than one hundred eighty days, or both.<br />
2006 Acts, ch 1021, §2<br />
702.18 Serious injury.<br />
1. “Serious injury” means any of the following:<br />
a. Disabling mental illness.<br />
b. Bodily injury which does any of the following:<br />
(1) Creates a substantial risk of death.<br />
(2) Causes serious permanent disfigurement.<br />
(3) Causes protracted loss or impairment of the function of any bodily member or organ.<br />
c. Any injury to a child that requires surgical repair and necessitates the administration of general anesthesia.<br />
2. “Serious injury” includes but is not limited to skull fractures, rib fractures, and metaphyseal fractures of the long bones of children under the age of four years.<br />
321.299 Overtaking a vehicle.<br />
The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:<br />
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.<br />
Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of the overtaken vehicle until completely passed by the overtaking vehicle.<br />
One thing I didn&#8217;t mention last night was the fact that pressure put on county officials have already paid dividends in other cycling matters. Take the case of the counties that were attempting to seek to drive groups of cyclists off their roads by passing laws that required any group rides from taking place on their roads without proof of insurance, and permission from the county. This proposal was pushed by David Vestal who was the attorney for the Iowa Association of Counties. Cyclists showed up at every county meeting where the council was discussing the law. Due to this pressure every one of those counties contemplating the change dropped the idea.</p>
<p>I have said this before, we need to be more like the motorcyclists. They are organized and force to be dealt with. We need to come up with a Mission Statement that lays out what we believe and as a collective group what rights we demand. Remember that old adage:&#8221;the squeaky wheel gets the grease&#8221;.</p>
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