JURISDICTION: IOWA

This chapter summarizes Iowa State statutes related to speed.

General References: Iowa Code Annotated and Iowa Administrative Code (IAC)

Basis for a Speed Law Violation:

Basic Speed Rule: A person shall drive a motor vehicle at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the highway and of any other conditions than existing, and no person shall drive any vehicle upon a highway at a speed greater than will permit the person to bring it to a stop within the assured clear distance ahead. §§321.285 & 321.288

Statutory Speed Limit: 65 MPH on controlled-access, multilaned highways including interstate

See Other below. highways §321.285

55 MPH on other highways or on surfaced secondary roads⁽¹⁾ §321.285

45 MPH in suburban districts §321.285

25 MPH in a residence or school district §321.285

20 MPH in a business district §321.285

Posted (Maximum) Speed Limit: I. The State may also establish a speed limit of 65 MPH on certain non-limited access divided multilaned highways. §321.285

II. Based on engineering and traffic investigations, the State on the primary road system or a city government on streets within its jurisdiction (except primary road extensions) may increase or decrease the above maximum speed limits.⁽²⁾ §321.290

III. The State or a city may lower the 65 MPH speed limit upon highways located within the corporate limits of a city. §321.286(6)

IV. Local authorities have the authority to regulate the speed in public parks and alleys. §321.236(5) & (11)

Minimum Speed Limit: I. A person shall not drive a motor vehicle at such a slow speed to impede or block the normal and reasonable movement of traffic. §321.294 Also, a vehicle, which cannot attain and maintain a speed of 40 MPH, cannot be driven on the interstate system. §321.285

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State may establish a minimum speed limit on controlled-access, multilaned highways including interstate highways. §321.285

Other: I. Based on a safety investigation, the State may establish a safe maximum speed limit for any bridge or elevated structure. §321.295

II. A vehicle cannot be operated on a highway unless it can proceed up a 3 percent grade with speed at least 20 MPH. §321.382

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: Speed Law Violations are Simple Misdemeanors. §321.482

Adjudication of Speed Law Violations:

(continued)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): Not more than 30 days §903.1(1)(a)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): $50 to $100⁽³⁾ §903.1(1)(a)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: Driver Improvement Program⁽⁴⁾ IAC 761-615.43(1)(a)

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension⁽⁵⁾ §321.210(1)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year⁽⁶⁾ §321.212(1)(a)

Mandatory Minimum Term of

Withdrawal: None A restricted license is available for employment, educational or medical purposes. §321.215(1)

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Miscellaneous Sanctions

Not Included Elsewhere: An offender is assessed an additional penalty of 30 percent of the fine imposed. §911.2

Other Criminal Actions Related to Speeding:

Drag Racing on Highway: Simple Misdemeanor §321.278

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 30 days §903.1(1)(a)

Mandatory Minimum Term: None

Fine ($ Range): $50 to $100 §903.1(1)(a)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Revocation §321.209(6)

Length of Term of

Licensing Withdrawal: 1st offense-6 months If there was no personal injury or property damage §321.212(1)(c) 1st offense where there is personal injury or property damage or for any subsequent offense-1 year §321.212(1)(a)

Mandatory Action--Minimum

Length of License

Withdrawal: None A restricted license is available for employment, educational or medical purposes. §321.215(1)

Other: An offender is assessed an additional penalty of 30 percent of the fine imposed. §911.2

Reckless Driving: Simple Misdemeanor §321.277

Sanction:

Criminal:

Imprisonment (Term): Not more than 30 days §903.1(1)(a)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): $50 to $100 §903.1(1)(a)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension §321.210(1)(f)

Length of Term of License

Withdrawal Action: Not more than 1 year 321.212(1)(a)

Mandatory Term of License

Withdrawal Action: None A restricted license is available for employment, educational or medical purposes. §321.215(1)

Other: An offender is assessed an additional penalty of 30 percent of the fine imposed. §911.2

Commercial Motor Vehicle (CMV) Operators⁽⁷⁾:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either commit 2 or more serious traffic offenses⁽⁸⁾ within a 3 year period. §321.208(4)

Period of Disqualification: 2 violations (within 3 years)-60 days 3 violations (within 3 years)-120 days §321.208(4)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §§321.208 & 321.215(4)

1. ¹If the secondary road is not surfaced with either concrete or asphalt, the maximum speed limit is 55 MPH between sunrise and sunset and 50 MPH between sunset and sunrise. §321.285

2. ²Note: Iowa law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

3. ³Scheduled Violations. Most speed law violations are considered "scheduled violations" for which the following fines are provided. I. Except as noted in II, the fine schedule for speeding offenses is as follows: (1) 5 MPH over the speed limit-$10; (2) >5 MPH but 10 MPH over the speed limit-$20; (3) >10 MPH but 15 MPH over the speed limit-$30; (4) >15 MPH but 20 MPH over the speed limit-$40; (5) >20 MPH over the speed limit-$40 plus $2 for every MPH over the 20 MPH excessive speed. §805.8(g)(1) & (3) II. In speed zones with a speed limit >55 MPH, the fine schedule for speeding violations is as follows: (1) 5 MPH over the speed limit-$10; (2) >5 MPH but 10 MPH over the speed limit-$20; (3) >10 MPH but 15 MPH over the speed limit-$40; (4) >15 MPH but 20 MPH over the speed limit-$60; (5) >20 MPH over the speed limit-$60 plus $2 for every MPH over the 20 MPH excessive speed. §805.8(g)(4) III. For violating the posted safe speed limit for a bridge or elevated structure, the scheduled fine is $15. §805.8(h) IV. For violating the minimum speed rule (i.e., driving too slow), the scheduled fine is $20. §805.8(l)

4. ⁴The licensing agency may require a person, who is convicted of a speeding violation of 25 MPH but 29 MPH over the speed limit or for habitual traffic law violation, to attend a driver improvement program. This program is in lieu of license suspension. However, a person cannot be assigned to this program more than once in 2 years. IAC 761-615.43(1)(b)

5. ⁵However, the licensing agency is not to consider the first two speeding violations within a 12 month period involving excess speed which was 10 MPH below the speed limit in speed zones having limits between 34 and 56 MPH. §321.210(2)(d)

6. ⁶The minimum suspension period is usually 30 days. IAC 761-615.11(1) State regulations provide for graduated license suspension periods depending upon the seriousness of the speeding violation. E.g., a person convicted of speeding 25 MPH but <26 MPH over the speed limit is subject to a 60 day suspension. Whereas, a person convicted of speeding 49 MPH over the speed limit is subject to a 1 year license suspension. IAC 761-615.17(2)(c)

7. ⁷A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §321.1

8. ⁸these violations includes exceeding the speed limit by 15 or more MPH and reckless driving. §321.208(4)