Lawmakers looking to repeal unattended vehicle law

DES MOINES - A century-old law in Iowa says law officers can ticket motorists for a $20 fine if they leave a vehicle unattended with its engine running. Two western Iowa legislators say it's time to repeal it.

Currently, Iowa law prohibits a person from permitting a vehicle to stand unattended without first stopping the engine or without effectively setting the brake and turning the front wheels to the curb or side of the roadway when the vehicle is standing upon any perceptible grade.

Rep. Megan Jones, R-Sioux Rapids, and Sen. David Johnson, R-Ocheyedan, have filed separate measures in House and Senate to remove that language, arguing it is code clutter that is irrelevant in the era of remote car starters and an example of government overreaching into people's personal decisions if they have a car with a diesel engine that needs time to warm up in the winter or they're parents with small children who don't want to put them in a cold car seat.

'This is exactly the kind of law that we just don't need on the books. This is why our code books are so big - it's laws like this that haven't been reviewed in quite awhile,” Jones said. 'I think this is just one of those things that is probably past its expiration date.”

Johnson said the law was brought to his attention and in researching the topic indicates the law traces back to 1913 when the automobile was just catching on. In the meantime, he said, he sees many people now warming up their vehicles on mornings when the temperature is below the zero mark who have no idea they're violating the law by running back into the house or a rest area or into a convenience store for a short time.

'I think it's silly,” said Johnson, who noted the $20 fine could grow to as much as $87.50 when court costs are added.

Law enforcement and insurance groups are the only ones who have taken notice of Senate File 159 and House File 363 but have not registered opposed to the bills. However, with Friday being the deadline for non-money bills to clear a legislative standing committee, time and inactivity may be the biggest opponents Jones and Johnson face in enacting a change they favor.

'Is this one of the top, pressing concerns of the state? No,” Jones added. 'But is it just a law that probably needs to be taken out of the books? Yeah.”

Insurance industry officials could not cite specific data on the number of vehicles that are stolen when they're unattended with the engines running, but Carol Kaplan, director of public affairs for the Washington-based National Insurance Crime Bureau said her group discourages the practice unless the vehicle has a remote starter that allows it to be locked while idling.

'We find that this is one of the common reasons why cars are stolen, because of people who will leave the engine running either to allow it to warm up or because they think that they're just running into a convenience store to pick up a gallon of milk and they'll be right back, and those are crimes of opportunity,” Kaplan said.

A survey of law enforcement agencies around Iowa found a mixed picture, with some officials reporting spotty or sporadic enforcement to officers unaware that such a law is on the books.

'It's a low priority,” said Waterloo Safety Services Director Dan Trelka. 'If we had idling cars getting stolen, it might be higher. But we don't.”

Alex Murphy of the state Department of Public Safety said Iowa State Patrol records indicate troopers issued three citations in the last five years - one each in 2011, 2012 and last year.

Since the law is a two-part code, Mason City police report not citing for unattended vehicles left running, but officers do issue citations for not setting the parking brake or turning wheels toward the curb when parked on an incline.

'We're not looking for that, no,” said Mason City Police Sgt. Dave Houser. 'It's one of those things that, yeah, it's on the books, but probably we're not actively looking for that stuff.”

At the same time, it is not a practice that officers suggest.

'In the winter time, stolen vehicles tend to go up a little bit when people go out and start their cars and leave them running and don't lock them or anything,” Houser said.

Police in Eastern Iowa said the law prohibiting motorists from leaving their vehicles unattended while running is used infrequently, if ever.

'I can't recall ever having seen it in 25 years,” said Coralville Police Lt. Shane Kron.

Linn County Sheriff Brian Gardner said he couldn't think of a time in his career that a motorist was cited for leaving their car running. Gardner said that remote-start technology allows motorists to safely start their vehicles without being in them. There are situations, however, when police could be compelled to cite a motorist who left their car running.

'If we find someone who has left a child in their unattended car that's running … we may have more concern about that,” Gardner said.

In Cedar Rapids, police officers have not written a citation for a vehicle left unattended since January 1, 2014. Officials report that of the 34 vehicles stolen this year, a total of nine had the keys left in the ignitions unlocked overnight and four were taken while they were left running and unlocked.

Iowa City Police Sgt. Scott Gaarde said police don't encourage people to leave their cars running, even if the citation is applied in frequently.

'We don't want people to have their vehicles stolen or to lose their possessions,” Gaarde said.

Earlier this winter, a spate of car thefts prompted the Cedar Rapids Police Department to issue a news release discouraging motorists from leaving their vehicles running.

Gardner said his preference would be for the current law to be modified to allow for remote starters, but to continue banning motorists from leaving their car running with the keys in the ignition.