Winter 2011 Smart, Safe & Sober Newsletter
Back to Winter 2011 Newsletter Home
2011 General Assembly Update
by Dana G. Schrad
VACP Executive Director
The 2011 Virginia General Assembly session is fast coming to a close, with adjournment scheduled for February 26. The reconvened session will be held April 6, when the legislators will address the Governor’s vetoes and proposed amendments. While state budget funding for transportation and roads has been a primary focus of the session, legislators also introduced a large slate of traffic safety and motor vehicle bills for consideration.
The summary below is organized by subject matter and reports the latest actions by the General Assembly. Although the vast majority of the bills failed either in committee or in the opposing house, they are included to give a complete report on the issues considered by the legislature. The bills are hyperlinked to the Virginia Legislative Information website where you can check the history and latest action on each of the bills.
Traffic Lights/Intersections
HB 1515 (Orrock) - Traffic lights; enforcement. Provides that, in addition to observing the violation directly, a law-enforcement officer may detain or arrest the driver of a motor vehicle violating a traffic light signal if the officer observes the violation through the use of a red light activation terminal approved by the Virginia State Police Superintendent. (FAILED)
HB 1993 (Janis)- Reckless driving offenses; person who recklessly runs red light or stop or yield sign. (FAILED)
HB 2327 (Lingamfelter) - Photo monitoring systems; limitations on local adoption of systems. Limits the operation of a traffic signal enforcement program, commonly referred to as a "photo red program," to those localities that have adopted ordinances establishing the program prior to July 1, 2011. In addition, localities that have adopted such ordinances are prohibited from implementing or expanding a photo red program after July 1, 2011. (FAILED)
SB 858 – (Wagner) Vehicles; right turns by those facing left green arrow signals. (FAILED)
Motorcycles/Mopeds/Bicycles
HB 1618 (Ward) - Mopeds; any city by ordinance may prohibit operation on certain highways. Permits localities to prohibit moped use on roadways with speed limits of 45 mph or more. (FAILED, BUT REFERRED BY LETTER FOR FURTHER STUDY)
HB 1683 (Toscano) - Motor vehicles; passing of bicycles, etc. Following too closely; passing other vehicles. Adds bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and mopeds to the list of vehicles that the driver of a motor vehicle shall not follow more closely than is reasonable. In addition, the bill increases passing distance for passing bicycles from two to three feet. (FAILED)
HB 1764 – (Crockett-Stark) - Mopeds; riders and passengers required to wear helmets. (FAILED)
HB 1850 – (Stolle) - Motorcycles; prohibits children under age eight from riding. (FAILED)
HB 1981 (Greason) - Allows motorcycle and moped drivers and bicycle riders, in certain situations, to proceed through intersections controlled by traffic lights showing steady red signals. Notwithstanding any other provision of law, if a driver of a motorcycle or moped or a bicycle rider approaches an intersection that is controlled by a traffic light, the driver or rider may proceed through the intersection on a steady red light only if the driver or rider (i) comes to a full and complete stop at the intersection for two complete cycles of the traffic light or for two minutes, whichever is shorter, (ii) exercises due care as provided by law, (iii) otherwise treats the traffic control device as a stop sign, and (iv) determines that it is safe to proceed. (HB 1991 INCORPORATED, PASSED HOUSE, PASSED SENATE COMMITTEE, EXPECTED TO PASS FULL SENATE)
HB 2194 (Ebbin) - Motor vehicles; passing of bicycles, etc. (FAILED)
SB 740 (Lucas) - Motorcycles and mopeds; use of bridges in high winds. Requires VDOT to prohibit use of certain bridges in Hampton Roads by motorcycles and mopeds during periods of high wind. (FAILED)
SB 928 (McDougle) - Motor vehicles; passing of bicycles, etc. Adds bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and mopeds to the list of vehicles that the driver of a motor vehicle shall not follow more closely than is reasonable. In addition, the bill increases passing distance for passing bicycles from two to three feet. (FAILED)
SB 1234 (Deeds) - Bicycle operation; City of Charlottesville to permit in both directions of traffic on one-way roads. (FAILED)
Impaired Driving
HB 1407 (Janis) - Underage drinking and driving; punishable as Class 1 misdemeanor. Applies to underage drivers convicted of driving with a back of .02 to .08. Increases license suspension from 6 months to one year, and removes $500 cap on fine and provides an alternate to fine of 50 hours of community service. (PASSED BOTH THE HOUSE AND SENATE; GOVERNOR’S ACTION PENDING)
HB 1496 (Herring) - Provides that any person who purchases alcoholic beverages for or otherwise gives, provides, or willfully assists in the provision of alcoholic beverages to another person, knowing or having reason to know that such person was less than 21 years of age is guilty of a Class 1 misdemeanor. Current law does not address a violation committed when the violator has reason to know a person is underage. (PASSED BOTH THE HOUSE AND SENATE; GOVERNOR’S ACTION PENDING)
HB 1589 (Iaquinto) and SB 1118 (McEachin) – Ignition Interlock. The bills make Ignition Interlocks mandatory for ALL persons convicted of DUI. Currently first time offenders are not required to have an ignition interlock installed in their car unless their blood alcohol content was .15 or higher (almost 2 times the legal limit) (BOTH BILLS FAILED BY THE SENATE)
HB 1637 (Purkey) and SB 1035 (Barker) - Motor vehicles; possession of open container of alcohol in passenger area, penalty. (BOTH BILLS FAILED IN COMMITTEE)
SB 770 (Marsden) – Punishment for underage drinking and driving; penalty. Provides that "zero tolerance" (0.02% BAC) underage drinking and driving is punishable as a Class 1 misdemeanor. Currently, the punishment is loss of license for six months and a fine of no more than $500. This bill provides that the punishment includes, but is not limited to, forfeiture of such person's license to operate a motor vehicle for a period of one year from the date of conviction and either a mandatory minimum fine of $500 or 50 hours of community service. (PASSED SENATE, HOUSE ACTION PENDING)
Distracted Driving
HB 1404 (Howell, A.T.) - Handheld personal communications devices; prohibits use thereof while operating motor vehicle, etc. Full handheld phone ban. Makes violation primary. (FAILED)
HB 1424 (Dance) – Wireless telecommunications devices in motor vehicles. Extends prohibition on the use of wireless telecommunications devices in motor vehicles to talking on such device only when the device is configured for hands-free operation and is being used in the hands-free mode. (FAILED)
HB 1489 (Spruill) - Handheld personal communications device; texting while driving; deletes secondary clause. (FAILED)
HB 1546 (Kory) – Use of handheld personal communications devices in motor vehicles; penalty. Makes texting while driving a primary offense. (FAILED)
HB 1630 (Watts) - Cell phones or other wireless telecommunications devices; prohibited use while driving, exception. Full wireless ban. Remains secondary offense, but increases fine to class 3 misdemeanor. (FAILED)
HB 2307 (Sickles) - Handheld personal communications devices; fines for texting while driving doubled in work zones. (FAILED)
SB 1042 (Barker) - Handheld personal communications devices; repeals secondary enforcement. (FAILED)
SB 1047 (Barker) - Driver's license holders, provisional; makes cell phone use while driving a primary offense. (FAILED)
SB 1351 (Norment) - Wireless telecommunications devices in motor vehicles. (FAILED)
HJ 621 - May - Study; Virginia Tech Transportation Institute; cell phone use; report. (FAILED)
Occupant Protection
HB 2136 (Barlow) - Motor vehicle safety belts; makes nonuse a primary offense. (FAILED)
Motor Vehicles
HB 1728 (Carrico) - Vehicle window tinting films; vehicle safety inspection fees. Increases the allowed tinting of front side windows so as to reduce permitted light transmittance from the present minimum of 50 percent to a minimum of 35 percent. The bill also allows an increase of $4 for the safety inspection of any vehicle with after-market window tinting of the front side, rear side, or rear windows. This additional fee does not apply to window tinting films installed pursuant to an authorization by the DMV Commissioner pursuant to § 46.2-1053. (WITHDRAWN BY PATRON TO STUDY IMPACT ON OFFICER SAFETY)
HB 2399 (Ward) - Snow and ice on vehicles. Requires operators of motor vehicles to remove accumulated snow and ice from their vehicles. (FAILED)
HB 2420 (Villanueva) - Televisions in motor vehicles. Prohibits the use of a television receiver in a motor vehicle when moving images are visible to the driver while the vehicle is in motion. (PASSED HOUSE, SENATE ACTION PENDING)
School Buses
HB 1911 (Miller, J.H.) - School buses; Authorizes local school boards to authorize the installation and use of install and operate video-monitoring systems on school buses. (PASSED HOUSE AND SENATE; GOVERNOR’S ACTION PENDING) SB 946 (Howell) is identical.
HB 2043 (Anderson) - Reckless driving; failing to stop at a school bus. Provides that a driver is guilty of reckless driving who fails to stop, when approaching from any direction, at any school bus which is stopped for the purpose of taking on or discharging children, etc., and to remain stopped until all the persons are clear and the bus is put in motion. The current law omits the word "at" in the now corrected phrase "at any school bus" and, thus, gives the sentence, and the law, its intended meaning. Incorporates HB 1469 (PASSED BOTH HOUSE AND SENATE; EMERGENCY ADOPTION) Action on similar bill SB 769 is pending in House committee
SB 1248 (Vogel) - Passing a stopped school bus; punishes as reckless driving. (INCORPORATED INTO SB 769)
HB 1970 (Robinson) - Move over law; driver slow down if unsafe to change lanes approaching stationary emergency vehicle. (FAILED)
Speeding/Reckless Driving
HB 1692 (Stolle) - Speed limits; Transportation Commissioner, et al., may set based on traffic conditions, etc. Allows the City of Virginia Beach to set variable speed limits on highways within its jurisdiction to be effective under conditions such as darkness, traffic conditions, atmospheric conditions, weather emergencies, and like conditions that may affect driving safety. (PASSED HOUSE; SENATE ACTION PENDING)
HB 2322 (Carrico) - Speeding; reckless driving. Raises the threshold for per se reckless driving for speeding from 80 miles per hour to 90 miles per hour, though the threshold of 20 miles per hour or more in excess of the applicable speed limit remains unchanged. The bill also imposes a fine on speeding of $50 per mile-per-hour in excess of 80 miles per hour. The fine for speeding at speeds of 80 miles per hour or less remains at $6 per mile-per-hour in excess of the applicable speed limit. (FAILED)
HB 2349 (Morrissey) - Maximum speed limits; Provides that the maximum speed limit shall be 60 miles per hour where indicated by lawfully placed signs, erected subsequent to a traffic engineering study and analysis of available and appropriate accident and law-enforcement data, on primary highways where they are non-limited access, multilane, divided highways. (FAILED)
HB 2350 (Morrissey) - Reckless driving; person driving in excess of 20 mph over speed limit is guilty. (FAILED)
SB 1018 (Puckett) - Vehicle race; Raises the penalty for causing the death of another person while engaging in a vehicle race to a mandatory minimum 20 years. The current penalty is a term of confinement of not less than one nor more than 20 years, one year of which is a mandatory minimum term of confinement. The racing must be done in a manner so gross, wanton and culpable as to show a reckless disregard for human life. (FAILED)
SB 1331 (Herring) - Speed limits. Allows municipalities that maintain their own roads to increase speed limits up to 45 mph on four-lane divided highways. (PASSED HOUSE AND SENATE WITH AMENDMENTS; GOVERNOR’S ACTION PENDING)
Commercial Motor Vehicles
HB 1426 (Oder) – Taxicabs; markings and roof signs. Requires taxicabs to have markings and roof signs identifying them as operating as taxicabs or performing taxicab services. (PASSED; GOVERNOR SIGNED INTO EMERGENCY ENACTMENT 2/4/11)
HB 1945 (Cox, J.) - Motor carriers; Revises statutes relating to motor carriers, including requiring DMV to simply notify localities of the issuance of overweight and oversize permits and eliminating the requirement for for-hire contract passenger carriers and irregular-route common carriers to prove public convenience and necessity when applying for a license. The bill also updates Virginia law on commercial driver’s licenses to comply with federal requirements. (PASSED HOUSE AND SENATE WITH AMENDMENTS; GOVERNOR’S ACTION PENDING)
HB 1946 (Cox, J.) - Commercial vehicles; Prohibits driving of commercial vehicles on the left-most lanes of interstate highways except where (i) the posted speed limit is less than 65 miles per hour or (ii) the average annual daily traffic exceeds 10,000 vehicles per lane per day. (FAILED)
Emergency Response/Pursuit Driving
HB 1403 (Loupassi) – Forfeiture of vehicle used to elude police. Provides that any vehicle driven to elude police and in such a manner as to interfere with or endanger the operation of a law-enforcement vehicle or officer or to endanger a person (in violation of subsection B of § 46.2-817) shall be forfeited and sold by the sheriff. The proceeds of the sale are to be delivered to the Literary Fund. Amended to provide for seizure for felony offense of eluding police. (PASSED HOUSE; FAILED IN SENATE)
HB 2213 (McQuinn) - Driver training standards for law-enforcement emergency calls and pursuits. Provides that the Department of Criminal Justice Services shall establish training standards and publish a model policy for law-enforcement personnel assigned to vehicle patrol duties that comply with best practices for responding to emergency calls and pursuits. (PASSED HOUSE, SENATE ACTION PENDING)
SB 762 (Puller) – Emergency vehicles proceeding past red lights. Provides that emergency vehicles proceeding past any steady or flashing red signals, traffic lights, stop signs, or other devices indicating moving traffic shall stop must sound a siren, exhaust whistle, or air horn designed to give automatically intermittent signals or bring the vehicle to a complete stop before proceeding with due regard to the safety of persons and property. (PASSED SENATE; AMENDED BY HOUSE COMMITTEE, HOUSE ACTION PENDING)
Back to Winter 2011 Newsletter Home |
