Thursday, March 6, 2014
Following Too Closely bill fails in Senate
While we're excited about the passage of the Three Foot Passing bill, SB 97, we were very disappointed that the Following Too Closely bill, HB 82, failed to report out of the Senate Committee on Transportation.The bill, sponsored by Del. Barbara Comstock of McLean, was approved by the House by a vote of 68-28. Since similar bills have passed the Senate in prior years, we were hopeful it would be approved this year. Unfortunately it failed to report by a vote of 11-4.
Objections were raised about enforceability. In our view, it would be easy to enforce if a cyclist were struck from behind by a motorist. It would be one less argument a motorist could use for hitting a cyclist since it would be illegal to do so. Currently tail-gateing of bicyclists is not illegal in Virginia; it's illegal in all other states.
See the Post article about the bill: More bike legislation scuttled by Virginia lawmakers.
From VBF:
After a decent amount of discussion, and several responses to questions by the State Police Rep to the effect that it was sometimes difficult to do so, but that it was as enforceable as a number of other laws, Sen. Newman of Lynchburg weighed in to the effect that it was primarily an Education problem and that he was suggesting that the bill be referred to some Accountability Commission that I am not familiar with, (and may have the name incorrect for).
Once VBF reports on the next steps for the bill, we'll pass it on.Thanks to Delegate Comstock for sponsoring the bill and working with the bike community to refine the language and work the bill through the House.
Labels: delegate comstock, follow too close, hb 82
Thursday, February 27, 2014
Three Foot Passing bill clears House Transportation Committee; Following Too Close bill fails in Senate
Please contact your Virginia Delegate and ask them to support this bill. To find out your Delegate see a link at the top of the Virginia General Assembly page or visit WABA's action page.
Unfortunately House Bill 82 was defeated in the Senate Transportation Committee. See Virginia Bicycling Federation's account of the vote. Thanks to Delegate Barbara Comstock who sponsored the bill and worked with cyclists to try to get it passed.
Labels: delegate comstock, follow too close, hb 82, sb 97, three feet to pass
Tuesday, February 25, 2014
Following Too Closely bill still alive in Senate
See the Virginia Bicycling Federation update about HB 82, Following Too Closely, introduced by Delegate Comstock of McLean, being reconsidered in the Senate tomorrow, Wed. Feb. 26. The bill passed the house earlier. Please also visit the WABA alert page to register your support.Below is from the VBF update:
Also available as a Word document, please share and use this to get constituents to write to Senate Transportation Committee members, before their meeting Wednesday afternoon, 2/26.
To the Chairman and members of the Senate Transportation Committee of the 2014 Virginia General Assembly:
The Virginia Bicycling Federation respectfully offers the following points for the consideration of the Senators serving on the Senate Transportation Committee with respect to HB 82, known as the “Following Too Closely Bill”
1. This is a simple bill. One word would be removed from the existing § 46.2-816. The statute, as amended, would then be consistent with the Uniform Vehicle Code, which provides, in part:
Uniform Vehicle Code § 11-310— Following too closely
(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
2. Virginia is the only state that explicitly declines to protect all legal users of the roadway from unreasonable and imprudent motorists. 48 states follow the UVC language, and Alabama has vague language, i.e. “driver of a motor vehicle shall not follow … ‘another’ more closely than is reasonable and prudent….” Alabama’s statute then uses “vehicle” elsewhere in the statute – which may be interpreted as meaning that the “another” refers to “another vehicle.”
3. Without this amendment, §46.2-816 is in direct conflict with §46.2-800 which grants the operator of a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, or an animal or driving an animal on a highway the same rights and duties of a driver of a motor vehicle.
4. There is no reason to believe that the proposed revised statute would be any more difficult to enforce than the current statute, which is routinely enforced against drivers who rear-end other drivers. The Virginia State Police have testified, through their representative Danny Glick, that the enforcement of the revised statute would not pose any particular problem.
5. The Senate Transportation Committee has voted overwhelmingly in favor of previous versions of this bill in 2011 (15 -0) and 2012 (14-0) by many of the same committee members now serving. In the Senate, the bill was approved by margins of 40-0 in 2011 and 28-12 in 2012.
6. According to http://novasmartcycling.blogspot.com, the City of Virginia Beach requested this legislation in its Requested Code of Virginia Changes for 2010 and 2011.
For the foregoing reasons, on behalf of Virginia’s cyclists and others who choose not to, or cannot, operate motor vehicles, we, the Virginia Bicycling Federation, respectfully ask you, our elected representatives, to correct this glaring inconsistency within the Virginia Motor Vehicle Code. There is, quite simply, no rational basis for failing to pass this bill.
Labels: delegate comstock, follow too close, hb 82
Sunday, February 16, 2014
Support bike bills in VA legislature
Virginia Delegates and Senators: Support Bicycling!
Virginia bicyclists: now is the time to act. The Virginia legislature is considering three separate bills which addresses street safety for bicyclists. All three bills have survived their respective legislative body and now are crossing over sides. For this bills to become law, they must now pass out the House and Senate. Please take a moment and ask your elected represenatives to support the bicycling bills.
Support: HB 82 — Following Too Closely
This bill would require drivers of any vehicle to not follow more closely than is reasonable any other vehicle, including bicyclists.
Support: SB 97 – Three Foot Passing Law
This bill requires motorists to leave three feet of clearance while passing bicyclists. 22 other states and Washington, DC that have similar statutes require motorists to pass by three feet or more.
Support: SB 225 - Opening and closing motor vehicle doors.
If this law is enacted, drivers and passengers in Virginia will be legally required to exercise care when opening their car doors with respect to adjacent traffic. Dooring of bicyclists by drivers and passengers can cause serious injury and this bill seeks to reduce the potential of dooring.
Thanks to WABA and Virginia Bicycling Federation for their work on this effort.Virginia bicyclists: now is the time to act. The Virginia legislature is considering three separate bills which addresses street safety for bicyclists. All three bills have survived their respective legislative body and now are crossing over sides. For this bills to become law, they must now pass out the House and Senate. Please take a moment and ask your elected represenatives to support the bicycling bills.
Support: HB 82 — Following Too Closely
This bill would require drivers of any vehicle to not follow more closely than is reasonable any other vehicle, including bicyclists.
Support: SB 97 – Three Foot Passing Law
This bill requires motorists to leave three feet of clearance while passing bicyclists. 22 other states and Washington, DC that have similar statutes require motorists to pass by three feet or more.
Support: SB 225 - Opening and closing motor vehicle doors.
If this law is enacted, drivers and passengers in Virginia will be legally required to exercise care when opening their car doors with respect to adjacent traffic. Dooring of bicyclists by drivers and passengers can cause serious injury and this bill seeks to reduce the potential of dooring.
Labels: dooring, follow too close, hb 82, sb 225, sb 97, three feet to pass
Tuesday, January 21, 2014
Following too closely bill moves to full House
Here is a summary from Bud Vye of Virginia Bicycling Federation:
HB82/Don’t follow too closely sailed right out of House Transportation this morning, 17 – 1, with Delegate Barbara Comstock carrying it, and with very little discussion. It now goes on to the House Floor, where EVERYONE in the state can contact their Delegates, giving them a heads up that the bill is on its way, and urging them to support it.
As mentioned previously, Del. Scott Garrett, who is the House Trans Sub 2 Chair, kept his record intact of never* having supported a bill that would help bicyclists or pedestrians, as he cast the lone dissenting vote.
A vote on HB 320, the bill to require motorists to stop at a crosswalk if another motorist is stopped, was delayed so that the language could be discussed further:
As mentioned previously, Del. Scott Garrett, who is the House Trans Sub 2 Chair, kept his record intact of never* having supported a bill that would help bicyclists or pedestrians, as he cast the lone dissenting vote.
The other bill on the docket that we are supporting did not have such smooth sailing, as Del. Kory’s HB320 which will penalize drivers who pass other drivers that are stopped at a RR Xing or Crosswalk with a Pedestrian in it, was Passed By for the Day, after some questions were raised by Dels. Hugo & Habeeb regarding the severity of the penalty. Although this bill was supported by the representative of the State Police about as strongly as he ever supports a bill, and is not really adding that much to the existing code, Chairman Rust gave the impression that the language needed some further discussion with the State Police.
Although being Passed By in this fashion is usually only a brief delay, I wasn’t clear if the motion meant until Thursday, or a full week until next Tuesday’s meeting.
Although being Passed By in this fashion is usually only a brief delay, I wasn’t clear if the motion meant until Thursday, or a full week until next Tuesday’s meeting.
Labels: follow too close, hb 320, hb 82, no passing at crosswalk
