Wednesday, January 12, 2011
Virginia bicycle-related legislation
Several bills have been filed in Richmond that affect cyclists: Requiring motorists to allow three feet when passing a bicyclist, allowing bicyclists to pass through a red light after a specified period of time, and creating a new infraction, reckless operation of a bicycle, with lower penalties than the current reckless driving law. As we learn more about these bills we will publish it here. During the legislative session, which begins today, Virginia Bicycling Federation tracks bike-related bills on their site.Three feet passing bills:
HOUSE BILL NO. 1683 (SB1683)—A BILL to amend and reenact §§ 46.2-816, 46.2-838, and 46.2-839 of the Code of Virginia, relating to following too close and passing other vehicles. Patron: Delegate David Toscano (D-Charlottesville).
The bill involves three existing sections of VA code:
§ 46.2-816. Following too closely.
The driver of a motor vehicle shall not follow another motor vehicle, trailer, or semitrailer more closely than is reasonable and prudent, having due regard to the speed of both vehicles and the traffic on, and conditions of, the highway at the time.
§ 46.2-838. Passing when overtaking a vehicle.
The driver of any motor vehicle overtaking another vehicle proceeding in the same direction shall pass at least two feet to the left of the overtaken vehicle and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle, except as otherwise provided in this article.
§ 46.2-839. Passing bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle.
Any driver of any vehicle overtaking a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle proceeding in the same direction shall pass at a reasonable speed at leasttwo three feet to the left of the overtaken bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle and shall not again proceed to the right side of the highway until safely clear of such overtaken bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle.
The Senate version of this bill is SENATE BILL NO. 928 (SB928). It contains identical wording as HB1683. Patron: Senator McDougle (R-Hanover).The driver of a motor vehicle shall not follow another
§ 46.2-838. Passing when overtaking a vehicle.
The driver of any motor vehicle overtaking another vehicle proceeding in the same direction shall pass at least two feet to the left of the overtaken vehicle and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle, except as otherwise provided in this article.
§ 46.2-839. Passing bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle.
Any driver of any vehicle overtaking a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle proceeding in the same direction shall pass at a reasonable speed at least
Proceeding through a red light:
HOUSE BILL NO. 1981 (HB1982)- A BILL to amend and reenact § 46.2-833 of the Code of Virginia, relating to traffic lights. Patron: Delegate Tag Greason (R-Potomac Falls)
B. 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, (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.
A similar bill modifies the above so that a bicyclist can proceed through the light if after they have waited for 120 seconds:HOUSE BILL NO. 1991 - A BILL to amend and reenact § 46.2-833 of the Code of Virginia, relating to traffic lights. Patron: Delegate William Janis (R-Glen Allen)
B. 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 120 seconds, (ii) exercises due care as provided by law, (iii) otherwise treats the traffic control devices as a stop sign, and (iv) determines that it is safe to proceed.
Reckless operation of a bicycle:SENATE BILL NO. 905 - A BILL to amend the Code of Virginia by adding in Article 12 of Chapter 8 of Title 46.2 a section numbered 46.2-908.1:1, relating to reckless operation of a bicycle. Patron: Senator Creigh Deeds (D-Bath)
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Article 12 of Chapter 8 of Title 46.2 a section numbered 46.2-908.1:1 as follows:
§ 46.2-908.1:1. Reckless operation of a bicycle.
Any person who operates a bicycle in willful or wanton disregard of the safety of persons or property shall be guilty of reckless cycling. No demerit points shall be awarded by the Commissioner for violations of this section.
1. That the Code of Virginia is amended by adding in Article 12 of Chapter 8 of Title 46.2 a section numbered 46.2-908.1:1 as follows:
§ 46.2-908.1:1. Reckless operation of a bicycle.
Any person who operates a bicycle in willful or wanton disregard of the safety of persons or property shall be guilty of reckless cycling. No demerit points shall be awarded by the Commissioner for violations of this section.
Labels: hb1683, sb928, three feet to pass, virginia
Comments:
How do you feel about Senator Deeds' proposed legislation? Is there potential for backlash under this bill - citing cyclist for "biking recklessly" when (for example) they take the lane? Or do you think it's a purely positive step because it removes the potential of receiving demerits?
Matt,
On the one hand it's good to distinguish between the harm caused by a reckless motorist vs. a bicyclist. On the other hand, cyclists have the same responsibilities as motorists to obey traffic laws. I think it's possible the new law could be abused, either by overly aggressive enforcement or through ignorance of the law as you suggest. I hope to discuss the implications of the proposed law with other cyclists this Friday at a US Bike Route meeting in Ashland.
Bruce
On the one hand it's good to distinguish between the harm caused by a reckless motorist vs. a bicyclist. On the other hand, cyclists have the same responsibilities as motorists to obey traffic laws. I think it's possible the new law could be abused, either by overly aggressive enforcement or through ignorance of the law as you suggest. I hope to discuss the implications of the proposed law with other cyclists this Friday at a US Bike Route meeting in Ashland.
Bruce
Post a Comment