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2006 SESSION

063660524
HOUSE BILL NO. 213
Offered January 11, 2006
Prefiled January 3, 2006
A BILL to amend the Code of Virginia by adding in Article 10 of Chapter 10 of Title 46.2 a section numbered 46.2-1077.02, relating to the operation of entertainment equipment.
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Patron-- Tata (By Request)
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Referred to Committee on Transportation
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 10 of Chapter 10 of Title 46.2 a section numbered 46.2-1077.02 as follows:

§ 46.2-1077.02. Unlawful to operate entertainment equipment in distractive manner.

A. It shall be unlawful for any motor vehicle operator, while such vehicle is in operation on any highway or in any location accessible to the general public, to operate or permit a passenger to operate any radio, compact disc or tape player, or similar entertainment equipment contained in or on such vehicle, in such a manner as to, in the judgment of the enforcing officer, (i) impair the ability of the vehicle operator to hear sirens, bells, horns, or similar warning devices; or (ii) distract other operators in the vicinity from safe and proper operation of their vehicles.

B. While the vehicle operator shall be responsible for any violation of this section, the enforcing officer may additionally cite any passenger determined to be at fault.

C. This section shall not apply to a vehicle taking part in a lawfully organized or licensed event where such vehicle contains equipment providing music or other entertainment specifically for the event.

D. Enforcement of this section shall be in addition to enforcement of any local ordinance or other provision related to creating a disturbance.