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2013 SESSION

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Senate Committee on Transportation

Chairman: Stephen D. Newman

Clerk: Maribeth Turner, Jocelyn Lance
Staff: Nicole Brenner, Alan Wambold
Date of Meeting: January 16, 2013
Time and Place: Wednesday, 1/2 Hour after Adjournment, Senate Room A

S.B. 694 Reckless driving; removes driving in excess of 80 mph, etc.

Patron: Black

Reckless driving.Removes the finding of reckless driving for driving at speeds in excess of 80 miles per hour regardless of the applicable maximum speed limit.

A BILL to amend and reenact § 46.2-862 of the Code of Virginia, relating to reckless driving.

13100379D

S.B. 705 Child restraint devices; penalty if child suffers injury or death.

Patron: Stuart

Child restraint devices; penalty. Expands the violation of the Child Restraints article to include a misdemeanor for a violation where the child suffers injury or death.

A BILL to amend and reenact § 46.2-1098 of the Code of Virginia, relating to child restraint devices; penalty.

13100826D

S.B. 713 Public-Private Transportation Act; definition of transportation facility, port facility excluded.

Patron: Lucas

Public-Private Transportation Act; definition of transportation facility; port facility excluded. Removes port facility as defined in § 62.1-140 from the definition of "transportation facility" under the Public-Private Transportation Act.

A BILL to amend and reenact §§ 56-557 and 56-559 of the Code of Virginia, relating to the Public-Private Transportation Act; definition of transportation facility; port facility excluded.

13101013D

S.B. 715 Motor vehicle titles, etc.; provides for transfer to designated beneficiary upon death of owner.

Patron: Black

Transfer of vehicles on death. Provides for the transfer of title to motor vehicles, trailers, and semitrailers to a designated beneficiary upon the death of the owner.

A BILL to amend the Code of Virginia by adding a section numbered 46.2-633.2, relating to the transfer of title to vehicles.

13100675D

S.B. 716 Virginia ports; change in ownership.

Patron: Black

Virginia ports; change in ownership. Requires approval of both the Governor and the General Assembly before any change in ownership of any Virginia port is permitted.

A BILL to amend and reenact § 62.1-132.19 of the Code of Virginia, relating to change in ownership of any Virginia port.

13101223D

S.B. 732 Commonwealth Transportation Board; increases number of membership, changes areas of representation.

Patron: Petersen

Composition of the Commonwealth Transportation Board. Increases the number of members of the Commonwealth Transportation Board to 18, by the addition of one citizen member, and changes the areas of representation from the construction districts to the congressional districts.

A BILL to amend and reenact §§ 33.1-1 and 33.1-2 of the Code of Virginia, relating to composition of the Commonwealth Transportation Board.

13100540D

S.B. 736 Motor vehicle doors; requires drivers and passengers to wait for reasonable opportunity to open.

Patron: Petersen

Opening and closing motor vehicle doors. Requires drivers and passengers to wait for a reasonable opportunity to open vehicle doors on the side adjacent to moving traffic. The bill also requires that in this case vehicle doors only be left open as long as necessary. A violation constitutes a traffic infraction punishable by a fine of not more than $100.

A BILL to amend the Code of Virginia by adding a section numbered 46.2-818.1, relating to opening and closing of motor vehicle doors.

13100546D

S.B. 770 Driver improvement clinics; increases cap that clinics may charge for courses.

Patron: Wagner

Fees for driver improvement clinics. Increases the cap that clinics may charge for driver improvement courses from $75 to $100.

A BILL to amend and reenact § 46.2-502 of the Code of Virginia, relating to fees for driver improvement clinics.

13101235D

S.B. 771 License plates; display of a single plate on registered vehicles.

Patron: Wagner

Number and display of vehicle license plates. Reduces the number of license plates furnished by DMV to registered motor vehicles from two to one and requires the single license plate to be attached to the rear of the vehicle.

A BILL to amend and reenact §§ 46.2-711 and 46.2-715 of the Code of Virginia, relating to display of license plates on vehicles.

13101237D

S.B. 794 Disabled parking placards; physicians may issue to patients.

Patron: Garrett

Temporary removable windshield placards. Allows licensed physicians to issue temporary removable windshield parking placards to patients with a temporary disability that limits or impairs their ability to walk. Current law allows only the Department of Motor Vehicles to issue removable windshield parking placards.

A BILL to amend and reenact §§ 46.2-1241 and 46.2-1242 of the Code of Virginia, relating to disabled parking placards.

13100719D

S.B. 815 Driver training schools; length of daily instruction.

Patron: Wagner

Driver training schools; length of daily instruction. Authorizes a driver training school Class B licensee to determine the length of daily instruction.

A BILL to amend and reenact § 46.2-1702 of the Code of Virginia, relating to driver training schools; length of daily instruction.

13101236D

S.B. 820 Billboards; establishes conditions under which certain signs may be relocated.

Patron: Puckett

Billboards. Establishes conditions under which certain billboard signs may be relocated if land on which the billboard sign is located is acquired by eminent domain in connection with a highway project.

A BILL to amend the Code of Virginia by adding a section numbered 33.1-95.2, relating to adjustment or relocation of certain billboard signs.

13101768D

S.B. 837 License plates, special; issuance to supporters of Washington Nationals baseball team.

Patron: Barker

Special license plates; supporters of the Washington National baseball team. Authorizes the issuance of revenue-sharing special license plates for supporters of the Washington Nationals baseball team to support the Washington Nationals Dream Foundation.

A BILL to authorize the issuance of special license plates for supporters of the Washington Nationals baseball team; fees.

13100730D

S.B. 875 Provisional driver's license holders; changes from secondary offense to primary use of cell phones.

Patron: Barker

Provisional driver's license holders. Changes from a secondary offense to a primary offense use of a cell phone by a provisional driver's license holder.

A BILL to amend and reenact § 46.2-334.01 of the Code of Virginia, relating to use of wireless telecommunications devices by holders of provisional driver's licenses.

13102739D

S.B. 887 Farm use vehicles; increases distance vehicles used for may travel.

Patron: Deeds

Farm use vehicles. Increases the distance that farm use vehicles used for agricultural and horticultural purposes and the seasonal transportation of produce and livestock may travel on the highways from 30 to 50 miles.

A BILL to amend and reenact §§ 46.2-665 and 46.2-666 of the Code of Virginia, relating to farm use vehicles.

13101744D

S.B. 888 Advertising; payment of penalties & costs associated with enforcement of prohibition on certain.

Patron: Deeds

Advertising within highway rights-of-way. Provides that penalties and costs collected as the result of an agreement between the Commissioner of Highways and a locality to enforce the prohibition on advertising within highway rights-of-way shall be paid to the locality.

A BILL to amend and reenact § 33.1-373 of the Code of Virginia, relating to payment of penalties and costs associated with enforcement of prohibition on certain advertising.

13101751D

S.B. 892 Department of Motor Vehicles; vehicles used by commercial fishermen.

Patron: Stuart

Department of Motor Vehicles; vehicles used by commercial fishermen. Provides that a commercial fisherman who(i)transports boats or other equipment used in commercial fishing no more than100 miles between his place of residence or business and the seashore and waters or (ii) uses any motor vehicle, trailer, or semitrailer to transport harvested seafood no more than 100 miles between the place where the seafood is first brought ashore and his place of business or point of first sale shall not be required to obtain a registration certificate, license plates, and decals or pay a registration fee for such vehicles. Currently the exemption applies only if the distance from the shore to the place of business or point of first sale is no more than 30 miles. The bill clarifies that the exemption applies to the commercial fisherman's boat trailer.

A BILL to amend and reenact § 46.2-674 of the Code of Virginia, relating to Department of Motor Vehicles; vehicles used by commercial fishermen.

13103144D

S.B. 904 Motorcycle titling; purchase of new motorcycles for parts.

Patron: Reeves

Motorcycle titling; purchase of new motorcycles for parts. Allows licensed motorcycle manufacturers with a salvage dealer license to purchase new motorcycles of a different line-make for parts without obtaining a certificate of title.

A BILL to amend and reenact § 46.2-600 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 46.2-626.1, relating to the purchase of a new motorcycle for parts.

13101089D

S.B. 948 State Police, Department of; accident reports may be retained in hard copy or electronic form.

Patron: Carrico

Department of State Police; crash reports maintained by the Department. Provides that the Department of State Police may retain certain automobile accident reports and furnish copies of such reports in either hard copy or electronic form. Under current law, the Department must retain such reports only in hard copy form.

A BILL to amend and reenact § 46.2-380 of the Code of Virginia, relating to the Department of State Police; crash reports maintained by the Department.

13103306D

S.B. 959 Pedestrians, etc; local government to adopt ordinances requiring to stop at marked crosswalks.

Patron: Favola

Crossing highways. Allows local governing bodies to adopt ordinances requiring users of shared-use paths to stop before crossing highways at marked crosswalks.

A BILL to amend and reenact § 46.2-924 of the Code of Virginia, relating to crossing of certain highways by pedestrians and other shared-path users; local ordinances.

13103491D

S.B. 975 Smoking; unlawful for person to smoke in motor vehicle with minor present, civil penalty.

Patron: Northam

Smoking in vehicle with minor present. Provides that any person who smokes in a motor vehicle, whether in motion or at rest, when a minor under the age of 15 is in the motor vehicle is subject to a civil penalty of $100. The offense may be charged on a uniform traffic summons.

A BILL to amend the Code of Virginia by adding a section numbered 46.2-112.1, relating to smoking in motor vehicles; presence of minor under age 15; civil penalty.

13102217D

S.B. 978 License plates, special; issuance to supporters of Eastern Shore business community.

Patron: Northam

Special license plates supporting Eastern Shore business community. Authorizes the issuance of revenue-sharing special license plates supporting education, charity, and scientific study for Virginia's Eastern Shore business community.

A BILL to amend and reenact § 46.2-749.7:3 of the Code of Virginia, relating to special license plates for supporting the Eastern Shore business community; fees.

13102513D

S.B. 981 Handheld personal communications devices; use in specified school zones prohibited, penalty.

Patron: Howell

School zones; use of certain devices by drivers prohibited. Provides that any person who operates a moving motor vehicle within a school zone or school crossing zone while using any handheld personal communications device in any manner for any purpose is guilty of a traffic infraction punishable by a fine of no more than $250. The bill also provides that signs marking school zones shall contain a notice indicating that the use of handheld personal communications devices is prohibited within the zones.

A BILL to amend the Code of Virginia by adding a section numbered 46.2-1078.2, relating to use of handheld personal communications devices in specified school zones; penalty.

13103147D

S.B. 1005 Handheld personal communications devices; using while driving on bridge or tunnel, primary offense.

Patron: McWaters

Use of a handheld personal communications device while driving. Makes using a handheld personal communication device while driving on a bridge or in a tunnel a primary offense. All other offenses involving the use of a handheld personal communication device while driving remain secondary offenses. The bill also increases the penalty for causing an accident because of the use of a handheld personal communications device while driving on a bridge or in a tunnel to $150 for a first offense and $250 for a second or subsequent offense.

A BILL to amend and reenact § 46.2-1078.1 of the Code of Virginia, relating to use of handheld personal communications devices while operating a motor vehicle.

13100467D

S.B. 1050 Extension of loads beyond front of vehicles.

Patron: McDougle

Extension of loads beyond front of vehicles. Allows loads to extend 10 feet beyond the front of the vehicle for utility poles during the daytime and for emergency utility repair at night. Under current law, no vehicle is allowed to carry a load that extends more than three feet beyond the front of the vehicle.

A BILL to amend and reenact § 46.2-1120 of the Code of Virginia, relating to the extension of loads beyond the front of vehicles.

13101557D

S.B. 1051 Dealer franchises; administrative fees and penalties.

Patron: McDougle

Dealer franchises; administrative fees and penalties. Extends the protection that dealers currently retain for chargebacks to administrative fees and other penalties. Current law protects dealers who seek to challenge chargebacks for warranty and sales incentive claims from having the disputed amounts taken from open accounts with the manufacturer while the dispute is ongoing. This bill extends this protection to dealers challenging a manufacturer's imposition of administrative fees and other penalties. The bill contains technical amendments.

A BILL to amend and reenact § 46.2-1571 of the Code of Virginia, relating to challenging the imposition of financial penalties on motor vehicle dealers.

13101539D

S.B. 1075 Transportation planning and projects.

Patron: Barker

Transportation planning and projects. Requires a locality to repay the Department when a locality requests termination of a project and the Department does not agree to the termination. The bill also expands the step before a locality requests alterations to a project to include the approval of project scope and final engineering by the Department.

A BILL to amend and reenact § 33.1-12 of the Code of Virginia, relating to transportation projects and planning.

13103476D

S.B. 1102 Emissions inspection exemption.

Patron: Ebbin

Emissions inspection exemption. Decreases the minimum miles per gallon rating required to be exempt from emissions inspection testing from 50 to 48 miles per gallon.

A BILL to amend and reenact § 46.2-1178 of the Code of Virginia, relating to emissions inspection exemption.

13103074D

S.B. 1160 Driving while texting; primary offense, increased penalties.

Patron: Barker

Driving while texting; primary offense; increased penalties. Provides that driving while texting is a traffic infraction punishable, for a first offense, by a fine of $250 and, for a second or subsequent offense, by a fine of $500. The current penalties are $20 for a first offense and $50 for a second or subsequent offense. The bill also changes the offense from a secondary offense (one that can only be charged when the offender is stopped for another, separate offense) to a primary offense. The bill also provides that a violation of this provision does not preclude prosecution under any other applicable provision of the criminal law or of the law governing the operation of motor vehicles.

A BILL to amend and reenact § 46.2-1078.1 of the Code of Virginia, relating to penalty for texting while driving; primary offense.

13103482D

S.B. 1165 Driver's licenses, provisional; person under age 18 certain restrictions.

Patron: Newman

Provisional driver's licenses. Provides that the holder of a provisional driver's license under age 18 is not authorized to operate a motor vehicle with more than one passenger who is (i) less than 21 years old and (ii) not a member of the driver's family or household. Under current law, the holder of a provisional driver's license under age 18 is not authorized to operate a motor vehicle with more than three passengers who are (i) less than 18 years old and (ii) not members of the driver's family or household.

A BILL to amend and reenact § 46.2-334.01 of the Code of Virginia, relating to provisional driver's licenses.

13102649D

S.B. 1166 Littering and illegal dumping; community service.

Patron: Smith

Littering and illegal dumping; community service. Provides that when a person is convicted of illegally dumping or disposing of garbage or refuse on public property or on private property without the permission of the owner, the court shall order a mandatory minimum of 10 hours of community service. Under current law, community service in litter abatement may be ordered in lieu of confinement in jail and is not mandatory.

A BILL to amend and reenact § 33.1-346 of the Code of Virginia and to repeal § 33.1-346.1 of the Code of Virginia, relating to littering and illegal dumping; community service.

13102620D

S.B. 1200 Traffic regulation; conforms Title 46.2 to changes to Manual on Uniform Traffic Control Devices.

Patron: Smith

Regulation of traffic. Conforms Title 46.2 (Motor Vehicles) of the Code of Virginia to recent changes to the Manual on Uniform Traffic Control Devices.

A BILL to amend and reenact §§ 46.2-100, 46.2-804, 46.2-805, 46.2-807, 46.2-821, 46.2-822, 46.2-826, 46.2-830, 46.2-831, 46.2-832, 46.2-833, 46.2-834, 46.2-835, 46.2-836, and 46.2-846 of the Code of Virginia, relating to motor vehicles and the regulation of traffic.

13103594D

S.B. 1204 HOT Lanes.

Patron: McDougle

HOT Lanes. Allows state and law-enforcement vehicles, firefighting trucks, ambulances, and rescue squad vehicles to enter HOT lanes by crossing a barrier or buffer and not be guilty of reckless driving.

A BILL to amend and reenact § 33.1-56.3 of the Code of Virginia, relating to law-enforcement vehicles, firefighting trucks, ambulances, and rescue squad vehicles entering HOT lanes by crossing barriers.

13101874D

S.B. 1209 Commonwealth Transportation Board and Commissioner of Highways; powers and duties.

Patron: Stuart

Powers and duties of the Commissioner of Highways and the Commonwealth Transportation Board. Amends the powers and duties of the Commissioner of Highways and the Commonwealth Transportation Board to create new efficiencies and streamline procedures by granting the Commissioner greater authority over administrative operations, matters involving the practice of civil engineering, and interaction with stakeholders.

A BILL to amend and reenact §§ 2.2-507, 5.1-49, 15.2-2108.23, 15.2-2223, 22.1-205, 28.2-555, 33.1-7, 33.1-11, 33.1-12, 33.1-23.03:7, 33.1-56, 33.1-61, 33.1-69.2, 33.1-183.1, 33.1-195, 33.1-196, 33.1-201, 33.1-207, 33.1-208, 33.1-229, 33.1-293, 33.1-342, 33.1-343, 33.1-370, 36-98.1, 46.2-804, 46.2-806, 46.2-830, 46.2-831, 46.2-847, 46.2-878.2, 46.2-889, 46.2-924, 46.2-1041, 46.2-1046, 46.2-1107, 46.2-1108, 46.2-1109, 46.2-1112, 46.2-1114, 46.2-1116, 46.2-1117, 53.1-56, 53.1-57, 56-258, 56-462, 67-1101, and 67-1103 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 33.1-13.05, 33.1-23.5:3, 33.1-89.3, and 33.1-190.4, relating to the powers and duties of the Commonwealth Transportation Board, the Commissioner of Highways, the Department of Transportation, and the Department of Rail and Public Transportation.

13101418D

S.B. 1210 Transportation commission membership.

Patron: Stuart

Transportation commission membership. Gives the Chairman of the Commonwealth Transportation Board or his designee equal voting weight on the Virginia Railway Express oversight board. The bill also provides that the Chairman of the Commonwealth Transportation Board or his designee shall be included for purposes of constituting a quorum on certain transportation commissions and shall have voting rights equal to the appointees of component governments.

A BILL to amend and reenact §§ 15.2-4507 and 15.2-4512 of the Code of Virginia, relating to transportation commission membership.

13103705D

S.B. 1218 DMV; customer service.

Patron: Newman

DMV; customer service. Modifies requirements for (i) release by DMV of vehicle title information, (ii) automated electronic payments to the DMV, (iii) temporary motorcycle operator licenses, and (iv) deactivation, extension, and reactivation of vehicle registration.

A BILL to amend and reenact §§ 46.2-208, 46.2-328, 46.2-337, 46.2-707, and 46.2-752.1 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 46.2-212.2, 46.2-646.1, and 46.2-1183.1, relating to the Department of Motor Vehicles; comprehensive customer service.

13101397D

S.B. 1219 Motor carrier and commercial drivers; amends several licensing laws.

Patron: Newman

Motor carrier and commercial driver's licensing. Amends several motor carrier and commercial driver's licensing laws. The bill clarifies and strengthens fitness and operating authority requirements for intrastate motor carriers. It also enables Virginia to comply with new Federal Motor Carrier Safety Administration regulation amendments regarding commercial motor vehicles and a prohibition on texting in commercial motor vehicles, and it codifies federal commercial driver's license requirements.

A BILL to amend and reenact §§ 19.2-389, 46.2-311, 46.2-324.1, 46.2-341.4, 46.2-341.7, 46.2-341.8, 46.2-341.9, 46.2-341.10, 46.2-341.12, 46.2-341.14, 46.2-341.15, 46.2-341.16, 46.2-341.20, 46.2-348, 46.2-1076, 46.2-2001.1, 46.2-2001.3, 46.2-2005, 46.2-2011.9, 46.2-2011.11, 46.2-2011.23, 46.2-2011.24, 46.2-2099.19, 46.2-2108.4, 46.2-2122, 46.2-2132, 46.2-2133, and 46.2-2176 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 46.2-341.14:1 through 46.2-341.14:10, 46.2-341.20:4, 46.2-341.20:5, and 46.2-341.20:6, relating to motor carriers and commercial driver's licenses; penalties.

13103586D

S.B. 1222 Reckless driving; using a handheld personal communications device, penalty.

Patron: Norment

Reckless driving; using a handheld communications device; penalty. Provides that driving while simultaneously using a handheld communications device for something other than verbal communication constitutes driving a motor vehicle that is not under proper control, punishable as reckless driving, a Class 1 misdemeanor. Under current law, the more specific offense of "texting while driving" (repealed by this bill) incurs a $20 fine and is a secondary offense, which means that a law-enforcement officer must have cause to stop or detain a driver for some other violation, the primary offense, before issuing a citation for texting while driving, the secondary offense.

A BILL to amend and reenact §§ 46.2-341.20 and 46.2-853 of the Code of Virginia and to repeal § 46.2-1078.1 of the Code of Virginia, relating to unlawful use of handheld personal communications devices while driving; penalty.

13102174D