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2017 SESSION

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Senate Committee on Transportation

Chairman: Charles W. Carrico, Sr.

Clerk: Eric Binham, Eric Barton
Staff: B. Jamerson, C. Noonann
Date of Meeting: January 25, 2017
Time and Place: 30 minutes after Adjournment/Senate Room A
Updated to ADD SB1223

S.B. 863 Operating a motor vehicle; obstructed view; secondary offense.

Patron: Surovell

Operating a motor vehicle; obstructed view; secondary offense. Changes the offense of operating a motor vehicle with an object suspended in such vehicle that obstructs the driver's clear view of the highway from a primary offense to a secondary offense (one that can only be charged when the offender is stopped for another, separate offense).

A BILL to amend and reenact § 46.2-1054 of the Code of Virginia, relating to operating a motor vehicle; obstructed view; secondary offense.

17100040D

S.B. 887 Prioritization of statewide transportation projects; exceptions.

Patron: Chafin

Prioritization of statewide transportation projects; exceptions. Exempts projects on U.S. Route 121, commonly known as the Coalfield Expressway, and U.S. Route 460 from the prioritization process that the Commonwealth Transportation oard applies to projects for state funding.

A BILL to amend and reenact § 33.2-214.1 of the Code of Virginia, relating to prioritization of statewide transportation projects; exceptions.

17101159D

S.B. 921 Commonwealth Transportation Board; statewide prioritization process.

Patron: Edwards

Commonwealth Transportation Board; statewide prioritization process. Requires travel time reliability to be one of the factors used by the Commonwealth Transportation Board in its statewide prioritization process.

A BILL to amend and reenact § 33.2-214.1 of the Code of Virginia, relating to Commonwealth Transportation Board; factors for project selection.

17102758D

S.B. 1004 Judicial discretion for toll violations.

Patron: Ebbin

Judicial discretion for toll violations. Requires a court to consider extenuating circumstances in assessing civil penalties for toll violations.

A BILL to amend and reenact §§ 33.2-503 and 46.2-819 of the Code of Virginia, relating to judicial discretion for toll violations.

17100820D

S.B. 1021 Failure to obey highway sign where driver sleeping or resting; prepayable offense.

Patron: Barker

Failure to obey highway sign where driver sleeping or resting; prepayable offense. Provides that the failure to obey a highway sign due to the driver's sleeping or resting in his vehicle on the shoulder of the highway is a prepayable offense.

A BILL to amend and reenact §§ 16.1-69.40:1 and 46.2-830.1 of the Code of Virginia, relating to failure to obey highway sign where driver sleeping or resting; prepayable offense.

17102922D

S.B. 1070 Speed monitoring systems.

Patron: Deeds

Speed monitoring systems. Provides that a locality may, by ordinance, establish a speed enforcement program utilizing an automated speed monitoring system that creates recorded images of vehicles traveling at least 10 miles per hour in excess of the maximum applicable speed limit. The penalty imposed for violating applicable speed limits where such violation is established by recorded images produced by a speed monitoring system cannot exceed $50. The bill provides that a locality may only install and operate a speed monitoring system at residence districts, school crossing zones, and highway work zones. The procedures for operating a speed monitoring system and issuing summons to violators and the rights of such violators, including the right to appeal to circuit court, parallel those currently in place for red light violations recorded by photo-monitoring systems at traffic lights.

A BILL to amend and reenact §§ 2.2-1112, 46.2-208, and 46.2-882 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 46.2-882.1, relating to speed monitoring systems.

17101830D

S.B. 1077 Disabled parking placards; certification by licensed clinical social workers to DMV.

Patron: Deeds

Issuance of disabled parking placards. Allows licensed clinical social workers to certify to the Department of Motor Vehicles a person's disability that limits or impairs his ability to walk for the purpose of obtaining a disabled parking placard.

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

17102912D

S.B. 1207 Electric personal delivery devices; operation on sidewalks and shared-use paths

Patron: DeSteph

Electric personal delivery devices. Allows for the operation of electric personal delivery devices on the sidewalks and shared-use paths and across roadways on crosswalks in the Commonwealth unless otherwise prohibited by a locality. The bill directs that such devices shall not be considered vehicles and are exempt from the motor carrier provisions of Title 46.2 (Motor Vehicles).

A BILL to amend and reenact §§ 46.2-100, 46.2-904, 46.2-908, 46.2-908.1, 46.2-1015, and 46.2-2101 of the Code of Virginia and 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 electric personal delivery devices.

17101934D

S.B. 1223 Riding bicycle, electric personal assistive mobility device, etc., while intoxicated; penalty.

Patron: Barker

Riding bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped while intoxicated; penalty. Provides that any person operating a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped on a highway while intoxicated is guilty of a Class 2 misdemeanor.

A BILL to amend the Code of Virginia by adding a section numbered 46.2-905.1, relating to riding bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped while intoxicated.

17102947D

S.B. 1272 Nonresident Violator Compact; codification.

Patron: McDougle

Nonresident Violator Compact; codification. Codifies the text of the Nonresident Violator Compact of 1977. The bill removes duplicative provisions of the Code of Virginia. This bill is a recommendation of the Virginia Code Commission.

A BILL to amend and reenact §§ 46.2-945 and 46.2-946 of the Code of Virginia, to amend the Code of Virginia by adding sections numbered 46.2-944.1 and 46.2-944.2, and to repeal § 46.2-944 of the Code of Virginia, relating to the Nonresident Violator Compact of 1977.

17100700D

S.B. 1316 Trucks; overweight permits for hauling asphalt.

Patron: Carrico

Overweight permits for trucks hauling asphalt. Adds trucks hauling asphalt to those vehicles whose owner or operator may obtain an overweight permit from the Commissioner of the Department of Motor Vehicles to operate in counties that impose a severance tax on gases or a severance license tax on coal producers. The bill specifies that vehicles with six axles must have no less than 40 feet between extreme axles to exceed gross weight limitations.

A BILL to amend and reenact § 46.2-1143 of the Code of Virginia, relating to maximum gross weight and overweight permits for trucks hauling asphalt.

17101226D

S.B. 1331 Transportation planning activities; responsibility of Office of Intermodal Planning and Investment.

Patron: Carrico

Department of Transportation; Office of Intermodal Planning and Investment of the Secretary of Transportation; responsibilities. Shifts responsibilities for transportation planning activities from the Virginia Department of Transportation (VDOT) to the Office of Intermodal Planning and Investment of the Secretary of Transportation. The bill specifies VDOT's core functions and limits the agency's duties to those core functions. The bill requires transparency in the development of the Six-Year Improvement Program by the Commonwealth Transportation Board (CTB) and requires the CTB and VDOT to make public certain information related to the selection of projects.

A BILL to amend and reenact §§ 2.2-229, 33.2-214, 33.2-214.1, 33.2-222, and 33.2-256 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 33.2-214.2, relating to Department of Transportation; Office of Intermodal Planning and Investment of the Secretary of Transportation; responsibilities.

17103827D

S.B. 1338 Bicycle lane; penalty for driver to pass another vehicle using lane.

Patron: Surovell

Passing in a bicycle lane; penalty. Provides that the driver of a motor vehicle who uses a bicycle lane to pass or attempt to pass another vehicle is guilty of reckless driving.

A BILL to amend and reenact § 46.2-854 of the Code of Virginia, relating to passing in a bicycle lane; penalty.

17103609D

S.B. 1339 Careless driving; cause of injury to vulnerable road user.

Patron: Surovell

Careless driving; cause of injury to vulnerable road user. Provides that a person who operates a motor vehicle in a careless or distracted manner and is the proximate cause of serious physical injury to a vulnerable road user, defined in the bill as a pedestrian or person riding a bicycle, electric wheelchair, electric bicycle, wheelchair, skateboard, skates, foot-scooter, animal, or animal-drawn vehicle, is guilty of a Class 1 misdemeanor and shall have his license suspended.

A BILL to amend the Code of Virginia by adding a section numbered 46.2-816.1, relating to careless driving and infliction of injury on vulnerable road users.

17102825D

S.B. 1340 Towing; regulations.

Patron: Surovell

Regulation of towing. Includes as violations of the Virginia Consumer Protection Act prohibited acts by tow truck drivers and towing and recovery operators, violations of police towing, and violations of local ordinances regulating police towing, price, and trespass towing.

A BILL to amend and reenact § 59.1-200 of the Code of Virginia, relating to the regulation of tow truck drivers and towing and recovery operators.

17100606D

S.B. 1384 Motor carrier size and weight limitations; with federal law.

Patron: Carrico

Motor carrier size and weight limitations; compliance with federal law. Amends several size and weight provisions to comply with the federal Fixing America's Surface Transportation Act of 2015 (the FAST Act). The bill (i) allows automobile and watercraft carriers to backhaul general cargo; (ii) permits the commercial delivery of towaway trailers within limits prescribed by the FAST Act; (iii) increases the weight limits of certain emergency vehicles, natural gas vehicles, and emergency towing vehicles as required by the FAST Act; (iv) increases the weight at which a vehicle must be inspected at a permanent weighing station; (v) makes overweight permits available for tank vehicles hauling fluid milk; and (vi) permits contractors of a Medicaid Managed Care Organization to obtain a certificate of fitness as a nonemergency medical transportation carrier.

A BILL to amend and reenact §§ 46.2-100, 46.2-1114, 46.2-1129.2, 46.2-1137, 46.2-1139, 46.2-1141, and 46.2-2000 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 46.2-1114.1, 46.2-1117.1, 46.2-1127.1, and 46.2-1151.1, relating to motor carrier size and weight limitations; compliance with federal law.

17102157D

S.B. 1406 Improper driving; penalty.

Patrons: Vogel, Black

Improper driving; penalty. Provides that any person who drives a vehicle on any highway while failing to provide the attention necessary for the safe operation of the vehicle but when such conduct does not constitute reckless driving is guilty of improper driving. The bill provides that improper driving is a punishable as a traffic infraction punishable by a fine of $300. Current law establishes a mechanism by which a person charged with reckless driving may be found guilty of improper driving and not guilty of reckless driving or an attorney for the Commonwealth may reduce a charge of reckless driving to improper driving. The bill leaves that current mechanism in place.

A BILL to amend and reenact § 46.2-869 of the Code of Virginia, relating to improper driving; penalty.

17103061D

S.B. 1409 Reckless driving; raises threshold for speeding.

Patron: Suetterlein

Reckless driving; exceeding speed limit. Raises from 80 to 85 miles per hour the speed above which a person who drives a motor vehicle on the highways in the Commonwealth is guilty of reckless driving 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; exceeding speed limit.

17100426D

S.B. 1417 Commercial air service plan; Virginia Aviation Board to develop and review.

Patron: Newman

Commercial air service plan. Requires the Virginia Aviation Board to develop and review every five years a commercial air service plan and requires airports to comply with such plan prior to allocation of funds from the Commonwealth Airport Fund.

A BILL to amend the Code of Virginia by adding a section numbered 5.1-2.2:2, relating to Virginia Aviation Board; commercial air service plan.

17102153D

S.B. 1468 Tow truck drivers and towing and recovery operators; civil penalty for improper towing.

Patron: Marsden

Tow truck drivers and towing and recovery operators; requirements; penalties. Creates a civil penalty of $100 to be paid into the Literary Fund for any tow truck driver or towing and recovery operator convicted of improperly towing. The bill exempts Planning District 8 (Northern Virginia) from any requirement by a towing advisory board for written authorization in addition to a written contract in the event that a vehicle is being removed from private property. The bill requires that a tow truck driver immediately notify the animal control office in the locality from which the vehicle is being towed if the vehicle is occupied by a companion animal. The bill raises the hookup and initial towing fee in Planning District 8 (Northern Virginia) from $135 to $150. The bill requires the chairman of any towing advisory board within Planning District 8 (Northern Virginia) to be a representative of a licensed towing and recovery operator and limits the membership of such boards to only representatives of local law-enforcement agencies, representatives of licensed towing and recovery operators, and one member of the general public. The bill adds improper towing as a prohibited act under the Virginia Consumer Protection Act (§ 59.1-196 et seq.).

A BILL to amend and reenact §§ 46.2-119, 46.2-1232, 46.2-1233, 46.2-1233.2, and 59.1-200 of the Code of Virginia, relating to tow truck drivers and towing and recovery operators; requirements; civil penalties.

17101890D

S.B. 1486 Law-enforcement officer; report of officer involved in accident.

Patron: Stuart

Report of law-enforcement officer involved in accident. Provides that any law-enforcement officer who is listed as a driver in a motor vehicle accident report submitted to the Department of Motor Vehicles will not have the accident listed on his driving record if he was driving a motor vehicle provided by a law-enforcement agency in the course of his employment and was engaged in law-enforcement activity at the time of such accident.

A BILL to amend the Code of Virginia by adding a section numbered 46.2-373.1, relating to report of law-enforcement officer involved in an accident.

17103284D

S.B. 1494 Transportation network company; brokers allowed to arrange rides with TNC.

Patron: McClellan

Transportation network company; brokers. Allows brokers to arrange rides with transportation network company (TNC) partner vehicles. The bill requires such brokers to be licensed by the Department of Motor Vehicles and includes insurance requirements for TNC partner vehicles operating at the request of a broker.

A BILL to amend and reenact §§ 46.2-2000, 46.2-2001, 46.2-2001.1, 46.2-2011.11, 46.2-2011.14, 46.2-2011.16, 46.2-2011.22, 46.2-2099.17, 46.2-2099.18, 46.2-2099.19, 46.2-2099.48, and 46.2-2099.52 of the Code of Virginia and to amend the Code of Virginia by adding in Article 10 of Chapter 20 a section numbered 46.2-2099.19:1, relating to transportation network company brokers.

17103832D

S.B. 1497 Manufactured home; excludes a park model recreation vehicle from definition.

Patron: Carrico

Manufactured home; definition. Excludes a park model recreation vehicle from the definition of "manufactured home" and defines a park model recreational vehicle as a vehicle that is (i) designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use; (ii) not permanently affixed to real property for use as a permanent dwelling; (iii) built on a single chassis mounted on wheels with a gross trailer area not exceeding 400 square feet in the setup mode; and (iv) certified by the manufacturer as complying with the American National Standards Institute (ANSI) A119.5 Park Model Recreational Vehicle Standard.

A BILL to amend and reenact § 46.2-100 of the Code of Virginia, relating to manufactured homes; definition.

17103559D

S.B. 1506 Applicant Fingerprint Database; Federal Bureau of Investigation records.

Patron: Cosgrove

Applicant Fingerprint Database; Federal Bureau of Investigation records. Authorizes the Department of State Police to submit fingerprints and accompanying records to the Federal Bureau of Investigation (FBI) to be advised through the FBI's Next Generation Identification Rap Back service when an individual subject to a criminal background check is arrested for, or convicted of, a criminal offense not reported to the Department which would disqualify that individual from licensure, certification, employment, or volunteer service with that entity.

A BILL to amend and reenact § 52-46 of the Code of Virginia, relating to Applicant Fingerprint Database; Federal Bureau of Investigation records.

17101608D

S.B. 1510 Handheld photo speed monitoring devices; use by State Police in work zones.

Patron: Carrico

Handheld photo speed monitoring devices. Provides that the Department of State Police may operate a handheld photo speed monitoring device in or around highway work zones on the highways for the purposes of recording the operation of a vehicle in excess of a maximum speed limit established specifically for a highway work zone, when workers are present, and when such highway work zone is indicated by appropriately placed signs displaying the maximum speed limit and the penalty for violations.

A BILL to amend and reenact §§ 46.2-878.1 and 46.2-882 of the Code of Virginia, relating to handheld photo speed monitoring devices.

17104403D

S.B. 1522 Vehicles bearing clean special fuel license plates; use of high-occupancy toll (HOT) lanes.

Patron: McPike

Vehicles bearing clean special fuel license plates; use of high occupancy toll lanes. Exempts vehicles bearing clean special fuel license plates that were obtained from the Department of Motor Vehicles (DMV) before July 1, 2011, from any high occupancy toll lane designation of Interstate 66, and exempts vehicles bearing clean special fuel license plates that were obtained from the DMV before July 1, 2006, from any high occupancy toll lane designation of Interstates 95 and 395 inside the Capital Beltway until January 1, 2020.

A BILL to amend and reenact §§ 33.2-502 and 46.2-749.3 of the Code of Virginia, relating to designation of HOT lanes.

17104410D