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2019 SESSION

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Senate Committee on Transportation

Chairman: Charles W. Carrico, Sr.

Clerk: Chad Starzer
Staff: Beth Jamerson
Date of Meeting: January 23, 2019
Time and Place: 15 minutes after adjournment, Senate Room 3
Updated to add SB1641, SB1740, SB1716, SB1499, SB1133, and SB1654

S.B. 1029

Patron: Cosgrove

Vehicle inspector certification; nonviolent felon. Prohibits the Superintendent of State Police from promulgating regulations barring an individual from being certified as a vehicle inspector solely because he has previously been convicted of a criminal offense other than a violent felony or an act of violence.

A BILL to amend and reenact § 46.2-1165 of the Code of Virginia, relating to vehicle inspector certification; nonviolent felon.

19100657D

S.B. 1133

Patron: Favola

Virginia Highway Corporation Act of 1988; tolls; distance-based pricing program. Authorizes the operator of the Dulles Greenway to apply annually to the State Corporation Commission, during the period 2020 through 2029, for increases to tolls on the roadway to reflect increases in the Consumer Price Index plus one percent. The measure also requires the operator to complete by January 1, 2023, the construction and installation of improvements required to implement a distance-based pricing program for the roadway. Under the program, users will be charged tolls on the basis of the distance traveled. The operator is required to bear all expenses incurred in implementing the program. The Commission is directed to approve the program, provided that it satisfies conditions that, among other things, set tolls of $1 per mile at all times other than peak hours.

A BILL to amend and reenact § 56-542 of the Code of Virginia, relating to the Virginia Highway Corporation Act of 1988; toll rates.

19103288D

S.B. 1235

Patron: DeSteph

Vehicle inspector certification; criminal history. Prohibits the Superintendent of State Police from promulgating regulations barring an individual from being certified as a vehicle inspector solely because he has previously been convicted of a criminal offense, provided that he (i) is free from any term of incarceration, probation, or postrelease supervision and (ii) has been free from any term of incarceration, has been employed as a mechanic, and has not been convicted of any criminal offense for a period of at least three years prior to the date of application.

A BILL to amend and reenact § 46.2-1165 of the Code of Virginia, relating to vehicle inspector certification; criminal history.

19102142D

S.B. 1333

Patron: Cosgrove

Motor vehicle dealers and manufacturers; franchises; transfer or discontinuation of manufacturing rights. Provides that if a motor vehicle manufacturer or factory branch transfers or discontinues its right to manufacture a line-make of motor vehicles, all franchises granted to motor vehicle dealers by that manufacturer in the Commonwealth shall continue in full force, with modification to reflect that the new manufacturer of that line-make of motor vehicles will be substituted for the prior manufacturer.

A BILL to amend and reenact § 46.2-1570 of the Code of Virginia, relating to motor vehicle dealers and manufacturers; franchises; discontinuation of manufacturing rights.

19101321D

S.B. 1334

Patron: Cosgrove

Coercion of motor vehicle dealers; compensation; civil penalties. Authorizes the Commissioner of the Department of Motor Vehicles to impose civil penalties on a manufacturer, factory branch, distributor, or distributor branch that (i) fails to compensate dealers for coercing or requiring them to refrain from selling certain motor vehicles or (ii) fails to establish a written procedure for compensating dealers in such a situation.

A BILL to amend and reenact § 46.2-1569 of the Code of Virginia, relating to coercion of motor vehicle dealers; compensation; civil penalties.

19101713D

S.B. 1343

Patron: DeSteph

Commercial driver's licenses; specialized training required. Requires the Commissioner of the Department of Motor Vehicles to include training on the recognition, prevention, and reporting of human trafficking in driver training for Class A, Class B, and Class C commercial motor vehicles.

A BILL to amend the Code of Virginia by adding a section numbered 46.2-341.9:01, relating to commercial driver's licenses; specialized training required.

19103425D

S.B. 1347

Patron: Newman

Commercial vehicle training and testing. Allows certain Class A driver training schools to be third party testers for the skills test component of the commercial driver's license examination.

A BILL to amend and reenact §§ 46.2-341.14:1 and 46.2-1702 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 46.2-326.1, relating to commercial vehicle training and testing.

19104191D

S.B. 1464

Patron: McPike

Manufacturer or distributor right of first refusal. Provides that a manufacturer or distributor shall not exercise or enforce a right of first refusal in the event of a proposed sale or transfer of a dealership or change in management of a dealership if such sale or transfer is to a dealer licensed in the United States as a dealer holding a franchise from any manufacturer or distributor licensed as a manufacturer or distributer in the Commonwealth.

A BILL to amend and reenact § 46.2-1569.1 of the Code of Virginia, relating to manufacturer or distributor right of first refusal.

19101601D

S.B. 1476

Patron: Deeds

School bus video-monitoring systems; release of information by the Department of Motor Vehicles. Authorizes the Department of Motor Vehicles to release vehicle owner data of a vehicle that failed to stop for a stopped school bus upon request of a video-monitoring system operator or upon request of the authorized agent or employee of a video-monitoring system operator.

A BILL to amend and reenact §§ 46.2-208 and 46.2-844 of the Code of Virginia, relating to school bus video-monitoring systems; release of information by the Department of Motor Vehicles.

19101967D

S.B. 1499

Patron: DeSteph

Department of Motor Vehicles hearings; motor vehicle dealers. Provides standing to any corporation or association that is primarily owned by or comprised of motor vehicle dealers and that primarily represents the interests of motor vehicle dealers to petition the Commissioner of the Department of Motor Vehicles for relief with regard to motor vehicle dealers and to appeal such decisions of the Commissioner or any court. The bill requires the Commissioner to provide certain information regarding investigations and hearings with regard to such motor vehicle dealers.

A BILL to amend and reenact § 46.2-1573 of the Code of Virginia, relating to the Department of Motor Vehicles hearings; motor vehicle dealers.

19103968D

S.B. 1505

Patron: Carrico

Naming highways, bridges, interchanges, and other transportation facilities; cost of signage. Provides that for highways, bridges, interchanges, and other transportation facilities named after a state official killed during the performance of his official duties, including State Police officers and state highway transportation workers, the Commonwealth shall pay for the costs of producing, placing, and maintaining naming signage. Current law requires the locality in which the highway, bridge, interchange, or other transportation facility is located to pay these costs.

A BILL to amend and reenact § 33.2-213 of the Code of Virginia, relating to naming highways, bridges, interchanges, and other transportation facilities; cost of signage.

19103031D

S.B. 1520

Patron: Carrico

Passing stopped school bus; release of information by the Department of Motor Vehicles; reporting violation. Authorizes the Department of Motor Vehicles (the Department) to release vehicle owner data of a vehicle that failed to stop for a stopped school bus upon request of a video-monitoring system operator or upon request of the authorized agent or employee of a video-monitoring system operator. The bill expands the length of time for which a driver of a motor vehicle must remain stopped for a stopped school bus from when all persons are clear of the roadway to when the bus is back in motion. The bill provides that any conviction for passing a stopped school bus imposed by mailing a summons will not be reported to the Department or made part of the operator's driving record. However, the bill provides that if the conviction is imposed as a result of a law-enforcement officer personally issuing a summons at the time of violation the conviction shall be reported to the Department and shall result in the assessment of four demerit points to that person's driving record. The bill provides that an ordinance enacted by a county regarding a video-monitoring system applies to infractions that occur within any town located within the county for which the county provides the public school system.

A BILL to amend and reenact §§ 46.2-208 and 46.2-844 of the Code of Virginia, relating to passing stopped school bus; release of information by the Department of Motor Vehicles; reporting violation.

19103029D

S.B. 1521

Patron: Carrico

Handheld photo speed monitoring devices. Provides that the Department of State Police may operate a handheld photo speed monitoring device, defined in the bill, in or around a highway work zone for the purpose of recording images of vehicles that are traveling at speeds of at least 12 miles per hour above the posted highway work zone speed limit within such highway work zone when (i) workers are present and (ii) such highway work zone is indicated by appropriately placed signs displaying the maximum speed limit and the use of such handheld automated speed monitoring device. The bill also provides that the operator of a vehicle shall be liable for a monetary civil penalty, not to exceed $125, if such vehicle is found to be traveling at speeds of at least 12 miles per hour above the posted highway work zone speed limit by the handheld photo monitoring device.

A BILL to amend and reenact § 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 handheld photo speed monitoring devices.

19103500D

S.B. 1550

Patron: Surovell

Bicyclists and other vulnerable road users. 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 traffic infraction. The bill prohibits the driver of a motor vehicle from using or crossing into a bicycle lane to pass or attempt to pass another vehicle.

A BILL to amend and reenact § 46.2-841 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 46.2-816.1, relating to bicyclists and other vulnerable road users.

19104047D

S.B. 1555

Patron: Vogel

Maximum speed limits; fines doubled. Allows a county to provide by ordinance that fines for speeding on a nonlimited access highway having four or more lanes in such county are doubled.

A BILL to amend and reenact § 46.2-870 of the Code of Virginia, relating to maximum speed limits; fines doubled.

19103086D

S.B. 1560

Patron: Lewis

Local regulation of parking of certain vehicles. Adds Cape Charles to the towns that are permitted to regulate or prohibit the parking on any public highway of watercraft, boat trailers, motor homes, and camping trailers and to regulate or prohibit the parking of commercial vehicles on any public highway in a residence district.

A BILL to amend and reenact § 46.2-1222.1 of the Code of Virginia, relating to local regulation of parking of certain vehicles.

19102287D

S.B. 1567

Patron: Marsden

Towing fees. Sets maximum towing hookup and initial towing fees at $150 for all localities. Current law authorizes local governing bodies to set towing fee limits different from the maximums retained by the bill.

A BILL to amend and reenact §§ 46.2-1233.1, 46.2-1233.2, and 46.2-1233.3 of the Code of Virginia and to repeal § 46.2-1233 of the Code of Virginia, relating to towing fees.

19101339D

S.B. 1578

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.

19101770D

S.B. 1641

Patron: Boysko

Driver privilege cards; penalty.

A BILL to amend and reenact §§ 2.2-3705.7, 2.2-3808.1, 4.1-305, 8.01-313, 8.01-420.8, 8.9A-503, 12.1-19, 16.1-69.40:1, 16.1-228, 17.1-293, 18.2-6, 18.2-268.1, 19.2-258.1, 20-60.3, 20-107.1, 22.1-205, 24.2-410.1, 24.2-411.1, 24.2-416.7, 24.2-643, 32.1-291.2, 33.2-613, 38.2-2212, 46.2-328.1, 46.2-330, 46.2-332, 46.2-333.1, 46.2-335, 46.2-343, 58.1-3, 59.1-442, 59.1-443.3, 63.2-1916, and 63.2-1941 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 46.2-328.3, relating to driver privilege cards; penalty.

19104529D

S.B. 1654

Patron: Stanley


Dulles Greenway. Amends the powers and responsibilities of the State Corporation Commission (SCC) to regulate toll road operators under the Virginia Highway Corporation Act of 1988. The measure adds requirements that toll rates not materially discourage the public's use of the toll road, that the cost of operating the toll road be reasonably apportioned across all toll road users based on the relative distance each class of user travels on the toll road such that the toll rates are established in a reasonable and nondiscriminatory manner in relation to the benefit obtained, and that toll rates shall provide the operator with no more than a reasonable return. In addition, the measure (i) requires the SCC, by October 1, 2019, to initiate an investigation into the tolls charged by all operators subject to the Act and to issue a ruling by April 1, 2020, on its investigation as to whether the current tolls charged by the operator comply with such new requirements; (ii) prohibits the SCC from using the fact that any incremental return resulting from increased traffic related to a relative change in potential toll users that is greater than zero on a cumulative basis as the sole basis for finding that the operator's return exceeds a reasonable level as specified in such new requirements, during any future complaint proceeding; (iii) requires the SCC, in its initial investigation, to develop a baseline from which it can measure the relative change in potential toll users and directs how the incremental return shall be computed; (iv) prohibits an operator from seeking a toll increase that attempts to raise its return above the reasonable level; (v) requires the full disclosure, in public financial reports to the SCC, of the details of any related party transactions; and (vi) establishes a presumption that any related party transactions shall be presumed to be imprudent and excluded from costs used for any purpose, including but not limited to costs of lobbyists, excessive compensation, and entertainment expenses, unless the operator provides information showing that at least three separate competitive bids demonstrate that the operator could not have achieved better contract terms from a third party.

A BILL to amend and reenact § 56-542 of the Code of Virginia, relating to the Virginia Highway Corporation Act of 1988.

19103865D

S.B. 1677

Patron: Suetterlein

Child restraint devices and safety belts; emergency and law-enforcement vehicles. Exempts emergency medical services agency vehicles, fire company vehicles, fire department vehicles, and law-enforcement agency vehicles from the requirement that certain minors be secured in a child restraint device or with a safety belt.

A BILL to amend and reenact § 46.2-1095 of the Code of Virginia, relating to child restraint devices and safety belts; emergency and law-enforcement vehicles.

19103849D

S.B. 1684

Patron: Petersen

Six-year plans for secondary state highways; public meeting. Limits the requirement that a governing body with a six-year plan for improving the secondary highway system advertise for and hold a public meeting regarding such plan to only those years in which the county has a proposed new funding allocation greater than $100,000.

A BILL to amend and reenact § 33.2-331 of the Code of Virginia, relating to six-year plans for secondary state highways; public meeting.

19104464D

S.B. 1690

Patron: Dunnavant

Designating the Trooper Mark Barrett Memorial Bridge. Designates the bridge on Meadow Road over Interstate 64 at mile marker 202 in Henrico County the "Trooper Mark Barrett Memorial Bridge."

A BILL to designate the bridge on Meadow Road over Interstate 64 at mile marker 202 in Henrico County the "Trooper Mark Barrett Memorial Bridge."

19103641D

S.B. 1716

Patron: Obenshain

Interstate 81; tolling; Interstate 81 Corridor Improvement Fund. Authorizes the Commonwealth Transportation Board (the Board) to impose tolls on Interstate 81, subject to conditions and limitations set forth in the bill. If the Board implements the tolls, it would also be required to offer annual toll passes for passenger vehicles. Revenues from such tolls would be deposited in the Interstate 81 Corridor Improvement Fund, established by the bill, and be used for capital, operating, and improvement costs along the Interstate 81 corridor. In allocating such revenues, the Board would develop and update, in consultation with an Interstate 81 Committee established by the bill, an Interstate 81 Corridor Improvement Program.

A BILL to amend the Code of Virginia by adding in Title 33.2 a chapter numbered 36, consisting of sections numbered 33.2-3600 through 33.2-3611, and by adding a section numbered 46.2-819.3:2, relating to the Interstate 81 corridor; tolling; Interstate 81 Corridor Improvement Fund.

19102261D

S.B. 1740

Patron: Surovell


Driver privilege cards; penalty. Authorizes the issuance of new driver privilege cards by the Department of Motor Vehicles to an applicant who (i) has reported income from Virginia sources on an individual tax return filed with the Commonwealth in the preceding 12 months; (ii) is not in violation of the insurance requirements for the registration of an uninsured motor vehicle; and (iii) provides an unexpired passport as proof of identity. The bill provides that driver privilege cards shall confer the same privileges and shall be subject to the same provisions as driver's licenses and permits; however, driver privilege cards shall not (a) confer voting privileges, (b) permit an individual to waive any part of the driver examination, or (c) have their issuance be contingent upon the applicant's ability to produce proof of legal presence in the United States. The bill provides for the term "driver's license" to consistently refer to all driver's licenses, permits, driver privilege cards, and special identification cards issued by the Commonwealth or the comparable law of another jurisdiction. The bill allows the issuance of a limited-duration driver's license and special identification card to an applicant presenting valid documentary evidence that a federal court or federal agency having jurisdiction over immigration has authorized the applicant to be in the United States for a period of at least 30 days from the date of application. The bill authorizes the Tax Commissioner to provide to the Commissioner of the Department of Motor Vehicles information sufficient to verify that an applicant for a driver privilege card or permit reported income from Virginia sources on an individual tax return filed with the Commonwealth in the preceding 12 months. The bill has a delayed effective date of January 1, 2020.

A BILL to amend and reenact §§ 2.2-3705.7, 2.2-3808.1, 4.1-305, 8.01-313, 8.01-420.8, 8.9A-503, 12.1-19, 16.1-69.40:1, 16.1-228, 17.1-293, 18.2-6, 18.2-268.1, 19.2-258.1, 20-60.3, 20-107.1, 22.1-205, 24.2-410.1, 24.2-411.1, 24.2-416.7, 24.2-643, 32.1-291.2, 33.2-613, 38.2-2212, 46.2-328.1, 46.2-330, 46.2-332, 46.2-333.1, 46.2-335, 46.2-343, 58.1-3, 59.1-442, 59.1-443.3, 63.2-1916, and 63.2-1941 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 46.2-328.3, relating to driver privilege cards; penalty.

19102410D