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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 30, 2019
Time and Place: 15 minutes after adjournment, Senate Room 3

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. 1154

Patron: Black

Traffic infractions not encompassed by reckless or improper driving. Requires the driver of a motor vehicle to (i) give full time and attention to the safe operation of the motor vehicle and (ii) exercise due care and decrease speed as necessary to avoid a collision with any person, vehicle, or other conveyance on or entering the highway. These violations, which are not encompassed by the current reckless driving statute, shall constitute traffic infractions.

A BILL to amend the Code of Virginia by adding sections numbered 46.2-816.1 and 46.2-816.2, relating to traffic infractions not encompassed by reckless or improver driving.

19101562D

S.B. 1296

Patron: Barker

Potomac River Bridge Towing Compact. Adds the Harry W. Nice Bridge, Sandy Hook Bridge, Brunswick Bridge, and Point of Rocks Bridge to the Potomac River bridges subject to the Potomac River Bridge Towing Compact to facilitate the prompt and orderly removal of disabled and abandoned vehicles from the bridges by giving the District of Columbia, Maryland, and Virginia appropriate authority anywhere on the bridges.

A BILL to amend and reenact § 46.2-1239.1 of the Code of Virginia, relating to the Potomac River Bridge Towing Compact.

19102225D

S.B. 1510

Patron: Carrico

Police-requested towing; local regulation. Provides that only towing requests made by local law-enforcement officers are subject to local ordinances regulating towing services for unattended, abandoned, or immobile vehicles.

A BILL to amend and reenact § 46.2-1217 of the Code of Virginia, relating to police-requested towing; local regulation.

19101888D

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. 1535

Patron: Surovell

Uniform Statewide Building Code; outdoor advertising. Requires the owner of a sign located along an Interstate System highway that has a height that is greater than the distance from such sign to the shoulder edge of the pavement to have such sign periodically inspected for building code compliance. The bill authorizes the Commissioner of Highways to remove any such sign without notice and at the cost of the owner if the sign poses a risk to highway safety or public safety.

A BILL to amend and reenact §§ 33.2-1229 and 36-105 of the Code of Virginia, relating to the Uniform Statewide Building Code; outdoor advertising.

19102227D

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. 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. 1680

Patron: Mason

Mass transit providers; loss of certain operating funds. Provides that any mass transit provider that incurs a loss in operating funds as a direct result of the performance-based allocation process set forth in Chapter 854 of the Acts of Assembly of 2018 shall be eligible for supplemental funds commensurate with operating funds in 2019. The total amount of supplemental funds available shall not exceed $5 million annually.

A BILL to hold mass transit providers harmless for certain operating fund losses.

19104336D

S.B. 1700

Patron: Suetterlein

Certificates; notice of filing or recordation. Clarifies that the Commissioner of Highways will give notice to the owner of a freehold that any certificate will be filed or recorded. Current law references only certificates of deposit.

A BILL to amend and reenact § 33.2-1020 of the Code of Virginia, relating to certificates; notice of filing or recordation.

19104352D

S.B. 1723

Patron: Deeds

Motor vehicle safety inspections; cost evaluation by DMV and the Department of State Police. Requires the Department of Motor Vehicles (DMV) and the Department of State Police to jointly evaluate the feasibility of including in a motor vehicle safety inspection the inspection of window tint and noise levels of exhaust systems, including a cost estimate for such an inspection. The bill requires the DMV and the Department of State Police to complete its evaluation by November 30, 2019, and submit a report of its findings by December 1, 2019.

A BILL to require the Department of State Police and the Department of Motor Vehicles to evaluate cost of inspection of window tint and noise levels of exhaust as part of motor vehicle safety inspections.

19104404D

S.B. 1733

Patron: Cosgrove

Department of Motor Vehicles; electronic peer-to-peer motor vehicle rental services; report. Directs the Department of Motor Vehicles, in consultation with the State Corporation Commission and the Department of Taxation, to convene a work group to study the implications of electronic peer-to-peer vehicle rental services.

A BILL to direct the Department of Motor Vehicles to convene a work group to study electronic peer-to-peer vehicle rental services; report.

19104516D

S.B. 1749

Patron: McDougle

Robert O. Norris Bridge and Statewide Special Structure Fund. Creates the Robert O. Norris Bridge and Statewide Special Structure Fund to fund the maintenance and replacement of large and unique structures. The bill directs the Commonwealth Transportation Board to undertake a comprehensive review of the current and future condition of pavements and bridges and create a plan that includes the funding needs of large and unique transportation structures in the Commonwealth.

A BILL to amend and reenact § 33.2-214 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 15 of Title 33.2 a section numbered 33.2-1532, relating to the Robert O. Norris Bridge and Statewide Special Structure Fund.

19104284D

S.B. 1765

Patron: Stanley

Restoration of certain highways; payment of costs. Clarifies that public safety agencies may, following a motor vehicle accident or incident, restore the highway to its condition prior to the accident. The bill does not affect current law authorizing the removal of vehicles, cargo, and personal property without the consent of the owner or carrier. The bill clarifies that the owner or carrier of the vehicle, cargo, or personal property removed is responsible for paying all costs billed for removing the property and restoring the highway and adds individuals or entities acting at the request of State Police or a local law-enforcement agency to the list of entities that must be reimbursed or paid. Current law provides for the reimbursement of such costs.

A BILL to amend and reenact § 46.2-1212.1 of the Code of Virginia, relating to restoration of certain highways; payment of costs.

19104289D

S.B. 1775

Patron: Carrico

Commissioner of Highways; overweight trucks. Requires the Commissioner of Highways to report annually by December 1 to the Governor, the General Assembly, and the Commonwealth Transportation Board regarding overweight trucks. This report is in addition to other reports the Commissioner is required by law to submit. The bill expires on January 1, 2021.

A BILL to amend the Code of Virginia by adding a section numbered 33.2-232.1, relating to Commissioner of Highways; overweight trucks.

19104683D

S.B. 1784

Patron: Boysko

Traffic incident management vehicles. Authorizes traffic incident management vehicles, defined in the bill, to be (i) equipped with flashing red or red and white warning lights, (ii) exempt from certain traffic regulations in particular situations, and (iii) equipped with a siren, exhaust whistle, or air horn. The bill adds traffic incident management vehicles to the list of stopped vehicles for which the operator of a motor vehicle must move over or proceed with caution.

A BILL to amend and reenact §§ 46.2-1023, 46.2-1029.2, and 46.2-1030 of the Code of Virginia, relating to traffic incident management vehicles.

19104564D

S.B. 1787

Patron: Newman


Motor vehicle insurance; compliance verification. Requires motor vehicle insurance companies to report all required insurance information to the Department of Motor Vehicles (DMV) within 30 days of a policy change and to respond to all DMV requests for acknowledgment by confirming or denying the existence of an insurance policy within 15 days of receiving the request. The measure requires such insurers to report all necessary insurance information to the DMV electronically. The measure updates the types of policy updates and necessary data fields required to operate DMV's insurance verification process. The measure requires DMV to initiate the insurance verification process following receipt of a report that it processed an uninsured motorist claim involving an uninsured motor vehicle registered in Virginia. The measure provides that if a customer opts to surrender his license plates to DMV online or by telephone, he is not entitled to a partial refund of the cost of registration fees. The measure authorizes the DMV to dispense with a customer's suspension if a customer provides evidence that he was in compliance with Virginia's insurance laws. The measure renames the fee charged after a violation of Virginia's insurance laws from the uninsured motor vehicle fee to the noncompliance fee, increases the fee from $500 to $600, and directs the additional revenue to the DMV's special fund to be used for enhancements to DMV's insurance verification program. The measure also amends Virginia's installment payment program to (i) allow out-of-state individuals to apply for an installment payment plan; (ii) allow a customer to enter into a second installment payment plan after defaulting on the first plan; and (iii) authorize the Commissioner to extend an installment payment due date by up to 30 days when events outside of DMV's control adversely affect its ability to accept payment. An enactment clause requires DMV to report in 2024 to the General Assembly on the effectiveness of this measure in improving the insurance verification program. An enactment clause postpones the effective date of the provisions that require electronic filing of insurance information and update the types of data required to be provided by insurers.

 

A BILL to amend and reenact §§ 46.2-688, 46.2-706 through 46.2-708, and 46.2-710 of the Code of Virginia, relating to motor vehicle insurance verification by the Department of Motor Vehicles; report.

19104152D