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2023 SESSION

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Senate Committee on Transportation

Chair: David W. Marsden

Clerk: Michael Jackson, H. Dockery
Staff: Nikhil Edward
Date of Meeting: January 19, 2023
Time and Place: 15 mins. after adj. / Committee Room #3 - Capitol Ext.
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 815

Patron: Surovell

Virginia Motor Vehicle Warranty Enforcement Act; definitions. Expands the definition of "motor vehicle" in the Virginia Motor Vehicle Warranty Enforcement Act to include a vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person or certain legal business entities to which not more than five motor vehicles are registered. The bill also adds electronic mail communications to the definition of "notify" or "notification" in the Act.

A BILL to amend and reenact §§ 59.1-207.11 and 59.1-207.13 of the Code of Virginia, relating to Virginia Motor Vehicle Warranty Enforcement Act; definitions.

23100591D

S.B. 847

Patron: Favola

Pedestrian control signals; applicability to persons riding bicycles and other devices. Allows persons riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, or motorized skateboard or scooter to follow the pedestrian control signal at an intersection when traveling in the direction of the signal, provided they yield to pedestrians in the crosswalk traveling in the same direction. The bill specifies that such persons shall not start to cross the highway in the direction of such signal while the signal is solid, that pedestrians shall not start to cross the highway when such signal is solid or flashing, and that any person who has partially crossed the highway shall proceed to a sidewalk or safety island when the solid Don't Walk signal begins.

A BILL to amend and reenact § 46.2-925 of the Code of Virginia, relating to pedestrian control signals; applicability to persons riding bicycles and other devices.

23102496D

S.B. 855

Patron: Spruill

Headlights; aftermarket modifications; blue lights. Prohibits the use of headlights on motor vehicles, motorcycles, autocycles, bicycles, electric personal assistive mobility devices, personal delivery devices, electric power-assisted bicycles, mopeds, and motorized skateboards or scooters with aftermarket modifications that make the color of such lights appear blue.

A BILL to amend and reenact §§ 46.2-1011, 46.2-1012, and 46.2-1015 of the Code of Virginia, relating to headlights; aftermarket modifications; blue lights.

23101439D

S.B. 861

Patron: Locke

Traffic control device violation monitoring systems. Authorizes the City of Hampton to establish a traffic control device violation monitoring system, defined in the bill, imposing monetary liability on the operator of a motor vehicle for failure to comply with traffic control devices at any intersection deemed by the local governing body to be negatively impacted by traffic due to the Hampton Roads Bridge-Tunnel Expansion Project. The bill sunsets on July 1, 2026, or upon certification by the Secretary of Transportation that the Hampton Roads Bridge-Tunnel Expansion Project is complete, whichever is earlier. The bill contains technical amendments.

A BILL to amend and reenact §§ 15.2-968.1 and 46.2-208 of the Code of Virginia, relating to traffic control device violation monitoring systems.

23102455D

S.B. 864

Patron: Cosgrove

Motor vehicle dealers; businesses without a physical presence in the Commonwealth selling vehicles in the Commonwealth; vehicle title. Creates a presumption that any business entity that does not maintain a physical presence in the Commonwealth and offers to sell or sells five or more motor vehicles within any 12 consecutive months, for which the delivery of such sold motor vehicle or place of such sale is in the Commonwealth, is a motor vehicle dealer and provides that such presumption may be rebutted by a preponderance of the evidence. The bill adds to the grounds for denying, suspending, or revoking licenses or certificates of dealer registration or qualification the failure to transfer the valid vehicle title of the sold motor vehicle to the buyer at the time of such sale.

A BILL to amend and reenact §§ 46.2-1500 and 46.2-1575 of the Code of Virginia, relating to motor vehicle dealers; businesses without a physical presence in the Commonwealth selling vehicles in the Commonwealth; vehicle title.

23102762D

S.B. 868

Patron: Cosgrove

Passing stopped school buses; civil penalty. Provides that a civil penalty imposed for a violation of the prohibition on passing stopped school buses as enforced by video-monitoring systems shall not be considered a conviction, become part of the driving record of the person found liable, or be used for motor vehicle insurance coverage purposes. The bill decreases the civil penalty for such violation from $250 to $50, prohibits the imposition of court costs, and provides that a finding of a violation by a general district court may be appealable to the circuit court in a civil proceeding. The bill changes from 10 days to 10 business days the period of time in which a summons must be issued to create a rebuttable presumption that the registered owner was the operator at the time of the violation.

A BILL to amend and reenact § 46.2-844 of the Code of Virginia, relating to passing stopped school buses; civil penalty.

23102084D

S.B. 871

Patron: Surovell


Motor vehicle dealers; franchise agreements; sale or lease of new motor vehicles. Provides that the threat to withhold incentive payments or the right to participate in incentive programs is included in the existing prohibition on any vehicle manufacturer, factory branch, distributor, or distributor branch coercing or attempting to coerce a dealer into entering into an agreement. The bill prohibits vehicle manufacturers, factory branches, distributors, or distributor branches from taking certain listed actions related to direct contact with buyers or lessees or coercing or requiring a dealer to allow such actions in the franchise agreement. The bill prohibits and makes void any provisions of a franchise agreement or similar agreement authorizing a manufacturer, factory branch, distributor, or distributor branch to unilaterally amend the franchise agreement or similar agreement. The bill provides that the existing prohibition on a manufacturer, factory branch, distributor, or distributor owning, operating, or controlling a motor vehicle dealership includes any dealership of a new line-make established by a manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof or a company affiliated through ownership of the manufacturer, factory branch, distributor, or distributor branch of at least 25 percent of the equity of the company. The bill provides that the existing requirement that manufacturers, factory branches, distributors, or distributor branches provide the cost of initiation, update, change, or maintenance of each accessory or function of the vehicle that may be initiated, updated, changed, or maintained by the manufacturer or distributor through over-the-air or remote means shall be the cost at the time of the new motor vehicle sale.

A BILL to amend and reenact §§ 46.2-1569, 46.2-1571, and 46.2-1572 of the Code of Virginia, relating to motor vehicle dealers; franchise agreements; sale or lease of new motor vehicles.

23101464D

S.B. 901

Patron: Marsden

Firearm in unattended motor vehicle; civil penalty. Provides that no person shall leave, place, or store a handgun in an unattended motor vehicle, as defined in the bill, unless the vehicle is locked and the handgun is secured in a locked container or locked compartment of the vehicle. The bill provides that any person violating such prohibition is subject to a civil penalty of no more than $500 and such unattended motor vehicle may be subject to removal for safekeeping.

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 12 of Title 46.2 a section numbered 46.2-1215.1, relating to firearm in unattended motor vehicle; civil penalty.

23103458D

S.B. 938

Patron: Ruff

Lights on other vehicles; reflectors; animal-drawn vehicles. Allows animal-drawn vehicles operating on highways to be equipped with battery-operated red rear lights instead of white lights in the front and red lights in the rear as are required generally for other vehicles. The bill also provides that such animal-drawn vehicles may, instead of or in addition to the front and rear lights generally required for other vehicles or such battery-operated red rear lights, affix reflectors to the front and rear of the vehicles.

A BILL to amend and reenact § 46.2-1016 of the Code of Virginia, relating to lights on other vehicles; reflectors; animal-drawn vehicles.

23102557D

S.B. 977

Patron: Mason

Transit Ridership Incentive Program; on-demand microtransit operations. Includes the development and implementation of on-demand microtransit operations, defined in the bill, to incentivize and promote transit ridership, as part of the goal of the Transit Ridership Incentive Program. The bill provides that an approved initiative or service is eligible to continue receiving funding for the duration of the Program on an annual basis, for up to 80 percent of costs, from funds that are available to the urbanized area in which the initiative or service is located.

A BILL to amend and reenact § 33.2-1526.3, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to Transit Ridership Incentive Program; on-demand microtransit operations.

23102068D

S.B. 981

Patron: Marsden

Flashing red and white warning lights; emergency vehicle exemptions; WMATA Response and Recovery Coordination Branch vehicles. Authorizes vehicles operated by the Response and Recovery Coordination Branch of the Washington Metropolitan Area Transit Authority's Office of Emergency Preparedness to (i) be equipped with flashing, blinking, or alternating red or red and white combination warning lights and (ii) disregard certain regulations regarding the operation of vehicles without being subject to criminal prosecution while responding to an emergency. The bill adds responding to metropolitan transit-related incidents to the list of circumstances in which such lighted warning lights shall be displayed.

A BILL to amend and reenact §§ 46.2-920, 46.2-1023, and 46.2-1030 of the Code of Virginia, relating to flashing red and white warning lights; emergency vehicle exemptions; WMATA Response and Recovery Coordination Branch vehicles.

23101698D

S.B. 995

Patron: Marsden

Use of handheld personal communication devices in certain motor vehicles. Clarifies the penalty structure for a first offense and a second or subsequent offense of using a handheld personal communication device in certain motor vehicles, as well as the mandatory fine for a violation within a highway work zone, to accommodate the Supreme Court's case management system. The bill contains technical amendments. This bill is declarative of existing law.

A BILL to amend and reenact § 46.2-818.2 of the Code of Virginia, relating to use of handheld personal communication devices in certain motor vehicles.

23102526D

S.B. 1010

Patron: DeSteph

Issuing citations; certain traffic offenses. Removes the provisions that provide that no law-enforcement officer may lawfully stop a motor vehicle for operating (i) without a light illuminating a license plate, (ii) with defective and unsafe equipment, (iii) without brake lights or a high mount stop light, (iv) without an exhaust system that prevents excessive or unusual levels of noise, (v) with certain sun-shading materials and tinting films, and (vi) with certain objects suspended in the vehicle, and the accompanying the exclusionary provisions.

A BILL to amend and reenact §§ 46.2-334.01, 46.2-646, 46.2-810.1, 46.2-923, 46.2-926, 46.2-1003, 46.2-1013, 46.2-1014, 46.2-1014.1, 46.2-1030, 46.2-1049, 46.2-1051, 46.2-1052, 46.2-1054, 46.2-1094, 46.2-1157, and 46.2-1300 of the Code of Virginia, relating to issuing citations; certain traffic offenses.

23102779D

S.B. 1027

Patron: Cosgrove

Vehicle safety inspection; commercial vehicles; exemption. Provides that a commercial vehicle operating in interstate commerce is exempt from the vehicle safety inspection requirement if, in addition to other criteria, such vehicle is inspected in accordance with the federal requirements for annual inspection by complying with federal periodic inspection requirements. Current law requires annual inspection through self-inspection, a third-party inspection, a Commercial Vehicle Safety Alliance inspection, or a periodic inspection performed by any state with a program in order for the vehicle to be exempt.

A BILL to amend and reenact § 46.2-1158.01 of the Code of Virginia, relating to vehicle safety inspection; commercial vehicles; exemption.

23101335D

S.B. 1028

Patron: Cosgrove

Crash reports; inspection by certain persons. Changes the person authorized to inspect a crash report from the present owner of a vehicle or property involved in the crash to the owner of such vehicle or property at the time of the crash.

A BILL to amend and reenact § 46.2-380 of the Code of Virginia, relating to crash reports; inspection by certain persons.

23103240D

S.B. 1057

Patron: Hanger

Farm use placards. Delays the requirement for vehicles claiming a farm use exemption to obtain a farm use placard from the Department of Motor Vehicles and display such placard from July 1, 2023, to January 1, 2024. The bill exempts trailers and semitrailers from the requirement to display a farm use placard. The bill removes certain requirements on the application for a farm use placard, prohibits requesting additional information on such application, and prohibits disclosure of application information for certain purposes. The bill clarifies that certain farm use exemptions apply to all pickup and panel trucks, sport utility vehicles, and trailers or semitrailers, not just those having a gross vehicle weight greater than 7,500 pounds. The bill authorizes the use of an agricultural or horticultural vehicle for disposing of incidental refuse and a seasonal transportation vehicle for driving to a storage house, packing plant, or market regardless of distance. The bill clarifies that the exemption for transporting back to a farm essential food includes procuring a meal for a farmer or his employees and that such exemption applies while engaged in authorized farm vehicle uses.

A BILL to amend and reenact §§ 46.2-665, as it is currently effective and as it shall become effective, 46.2-666, as it is currently effective and as it shall become effective, 46.2-667, 46.2-670, as it is currently effective and as it shall become effective, 46.2-672, as it shall become effective, 46.2-673, as it is currently effective and as it shall become effective, and 46.2-684.2 of the Code of Virginia and to amend and reenact the second enactment of Chapter 51 and the second enactment of Chapter 52 of the Acts of Assembly of 2022, relating to farm use placards.

23101855D

S.B. 1058

Patron: Hanger

Objects obstructing driver's view; dashboard cameras allowed. Allows the suspension and use of any dashboard camera in or on the windshield of a motor vehicle, provided that such camera is wholly or mostly concealed behind the rear view mirror.

A BILL to amend and reenact § 46.2-1054 of the Code of Virginia, relating to objects obstructing driver's view; dashboard cameras allowed.

23100886D

S.B. 1069

Patron: Saslaw

Drivers stopping for pedestrians; certain signs; stops. Requires the driver of a vehicle on a highway approaching a pedestrian who is crossing such highway to stop for such pedestrian. Currently, a driver is required to yield the right-of-way to such pedestrian by stopping and remaining stopped. The bill also provides that localities that are already authorized to install signs directing motor vehicles to yield the right-of-way to pedestrians crossing or attempting to cross a highway may also install signs directing motor vehicles to stop for such pedestrians.

A BILL to amend and reenact § 46.2-924 of the Code of Virginia, relating to drivers stopping for pedestrians; certain signs; stops.

23103053D

S.B. 1162

Patron: Marsden

Commissioner of Highways; roadways operating under the Virginia Highway Corporation Act of 1988 to operate under the Public-Private Transportation Act of 1995. Directs the Commissioner of Highways to evaluate whether it is in the public interest for any roadway operated pursuant to the Virginia Highway Corporation Act of 1988 (HCA) to operate instead under the authority and requirements provided by the Public-Private Transportation Act of 1995 (PPTA). The bill authorizes the Commissioner, if he determines it is in the public interest for any such roadway to operate under the PPTA and if the Secretary of Transportation and the Transportation Public-Private Partnership Steering Committee concur, to negotiate and execute a new comprehensive agreement with the operator of such roadway to operate under the authority and requirements provided by the PPTA. The bill has an expiration date of January 1, 2025.

A BILL to direct the Commissioner of Highways to evaluate whether roadways operating under the Virginia Highway Corporation Act of 1988 should operate under the Public-Private Transportation Act of 1995.

23102471D

S.B. 1196

Patron: Reeves

Permanent farm use placards. Repeals the requirement for the owner or lessee of a vehicle claiming a farm use exemption from the registration, licensing, and decal requirements for a motor vehicle, trailer, or semitrailer to obtain a nontransferable permanent farm use placard from the Department of Motor Vehicles and to display the farm use placard on the vehicle at all times. Under current law, such requirement will become effective July 1, 2023. The bill reinstates the authority of law-enforcement officer to inquire about the address or real property parcel identification number of the farm or lands with which the exempt vehicle is associated.

A BILL to amend and reenact §§ 46.2-665, as it is currently effective and as it shall become effective, 46.2-666, as it is currently effective and as it shall become effective, 46.2-670, as it is currently effective and as it shall become effective, 46.2-672, as it shall become effective, and 46.2-673, as it shall become effective, of the Code of Virginia and to repeal § 46.2-684.2 of the Code of Virginia, relating to permanent farm use placards; repeal.

23102075D

S.B. 1216

Patron: Lucas

Transportation network companies; uninsured and underinsured motorist coverage. Requires TNC insurance to maintain the same minimum uninsured and underinsured motorist coverage as is currently required by law for all motor vehicle insurance policies of $30,000 for bodily injury per person, $60,000 for bodily injury per accident, and $20,000 for property damage, whether or not there is a passenger in the vehicle. The bill also prohibits TNC insurance underinsured motorist coverage from being set off by another policy from incidents arising when there is a passenger in the vehicle. Current law requires uninsured and underinsured motorist coverage for TNCs at $1 million when a passenger is in the vehicle. The bill repeals expired provisions related to TNC insurance coverage.

A BILL to amend and reenact §§ 46.2-2099.50 and 46.2-2099.52 of the Code of Virginia and to repeal § 46.2-2099.51 of the Code of Virginia, relating to transportation network companies; uninsured and underinsured motorist coverage.

23102185D

S.B. 1238

Patron: Obenshain

Motor carriers; financial responsibility. Requires motor carriers when operating a vehicle with a gross vehicle weight rating of 7,500 pounds or less in intrastate commerce when available to transport property for compensation but not actively transporting such property to be covered by the same financial responsibility requirements as all other motorists. Current law sets such minimum liability requirements at $25,000 per person, $50,000 per incident for death and bodily injury, and $20,000 for property damage.

A BILL to amend and reenact § 46.2-2143.1 of the Code of Virginia, relating to motor carriers; financial responsibility.

23103910D

S.B. 1318

Patron: Edwards

Special license plates; BLUE RIDGE PARKWAY FOUNDATION. Authorizes the issuance of revenue-sharing special license plates for supporters of the Blue Ridge Parkway Foundation bearing the legend BLUE RIDGE PARKWAY FOUNDATION.

A BILL to authorize the issuance of special license plates for supporters of the Blue Ridge Parkway Foundation bearing the legend BLUE RIDGE PARKWAY FOUNDATION; fees.

23102541D

S.B. 1326

Patrons: McClellan, McPike

Transit Ridership Incentive Program; funds; improving accessibility; transition to zero-emissions. Directs the Commonwealth Transportation Board to use up to 30 percent of available funds in the Transit Ridership Incentive Program to support local, regional, and state entities in improving the accessibility of transit bus passenger facilities and transitioning public transit bus fleets and infrastructure to zero-emission bus fleets and infrastructure. The bill directs the Board to develop guidelines for applications for grants to any local, regional, or state public entity that supports a transit system.

A BILL to amend and reenact § 33.2-1526.3 of the Code of Virginia, as it is currently effective and as it shall become effective, relating to Transit Ridership Incentive Program; funds; improving accessibility; transition to zero-emissions.

23102475D

S.B. 1345

Patron: Barker

Virginia Port Authority; tax credits and grants. Creates grant programs to replace the barge and rail usage tax credit and the Virginia port volume increase tax credit when those credits expire on January 1, 2025. The bill also creates a new Port of Virginia Economic Development Grant Program consisting of two component programs: the Economic and Infrastructure Development Grant Program and the International Trade Facility Grant Program. The bill also moves the sunset date of the existing Port of Virginia Economic and Infrastructure Development Grant Fund and Program from June 30, 2025, to December 31, 2024.

A BILL to amend and reenact § 62.1-132.3:2 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 62.1-132.3:2.1, 62.1-132.3:2.2, 62.1-132.3:2.3, 62.1-132.3:5, and 62.1-132.3:6, relating to Virginia Port Authority; tax credits and grants.

23101795D

S.B. 1372

Patron: Vogel

Special license plate; woman veteran. Authorizes the issuance of special license plates for women veterans upon receipt of an application therefore, evidence that the applicant is an honorably discharged former member of the armed forces of the United States, and certification that the applicant is a woman. Current law authorizes the issuance of a special license plate to veterans of the armed forces of the United States.

A BILL to amend and reenact § 46.2-743 of the Code of Virginia, relating to special license plate; woman veteran.

23101357D

S.B. 1456

Patron: Vogel

Speed determination devices; calibration or testing. Extends the validity of the calibration or testing of certain devices used to determine motor vehicle speed, other than photo speed monitoring devices, from six months to 12 months. Current law sets such validity for photo speed monitoring devices at 12 months.

A BILL to amend and reenact § 46.2-882 of the Code of Virginia, relating to speed determination devices; calibration or testing.

23103939D