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Virginia Legislators Consider Bills Related to Biking and Walking

If biking and walking are important to you, the time to act is now. Below is a listing of bills that have been pre-filed in the Virginia Legislature during the current session. These issues impact bicyclists, pedestrians and trail users.  Please speak up, ask your legislators to make a difference for biking, walking and trails use.

 

Additional information at Legislative Information System: http://leg1.state.va.us/101/lis.htm and legislative at The Virginia Bicycling Federation

http://www.vabike.org/


BICYCLE  AND  PEDESTRIAN  LAWS

 

http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB459
HOUSE BILL NO. 459   Offered January 13, 2010    Prefiled January 12, 2010
A BILL to amend and reenact §§ 46.2-100, 46.2-821, 46.2-826, 46.2-833, 46.2-834, 46.2-835, 46.2-836, 46.2-904, 46.2-908.1, and 46.2-933 of the Code of Virginia; to amend the Code of Virginia by adding sections numbered 46.2-923.1, 46.2-924.1, and 46.2-924.2; and to repeal §§ 46.2-923 and 46.2-924 of the Code of Virginia, relating to pedestrians crossing highways.  (
stop for pedestrians in crosswalks.)
Patron-- Herring
Referred to Committee on Transportation

Summary:  Drivers to stop for pedestrians in crosswalks; installation of certain signs; penalty.  (Bicycles are vehicles)

 Failed in House Transportation Sub-Committee on 1/20/2010

 

SENATE BILL NO. 228   Offered January 13, 2010    Prefiled January 13, 2010

A BILL to amend and reenact § 46.2-924 of the Code of Virginia, relating to pedestrians crossing highways.

Patron-- Barker

Referred to Committee on Transportation

Summary:  Drivers to stop for pedestrians; installation of certain signs; penalty.  (Bicycles are vehicles.)

 

http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB1048

HOUSE BILL NO. 1048    Offered January 13, 2010    Prefiled January 13, 2010
A BILL to amend and reenact §§ 46.2-816, 46.2-838, and 46.2-839 of the Code of Virginia, relating to following too closely and passing other vehicles.
Patron-- Kory
Referred to Committee on Transportation

Summary:  following too close, passing bicycles by three feet.

 

http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+SB566
SENATE BILL NO. 566   Offered January 13, 2010    Prefiled January 13, 2010A BILL to amend and reenact §§ 46.2-816, 46.2-838, and 46.2-839 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 8 of Title 46.2 a section numbered 46.2-869.1, relating to motor vehicle offenses; penalties.  (following too close, passing by three feet and careless driving)
Patron-- Ticer
Referred to Committee on Transportation

Summary:  Relating to following too close, passing bicycles by three feet and careless driving.  The careless driving portion will probably be dropped.

 

http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB752
HOUSE BILL NO. 752   Offered January 13, 2010    Prefiled January 12, 2010
A BILL to amend and reenact § 46.2-833 of the Code of Virginia, relating to traffic lights.  (allows bicycles and motorcycles to proceed on red when traffic lights fail to respond to sensors.)
Patrons-- Greason and Janis
Referred to Committee on Transportation

Summary:  Bicyclist allowed to run red light if safe and wait is greater than 120 seconds.

 

 

HOUSE BILL NO. 22    Offered January 13, 2010    Prefiled December 16, 2009
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 certain vehiclesPatron-- Howell, A.T.
Referred to Committee on Militia, Police and Public Safety 

Summary:  Includes bicyclist using handheld communications devices while operating a bicycle.

Failed in House Militia, Police & Public Safety Sub-Committee on 1/21/2010

Summary:  Forbids use of personal communications devices (cell phones) while driving.

 

SAFETY

 

http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+SB200
SENATE BILL NO. 200   Offered January 13, 2010   Prefiled January 12, 2010
A BILL to require installation of rumble strips on highways in the Commonwealth having speed limits of at least 55 miles per hour.
Patron-- Blevins (By Request)
Referred to Committee on Transportation

Summary: Installation of rumble strips. Rumble strips shall be installed on the sides of those highways in the Commonwealth with speed limits of at least 55 miles per hour.

 

TRAILS

 

http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB845
HOUSE BILL NO. 845   Offered January 13, 2010    Prefiled January 13, 2010
A BILL to amend the Code of Virginia by adding in Article 13 of Chapter 3 of Title 58.1 a section numbered 58.1-439.12:03, relating to individual and corporate income tax credit, related to certain easements.
Patron-- Morefield
Referred to Committee on Finance

Summary:  Tax credit for granting certain easements on real property.

http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB1186
HOUSE BILL NO. 1186   Offered January 13, 2010    Prefiled January 13, 2010A BILL to amend the Code of Virginia by adding in Article 13 of Chapter 3 of Title 58.1 a section numbered 58.1-439.12:03, relating to individual and corporate income tax credit, related to certain easements.
Patron-- Phillips
Referred to Committee on Finance
Summary: 
Tax credit for granting certain easements on real property.

 

 

 

PLANNING


http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HJ119
HOUSE JOINT RESOLUTION NO. 119   Offered January 13, 2010    Prefiled January 13, 2010
Establishing a joint subcommittee to study the creation of a U.S. Route 1 Corridor. Report.
Patrons-- Surovell, Brink, Englin and Torian; Senators: Puller and Ticer
Referred to Committee on Rules

Summary:  US Bicycle Route 1 uses this corridor.

 

http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB95
HOUSE BILL NO. 95   Offered January 13, 2010   Prefiled January 5, 2010
A BILL to amend and reenact § 33.1-70.3 of the Code of Virginia, relating to taking new streets into the state secondary highway system.
Patron-- Loupassi
Referred to Committee on Transportation

Summary: Requirements to ensure the connectivity of road and pedestrian networks with the existing and future transportation network

http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB197
HOUSE BILL NO. 197   Offered January 13, 2010    Prefiled January 7, 2010
A BILL to amend and reenact § 33.1-70.3 of the Code of Virginia, relating to taking new streets into the state secondary highway system.
Patron-- Ware, R.L.
Referred to Committee on Transportation

Summary: Requirements to ensure the connectivity of road and pedestrian networks with the existing and future transportation network

http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB222
HOUSE BILL NO. 222   Offered January 13, 2010   
Prefiled January 11, 2010A BILL to amend the Code of Virginia by adding a section numbered 33.1-69.001, relating to design standards for state secondary highway system components. 
Patrons-- Watts, Bulova, Herring, Keam, Kory, Plum, Scott, J.M., Sickles and Surovell; Senators: Barker, Howell, Petersen and Ticer
Referred to Committee on Transportation

Summary: Bicycles are not included in accommodations.



LANDOWNER LIABILITY FOR TRAILS




http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+SB546
SENATE BILL NO. 546   Offered January 13, 2010    Prefiled January 13, 2010
A BILL to amend and reenact § 29.1-509 of the Code of Virginia, relating to landowner liability arising from recreational activities; railroad rights-of-way.
Patron-- Edwards
Referred to Committee on Agriculture, Conservation and Natural Resources

Summary:  Landowner liability arising from recreational activities; railroad rights-of-way.* Ensures that railroad rights-of-way may be used for recreational purposes and for access to lands being used for recreational purposes without the easement holder owing a duty of care to the user. This exemption from civil liability already exists for landowners, but does not explicitly include railroad rights-of-way. The exemption does not apply if the landowner charges a fee for the use of the lands and does include gross negligence or willful or malicious failure to guard or warn against a dangerous condition.

 

 

http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+SB40
SENATE BILL NO. 40   Offered January 13, 2010   Prefiled January 4, 2010
A BILL to amend and reenact § 29.1-509 of the Code of Virginia, relating to the duty of care and liability of owners of flying fields and landing areas.
Patron-- Stuart
Referred to Committee on Agriculture, Conservation and Natural Resources

Summary:  Similar to SB546 but adds flying fields and landing areas.

 

BILLS THAT MAY EFFECT BICYCLIST  INDIRECTLY OR BE EXPANDED LATER

http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB163
HOUSE BILL NO. 163   Offered January 13, 2010    Prefiled January 5, 2010
A BILL to amend and reenact § 46.2-857 of the Code of Virginia, relating to driving abreast in a single lane.
Patron-- Orrock
Referred to Committee on Transportation

Summary: Motor vehicles passing in the same lane (including motorcycles.)

 

http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+SB321

SENATE BILL NO. 321    Offered January 13, 2010    Prefiled January 12, 2010

A BILL to amend and reenact § 46.2-857 of the Code of Virginia, relating to driving two abreast in a single lane.
Patrons-- Reynolds; Delegates: Armstrong and Merricks
Referred to Committee on Transportation
Summary: Motor vehicles passing in the same lane (including motorcycles.)

 

http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB1083
HOUSE BILL NO. 1083    Offered January 13, 2010   Prefiled January 13, 2010
A BILL to amend and reenact § 46.2-914 of the Code of Virginia, relating to operation of mopeds on certain highways.
Patron-- Crockett-Stark
Referred to Committee on Transportation

Summary:  Limitations on operation of mopeds.

http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB810

HOUSE BILL NO. 810   Offered January 13, 2010    Prefiled January 13, 2010
A BILL to amend and reenact § 46.2-1116 of the Code of Virginia, relating to maximum allowable length of triple saddle mount vehicles.

Patron-- Scott, E.T.

Referred to Committee on Transportation

Summary:  Vehicles having more than one trailer, etc., attached thereto; exceptions.


 

 

Call to Make Communities Safer for Biking and Walking through Planning and Facilities.

 

In 2009 BikeWalk Virginia completed research to provide the first ever comprehensive picture of the current state of biking and walking planning, resources, accommodations, and safety in the State of Virginia. Evidence shows that fatalities and injuries can be reduced through inclusion of biking and walking in community planning and infrastructure development.

The 2009 study contained two parts. Part I reported an inventory of bike and pedestrian planning and facilities such as bike lanes, greenways, and trails, in counties and cities located in Virginia. An index, The Virginia Active Transportation Index, was created and used for mapping and analysis. Part II reported a statistical analysis of the relationship between the current biking and walking planning and resources and injuries to bicyclists and pedestrians involving motor vehicle collisions. 

Study results supported that we can improve the lives of Virginia residents and visitors by having more discussion about bike and pedestrians needs and through inclusion of biking and walking infrastructure in planning and building. Cyclists and pedestrians are injured or killed every day. It is the responsibility of our elected officials to make sure that all forms of travel are supported. This need has grown as Virginia must now consider the health implications and environmental impacts of maintaining a car only mentality.

Please share this study with your community leaders. Ask questions. Keep dialogue on the table.

 

Download the Executive Summary

Download the Full Part I Report

Download the Full Part II Report

 

 

12/29/09

Rails-with-trails Resolution

BikeWalk Virginia and 24 other local, state, and national organizations have signed on with the Virginia Bicycle Federation resolution sent to Governor Timothy Kaine requesting support of bike and pedestrian accommodations with all major rail projects in Virginia. We are asking for Governor Kaine to require inclusion of bicycle and pedestrian access in planning for railway projects. This inclusion method is commonly referred to as Rails with Trails. This resolution comes at a critical time when rail transportation is being viewed

with increasing interest. Railways can and will likely play an important part of solving environmental concerns, roadway overcrowding,

and dependence on certain fuel types.

Multimodal transportation creates connected communities and multimodal transportation creates affordable, healthy, smart transportation alternatives for citizens and visitors. Funding is being set aside for rails projects at unprecedented levels. Failure to include access for bikes and pedestrians would continue to perpetuate a cycle of infrastructure development where people cannot comfortably and safely walk and bike.

See the resolution VBF Rails With Trails Resolution

Sign the VBF Rails with Trails petition today.  VBF Online Petition

12/29/09

 
 

 

Pedestrian & Bicycle Legislation in the General Assembly

Attempts to pass legislation requiring drivers to "stop" for pedestrians are done for the year 2009.  SB1239 (Barker) was left in the House Committee on Militia, Police, and Public Safety.  Thank you to all of you who contacted your state senators and delegates urging their support. And special thanks to Senator Barker and Delegates Ebbin and Shannon for sponsoring these bills.

12/29/09

National

Potential Funding for Pedestrian & Bicycle Projects in the Federal Economic Recovery Bill

This information is provided by America Bikes and the Safe Routes to School National Partnership.

The American Recovery and Reinvestment Act of 2009 has been passed by Congress and signed into law. The law provides $789 billion in spending and tax cuts to stimulate the economy. Four pots of funding are of interest to bicycle and pedestrian advocates:

Highway Funding and Transportation Enhancements: The law provides $27.5 billion in highway funding to modernize roads and bridges.

  • A total of $26.8 billion of the highway funding is distributed to states based on surface transportation program formulas which take into account population, miles of highway, and other factors.  States must spend 3 percent of their allocation on the Transportation Enhancements program, which is a primary source of bicycle and pedestrian infrastructure funding.  The remainder of the "highway" money also creates an opportunity to build complete streets.  All of the highway funding is flexible, and bicycle and pedestrian projects are eligible. The 3 percent in Transportation Enhancements is a minimum requirement, meaning that the states have some flexibility to allocate more money to this program. 
    $550 million goes to roads on federal lands, including $170 million for park roads and parkways.
  • 30 percent of each state's allocation is sub-allocated to urbanized areas.
  • For Virginia, it appears that the allocation to highways and bridges is $694 million, with projections of $20.8 million going to the state's Transportation Enhancement program. Calculated TE allocations by state.


School Modernization: States will be also receiving $53.6 billion in state fiscal stabilization funding. States must use 18.2 percent of their funding – or $9.7 billion – for public safety and government services. An eligible activity under this section is to provide funding to K-12 schools and institutions of higher education to make repairs, modernize, and renovate to meet green building standards. LEED’s green standards for schools include bicycle and pedestrian facilities and access to the school.


Energy Efficiency: $3.1 billion is provided for the Energy Efficiency and Block Grant Program, which provides formula funding to cities, counties, and states to undertake a range of energy efficiency activities. One eligible use of funding is for bicycle and pedestrian infrastructure.


Community Development Block Grants: $1 billion is provided for the Community Development Block Grant Program, which provides formula funding to cities and counties to address a wide range of unique community development needs,

The highest priority for advocates should be the highway funding, as it includes specific funding for bicycle and pedestrian projects through Transportation Enhancements and opportunities to apply Complete Streets principles to the rest of the highway funding.   In Virginia, the Commonwealth Transportation Board passed a policy in 2004 stating that bike and pedestrian accommodations be integrated with all transportation projects.  View the CTB Policy for Integrating Bicycle and Pedestrian Accommodations.

Sidewalks and bike lanes make streets and downtowns into destinations for shopping and entertainment. Investing in walking and biking facilities helps local business and is an investment in the local economy.

The other funding sources may include bicycle and pedestrian projects as eligible uses of funding, but the likelihood is much more remote given the large number of competing demands. It is important that advocates take action quickly as states and communities are moving quickly to select projects for funding.

Frequently Asked Questions

What can I do?  Recommended actions.

BikeWalk Virginia · A 501(c)(3) Organization  · 4801 Hermitage Road, Suite 101  ·  Richmond, VA 23227
(804) 261-0507  ·  Fax (888) 308-9427