The Bicyclist Safety Act has been signed by the governor, and will take effect July 1.

Bike-Related Bills in the 2020 Virginia General Assembly

Virginia State Capitol

Virginia State Capitol

The 2020 General Assembly session (1/7/2020-3/6/2020) is well underway, and eight of nine Virginia Bicycling Federation (VBF) legislative initiatives for this session have been introduced. While most VBF initiatives are pending a hearing in a committee or sub-committee, one bill, Senator Surovell’s Vulnerable Road User (SB437), passed the Senate (25 to 15) this week, and will next be heard in the House. The successful introduction of these bills is due to the active advocacy of people across the Commonwealth! 

In November, the VBF Board ranked nine initiatives that warranted pursuit and engagement, based primarily on potential impact on bicycling and bicycling safety. This update provides the status of each of these initiatives as of 1/23/2020.

Top Initiatives

Distracted Driving (hands-free cell phones): multiple bills filed. These bills are identical to bills that passed with large margins in 2019, but were killed as a result of conference committee changes.

Automated Speed Enforcement: this legislation would enable jurisdictions to establish an automated speed enforcement program using cameras, for vehicle that exceed the speed limit by at least 10 mph in school zones, work zones and resident districts.

Vulnerable Road Users, protection: provides that a careless or distracted driver who causes serious physical injury to a vulnerable road user is guilty of a Class 1 misdemeanor. The bill also prohibits the driver of a motor vehicle from crossing into a bicycle lane to pass or attempt to pass another vehicle, except in certain circumstances.

Other Initiatives

Contributory Negligence: provides that the negligence of a pedestrian or bicyclist who is involved in a collision with a motor vehicle shall not bar plaintiff’s recovery in any civil action unless the plaintiff’s negligence is (i) a proximate cause of the plaintiff’s injury and (ii) greater than the aggregated total amount of negligence of all the defendants that proximately caused the plaintiff’s injury.

Passing Vehicles Stopped at Crosswalks: prohibits the driver of a vehicle from overtaking and passing a vehicle stopped at a marked crosswalk to permit a pedestrian to cross the highway.

Stop for Pedestrians: clarifies the duties of vehicle drivers to stop when yielding to pedestrians at (i) clearly marked crosswalks, and any regular pedestrian crossing.

Increased Penalties: increases from a traffic infraction to a Class 2 misdemeanor the penalty for failure to obey traffic lights or stop for pedestrians when such failure results in the death or serious bodily injury of a pedestrian or wheel chair user.

Using Bike Lanes to Pass: a prohibition of using a bike lane to pass is included in Senator Surovell’s Vulnerable Road User (SB437), which passed the Senate (25 to 10) on 1/22

Idaho Stop: would allow cyclists to treat a stop sign as a yield sign, and a red light as a stop sign. Initial discussions with potential sponsors suggest this would be better introduced in the 2021 General Assembly session.

Read More

General Assembly Considers Bike-Related Bills (Fairfax Alliance for Better Bicycling)

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