SENATE
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.
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Patrons-- Reynolds; Delegates: Armstrong and
Merricks
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Referred to Committee on Transportation
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Be it enacted by the General Assembly of Virginia:
1. That
§ 46.2-857 of the Code of Virginia is amended and reenacted as follows:
§
46.2-857. Driving two abreast in a single lane.
A person shall be guilty
of reckless driving who drives any motor vehicle, including any motorcycle,
so as to be abreast of another vehicle in a lane designed for one vehicle,
or drives any motor vehicle, including any motorcycle, so as to travel
abreast of any other vehicle traveling in a lane designed for one vehicle.
However, this section shall not apply to any validly authorized parade,
motorcade, or motorcycle escort, or law-enforcement officers driving
motorcycles while on official duty, nor shall it apply to a motor vehicle
traveling in the same lane of traffic as a bicycle, electric personal
assistive mobility device, electric power-assisted bicycle, or moped.
You
can track the progress of this bill at the link below.
http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+SB321 SB522
SENATE BILL NO. 522
Offered January 13, 2010
Prefiled January
13, 2010
A BILL to amend and reenact § 46.2-1993 of the Code of
Virginia, relating to the definition of "relevant market area" as it applies
to motorcycle dealers.
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Patron-- Norment
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Referred to Committee on Transportation
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Be it enacted by
the General Assembly of Virginia:
1. That § 46.2-1993 of the Code of
Virginia is amended and reenacted as follows:
§ 46.2-1993. Definitions.
Unless the context otherwise requires, the following words and terms for the
purpose of this chapter shall have the following meanings:
"All-terrain
vehicle" shall have the meaning ascribed in § 46.2-100.
"Certificate of
origin" means the document provided by the manufacturer of a new motorcycle,
or its distributor, which is the only valid indication of ownership between
the manufacturer, its distributor, its franchised motorcycle dealers, and
the original purchaser not for resale.
"Dealer-operator" means the
individual who works at the established place of business of a dealer and
who is responsible for and in charge of day-to-day operations of that place
of business.
"Distributor" means a person who sells or distributes new
motorcycles pursuant to a written agreement with the manufacturer, to
franchised motorcycle dealers in the Commonwealth.
"Distributor branch"
means a branch office maintained by a distributor for the sale of
motorcycles to motorcycle dealers or for directing or supervising, in whole
or in part, its representatives in the Commonwealth.
"Distributor
representative" means a person employed by a distributor or by a distributor
branch, for the purpose of making or promoting the sale of motorcycles or
for supervising or contacting its dealers, prospective dealers, or
representatives in the Commonwealth.
"Factory branch" means a branch
office maintained by a person for the sale of motorcycles to distributors or
for the sale of motorcycles to motorcycle dealers, or for directing or
supervising, in whole or in part, its representatives in the Commonwealth.
"Factory representative" means a person employed by a person who
manufactures or assembles motorcycles, or by a factory branch for the
purpose of making or promoting the sale of its motorcycles, or for
supervising or contacting its dealers, prospective dealers, or
representatives in the Commonwealth.
"Factory repurchase motorcycle"
means a motorcycle sold, leased, rented, consigned, or otherwise transferred
to a person under an agreement that the motorcycle will be resold or
otherwise retransferred only to the manufacturer or distributor of the
motorcycle, and which is reacquired by the manufacturer or distributor, or
its agents.
"Family member" means a person who either (i) is the spouse,
child, grandchild, spouse of a child, spouse of a grandchild, brother,
sister, or parent of the dealer or owner, or (ii) has been employed
continuously by the dealer for at least five years.
"Farm utility
vehicle" shall have the meaning ascribed in § 46.2-100.
"Franchise" means
a written contract or agreement between two or more persons whereby one
person, the franchisee, is granted the right to engage in the business of
offering and selling, servicing, or offering, selling, and servicing new
motorcycles of a particular line-make or late model or factory repurchase
motorcycles of a particular line-make manufactured or distributed by the
grantor of the right, the franchisor, and where the operation of the
franchisee's business is substantially associated with the franchisor's
trademark, trade name, advertising, or other commercial symbol designating
the franchisor, the motorcycle or its manufacturer or distributor. The term
shall include any severable part or parts of a franchise agreement which
separately provides for selling and servicing different line-makes of the
franchisor.
"Franchised late model or factory repurchase motorcycle
dealer" means a dealer in late model or factory repurchase motorcycles,
including a franchised new motorcycle dealer, that has a franchise agreement
with a manufacturer or distributor of the line-make of the late model or
factory repurchase motorcycles.
"Franchised motorcycle dealer" or
"franchised dealer" means a dealer in new motorcycles that has a franchise
agreement with a manufacturer or distributor of new motorcycles.
"Independent motorcycle dealer" means a dealer in used motorcycles.
"Late
model motorcycle" means a motorcycle of the current model year and the
immediately preceding model year.
"Line-make" means the name of the
motorcycle manufacturer or distributor and a brand or name plate marketed by
the manufacturer or distributor. For the purposes of this chapter, the
"line-make" of a motorcycle manufacturer, factory branch, distributor, or
distributor branch shall include every brand of all-terrain vehicle and
off-road motorcycle manufactured or distributed bearing the name of the
motorcycle manufacturer or distributor.
"Manufacturer" means a person
engaged in the business of constructing or assembling new motorcycles.
"Motorcycle" means every motor vehicle designed to travel on not more than
three wheels in contact with the ground, except any vehicle included within
the term "farm vehicle" or "moped" as defined in § 46.2-100. Except as
otherwise provided in this chapter, for the purposes of this chapter
"all-terrain vehicles" and "off-road motorcycles" shall be deemed to be
"motorcycles."
"Motorcycle dealer" or "dealer" means any person who:
1. For commission, money, or other thing of value, buys, sells, exchanges,
either outright or on conditional sale, bailment lease, chattel mortgage, or
otherwise or arranges or offers or attempts to solicit or negotiate on
behalf of others a sale, purchase, or exchange of an interest in new
motorcycles, new and used motorcycles, or used motorcycles alone, whether or
not the motorcycles are owned by him;
2. Is wholly or partly engaged in
the business of selling new motorcycles, new and used motorcycles, or used
motorcycles only, whether or not the motorcycles are owned by him; or
3.
Offers to sell, sells, displays, or permits the display for sale, of five or
more motorcycles within any 12 consecutive months.
The term "motorcycle
dealer" does not include:
1. Receivers, trustees, administrators,
executors, guardians, conservators or other persons appointed by or acting
under judgment or order of any court or their employees when engaged in the
specific performance of their duties as employees.
2. Public officers,
their deputies, assistants, or employees, while performing their official
duties.
3. Persons other than business entities primarily engaged in the
leasing or renting of motorcycles to others when selling or offering such
motorcycles for sale at retail, disposing of motorcycles acquired for their
own use and actually so used, when the motorcycles have been so acquired and
used in good faith and not for the purpose of avoiding the provisions of
this chapter.
4. Any financial institution chartered or authorized to do
business under the laws of the Commonwealth or the United States which may
have received title to a motorcycle in the normal course of its business by
reason of a foreclosure, other taking, repossession, or voluntary
reconveyance to that institution occurring as a result of any loan secured
by a lien on the motorcycle.
5. An employee of an organization arranging
for the purchase or lease by the organization of motorcycles for use in the
organization's business.
6. Any person who permits the operation of a
motorcycle show or permits the display of motorcycles for sale by any
motorcycle dealer licensed under this chapter.
7. An insurance company
authorized to do business in the Commonwealth that sells or disposes of
motorcycles under a contract with its insured in the regular course of
business.
8. Any publication, broadcast, or other communications media
when engaged in the business of advertising, but not otherwise arranging for
the sale of motorcycles owned by others.
9. Any credit union authorized
to do business in Virginia, provided the credit union does not receive a
commission, money, or other thing of value directly from a motorcycle
dealer.
"Motorcycle salesperson" or "salesperson" means any person who is
licensed as and employed as a salesperson by a motorcycle dealer to sell or
exchange motorcycles.
"Motorcycle show" means a display of motorcycles to
the general public at a location other than a dealer's location licensed
under this chapter where the motorcycles are not being offered for sale or
exchange during or as part of the display.
"New motorcycle" means any
motorcycle which (i) has not been previously sold except in good faith for
the purpose of resale, (ii) has not been used as a rental, driver education,
or demonstration motorcycle, or for the personal and business transportation
of the manufacturer, distributor, dealer, or any of his employees, (iii) has
not been used except for limited use necessary in moving or road testing the
motorcycle prior to delivery to a customer, (iv) is transferred by a
certificate of origin, and (v) has the manufacturer's certification that it
conforms to all applicable federal motorcycle safety and emission standards.
Notwithstanding provisions (i) and (iii), a motorcycle that has been
previously sold but not titled shall be deemed a new motorcycle if it meets
the requirements of provisions (ii), (iv), and (v).
"Off-road motorcycle"
shall have the meaning ascribed in § 46.2-100.
"Original license" means a
motorcycle dealer license issued to an applicant who has never been licensed
as a motorcycle dealer in Virginia or whose Virginia motorcycle dealer
license has been expired for more than 30 days.
"Relevant market area"
means as follows:
1. In metropolitan localities with populations of
250,000 or more, the relevant market area shall be a circular area around an
existing franchised dealer not to exceed a radius of 10 20 miles.
2. If
the population in an area within a radius of 10 20 miles around an existing
franchised dealer is less than 250,000, but the population in an area within
a radius of 15 30 miles around an existing franchised dealer is 150,000 or
more, the relevant market area shall be that area within the 15-mile 30-mile
radius.
3. In all other cases the relevant market area shall be an area
within a radius of 20 40 miles around an existing franchised dealer or the
area of responsibility defined in the franchise, whichever is greater. In
any case where the franchise agreement is silent as to area responsibility,
the relevant market area shall be the greater of an area within a radius of
20 40 miles around an existing franchised dealer or that area in which the
franchisor otherwise requires the franchisee to make significant retail
sales or sales efforts.
In determining population for this definition,
the most recent census by the U.S. Bureau of the Census or the most recent
population update, either from the National Planning Data Corporation or
other similar recognized source, shall be accumulated for all census tracts
either wholly or partially within the relevant market area.
"Retail
installment sale" means every sale of one or more motorcycles to a buyer for
his use and not for resale, in which the price of the motorcycle is payable
in one or more installments and in which the seller has either retained
title to the goods or has taken or retained a security interest in the goods
under form of contract designated either as a security agreement,
conditional sale, bailment lease, chattel mortgage, or otherwise.
"Sale
at retail" or "retail sale" means the act or attempted act of selling,
bartering, exchanging, or otherwise disposing of a motorcycle to a buyer for
his personal use and not for resale.
"Sale at wholesale" or "wholesale"
means a sale to motorcycle dealers or wholesalers other than to consumers,
or a sale to one who intends to resell.
"Used motorcycle" means any
motorcycle other than a new motorcycle as defined in this section.
"Wholesale auction" means an auction of motorcycles restricted to sales at
wholesale.
You can track the progress of this bill at the link below.
http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+SB522HOUSE
OF REPRESENTATIVES
HB145
HOUSE BILL NO. 145
Offered
January 13, 2010
Prefiled January 5, 2010
A BILL to amend and
reenact § 46.2-1088.5 of the Code of Virginia, relating to reflectors on
certain trailers.
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Patron-- O'Bannon (By Request)
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Referred to Committee on Transportation
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Be
it enacted by the General Assembly of Virginia:
1. That § 46.2-1088.5 of
the Code of Virginia is amended and reenacted as follows:
§ 46.2-1088.5.
Reflectors or reflectorized material required on rear end of certain
trailers.
There shall be affixed to the rear end of every utility trailer
that does not require state inspection has an unloaded weight of 3,000
pounds or less either two or more reflectors of a type approved by the
Superintendent or at least 100 square inches of solid reflectorized
material. The reflectors or reflective material shall be applied so as to
outline the rear end of the trailer. For the purposes of this section,
"utility trailer" means a trailer whose body and tailgate consist largely or
exclusively of a metal mesh.
You can track the progress of this bill at
the link below.
http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB145 HB159
HOUSE BILL NO. 159
Offered January 13, 2010
Prefiled January
5, 2010
A BILL to amend the Code of Virginia by adding in Article 5 of
Chapter 9 of Title 15.2 a section numbered 15.2-980, relating to noise
ordinance violations.
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Patron-- Dance
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Referred to Committee on Counties, Cities and Towns
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Be it
enacted by the General Assembly of Virginia:
1. That the Code of Virginia
is amended by adding in Article 5 of Chapter 9 of Title 15.2 a section
numbered 15.2-980 as follows:
§ 15.2-980. Civil penalties for violations
of noise ordinances.
Any locality may, by ordinance, adopt a uniform
schedule of civil penalties for violations of that locality's noise
ordinance.
You can track the progress of this bill at the link below.
http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB159 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.
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Patrons-- Greason and Janis
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Referred to Committee on Transportation
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Be
it enacted by the General Assembly of Virginia:
1. That § 46.2-833 of
the Code of Virginia is amended and reenacted as follows:
§ 46.2-833.
Traffic lights; penalty.
A. Signals by traffic lights shall be as
follows:
Steady red indicates that moving traffic shall stop and remain
stopped as long as the red signal is shown, except in the direction
indicated by a lighted green arrow.
Green indicates the traffic shall
move in the direction of the signal and remain in motion as long as the
green signal is given, except that such traffic shall yield to other
vehicles and pedestrians lawfully within the intersection.
Steady amber
indicates that a change is about to be made in the direction of the moving
of traffic. When the amber signal is shown, traffic which has not already
entered the intersection, including the crosswalks, shall stop if it is not
reasonably safe to continue, but traffic which has already entered the
intersection shall continue to move until the intersection has been cleared.
The amber signal is a warning that the steady red signal is imminent.
Flashing red indicates that traffic shall stop before entering an
intersection.
Flashing amber indicates that traffic may proceed through
the intersection or past such signal with reasonable care under the
circumstances.
B. Notwithstanding any other provision of law, if a driver
of a motorcycle or moped or a bicycle rider approaches an intersection that
is controlled by a traffic light, the driver or rider may proceed through
the intersection on a steady red light only if the driver or rider (i) comes
to a full and complete stop at the intersection for 120 seconds, (ii)
exercises due care as provided by law, (iii) otherwise treats the traffic
control devices as a stop sign, and (iv) determines that it is safe to
proceed.
C. If the traffic lights controlling an intersection are out of
service because of a power failure or other event that prevents the giving
of signals by the traffic lights, the drivers of vehicles approaching such
an intersection shall proceed as though such intersection were controlled by
a stop sign on all approaches. The provisions of this subsection shall not
apply to: intersections controlled by portable stop signs, intersections
with law-enforcement officers or other authorized persons directing traffic,
or intersections controlled by traffic lights displaying flashing red or
flashing amber lights as provided in subsection A.
C.D. The driver of any
motor vehicle may be detained or arrested for a violation of this section if
the detaining law-enforcement officer is in uniform, displays his badge of
authority, and (i) has observed the violation or (ii) has received a message
by radio or other wireless telecommunication device from another
law-enforcement officer who observed the violation. In the case of a person
being detained or arrested based on a radio message, the message shall be
sent immediately after the violation is observed, and the observing officer
shall furnish the license number or other positive identification of the
vehicle to the detaining officer.
Violation of any provision of this
section shall constitute a traffic infraction punishable by a fine of no
more than $350.
You can track the progress of this bill at the link
below.
http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB752 HB933
HOUSE BILL NO. 933
Offered January 13, 2010
Prefiled January
13, 2010
A BILL to amend and reenact § 30-116 of the Code of Virginia,
relating to the General Assembly Conflicts of Interests Act; disposition of
cases.
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Patron-- Bell, Robert B.
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Referred
to Committee on Rules
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Be it enacted by the General
Assembly of Virginia:
1. That § 30-116 of the Code of Virginia is
amended and reenacted as follows:
§ 30-116. Disposition of cases.
Within 120 days of the chairman's receiving a signed and sworn complaint,
the Panel, or a majority of its members acting in its name, shall dispose of
the matter in one of the following ways:
1. If the Panel determines that
the complaint is without merit, the Panel shall dismiss the complaint, so
advise the complainant, and take no further action. In such case, the Panel
shall retain its records and findings in confidence unless the legislator
under inquiry requests in writing that the records and findings be made
public.
2. If the Panel determines that there is a reasonable basis to
conclude that the legislator has violated the provisions of this chapter but
that the violation was not made knowingly, the Panel shall refer the matter
by a written report setting forth its findings and the reasons therefor to
the appropriate house of the General Assembly for appropriate action. All
Panel reports, which are advisory only, shall be delivered to the Clerk of
the appropriate house, who shall refer the report to the Committee on
Privileges and Elections in accordance with the rules of the appropriate
house. Said Committee shall in all cases report, after due hearings and
consideration, its determination of the matter and its recommendations and
reasons for its resolves to the appropriate house. If the Committee deems
disciplinary action warranted, it shall report a resolution to express such
action. The appropriate house as a whole shall then consider the resolution,
and if it finds the legislator in violation of any provision of this
chapter, it may by recorded vote take such disciplinary action as it deems
warranted.
3. If the Panel determines that there is a reasonable basis to
conclude that the legislator knowingly violated any provision of Article 2
(§ 30-102 et seq.), 3 (§ 30-104 et seq.), 4 (§ 30-107 et seq.) or 5 (§
30-109 et seq.) of this chapter, except § 30-108 or subsection C of §
30-110, it shall refer the matter by a written report setting forth its
findings and the reasons therefor to the Attorney General for such action he
deems appropriate. The Panel shall also file its report with the Clerk of
the appropriate house, who shall refer the report in accordance with the
rules of his house. In the event the Attorney General determines not to
prosecute the alleged violation, he shall notify the Clerk of the
appropriate house of his determination and the Clerk shall send the report
to the Committee on Privileges and Elections. The matter shall thereafter be
handled in accordance with the provisions of subdivision 2.
4. If the
Panel determines that there is a reasonable basis to conclude that the
legislator has violated § 30-108 or subsection C of § 30-110, it shall refer
the matter by a written report to the appropriate house pursuant to
subdivision 2. As its first order of business other than organizational
matters and committee work, the house in which the member sits shall
immediately upon the convening of the next regular or special session take
up and dispose of the matter by taking one or more of the following actions:
(i) dismiss the complaint; (ii) sustain the complaint and reprimand the
member; (iii) sustain the complaint, censure the member, and strip the
member of his seniority; (iv) sustain the complaint and expel the member by
a two-thirds vote of the elected members; (v) in the event the house finds a
knowing violation, it may shall refer the matter to the Attorney General
pursuant to subdivision 3.
5. The Panel shall make public any report that
it refers pursuant to the provisions of subdivision 2, 3 or 4 on the date it
refers its report.
You can track the progress of this bill at the link
below.
http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB933 HB395
HOUSE BILL NO. 395
Offered January 13, 2010
Prefiled January
12, 2010
A BILL to amend and reenact § 46.2-910 of the Code of Virginia,
relating to helmet use; motorcycles.
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Patron-- Lohr
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Referred to Committee on Militia, Police and Public Safety
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Be it enacted by the General Assembly of Virginia:
1. That
§ 46.2-910 of the Code of Virginia is amended and reenacted as follows:
§
46.2-910. Motorcyclists to wear helmets, etc.; certain sales prohibited;
penalty.
A. Every person operating a motorcycle shall wear a face shield,
safety glasses or goggles, or have his motorcycle equipped with safety glass
or a windshield at all times while operating the vehicle, and operators and
any passengers thereon shall wear protective helmets. Operators and
passengers riding on motorcycles with wheels of eight inches or less in
diameter or in three-wheeled motorcycles which have nonremovable roofs,
windshields and enclosed bodies shall not be required to wear protective
helmets. The windshields, face shields, glasses or goggles, and protective
helmets required by this section shall meet or exceed the standards and
specifications of the Snell Memorial Foundation, the American National
Standards Institute, Inc., or the federal Department of Transportation.
Failure to wear a face shield, safety glasses or goggles, or protective
helmets shall not constitute negligence per se in any civil proceeding. The
provisions of this section requiring the wearing of protective helmets shall
not apply to operators of or passengers on motorcycles being operated (i) as
part of an organized parade authorized by the Department of Transportation
or the locality in which the parade is being conducted and escorted,
accompanied, or participated in by law-enforcement officers of the
jurisdiction wherein the parade is held and (ii) at speeds of no more than
fifteen miles per hour.
No motorcycle operator shall use any face shield,
safety glasses or goggles, or have his motorcycle equipped with safety glass
or a windshield unless of a type either (i) approved by the Superintendent
prior to July 1, 1996, or (ii) that meets or exceeds the standards and
specifications of the Snell Memorial Foundation, the American National
Standards Institute, Inc., or the federal Department of Transportation and
is marked in accordance with such standards.
B. It shall be unlawful to
sell or offer for sale, for highway use in Virginia, any protective helmet
that fails to meet or exceed any standard as provided in the foregoing
provisions of this section. Any violation of this subsection shall
constitute a Class 4 misdemeanor.
You can track the progress of this bill
at the link below.
http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB395 HB462
HOUSE BILL NO. 462
Offered January 13, 2010
Prefiled January
12, 2010
A BILL to amend and reenact § 46.2-1002 of the Code of
Virginia, relating to aftermarket exhaust system components.
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Patron-- Dance
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Referred to Committee on Transportation
----------
Be it enacted by the General Assembly of Virginia:
1. That
§ 46.2-1002 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1002. Illegal possession or sale of certain unapproved equipment.
It shall be unlawful for any person to possess with intent to sell or offer
for sale, either separately or as a part of the equipment of a motor
vehicle, or to use or have as equipment on a motor vehicle operated on a
highway any lighting device, warning device, signal device, safety glass, or
other equipment for which approval is required by any provision of this
chapter or any part or parts tending to change or alter the operation of
such device, glass, or other equipment unless of a type that has been
submitted to and approved by the Superintendent or meets or exceeds the
standards and specifications of the Society of Automotive Engineers, the
American National Standards Institute, Incorporated or the federal
Department of Transportation.
It shall be unlawful for any person to
possess with the intent to sell or offer for sale any aftermarket exhaust
system component intended for use on a motor vehicle if use of such
component would cause the vehicle to produce excessive or unusual noise in
violation of § 46.2-1049.
You can track the progress of this bill at the
link below.
http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB462
HOUSE BILL NO. 563
Offered January 13, 2010
Prefiled January 12,
2010
A BILL to amend and reenact § 2.2-1112 of the Code of Virginia and
to amend the Code of Virginia by adding a section numbered 19.2-270.7,
relating to equipment used to determine the decibel level of sound;
admissibility of determination; training.
----------
Patron-- Tata
----------
Referred to Committee for Courts of Justice
----------
Be it enacted by the General Assembly of Virginia:
1. That § 2.2-1112 of
the Code of Virginia is amended and reenacted and that the Code of Virginia
is amended by adding a section numbered 19.2-270.7 as follows:
§
2.2-1112. Standardization of materials, equipment and supplies.
A. So far
as practicable, all materials, equipment and supplies, purchased by or for
the officers, departments, agencies or institutions of the Commonwealth,
shall be standardized by the Division, and no variation shall be allowed
from any established standard without the written approval of the Division.
The standard shall be determined upon the needs of all using agencies, so
far as their needs are in common, and for groups of using agencies or single
using agencies so far as their needs differ. When changes or alterations in
equipment are necessary in order to permit the application of any standard,
the changes and alterations shall be made as rapidly as possible.
B. The
Division shall determine the proper equipment or electrical devices used to
monitor the speed of any motor vehicle pursuant to § 46.2-882 and shall so
advise the respective law-enforcement officials. Police chiefs and sheriffs
shall ensure that all such equipment and devices meet or exceed the
standards established by the Division. This provision subsection shall apply
only to equipment and devices purchased on or after July 1, 1986.
C. The
Division shall determine the proper equipment to be used to determine the
decibel level of sound and shall so advise the respective law-enforcement
officials. Police chiefs and sheriffs shall ensure that all such equipment
and devices meet or exceed the standards established by the Division. This
subsection shall only apply to equipment and devices purchased on or after
July 1, 2010.
§ 19.2-270.7. Determining decibel level of sound with
proper equipment; certificate as to accuracy of equipment.
A
law-enforcement officer may use equipment deemed proper pursuant to
subsection C of § 2.2-1112 to determine the decibel level of any sound,
including noise. The results of such determinations shall be accepted as
prima facie evidence of the decibel level of the sound in any court or legal
proceeding where the decibel level of the sound is at issue.
In any court
or legal proceeding in which any question arises about the calibration or
accuracy of such equipment used to determine the decibel level of sound, a
certificate, or a true copy thereof, showing the calibration or testing for
accuracy of the equipment, and when and by whom the calibration or test was
made, shall be admissible as evidence of the facts therein stated. No
calibration or testing of such equipment shall be valid for longer than 12
months.
You can track the progress of this bill at the link below.
http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB563 HB579
HOUSE BILL NO. 579
Offered January 13, 2010
Prefiled January
12, 2010
A BILL to amend and reenact §§ 15.2-919 and 46.2-1050 of the
Code of Virginia, relating to motorcycle noise; mufflers.
----------
Patron-- Cole (By Request)
----------
Referred to Committee on
Transportation
----------
Be it enacted by the General Assembly of
Virginia:
1. That §§ 15.2-919 and 46.2-1050 of the Code of Virginia are
amended and reenacted as follows:
§ 15.2-919. Regulation of motorcycle,
moped, or motorized skateboard or scooter noise.
Any locality may, by
ordinance, regulate noise from a motorcycle, moped, or motorized skateboard
or scooter, as defined in § 46.2-100, which that is not equipped with a
muffler and exhaust system conforming to §§ 46.2-1047 and , 46.2-1049, and
46.2-1050, if such noise may be hazardous to the health and well-being of
its citizens.
§ 46.2-1050. Mufflers on motorcycles.
It shall be
unlawful for any person to operate or cause to be operated any motorcycle
not equipped with a muffler or other sound dissipative device in good
working order and in constant operation. Motorcycles shall use a muffler
system in good working order that meets the federal standards under 40 C.F.R
§ 205.166.
No person shall remove or render inoperative, or cause to be
removed or rendered inoperative, other than for purposes of maintenance,
repair or replacement, any muffler or sound dissipative device on a
motorcycle.
You can track the progress of this bill at the link below.
http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB579
HB1267
HOUSE BILL NO. 1267
Offered January 19, 2010
A BILL to amend and reenact § 46.2-910 of the Code of Virginia, relating
to wearing of motorcycle helmets, etc.; penalty.
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Patron--
Gear
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Referred to Committee on Militia, Police and Public
Safety
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Be it enacted by the General Assembly of Virginia:
1. That §46.2-910 of the Code of Virginia is amended and reenacted as
follows:
§ 46.2-910. Motorcyclist to wear helmets, etc.; certain sales
prohibited; penalty.
A. Every person operating a motorcycle shall wear a
face shield, safety glasses or goggles, or have his motorcycle equipped with
safety glass or a windshield at all times while operating the vehicle, and
operators and any passengers thereon shall wear protective helmets.
Operators and passengers riding on motorcycles with wheels of eight inches
or less in diameter or in three-wheeled motorcycles which have nonremovable
roofs, windshields and enclosed bodies shall not be required to wear
protective helmets. The windshields, face shields, glasses or goggles, and
protective helmets required by this section shall meet or exceed the
standards and specifications of the Snell Memorial Foundation, the American
National Standards Institute, Inc., or the federal Department of
Transportation. Failure to wear a face shield, safety glasses or goggles, or
protective helmets shall not constitute negligence per se in any civil
proceeding. The provisions of this section requiring the wearing of
protective helmets shall not apply to operators of or passengers on
motorcycles being operated (i) as part of an organized parade authorized by
the Department of Transportation or the locality in which the parade is
being conducted and escorted, accompanied, or participated in by
law-enforcement officers of the jurisdiction wherein the parade is held and
(ii) at speeds of no more than fifteen miles per hour.
No motorcycle
operator shall use any face shield, safety glasses or goggles, or have his
motorcycle equipped with safety glass or a windshield unless of a type
either (i) approved by the Superintendent prior to July 1, 1996, or (ii)
that meets or exceeds the standards and specifications of the Snell Memorial
Foundation, the American National Standards Institute, Inc., or the federal
Department of Transportation and is marked in accordance with such
standards.
Any person who violates this subsection shall be subject to a
civil penalty of $25 to be paid into the state treasury and credited to the
Literary Fund, and no court costs shall be assessed.
B. It shall be
unlawful to sell or offer for sale, for highway use in Virginia, any
protective helmet that fails to meet or exceed any standard as provided in
the foregoing provisions of this section. Any violation of this subsection
shall constitute a Class 4 misdemeanor.
You can track the progress of
this bill at the link below.
http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB1267