REVISIONS TO VIRGINIA'S MOTORCYCLE, AND BICYCLE LAWS. A. Swift. Dean. Legal Assistant. University of Virginia) Charlottesville, September 79-RI 5

Transcription

1 REVISIONS TO VIRGINIA'S SUGGESTED MOTORCYCLE, AND BICYCLE LAWS PEDESTRIAN, A. Swift Den Legl Assistnt Grdute opinions, findings, nd conclusions expressed in this (The re those of uthor nd not necessrily those of report Highwy $ Trnsporttion Reserch Council Virgini Coopertive Orgniztion Sponsored Jointly by Virgini (A of Highwys & Trnsporttion nd Deprtment University of Virgini) 1978 September 79-RI 5 VHTRC by Prepred by Virgini Highwy nd Trnsporttion Report Council Under Sponsorship of Reserch Virgini Deprtment of Trnsporttion Sfety sponsoring gencies.) Chrlottesville, Virgini

2 R. W. DUVAL, Chirmn, Deputy Director, Virgini Deprtment MR. Trnsporttion Sfety of FRiD K ALTOBELLI, Regionl Administrtor, Ntionl Highwy MR. Sfety Administrtion Trffic J. L. HAZELW00D, Driver Services Administrtor, Div. of Motor MR. Vehicles C. P. HEITZLER, JR., Progrm Mnger, Div. of Mngement Anlysis MR. Systems Development nd D. 0. MCALLISTER, Trffic Engineer, V. Dept. of MR. Sfety H. R. JOHNSON, Mngement Informtion Systems Director, Office of MR. of Trnsporttion Secretry SAFETY RESEARCH ADVISORY COMMITTEE MAJOR C. M. BOLDIN, Field Supervisor, V. Dept. of Stte Police MR. W. E. DOUGLAS, Asst. Director, V. Dept. of Trnsporttion Sfety MR. W. S. FERGUSON, Reserch Anlyst, VHSTRC MR. J. K. HICKMAN, VASAP Evlutor, V. Dept. of Trnsporttion Sfety Trnsporttion MR. R. M. MCDONALD, Project Director, Hwy. Sfety Trining Center, V.C.U. MR. B. G. JOHNSON, Supervisor, Driver Eduction, Stte Dept. of Ed. MR. R. F. MCCARTY, Sfety Progrm Coordintor, FHWA MR. A. L. THOMAS, Asst. Trffic $ Sfety Engineer, VDHgT MR. AMBROSE WOODR00F, Asst. Attorney Generl, Conumonwelth of Virgini ii

3 evlution of lws of Virgini governing pedestrin An nd opertion of bicycles nd motorcycles reveled movement number of chnges re clled for. Comprisons between tht Virgini lw, Uniform Vehicle Code (U.V.C.) nd current lnguge of proposls presented in report hs The tken in lrge prt from U.V.C. The suggested mendments been dditions hve been formulted to meet necessity for compre- nd protection for pedestrins nd cyclists, s well s to hensive ABSTRACT selected sttutes from or sttes drmtize need for mendment. define ir rights in reltion to those of motorists. clerly proposed chnges, however, hve been designed to void mjor The revisions in current lw. iii

4

5 REVISIONS TO VIRGINIA' S SUGGESTED MOTORCYCLE, AND BICYCLE LAWS PEDESTRIAN, A. Swif Den Legl Assistnt Grdute request of Director of Virgini Deprtment of At -Sfety, Highwy nd Trnsporttion Reserch Trnsporttion hs evluted lws of Virgini which control pedestrin Council nd regulte opertion of bicycles nd motorcycles. movement. result of this evlution, it is believed tht number of As in existing lws re wrrnted. The objectives of chnges proposls formulted in this report represent combintion The current Virgini lws with selected provisions from Uniform of Code (U.V.C.) nd or selected stte sttutes. Although Vehicle of lnguge in proposed mendments hs been borrowed much Uniform Vehicle Code, specil effort hs been mde to void from tht would significntly chnge Virgini lw. proposls Virgini's pedestrin lws compre fvorbly with Although of her sister sttes, mny or sttes re more protective those pedestrins thn Virgini. In prticulr, Cliforni is noted of hving lws which extend mximum protection to pedestrins. A for of differences between Code of Virgini nd Cliforni few re discussed below. Also some comprisons with U.V.C. sttutes considered. Differences between se sttutes clerly show re dditionl protection for pedestrins my be ttined by tht by INTRODUCTION chnges re twofold" (I) To provide mximur protection proposed pedestrins nd cyclists, while respecting rights of motor- for nd (2) to provide systemtic.set of rules which clerly ists; rights of pedestrins nd cyclists versus ights define of motorists. PEDESTRIAN LAWS sttutory revision.

6 .Comp.ri,s o, ns 9,.,f,Pede,stri.n Lws Sttutory "When crossing highwys or streets, pedestrins (I) not crelessly or mliciously interfere shll orderly pssge of vehicles." V. Code with is opening sentence of Virgini's pedestrin sttutes. This this sentence sets tone for pedestrin section. Accordingly, tone is hostile to pedestrins nd suggests tht Unfortuntely, movement of vehicles is more importnt thn pedestrin sfety. provision comprble to is in eir Cliforni No or U.V.C. Code "They [pedestrins] shll cross wherever possible (2) t intersections or mrked crosswlks. Where only intersections of highwys or streets contin no ny crosswlks pedestrins shll not be guilty of mrked s mtter of lw for crossing t ny such negligence or between intersections when crossing by intersection is only section of Virgini's code which dels with pedes- This crossing outside crosswlks nd it does not define contrins nd responsibilities of pedestrins outside crosswlks nd rights responsibilities of drivers encountering m. "No pedestrin shll enter or cross n intersection (3) disregrd of pproching trffic." V. Code Ann. in section is limittion on pedestrin right-of-wy grnted This I V. Code Ann. Both Cliforni Code nd in hve limittions, but wording is quite different from U.V.C. in Virgini's limittion. Cliforni Code sttes tht provisions of this section shll not relieve pedes- "The from duty of using cre for his sfety. No pedes- trin shll suddenly leve curb or or plce of sfety trin wlk or run into pth of vehicle which is so close nd difference between Virgini nd Cliforni Code is subtle The cn be extremely importnt in court of lw. An injured pedes- but Ann most direct route." V. Code Ann of not crossing t crosswlk. In contrst, both sequences Code ( 21954) nd U.V.C. ( ) spell out Cliforni tht s to constitute n immedite hzrd." trin in Cliforni need only prove tht he did not "suddenly

7 or run" into pth of vehicle tht posed n "im nedite wlk The sme pedestrin in Virgini must show tht he did hzrd." "disregrd" "pproching trffic," in spite of fct tht not should yield to him if re is time. Under Virgini lw, trffic pedestrin is well-dvised to sty on corner until re is trffic in sight. no vehicle shll exercise due cre to void colliding of ny pedestrin nd shll give wrning by sounding with horn when necessry nd shll exercise proper pre- upon observing ny child or ny obviously con- cution incpcitted or intoxicted person." fused, (u.v.c.) section on responsibility of drivers to exercise due cre This pedestrins, nd similr, though less comprehensive pro- towrd in Cliforni Code, hs no counterprt in Virgini vision Such section would seem highly desirble in promotion Code.!,ndic_te.d by, Sttutpry. C. ompri..sq..ns Chnge.s.. foregoing comprisons revel, Virgini's pedestrin As Reorgniztion of sttutes to distinguish (i) nd privileges of pedestrins within cross- rights or t n intrsection, from those crossing wlk, outside crosswlk or intersection. rodwy enter or cross n intersection in disregrd of shll trffic," to form which forbids only pproching movements into pth of vehicles so close sudden to crete n imminent hzrd. s of se chnges hs been incorported into proposed Ech tht re set forth below. In ddition to se chnges, mendments number of or chnges hve been recommended. Mny of se ddi- chnges re needed to provide more systemtic protection of tionl "Notwithstnding or provisions of this chpter or (4) provisions of ny locl ordinnce, every driver of pedestrin sfety. lws might well benefit from revision. At minimum, protection revision should include following chnges. ny Modifiction of limittion on pedestrin right- (2) t crosswlks, which now reds "No pedestrin of-wy Inclusion of section to require drivers to exercise due (3) towrd pedestrins t ll times. cre pedestrins thn is now provided.

8 ProPOsed Pedestrin Lws is suggested tht doption of following regultions It ccomplish objectives set forth bove. The section num- would used in this proposl re intended primrily for reference bers However, section numbers generlly correspond to purposes. The driver of vehicle shll yield right-of-wy pedestrin crossing rodwy within ny mrked to or within ny unmrked crosswlk t n inter- crosswlk except t intersections where movement of section, is being regulted by trffic officers or trffic trffic devices. direction The provisions of this section shll not relieve from duty of using cre for his sfety. pedestrin pedestrin shll suddenly leve curb or or No of sfety nd wlk or run into pth of plce which is so close s to constitute n immedite vehicle hzrd. Prgrph shll not pply under conditions stted in I The provisions of subdivision shll not relieve (d) of vehicle from duty of exercising due cre driver sfety of ny pedestrin within ny mrked cross- for or within ny unmrked crosswlk t n intersection. wlk drivers of vehicles entering, crossing or turning t The shll chnge ir course, slow down or come intersections Pedestrins crossing highwys or streets t intersections (e) t ll times hve right-of-wy over vehicles shll turns into highwy or streets being crossed mking pedestrins. by shll move, whenever prcticble, upon right Pedestrins of crosswlks. hlf current lw. The legisltive proposl is s follows" Pedestrins' right-of-wy t crosswlks complete stop if necessry to permit pedestrins to to such intersections sfely nd expeditiously. cross Pedestrins to use right hlf of crosswlk

9 Every pedestrin crossing rodwy t ny point or within mrked crosswlk or within n unmrked thn Any pedestrin crossing rodwy t point where tunnel or overhed pedestrin crossing hs pedestrin provided shll yield right-of-wy to ll been upon rodwy. vehicles Between djcent intersections t which trffic-control re in opertion pedestrins shll not cross t signls shll not be guilty of negligence s mtter of trins for filure to cross t sid intersections. They lw The governing body of n incorported town or city or (d) governing body of county uthorized by lw to Pedestrin obedience to trffic control devices nd regultions trffic Pedestrins shll be subject to ll officil trffic pedestrin control signls nd shll obey nd by police officer. Whenever specil pedestrin directed signls exhibiting words "Wlk" or "Don't control re in plce such signls shll indicte s Wlk"!lows fo Wlk- Pedestrins fcing such signl my (I) cross highwy in direction proceed signl nd shll be given right- of by drivers of ll vehicles. of-wy Crossing t or thn crosswlks t n intersection shll yield right-of- crosswlk to ll vehicles upon rodwy. wy plce except in mrked crosswlk, but where inter- ny of streets contin no mrked crosswlks pedes- sections shll cross only t right ngles. trffic my by ordinnce permit pedestrins regulte cross n intersection digonlly when ll trffic to intersection hs been hlted by lights, entering or signls by pece or police officer. semphores, of ny officil trffic control device instructions pplicble to m unless orwise specificlly

10 Don't Wlk- No pedestrin shll strt to (2) highwy in direction of such cross proceed to sidewlk or sfety islnd shll Don't Wlk signl is showing. while At ll or plces, pedestrins shll be ccorded nd shll be subject to restrictions privileges Pedestrin to yield right-of-wy to emergency vehicles Pedestrins shll yield right-of-wy upon pproch of n uthorized emergency vehicle immedite described in mking use of udible nd s signls s required by visul This section shll not relieve driver of n uthorized vehicle from duty to drive with due regrd emergency sfety of ll persons using highwy nor from for duty to exercise due cre to void colliding with ny Pedestrins stepping into street where y cnnot seen be shll not step into tht portion of highwy or Pedestrins open to moving vehiculr trffic t ny point between inter- street where ir presence would be obscured from vision of sections of pproching vehicles by vehicle or or obstruction drivers curb or side, except to bord pssenger bus or to enter t zone, in which event y shll cross highwy or street sfety ctully bording or lighting from pssenger buses pedes- When shll hve right-of-wy over vehicles, but shll not, in trins Where sidewlk is provided nd its use is prcticble, shll be unlwful for ny pedestrin to wlk long it but ny pedestrin who hs prtilly signl, his crossing on Wlk signl completed stted in this Article. pedestrin. only t right ngles Bording or lighting from buses to bord or light from pssenger buses, step into highwy order street sooner nor memin re longer thn is bsolutely necessry or Pedestrins on highwys nd upon n djcent rodwy.

11 Where sidewlk is not vilble, ny pedestrin long nd upon highwy shll wlk only on wlking shou!der s fr s prcticble from edge of rodwy. Where neir sidewlk nor shoulder is vilble, pedestrin wlking long nd upon highwy shll ny s ner s prcticble to n outside edge of wlk nd, if on two-wy rodwy, shll wlk only rodwy, Except s orwise provided in this Article, ny pedes- (d) upon rodwy shll yield right-of-wy to ll trin No person shll stnd on or in proximity to street or for purpose of soliciting wtching or highwy of ny vehicle while prked or bout to be gurding on street or highwy. prked pedestrin who is under influence of lcohol or ny drug A degree which renders him hzrd shll not wlk or be upon to highwy except on sidewlk. No pedestrin shll enter or remin upon ny bridge or reto beyond bridge signl, gte, or pproch fter bridge opertion signl indiction hs brrier given. been No pedestrin shll pss through, round, over or under crossing gte or brrier t rilrod grde cross- ny or bridge while such gte or brrier is closed or ing being opened or closed. is Pedestrins shll not loiter on ny bridge on which Highwy nd Trnsporttion Commissioner hs posted Stte prohibiting such ction. Any person violting signs of this section shll be guilty of misdemenor provisions on left side of rodwy. vehicles upon rodwy $5.1 Pedestrins soliciting rides or business No person shll stnd in rodwy for purpose of ride. soliciting No person shll stnd on highwy for purpose of employment or business from occupnt of soliciting ny vehicle Pedestrins under influence of lcohol or drugs Pedestrins on bridges nd t rilrod grde crossings nd, upon conviction, shll be punished ccordingly.

12 Plying on streets or highwys; roller sktes, toys or devices on wheels or runners; persons riding bicycles, or No person shll ply on highwy or street, or thn sidewlk reof, within city or town or on upon prt of highwy outside limits of city or ny designted by Stte Highwy nd Trnsporttion town exclusively for vehiculr trvel. No person Commissioner use on highwy or street where ply is prohibited shll sktes, or toys or or devices on wheels or roller except bicycles nd motorcycles. The governing runners, of counties, cities nd towns my designte res bodie highwys or streets where ply is prohibited or my on or streets hve two trffic lnes, such persons using wys devices, except bicycles nd motorcycles, shll keep such ner s resonbly possible to extreme left. side s edge of left-hnd trffic lne so tht y will or No person riding upon ny bicycles, roller sktes, toys or devices on wheels or runners, sh ll ttch or person convicted of violting ny of provisions of Any through shll be fined not less thn two dollrs When vehicles to stop for pedestrins guided by or crrying white, red-tipped white or metllic cne dog pedestrin is crossing or ttempting to cross Whenever street or highwy, guided by guide dog or crrying in public or extended position cne or wlking stick clerly visible rised body which is metllic or white in color or white tipped bove t such intersection or plce of crossing, unless such rriving or plce of crossing is controlled by trffic officer. intersection Construction of , filure to use cne or dog not contributory negligence guide contined in shll be construed to deprive Nothing totlly or prtilly blind or orwise incpcitted person, ny etc., not to ttch to vehicles ply to use of roller sktes, or toys or restrict devices on wheels or runners nd, if such high- or be fcing oncoming trffic t ll times. sme or himself to ny vehicle upon rodwy Penlty for violting to nor more thn twenty-five dollrs for ech offense. red, driver of every vehicle pproching intersection with plce of crossing shll bring his vehicle to full stop before or person violting ny provision of section shll be guilty Any Clss 4 misdemenor. of

13 crrying such cne or wlking stick or not being guided by not dog, of rights nd privileges conferred by lw upon pedes- crossing streets or highwys, nor shll filure of such trins or prtilly blind or orwise incpcitted person to totlly cne or wlking stick or to be guided by guide dog upon crry streets, highwys or sidewlks of this Commonwelth be held to Drivers to exercise due cre cre to void colliding with ny pedestrin (or ny person pro- due humn-powered vehicle) nd shll give n udible signl pelling The driver of vehicle crossing sidewlk shll right-of-wy to ny pedestrin nd ll or trffic yield recretionl ctivity hs incresed drmticlly. Fced with volume of bicycle trffic nd corresponding increse incresing exclusiv.e use of pedestrins nd which is protected or so mrked or indicted by dequte signs s to be plinly is t ll times while set prt s sfety zone." visible is no comprble definition in Code of Virgini. According- There constitute nor be evidence of contributory negligence. or provisions of this Article or pro- Notwithstnding of ny ordinnces, every driver of vehicle shll exercise visions necessry nd shll exercise proper precution upon observing when child or ny obviously confused, incpcitted or intoxicted ny person. No vehicle shll t ny time be driven through within sfety zone* or on sidewlk BICYCLE LAWS of...curren t Bigycle Lws Anlys_is recent yers bicycling s mens of trnsporttion nd s In Zone" is defined in U.V.C. s" *"Sfety re or spce officilly set prt within rodwy for "The ly, legisltion dopting such definition my be dvisble.

14 provisions which govern turning, signling, nd pmking of include The cumment Vimgini lws controlling bicycle turning, bicycles. nd prking fil to consider unique nture of signling, in tmffic. bicyclists with proposed dditions to current bicycle lws, Along significnt chnge in lws is suggested. The proposed mendone would permit bicycles to be ridden on sidewlks. This proposl ments fct tht, in mny cses, it is sfer for bicyclists, recognizes children, to operte off highwy nd out of trffic. prticulrly bicyclist should be given option of riding upon Accordingly, sidewlk or street, becuse n bsolute bn on riding bicycle sidewlks my unnecessrily force bicyclists into potentilly on legisltive proposl to effect dditions nd chnges The bove is s follows" discussed Trffic lws pply to persons on bicycles nd humn-powered vehicles or driver of ny or vehicle except s to specil regultions to this Article nd except s to those provisions which by ir in Every person operting bicycle upon rodwy shll s ner to right side of rodwy s prc- ride Persons riding bicycles upon highwy shll not ride or more brest except on pths or prts of high- two interction bezween bicycles nd motom vehicles, iz is resonble in mecommend number of dditions to existing Vimgini lws. to dditions pe wmmnted to define more clerly how bicycliszs These to operte in trffic. For exmple, proposed mendments re situtions. Of course, use of bicycles on sidewlks hzrdous be prohibited by trffic control devices when circumstnces my wrrnt such prohibition. prgposed Bicycle_ Lws person propelling vehicle by humn power or riding Every shll hve ll of rights nd ll of duties pplicble bicycle nture cn hve no ppliction Riding on rodwys nd bicycle pths exercising due cre when pssing stnding ticble, or one proceeding in sme direction. vehicle wys set side for exclusive use of bicycles. Wherever usble pth for bicycles hs been provided to rodwy, bicycle riders shll use such djcent pth nd shll not use rodwy. I0

15 Bicycles nd humn-powered vehicles on sidewlks A person propelling bicycle upon nd long side- or cross rodwy upon nd long crosswlk, wlk, yield right-of-wy to ny pedestrin nd shll give n udible signl before overtking nd shll A person shll not ride bicycle upon nd long or cross rodwy upon nd long cross- sidewlk A person propelling vehicle by humn power upon nd sidewlk, or cross rodwy upon nd long long crosswlk, shll hve ll rights nd duties to pedestrin under sme circumstnces. pplicble bicycle shll be used to crry more persons t one time No number for which it is designed or equipped, except tht thn dult rider my crry child securely ttched to his person n bckpck or sling. in person operting bicycle shll crry ny pckge, bundle No rticle which prevents use of both hnds in control nd or No person riding upon ny bicycle, coster, roller sled or toy vehicle shll ttch sme sktes, or semitriler hs been designed for such triler ttchment. A person riding bicycle nd intending to turn left shll course described in or in ubsection. follow pssing such pedestrin. where such use of bicycles is prohibited by wlk, trffic control devices. officil Riding on bicycles Crrying rticles while operting bicycle of bicycle. A person operting bicycle shll keep opertion lest one hnd on hndlebrs t ll times. t Clinging to vehicles himself to ny (streetcr or) vehicle upon or rodwy. This section shll not prohibit ttching bicycle or bicycle semitriler to bicycle if tht triler Left turns for bicyclists ii

16 A person riding bicycle nd intending to turn left -'- = shll pproch :-,], s close s prcticble to turn curb or edge of rodwy. After proceeding right intersecting rodwy, he shll mke cross s close s prcticble to curb or edge of turn on fr side of intersection. After rodwy bicyclist shll comply with ny officil turning, control device or police officer regulting trffic Notwithstnding foregoing provisions, stte high- commission nd locl uthorities in ir respective wy my cuse officil trffic control devices jurisdictions be plced nd reby require nd direct tht specific to be trveled by turning bicycles, nd when such course re so plced, no person shll turn bicycle devices Except s provided in this section, person riding shll comply with bicycle A signl of intention to turn right or left when required be given continuously not less thn lst I00 shll trveled by bicyclist before turning, nd shll feet given while bicyclist is stopped witing to turn. be signl by hnd nd rm need not be given continuously A hnd is needed in control or opertion of if A person my prk bicycle on sidewlk unless pro- or restricted by n officil trffic control hibited A bicycle prked on sidewlk shll not impede norml resonble movement of pedestrin or or trffic. nd A bicycle my be prked on rodwy t ny ngle to curb or edge of rodwy t ny loction where prking is llowed. A bicycle my be prked on rodwy brest of nor (d) or bicycles ner side of rodwy t ny bicycle trffic on highwy long which he intends to proceed. or thn s directed nd required by such devices Turn nd stop signls for bicyclists bicycle Bicycle prking device. loction where prking is llowed. A person shll not prk bicycle on rodwy in such (e) mnner s to obstruct movement of leglly prked motor vehicle. 12

17 In ll or respects, bicycles prked nywhere on (f) shll conform with provisions regulting highwy Bicycle rcing on highwys is prohibited except s in this section. uthorized on ny highwy under ir respective juris- uthorities Approvl of bicycle highwy rcing events dictions. be grnted only under conditions which ssure shll sfety for ll rce prticipnts, specttors resonble or highwy users, nd which prevent unresonble nd with trffic flow which would seriously interference inconvenience or highwy users. By greement with pproving uthority, prticipnts n pproved bicycle highwy rcing event my be in dequte to ssure sfety of ll highwy users. It is misdemenor for ny person to do ny ct for- or fil to perform ny ct required by bidden The prent of ny child nd gurdin of ny wrd not uthorize or knowingly permit ny such child shll wrd to violte ny of provisions of se or sections. Anlysis of Current Motorcycle Lws present, opertion of motorcycle in Virgini is At with one exception, by provisions of regulted, Code Ann. The exception, which provides tht operting motor- V. two brest in single lne constitutes reckless driving, cycles.prking of vehicles Bicycle rcing Bicycle rcing on highwy shll not be unlwful when rcing event hs been pproved by stte or locl from complince with ny trffic lws omwise exempted reto, provided tht trffic control is pplicble Effect of regultions through MOTORCYCLE LAWS 13

18 found t (dl) V. Code Ann.!t is believed hz is is fundmentlly sound, but would be improved if its were ctegorized bsed upon some common element. provisions proposed!egislzion which is submitted incorportes Accordingly, provisions of $8.i-172, but is orgnized by plcing most pro- The into one of three ctegories" (i) motorcycle equipment, visions The course of reorgniztion, lnguge of some provisions In been ltered, but The proposed lws re essentilly sme s hs previous lws. The only substntil difference in proposed is tht 6.I-190 (dl), noted bove, hs been bndoned. legisltion motorcycles would be permitted to operte two brest in Therefore, single lne. This proposed chnge is wrrnted by two consider- (i) Motorcycles operted two brest increse The visibility tions" motorcyclist nd reby provide incresed protection for of number of good citizens who probbly re unwre tht y re in "reckless driving" conduct. engged ddition to reorgnizing existing lw on motorcycle In proposl dds number of pmovisions. The dditions opemtion, set forth below. A meview of se dditions nd considemzion re objectives dvnced by m will demonszmte ir desirbility. of A person shll ride upon motorcycle only while sitting (i) se, fcing forwrd, with one leg on ech stride No person shll operte motorcycle while crrying ny (2) bundle, or or rticle which prevents him pckge, opertor shll crry ny person, nor shll ny person No in position tht will interfere with opertion ride, No person riding motorcycle shll ttch himself ( ) or motorcycle to ny or vehicle (or streetcr) on No person shll operte ny motorcycle with hndlebrs (5) thn 15 inches in height bove tht portion of more (2) mnner of riding, ( ) mnner of opertion in trffic. nd (2) permitting prllel opertion of motorcycles motorcyclist; single lne merely conforms to common prctice dhered to by in side of The motorcycle. from keeping both hnds on hndlebrs. or control of motorcycle or view of opertor. rodwy. se occupied by The opertor.

19 Proposed. MotoF.cycle Lws legisltive pmoposl fore mevision of Vimgini's motor- The lws is s follows" cycle driver of ny or vehicle under this ct, except s to specil in this rticle nd except s to those provisions of regultions Operting motorcycles on rodwys lned for trffic All motorcycles re entitled to full use of lne nd motor vehicle shll be driven in such mnner s to no ny motorcycle of full use of lne. This deprive shll not pply to motorcycles operted two subsection The opertor of motorcycle shll not overtke nd pss sme lne occupied by vehicle being overtken. in No person shll operte motorcycle between lnes of or between djcent lines or rows of vehicles. trffic nd shll not pply to police officers Subsections performnce of ir officil duties. in This section shll not pply to ny vlidly uthorized (f) motorcde or motorcycle escort. prde, A person operting motorcycle shll ride only upon permnent nd regulr set ttched reto, nd opertor shll not crry ny or person nor such ny or person ride on. motorcycle unless shll nd regulr set if designed for two persons, permnent upon nor set firmly ttched to motorcycle or Trffic lws pply to persons operting motorcycles person operting motorcycle shll be grnted ll of Every rights nd shll be subject to ll of duties pplicble to this ct which by ir nture cn hve no ppliction. brest in single lne. Motorcycles shll not be operted more thn two brest (d) single lne. in Riding on motorcycles motorcycle is designed to crry more thn one such in which event pssenger my ride upon person, t rer or side of opertor. 15

20 A person shll ride upon i /Q motorcycle only while stride set, fcing forwrd, with one sitting No person shll operte motorcycle while crrying pckge, bundle, or or rticle which prevents ny No opertor shll crry ny person, nor shll ny (d) ride, in position tht will interfere with person or control of motorcycle or view of opertion opertor. person riding motorcycle shll ttch himself or No to ny or vehicle (or streetcr) on rodwy. motorcycle No person shll operte or ride upon motorcycle he is wering protective hedger which complies unless stndrds estblished by Superintendent of with Police. Opertors nd pssengers riding on motor- Stte with wheels of eight inches or less in dimeter cycles not be required to wer protective helmets. shll sfety glss or windshield t ll times while with sid vehicle. No motorcycle opertor shll use operting fce shield, sfety glsses or goggles or hve his ny equipped with sfety glss or windshield motorcycle Filure to wer fce shield, sfety glsses or goggles protective helmet shll not constitute negligence per or Any motorcycle crrying pssenger or thn in or enclosed cb shll be equipped with footrests sidecr for such pssenger. leg on ech side of motorcycle. him from keeping both hnds on hndlebrs Clinging to or vehicles Equipment for motorcycle riders A person operting motorcycle shll wer fce shield, glsses or goggles or hve his motorcycle equipped sfety unless of type pproved by Superintendent. se in ny civil proceeding Footrests nd hndlebrs No person shll operte ny motorcycle with hndlebrs thn 15 inches in height bove tht portion of more set occupied by opertor. 16

21 my be ssumed tht policy underlying pedestrin, It nd bicycle lws should be to clerly nd equitbly motorcycle, rights nd obligtions of those to whom lws pply. define sfety of ll concerned is of prmount importnce. Moreovem, to qulity of Code by which stte seeks to melted public behvior. Thus, where Virgini Code stmys from govern intended effect, s in filure of curment pedestrin its to define consequences of not cmossing t crosswlk, sttute should be medily cknowledged tht re is need for mevision. it is with se considertions in mind tht foregoing proposls It CONCLUSION nd well-orgnized sttutes go fr towrd ccomplishing Comprehensive gol, fore sfety of those who use highwys is directly this re submitted. 17

22