Bill Text: VA HB1372 | 2016 | Regular Session | Introduced
Bill Title: Autonomous vehicles and piloted vehicles; definitions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-16 - Left in Transportation [HB1372 Detail]
Download: Virginia-2016-HB1372-Introduced.html
|
16103854D Be it enacted by the General Assembly of Virginia: 1. That §46.2-100 of the Code of Virginia is amended and reenacted as follows: §46.2-100. Definitions. As used in this title, unless the context requires a different meaning: "All-terrain vehicle" means a motor vehicle having three or more wheels that is powered by a motor and is manufactured for off-highway use. "All-terrain vehicle" does not include four-wheeled vehicles commonly known as "go-carts" that have low centers of gravity and are typically used in racing on relatively level surfaces, nor does the term include any riding lawn mower. "Antique motor vehicle" means every motor vehicle, as defined in this section, which was actually manufactured or designated by the manufacturer as a model manufactured in a calendar year not less than 25 years prior to January 1 of each calendar year and is owned solely as a collector's item. "Antique trailer" means every trailer or semitrailer, as defined in this section, that was actually manufactured or designated by the manufacturer as a model manufactured in a calendar year not less than 25 years prior to January 1 of each calendar year and is owned solely as a collector's item. "Autocycle" means a three-wheeled motor vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride and is manufactured to comply with federal safety requirements for motorcycles. Except as otherwise provided, an autocycle shall not be deemed to be a motorcycle. "Automobile or watercraft transporters" means any tractor truck, lowboy, vehicle, or combination, including vehicles or combinations that transport motor vehicles or watercraft on their power unit, designed and used exclusively for the transportation of motor vehicles or watercraft. "Autonomous
vehicle" means a vehicle,
"Bicycle" means a device propelled solely by human
power, upon which a person may ride either on or astride a regular seat
attached thereto, having two or more wheels in tandem, including children's
bicycles, except a toy vehicle intended for use by young children. For purposes
of Chapter 8 (§46.2-800 et seq.), a bicycle shall be a vehicle while operated
on the highway. "Bicycle lane" means that portion of a roadway
designated by signs and/or pavement markings for the preferential use of
bicycles, electric power-assisted bicycles, and mopeds. "Business district" means the territory contiguous
to a highway where 75 percent or more of the property contiguous to a highway,
on either side of the highway, for a distance of 300 feet or more along the
highway, is occupied by land and buildings actually in use for business
purposes. "Camping trailer" means every vehicle that has
collapsible sides and contains sleeping quarters but may or may not contain
bathing and cooking facilities and is designed to be drawn by a motor vehicle. "Cancel" or "cancellation" means that the
document or privilege cancelled has been annulled or terminated because of some
error, defect, or ineligibility, but the cancellation is without prejudice and
reapplication may be made at any time after cancellation. "Chauffeur" means every person employed for the
principal purpose of driving a motor vehicle and every person who drives a
motor vehicle while in use as a public or common carrier of persons or
property. "Circular intersection" means an intersection that
has an island, generally circular in design, located in the center of the
intersection, where all vehicles pass to the right of the island. Circular
intersections include roundabouts, rotaries, and traffic circles. "Commission" means the State Corporation Commission. "Commissioner" means the Commissioner of the
Department of Motor Vehicles of the Commonwealth. "Converted electric vehicle" means any motor
vehicle, other than a motorcycle or autocycle, that has been modified
subsequent to its manufacture to replace an internal combustion engine with an
electric propulsion system. Such vehicles shall retain their original vehicle
identification number, line-make, and model year. A converted electric vehicle
shall not be deemed a "reconstructed vehicle" as defined in this
section unless it has been materially altered from its original construction by
the removal, addition, or substitution of new or used essential parts other
than those required for the conversion to electric propulsion. "Crosswalk" means that part of a roadway at an
intersection included within the connections of the lateral lines of the
sidewalks on opposite sides of the highway measured from the curbs or, in the
absence of curbs, from the edges of the traversable roadway; or any portion of
a roadway at an intersection or elsewhere distinctly indicated for pedestrian
crossing by lines or other markings on the surface. "Decal" means a device to be attached to a license
plate that validates the license plate for a predetermined registration period. "Department" means the Department of Motor Vehicles
of the Commonwealth. "Disabled parking license plate" means a license
plate that displays the international symbol of access in the same size as the
numbers and letters on the plate and in a color that contrasts with the
background. "Disabled veteran" means a veteran who (i) has
either lost, or lost the use of, a leg, arm, or hand; (ii) is blind; or (iii)
is permanently and totally disabled as certified by the U.S. Department of
Veterans Affairs. A veteran shall be considered blind if he has a permanent
impairment of both eyes to the following extent: central visual acuity of
20/200 or less in the better eye, with corrective lenses, or central visual
acuity of more than 20/200, if there is a field defect in which the peripheral
field has contracted to such an extent that the widest diameter of visual field
subtends an angular distance no greater than 20 degrees in the better eye. "Driver's license" means any license, including a
commercial driver's license as defined in the Virginia Commercial Driver's
License Act (§46.2-341.1 et seq.), issued under the laws of the Commonwealth
authorizing the operation of a motor vehicle. "Electric personal assistive mobility device" means
a self-balancing two-nontandem-wheeled device that is designed to transport
only one person and powered by an electric propulsion system that limits the
device's maximum speed to 15 miles per hour or less. For purposes of Chapter 8
(§46.2-800 et seq.), an electric personal assistive mobility device shall be a
vehicle when operated on a highway. "Electric power-assisted bicycle" means a vehicle
that travels on not more than three wheels in contact with the ground and is equipped
with (i) pedals that allow propulsion by human power and (ii) an electric motor
with an input of no more than 1,000 watts that reduces the pedal effort
required of the rider. For the purposes of Chapter 8 (§46.2-800 et seq.), an
electric power-assisted bicycle shall be a vehicle when operated on a highway. "Essential parts" means all integral parts and body
parts, the removal, alteration, or substitution of which will tend to conceal
the identity of a vehicle. "Farm tractor" means every motor vehicle designed
and used as a farm, agricultural, or horticultural implement for drawing plows,
mowing machines, and other farm, agricultural, or horticultural machinery and
implements, including self-propelled mowers designed and used for mowing lawns. "Farm utility vehicle" means a vehicle that is
powered by a motor and is designed for off-road use and is used as a farm,
agricultural, or horticultural service vehicle, generally having four or more
wheels, bench seating for the operator and a passenger, a steering wheel for
control, and a cargo bed. "Farm utility vehicle" does not include
pickup or panel trucks, golf carts, low-speed vehicles, or riding lawn mowers. "Federal safety requirements" means applicable
provisions of 49 U.S.C. §30101 et seq. and all administrative regulations and
policies adopted pursuant thereto. "Financial responsibility" means the ability to
respond in damages for liability thereafter incurred arising out of the
ownership, maintenance, use, or operation of a motor vehicle, in the amounts
provided for in §46.2-472. "Foreign market vehicle" means any motor vehicle
originally manufactured outside the United States, which was not manufactured
in accordance with 49 U.S.C. §30101 et seq. and the policies and regulations
adopted pursuant to that Act, and for which a Virginia title or registration is
sought. "Foreign vehicle" means every motor vehicle,
trailer, or semitrailer that is brought into the Commonwealth otherwise than in
the ordinary course of business by or through a manufacturer or dealer and that
has not been registered in the Commonwealth. "Golf cart" means a self-propelled vehicle that is
designed to transport persons playing golf and their equipment on a golf
course. "Governing body" means the board of supervisors of a
county, council of a city, or council of a town, as context may require. "Gross weight" means the aggregate weight of a
vehicle or combination of vehicles and the load thereon. "Highway" means the entire width between the
boundary lines of every way or place open to the use of the public for purposes
of vehicular travel in the Commonwealth, including the streets and alleys, and,
for law-enforcement purposes, (i) the entire width between the boundary lines
of all private roads or private streets that have been specifically designated
"highways" by an ordinance adopted by the governing body of the
county, city, or town in which such private roads or streets are located and
(ii) the entire width between the boundary lines of every way or place used for
purposes of vehicular travel on any property owned, leased, or controlled by
the United States government and located in the Commonwealth. "Intersection" means (i) the area embraced within
the prolongation or connection of the lateral curblines or, if none, then the
lateral boundary lines of the roadways of two highways that join one another
at, or approximately at, right angles, or the area within which vehicles
traveling on different highways joining at any other angle may come in
conflict; (ii) where a highway includes two roadways 30 feet or more apart,
then every crossing of each roadway of such divided highway by an intersecting
highway shall be regarded as a separate intersection, in the event such
intersecting highway also includes two roadways 30 feet or more apart, then
every crossing of two roadways of such highways shall be regarded as a separate
intersection; or (iii) for purposes only of authorizing installation of
traffic-control devices, every crossing of a highway or street at grade by a
pedestrian crosswalk. "Lane-use control signal" means a signal face
displaying indications to permit or prohibit the use of specific lanes of a
roadway or to indicate the impending prohibition of such use. "Law-enforcement officer" means any officer
authorized to direct or regulate traffic or to make arrests for violations of
this title or local ordinances authorized by law. For the purposes of access to
law-enforcement databases regarding motor vehicle registration and ownership
only, "law-enforcement officer" also includes city and county
commissioners of the revenue and treasurers, together with their duly
designated deputies and employees, when such officials are actually engaged in
the enforcement of §§46.2-752, 46.2-753, and 46.2-754 and local ordinances
enacted thereunder. "License plate" means a device containing letters,
numerals, or a combination of both, attached to a motor vehicle, trailer, or
semitrailer to indicate that the vehicle is properly registered with the
Department. "Light" means a device for producing illumination or
the illumination produced by the device. "Low-speed vehicle" means any four-wheeled
electrically-powered vehicle, except a motor vehicle or low-speed vehicle that
is used exclusively for agricultural or horticultural purposes or a golf cart,
whose maximum speed is greater than 20 miles per hour but not greater than 25
miles per hour and is manufactured to comply with safety standards contained in
Title 49 of the Code of Federal Regulations, §571.500 . "Manufactured home" means a structure subject to
federal regulation, transportable in one or more sections, which in the
traveling mode is eight body feet or more in width or 40 body feet or more in
length, or, when erected on site, is 320 or more square feet, and which is
built on a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities, and
includes the plumbing, heating, air conditioning, and electrical systems
contained therein. "Moped" means every vehicle that travels on not more
than three wheels in contact with the ground that (i) has a seat that is no
less than 24 inches in height, measured from the middle of the seat
perpendicular to the ground; (ii) has a gasoline, electric, or hybrid motor
that (a) displaces 50 cubic centimeters or less or (b) has an input of 1500
watts or less; (iii) is power-driven, with or without pedals that allow
propulsion by human power; and (iv) is not operated at speeds in excess of 35
miles per hour. For purposes of this title, a moped shall be a motorcycle when
operated at speeds in excess of 35 miles per hour. For purposes of Chapter 8 (§
46.2-800 et seq.), a moped shall be a vehicle while operated on a highway. "Motor-driven cycle" means every motorcycle that has
a gasoline engine that (i) displaces less than 150 cubic centimeters; (ii) has
a seat less than 24 inches in height, measured from the middle of the seat
perpendicular to the ground; and (iii) has no manufacturer-issued vehicle
identification number. "Motor home" means every private motor vehicle with
a normal seating capacity of not more than 10 persons, including the driver,
designed primarily for use as living quarters for human beings. "Motor vehicle" means every vehicle as defined in
this section that is self-propelled or designed for self-propulsion except as
otherwise provided in this title. Any structure designed, used, or maintained
primarily to be loaded on or affixed to a motor vehicle to provide a mobile
dwelling, sleeping place, office, or commercial space shall be considered a
part of a motor vehicle. Except as otherwise provided, for the purposes of this
title, any device herein defined as a bicycle, electric personal assistive
mobility device, electric power-assisted bicycle, or moped shall be deemed not to
be a motor vehicle. "Motorcycle" means every motor vehicle designed to
travel on not more than three wheels in contact with the ground and is capable
of traveling at speeds in excess of 35 miles per hour. "Motorcycle"
does not include any "autocycle," "electric personal assistive
mobility device," "electric power-assisted bicycle," "farm
tractor," "golf cart," "moped," "motorized
skateboard or foot-scooter," "utility vehicle," or "wheelchair
or wheelchair conveyance" as defined in this section. "Motorized skateboard or foot-scooter" means every
vehicle, regardless of the number of its wheels in contact with the ground,
that (i) has no seat, but is designed to be stood upon by the operator, (ii)
has no manufacturer-issued vehicle identification number, and (iii) is powered
by an electric motor having an input of no more than 1,000 watts or a gasoline
engine that displaces less than 36 cubic centimeters. "Motorized
skateboard or foot-scooter" includes vehicles with or without handlebars
but does not include "electric personal assistive mobility devices." "Nonresident" means every person who is not
domiciled in the Commonwealth, except: (i) any foreign corporation that is
authorized to do business in the Commonwealth by the State Corporation
Commission shall be a resident of the Commonwealth for the purpose of this
title; in the case of corporations incorporated in the Commonwealth but doing
business outside the Commonwealth, only such principal place of business or
branches located within the Commonwealth shall be dealt with as residents of
the Commonwealth; (ii) a person who becomes engaged in a gainful occupation in
the Commonwealth for a period exceeding 60 days shall be a resident for the
purposes of this title except for the purposes of Chapter 3 (§46.2-300 et
seq.); (iii) a person, other than a nonresident student as defined in this
section, who has actually resided in the Commonwealth for a period of six
months, whether employed or not, or who has registered a motor vehicle, listing
an address in the Commonwealth in the application for registration shall be
deemed a resident for the purposes of this title, except for the purposes of
the Virginia Commercial Driver's License Act (§46.2-341.1 et seq.). "Nonresident student" means every nonresident person
who is enrolled as a full-time student in an accredited institution of learning
in the Commonwealth and who is not gainfully employed. "Off-road motorcycle" means every motorcycle
designed exclusively for off-road use by an individual rider with not more than
two wheels in contact with the ground. Except as otherwise provided in this
chapter, for the purposes of this chapter off-road motorcycles shall be deemed
to be "motorcycles." "Operation or use for rent or for hire, for the
transportation of passengers, or as a property carrier for compensation,"
and "business of transporting persons or property" mean any owner or
operator of any motor vehicle, trailer, or semitrailer operating over the
highways in the Commonwealth who accepts or receives compensation for the
service, directly or indirectly; but these terms do not mean a "truck
lessor" as defined in this section and do not include persons or
businesses that receive compensation for delivering a product that they
themselves sell or produce, where a separate charge is made for delivery of the
product or the cost of delivery is included in the sale price of the product,
but where the person or business does not derive all or a substantial portion
of its income from the transportation of persons or property except as part of
a sales transaction. "Operator" or "driver" means every person
who either (i) drives or is in actual physical control of a motor vehicle on a
highway or (ii) is exercising control over or steering a vehicle being towed by
a motor vehicle. "Owner" means a person who holds the legal title to
a vehicle; however, if a vehicle is the subject of an agreement for its
conditional sale or lease with the right of purchase on performance of the
conditions stated in the agreement and with an immediate right of possession
vested in the conditional vendee or lessee or if a mortgagor of a vehicle is
entitled to possession, then the conditional vendee or lessee or mortgagor
shall be the owner for the purpose of this title. In all such instances when
the rent paid by the lessee includes charges for services of any nature or when
the lease does not provide that title shall pass to the lessee on payment of
the rent stipulated, the lessor shall be regarded as the owner of the vehicle,
and the vehicle shall be subject to such requirements of this title as are
applicable to vehicles operated for compensation. A "truck lessor" as
defined in this section shall be regarded as the owner, and his vehicles shall
be subject to such requirements of this title as are applicable to vehicles of
private carriers. "Passenger car" means every motor vehicle other than
a motorcycle or autocycle designed and used primarily for the transportation of
no more than 10 persons, including the driver. "Payment device" means any credit card as defined in
15 U.S.C. §1602 (k) or any "accepted card or other means of access"
set forth in 15 U.S.C. §1693a (1). For the purposes of this title, this
definition shall also include a card that enables a person to pay for
transactions through the use of value stored on the card itself. "Pickup or panel truck" means every motor vehicle
designed for the transportation of property and having a registered gross
weight of 7,500 pounds or less. "Piloted vehicle"
means a vehicle as defined by Levels 1 through 3 of SAE
J3016, that has the ability to perform one or more driving mode specific
tasks, but requires the driver to respond appropriately to vehicle requests to
intervene and resume control. "Private road or driveway" means every way in
private ownership and used for vehicular travel by the owner and those having
express or implied permission from the owner, but not by other persons. "Reconstructed vehicle" means every vehicle of a
type required to be registered under this title materially altered from its
original construction by the removal, addition, or substitution of new or used
essential parts. Such vehicles, at the discretion of the Department, shall
retain their original vehicle identification number, line-make, and model year.
Except as otherwise provided in this title, this definition shall not include a
"converted electric vehicle" as defined in this section. "Replica vehicle" means every vehicle of a type
required to be registered under this title not fully constructed by a licensed
manufacturer but either constructed or assembled from components. Such
components may be from a single vehicle, multiple vehicles, a kit, parts, or
fabricated components. The kit may be made up of "major components"
as defined in §46.2-1600, a full body, or a full chassis, or a combination of
these parts. The vehicle shall resemble a vehicle of distinctive name,
line-make, model, or type as produced by a licensed manufacturer or
manufacturer no longer in business and is not a reconstructed or specially
constructed vehicle as herein defined. "Residence district" means the territory contiguous
to a highway, not comprising a business district, where 75 percent or more of
the property abutting such highway, on either side of the highway, for a
distance of 300 feet or more along the highway consists of land improved for
dwelling purposes, or is occupied by dwellings, or consists of land or
buildings in use for business purposes, or consists of territory zoned
residential or territory in residential subdivisions created under Chapter 22
(§15.2-2200 et seq.) of Title 15.2. "Revoke" or "revocation" means that the
document or privilege revoked is not subject to renewal or restoration except
through reapplication after the expiration of the period of revocation. "Roadway" means that portion of a highway improved,
designed, or ordinarily used for vehicular travel, exclusive of the shoulder. A
highway may include two or more roadways if divided by a physical barrier or
barriers or an unpaved area. "Safety zone" means the area officially set apart
within a roadway for the exclusive use of pedestrians and that is protected or
is so marked or indicated by plainly visible signs. "School bus" means any motor vehicle, other than a
station wagon, automobile, truck, or commercial bus, which is: (i) designed and
used primarily for the transportation of pupils to and from public, private or
religious schools, or used for the transportation of the mentally or physically
handicapped to and from a sheltered workshop; (ii) painted yellow and bears the
words "School Bus" in black letters of a specified size on front and
rear; and (iii) is equipped with warning devices prescribed in §46.2-1090. A
yellow school bus may have a white roof provided such vehicle is painted in
accordance with regulations promulgated by the Department of Education. "Semitrailer" means every vehicle of the trailer
type so designed and used in conjunction with a motor vehicle that some part of
its own weight and that of its own load rests on or is carried by another
vehicle. "Shared-use path" means a bikeway that is physically
separated from motorized vehicular traffic by an open space or barrier and is
located either within the highway right-of-way or within a separate
right-of-way. Shared-use paths may also be used by pedestrians, skaters, users
of wheel chairs or wheel chair conveyances, joggers, and other nonmotorized
users. "Shoulder" means that part of a highway between the
portion regularly traveled by vehicular traffic and the lateral curbline or
ditch. "Sidewalk" means the portion of a street between the
curb lines, or the lateral lines of a roadway, and the adjacent property lines,
intended for use by pedestrians. "Snowmobile" means a self-propelled vehicle designed
to travel on snow or ice, steered by skis or runners, and supported in whole or
in part by one or more skis, belts, or cleats. "Special construction and forestry equipment" means
any vehicle which is designed primarily for highway construction, highway
maintenance, earth moving, timber harvesting or other construction or forestry
work and which is not designed for the transportation of persons or property on
a public highway. "Specially constructed vehicle" means any vehicle
that was not originally constructed under a distinctive name, make, model, or
type by a generally recognized manufacturer of vehicles and not a reconstructed
vehicle as herein defined. "Stinger-steered automobile or watercraft
transporter" means an automobile or watercraft transporter configured as a
semitrailer combination wherein the fifth wheel is located on a drop frame
behind and below the rearmost axle of the power unit. "Superintendent" means the Superintendent of the
Department of State Police of the Commonwealth. "Suspend" or "suspension" means that the
document or privilege suspended has been temporarily withdrawn, but may be
reinstated following the period of suspension unless it has expired prior to
the end of the period of suspension. "Tow truck" means a motor vehicle for hire (i)
designed to lift, pull, or carry another vehicle by means of a hoist or other
mechanical apparatus and (ii) having a manufacturer's gross vehicle weight
rating of at least 10,000 pounds. "Tow truck" also includes vehicles
designed with a ramp on wheels and a hydraulic lift with a capacity to haul or
tow another vehicle, commonly referred to as "rollbacks." "Tow
truck" does not include any "automobile or watercraft
transporter," "stinger-steered automobile or watercraft
transporter," or "tractor truck" as those terms are defined in
this section. "Towing and recovery operator" means a person
engaged in the business of (i) removing disabled vehicles, parts of vehicles,
their cargoes, and other objects to facilities for repair or safekeeping and
(ii) restoring to the highway or other location where they either can be
operated or removed to other locations for repair or safekeeping vehicles that
have come to rest in places where they cannot be operated. "Toy vehicle" means any motorized or
propellant-driven device that has no manufacturer-issued vehicle identification
number that is designed or used to carry any person or persons, on any number
of wheels, bearings, glides, blades, runners, or a cushion of air. "Toy
vehicle" does not include electric personal assistive mobility devices,
electric power-assisted bicycles, mopeds, or motorcycles, nor does it include
any nonmotorized or nonpropellant-driven devices such as bicycles, roller
skates, or skateboards. "Tractor truck" means every motor vehicle designed
and used primarily for drawing other vehicles and not so constructed as to
carry a load other than a part of the load and weight of the vehicle attached
thereto. "Traffic control device" means a sign, signal,
marking, or other device used to regulate, warn, or guide traffic placed on,
over, or adjacent to a street, highway, private road open to public travel,
pedestrian facility, or shared-use path by authority of a public agency or
official having jurisdiction, or in the case of a private road open to public
travel, by authority of the private owner or private official having
jurisdiction. "Traffic infraction" means a violation of law
punishable as provided in §46.2-113, which is neither a felony nor a
misdemeanor. "Traffic lane" or "lane" means that
portion of a roadway designed or designated to accommodate the forward movement
of a single line of vehicles. "Trailer" means every vehicle without motive power
designed for carrying property or passengers wholly on its own structure and
for being drawn by a motor vehicle, including manufactured homes. "Truck" means every motor vehicle designed to
transport property on its own structure independent of any other vehicle and
having a registered gross weight in excess of 7,500 pounds. "Truck lessor" means a person who holds the legal
title to any motor vehicle, trailer, or semitrailer that is the subject of a
bona fide written lease for a term of one year or more to another person,
provided that: (i) neither the lessor nor the lessee is a common carrier by
motor vehicle or restricted common carrier by motor vehicle or contract carrier
by motor vehicle as defined in §46.2-2000; (ii) the leased motor vehicle,
trailer, or semitrailer is used exclusively for the transportation of property
of the lessee; (iii) the lessor is not employed in any capacity by the lessee;
(iv) the operator of the leased motor vehicle is a bona fide employee of the
lessee and is not employed in any capacity by the lessor; and (v) a true copy
of the lease, verified by affidavit of the lessor, is filed with the
Commissioner. "Utility vehicle" means a motor vehicle that is (i)
designed for off-road use, (ii) powered by a motor, and (iii) used for general
maintenance, security, agricultural, or horticultural purposes. "Utility
vehicle" does not include riding lawn mowers. "Vehicle" means every device in, on or by which any
person or property is or may be transported or drawn on a highway, except
devices moved by human power or used exclusively on stationary rails or tracks.
For the purposes of Chapter 8 (§46.2-800 et seq.), bicycles, electric personal
assistive mobility devices, electric power-assisted bicycles, and mopeds shall
be vehicles while operated on a highway. "Wheel chair or wheel chair conveyance" means a
chair or seat equipped with wheels, typically used to provide mobility for
persons who, by reason of physical disability, are otherwise unable to move
about as pedestrians. "Wheel chair or wheel chair conveyance"
includes both three-wheeled and four-wheeled devices. So long as it is operated
only as provided in §46.2-677, a self-propelled wheel chair or self-propelled
wheel chair conveyance shall not be considered a motor vehicle. |
