State
Laws
Carrying items improperly on bicycle
Controlled access highways, prohibited
use
Bicycles, defined
Disposition of unclaimed bicycles in
possession of police; licensing
Earphones
Headlights and reflectors
Helmets
Improper left turns
Improper passing
Inadequate brakes
Riding on roadway
Riding on sidewalks and crosswalks
Tailgating and attaching to a vehicle
Town
Ordinances
Riding bicycles or
skateboards on sidewalks
Bicycle Safety Tips
§ 46.2-906. Carrying articles or
passengers on bicycles, electric personal assistive mobility
devices, electric power-assisted bicycles, and mopeds.
No person operating a
bicycle, electric personal assistive mobility device, electric
power-assisted bicycle, or moped on a highway shall carry any
package, bundle, or article that prevents the driver from
keeping at least one hand on the handlebars.
No bicycle shall be used to
carry more persons at one time than the number of persons for
which it was designed or is equipped, except that an adult rider
may carry a child less than six years old if such child is
securely attached to the bicycle in a seat or trailer designed
for carrying children.
§
46.2-808. Commonwealth Transportation Board may prohibit
certain uses of controlled access highways; penalty.
A. The Commonwealth
Transportation Board may, when necessary to promote safety,
prohibit the use of controlled access highways or any part
thereof by any or all of the following:
1. Pedestrians,
2. Persons riding bicycles, electric power-assisted bicycles,
electric personal assistive mobility devices, or mopeds,
3. Horse-drawn vehicles,
4. Self-propelled machinery or equipment, and
5. Animals led, ridden or driven on the hoof.
B. The termini of any
section of controlled access highways, use of which is
restricted under the provisions of this section, shall be
clearly indicated by a conspicuous marker.
C. This section shall not
apply to any vehicle or equipment owned or controlled by the
Virginia Department of Transportation, while actually engaged in
the construction, reconstruction, or maintenance of highways or
to any vehicle or equipment for which a permit has been obtained
for operation on such highway.
Any person violating a
restriction or prohibition imposed pursuant to this section
shall be guilty of a traffic infraction.
§
46.2-100. Definitions.
"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.) of
this title, 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.
"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 of this title, an electric personal assistive mobility
device shall be a vehicle when operated on a highway.
"Electric power-assisted
bicycle" means a bicycle equipped with an electric motor that
reduces the pedal effort required of the rider, but does not
eliminate the rider's need to pedal. For the purposes of Chapter
8 of this title, an electric power-assisted bicycle shall be a
vehicle when operated on a highway.
§
15.2-1720. Localities authorized to license bicycles,
electric power-assisted bicycles, mopeds, and electric personal
assistive mobility devices; disposition of unclaimed bicycles,
electric power-assisted bicycles, mopeds, and electric personal
assistive mobility devices.
Any locality may, by
ordinance, (i) provide for the public sale or donation to a
charitable organization of any bicycle, electric personal
assistive mobility device, electric power-assisted bicycle, or
moped that has been in the possession of the police or sheriff's
department, unclaimed, for more than thirty days; (ii)
require every resident owner of a bicycle, electric
power-assisted bicycle, or moped to obtain a license therefore
and a license plate, tag, and, in the case of an electric
personal assistive mobility device, an adhesive license decal of
such design and material as the ordinance may prescribe, to be
substantially attached to the bicycle, electric personal
assistive mobility device, electric power-assisted bicycle, or
moped; (iii) prescribe the license fee, the license application
forms and the license form; and (iv) prescribe penalties for
operating a bicycle, electric personal assistive mobility
device, electric power-assisted bicycle, or moped on public
roads or streets within the locality without an attached license
plate, tag, or adhesive decal. The ordinance shall require the
license plates, tags, or adhesive decals to be provided by and
at the cost of the locality. Any locality may provide that the
license plates, tags, or adhesive decals shall be valid for the
life of the bicycles, electric personal assistive mobility
devices, electric power-assisted bicycles, and mopeds to which
they are attached or for such other period as it may prescribe
and may prescribe such fee therefore as it may deem reasonable.
When any town license is required as provided for herein, the
license shall be in lieu of any license required by any county
ordinance. Any bicycle, electric personal assistive mobility
device, electric power-assisted bicycle, or moped found and
delivered to the police or sheriff's department by a private
person that thereafter remains unclaimed for thirty days after
the final date of publication as required herein may be given to
the finder; however, the location and description of the
bicycle, electric personal assistive mobility device, electric
power-assisted bicycle, or moped shall be published at least
once a week for two successive weeks in a newspaper of general
circulation within the locality. In addition, if there is a
license, tag, or adhesive license decal affixed to the bicycle,
electric personal assistive mobility device, or electric
power-assisted bicycle, or moped, the record owner shall be
notified directly.
§
46.2-1078. Unlawful to operate motor vehicle, bicycle,
electric personal assistive mobility device, electric
power-assisted bicycle, or moped while using earphones.
It shall be unlawful for any
person to operate a motor vehicle, bicycle, electric personal
assistive mobility device, electric power-assisted bicycle, or
moped on the highways in the Commonwealth while using earphones
on or in both ears.
For the purpose of this
section, "earphones" shall mean any device worn on or in both
ears that converts electrical energy to sound waves or which
impairs or hinders the person's ability to hear, but shall not
include (i) any prosthetic device that aids the hard of hearing,
(ii) earphones installed in helmets worn by motorcycle operators
and riders and used as part of a communications system, or (iii)
nonprosthetic, closed-ear, open-back, electronic
noise-cancellation devices designed and used to enhance the
hearing ability of persons who operate vehicles in high-noise
environments, provided any such device is being worn by the
operator of a vehicle with a gross vehicle weight rating of
26,000 pounds or more. The provisions of this section shall not
apply to the driver of any emergency vehicle as defined in §
46.2-920.
§
46.2-1015. Lights on bicycles, electric personal assistive
mobility devices, electric power-assisted bicycles, and mopeds.
Every bicycle, electric
personal assistive mobility device, electric power-assisted
bicycle, and moped when in use between sunset and sunrise
shall be equipped with a white light on the front emitting a
white light visible in clear weather from a distance of at least
500 feet to the front and a red reflector visible from a
distance of at least 600 feet to the rear when directly in front
of lawful lower beams of headlights on a motor vehicle. Such
lights and reflector shall be of types approved by the
Superintendent.
In addition to the foregoing
provisions of this section, a bicycle or its rider may be
equipped with lights or reflectors. These lights may be steady
burning or blinking.
§
46.2-906.1. Local ordinances may require riders of bicycles
and electric power-assisted bicycles to wear helmets.
The governing body of any
county, city or town may, by ordinance, provide that every
person fourteen years of age or younger shall wear a protective
helmet that meets the standards promulgated by the American
National Standards Institute or the Snell Memorial Foundation
whenever riding or being carried on a bicycle or an electric
power-assisted bicycle on any highway as defined in §46.2-100,
sidewalk, or public bicycle path.
Violation of any such
ordinance shall be punishable by a fine of twenty-five dollars.
However, such fine shall be suspended (i) for first-time
violators and (ii) for violators who, subsequent to the
violation but prior to imposition of the fine, purchase helmets
of the type required by the ordinance.
Violation of any such
ordinance shall not constitute negligence, or assumption of
risk, be considered in mitigation of damages of whatever nature,
be admissible in evidence, or be the subject of comment by
counsel in any action for the recovery of damages arising out of
the operation of any bicycle or electric power-assisted bicycle,
nor shall anything in this section change any existing law,
rule, or procedure pertaining to any civil action.
§
46.2-847. Left turns by bicycles, electric personal
assistive mobility devices, electric power-assisted bicycles,
and mopeds.
A person riding a bicycle,
electric personal assistive mobility device, electric
power-assisted bicycle, or moped and intending to turn left
shall either follow a course described in §
46.2-846 or make the turn as provided in this section.
A person riding a bicycle,
electric personal assistive mobility device, electric
power-assisted bicycle, or moped and intending to turn left
shall approach the turn as close as practicable to the right
curb or edge of the roadway. After proceeding across the
intersecting roadway, the rider shall comply with traffic signs
or signals and continue his turn as close as practicable to the
right curb or edge of the roadway being entered.
Notwithstanding the
foregoing provisions of this section, the Commonwealth
Transportation Board and local authorities, in their respective
jurisdictions, may cause official traffic control devices to be
placed at intersections to direct that a specific course be
traveled by turning bicycles, electric personal assistive
mobility devices, electric power-assisted bicycles, and mopeds.
When such devices are so placed, no person shall turn a bicycle,
electric personal assistive mobility device, electric
power-assisted bicycle, or moped other than as directed by such
devices.
§
46.2-839. Passing bicycle, electric personal assistive
mobility device, electric power-assisted bicycle, moped, animal,
or animal-drawn vehicle.
Any driver of any vehicle
overtaking a bicycle, electric personal assistive mobility
device, electric power-assisted bicycle, moped, animal, or
animal-drawn vehicle proceeding in the same direction shall pass
at a reasonable speed at least two feet to the left of the
overtaken bicycle, electric personal assistive mobility device,
electric power-assisted bicycle, moped, animal, or animal-drawn
vehicle and shall not again proceed to the right side of the
highway until safely clear of such overtaken bicycle, electric
personal assistive mobility device, electric power-assisted
bicycle, moped, animal, or animal-drawn vehicle.
§
46.2-1066. Brakes.
Every motor vehicle when
driven on a highway shall be equipped with brakes adequate to
control the movements of and to stop and hold such vehicle. The
brakes shall be maintained in good working order and shall
conform to the provisions of this article.
Every bicycle, electric
power-assisted bicycle, and moped, when operated on a highway,
shall be equipped with a brake that will enable the operator to
make the braked wheels skid on dry, level, clean pavement. Every
electric personal assistive mobility device, when operated on a
highway, shall be equipped with a system that, when activated or
engaged, will enable the operator to bring the device to a
controlled stop.
§
46.2-905. Riding bicycles, electric personal assistive
mobility devices, electric power-assisted bicycles, and mopeds
on roadways and bicycle paths.
Any person operating a
bicycle, electric personal assistive mobility device, electric
power-assisted bicycle, or moped on a roadway at less than the
normal speed of traffic at the time and place under conditions
then existing shall ride as close as safely practicable to
the right curb or edge of the roadway, except under any of the
following circumstances:
1. When overtaking and
passing another vehicle proceeding in the same direction;
2. When preparing for a left
turn at an intersection or into a private road or driveway;
3. When reasonably necessary
to avoid conditions including, but not limited to, fixed or
moving objects, parked or moving vehicles, pedestrians, animals,
surface hazards, or substandard width lanes that make it unsafe
to continue along the right curb or edge;
4. When avoiding riding in a
lane that must turn or diverge to the right; and
5. When riding upon a
one-way road or highway, a person may also ride as near the
left-hand curb or edge of such roadway as safely practicable.
For purposes of this
section, a "substandard width lane" is a lane too narrow for a
bicycle, electric personal assistive mobility device, electric
power-assisted bicycle, or moped and another vehicle to pass
safely side by side within the lane.
Persons riding bicycles,
electric personal assistive mobility devices, or electric
power-assisted bicycles on a highway shall not ride more than
two abreast. Persons riding two abreast shall not impede the
normal and reasonable movement of traffic, shall move into a
single file formation as quickly as is practicable when being
overtaken from the rear by a faster moving vehicle, and, on a
laned roadway, shall ride in a single lane.
Notwithstanding any other
provision of law to the contrary, the Department of Conservation
and Recreation shall permit the operation of electric personal
assistive mobility devices on any bicycle path or trail
designated by the Department for such use.
§
46.2-904. Use of roller skates and skateboards on sidewalks
and shared-use paths; operation of bicycles, electric
power-assisted bicycles, and electric personal assistive
mobility devices on sidewalks and crosswalks and shared-use
paths; local ordinances.
The governing body of any
county, city, or town may by ordinance prohibit the use of
roller skates and skateboards and/or the riding of bicycles,
electric personal assistive mobility devices, or electric
power-assisted bicycles on designated sidewalks or crosswalks,
including those of any church, school, recreational facility, or
any business property open to the public where such activity is
prohibited. Signs indicating such prohibition shall be
conspicuously posted in general areas where use of roller
skates and skateboards, and/or bicycle, electric personal
assistive mobility devices or electric power-assisted bicycle
riding is prohibited.
A person riding a bicycle,
electric personal assistive mobility device, or an electric
power-assisted bicycle on a sidewalk, shared-use path, or across
a roadway on a crosswalk, shall yield the right-of-way to any
pedestrian and shall give an audible signal before overtaking
and passing any pedestrian.
No person shall ride a
bicycle, electric personal assistive mobility device, or an
electric power-assisted bicycle on a sidewalk, or across a
roadway on a crosswalk, where such use of bicycles, electric
personal assistive mobility devices, or electric power-assisted
bicycles is prohibited by official traffic control devices.
A person riding a bicycle,
electric personal assistive mobility device, or an electric
power-assisted bicycle on a sidewalk, shared-use path, or across
a roadway on a crosswalk, shall have all the rights and duties
of a pedestrian under the same circumstances.
A violation of any ordinance
adopted pursuant to this section shall be punishable by a civil
penalty of not more than $50.
§
46.2-932. Playing on highways; roller skates, skateboards,
toys, or other devices on wheels or runners; persons riding
bicycles, electric personal assistive mobility devices, electric
power-assisted bicycles, mopeds, etc., not to attach to
vehicles; exception.
A. No person shall play on a
highway, other than on the sidewalks thereof, within a city or
town or on any part of a highway outside the limits of a city or
town designated by the Commonwealth Transportation Commissioner
exclusively for vehicular travel. No person shall use roller
skates, skateboards, toys, or other devices on wheels or
runners, except bicycles, electric personal assistive mobility
devices, electric power-assisted bicycles, mopeds, and
motorcycles, on highways where play is prohibited. The governing
bodies of counties, cities, and towns may designate areas on
highways under their control where play is permitted and may
impose reasonable restrictions on play on such highways. If the
highways have only two traffic lanes, persons using such
devices, except bicycles, electric personal assistive mobility
devices, electric power-assisted bicycles, mopeds, and
motorcycles, shall keep as near as safely practicable to the far
right side or edge of the right traffic lane so that they will
be proceeding in the same direction as other traffic.
No person riding on any
bicycle, electric personal assistive mobility device, electric
power-assisted bicycle, moped, roller skates, skateboards, toys,
or other devices on wheels or runners, shall attach the same or
himself to any vehicle on a roadway.
B. Notwithstanding the
provisions of subsection A of this section, the governing body
of any county having a population of at least 170,000 but less
than 200,000 may by ordinance permit the use of devices on
wheels or runners on highways under such county's control,
subject to such limitations and conditions as the governing body
may deem necessary and reasonable.
Town Ordinance 78-16. Riding
bicycles or skateboards on sidewalks.
(a) It shall be unlawful for
any person to ride a bicycle or skateboard on any sidewalk of
the town.
(b) A violation of this
section shall constitute a traffic infraction punishable by a
fine of not less than $5.00 nor more than $25.00 (Code 1982, §
18-8)
State law reference -
Authority of town to prohibit operation of bicycles on
sidewalks, Code of Virginia, § 46.2-904.