Virginia 2022 Regular Session Status: Passed House Of Delegates

HB 79 — Traffic offenses, certain; issuing citations.

Last action — Passed by indefinitely in Judiciary (9-Y 6-N)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House of Delegates
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Issuing citations; certain traffic offenses. Removes the provisions that provide that no law-enforcement officer may lawfully stop a motor vehicle for operating (i) without a light illuminating a license plate, (ii) with defective and unsafe equipment, (iii) without brake lights or a high mount stop light, (iv) without an exhaust system that prevents excessive or unusual levels of noise, (v) with certain sun-shading materials and tinting films, and (vi) with certain objects suspended in the vehicle, and the accompanying the exclusionary provisions.

Bill Text

What changed in the latest version

488 added · 487 removed

Plain-language change summary

The updated version of HB 79 makes changes to how local authorities can regulate noise from motorcycles, mopeds, and motorized scooters that do not have compliant exhaust systems. It clarifies that no law enforcement officer can stop these vehicles solely for noise violations, and any evidence gathered from such a stop cannot be used in court. These changes aim to protect the rights of individuals while still allowing localities to address noise concerns related to these vehicles, ensuring a balance between public safety and personal freedoms.

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SESSION INTRODUCED 22102406D I HOUSE BILL NO.
SESSION HOUSE SUBSTITUTE 22105519D HOUSE BILL NO.
79 Offered January 12, 2022 N Prefiled January 4, 2022 T A B46.2-1003, 46.2-1013, 46.2-1014, 46.2-1014.1, 46.2-1030, 46.2-1049, 46.2-1052, 46.2-1054,26,R 46.2-1094, 46.2-1157, and 46.2-1300 of the Code of Virginia and to repeal § 4.1-1302 of the Code of Virginia, relating to issuing citations;
79 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on February 7, 2022) (Patrons Prior to Substitute––Delegates Campbell, R.R.
marijuana and certain traffic offenses.
and Austin [HB 1030]) A BILL to amend and reenact §§ 15.2-919, 46.2-334.01, 46.2-646, 46.2-810.1, 46.2-923, 46.2-926, 46.2-1094, 46.2-1157, and 46.2-1300 of the Code of Virginia, relating to issuing citations;
O –––––––––– D Patrons––Campbell, R.R., McGuire and Wyatt –––––––––– U Referred to Committee for Courts of Justice C –––––––––– 1.
certain traffic offenses.
That §§ 15.2-919, 46.2-334.01, 46.2-646, 46.2-810.1, 46.2-923, 46.2-926, 46.2-1003, 46.2-1013, 46.2-1014, 46.2-1014.1, 46.2-1030, 46.2-1049, 46.2-1052, 46.2-1054, 46.2-1094, 46.2-1157, and D 46.2-1300 of the Code of Virginia are amended and reenacted as follows:
Be it enacted by the General Assembly of Virginia:
§ 15.2-919.
1.
That §§ 15.2-919, 46.2-334.01, 46.2-646, 46.2-810.1, 46.2-923, 46.2-926, 46.2-1003, 46.2-1013, 46.2-1014, 46.2-1014.1, 46.2-1030, 46.2-1049, 46.2-1052, 46.2-1054, 46.2-1094, 46.2-1157, and 46.§ 15.2-919.
A.
H A.
skateboard, or scooter for a violation of this section.
U B.
No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding.
No law-enforcement officer, as defined in § 9.1-101, shall stop a motorcycle, moped, motorized a stop in violation of this subsection, including evidence discovered or obtained with the operator'sult of consent, shall be admissible in any trial, hearing, or other proceeding.
9 § 46.2-334.01.
E § 46.2-334.01.
Notwithstanding the provisions of § 46.2-498, whenever the driving record of a person less than 19 years old shows that he has been convicted of committing, when he was less than 18 years old, (i) et seq.) or (ii) a violation of any provision of Article 12 (46.2-1091 et seq.) or Article 1346.2-489 (§ 46.2-1095 et seq.) of Chapter 10, the Commissioner shall direct such person to attend a driver improvement clinic.
Notwithstanding the provisions of § 46.2-498, whenever the driving record of a person lesS than an offense for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10, the Commissioner shall direct such person to attend a driver improvement clinic.
No safe driving points shall be awarded for such clinic attendance, nor shall any safe driving points be awarded for voluntary or court-assigned clinic attendance.
No safe driving points shall be awarded for such clinic attendance, nor shall any safe driving Soints be awarded for voluntary or court-assigned clinic attendance.
Such person's parent, :
Such person's parent, guardian, legaT demerit points and/or an award of safe driving points pursuant to § 46.2-498.
35 guardian, legal custodian, or other person standing in loco parentis may attend such clinic and receive a 36 reduction in demerit points and/or an award of safe driving points pursuant to § 46.2-498.
The provisions of thisin 35 subdivision shall not be construed to prohibit awarding of safe driving points to a person less than 18 :
The 37 provisions of this subdivision shall not be construed to prohibit awarding of safe driving points to a 38 person less than 18 years old who attends and successfully completes a driver improvement clinic wit2.
36 years old who attends and successfully completes a driver improvement clinic without having beeT 37 directed to do so by the Commissioner or required to do so by a court.
If any person less than 19 years old is convicted a second time of committing, when he was less than 18 years old, (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10, the Commissioner shall suspend such person's driver's license or privilege to operate a motor vehicle for 90 days.
38 2.
If any person less than 19 years old is convicted a second time of committing, when he was less 39 than 18 years old, (i) an offense for which demerit points have been assessed or are assessableTunder Article 13 (§ 46.2-1095 et seq.) of Chapter 10, the Commissioner shall suspend such person's drEver'sq.) or license or privilege to operate a motor vehicle for 90 days.
On such petition the court may, in its discretion, authorize the issuance of a restricted license for a period not to exceed the term of the suspension of the person's license or privilege to operate a motor vehicle in the Commonwealth.
On such petition the coHrt may, in its discretion, authorize the issuance of a restricted license for a period not to exceed thB term of the suspension of the person's license or privilege to operate a motor vehicle in the Commonwealth.9Such restricted license shall be valid solely for operation of a motor vehicle between such person's1home and his3.
Such restricted license shall be valid solely for operation of a motor vehicle between such person's home and his place of employment or the institution of higher education where he is enrolled.
If any person is convicted a third time of committing, when he was less than 18 years old, (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10, the Commissioner shall revoke such person's driver's license or privilege to operate a motor vehicle for one year or until such person reaches the age of 18 years, whichever is longer.
3.
Such revocation shall be consecutive to, and not concurrent with, any other period of license suspension, HB79H1 2 of 9 revocation, or denial.
If any person is convicted a third time of committing, when he was less than 18 years old, (i) an seq.) or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 HB79 2 of 9 et seq.) of Chapter 10, the Commissioner shall revoke such person's driver's license or privilege to operate a motor vehicle for one year or until such person reaches the age of 18 years, whichever is longer.
Such revocation shall be consecutive to, and not concurrent with, any other period of license suspension, revocation, or denial.
The registration shall be extended, at the discretion of the Commissioner, on receipt of appropriate prorated fees, as required by law, for a period of not less than one month nor of 9 more than 11 months as is necessary to distribute the registrations as equally as practicable on a monthly basis.
The registration shall be extended, at the discretion of the Commissioner, on receipt of appropriate prorated fees, as required by law, for a period of not less than one month nor more than 11 months as is necessary to distribute the registrations as equally as practicable on a monthly basis.
The Commissioner shall, on request, assign to any owner or owners of two or moreI motor vehicles, trailers, or semitrailers the same registration period.
The Commissioner shall, on request, assign to any owner or owners of two or more motor vehicles, trailers, or semitrailers the same registration period.
The expiration date shaNl be the last and semitrailers registered for more than one year under subsection C of this section, every registration shall be renewed annually on application by the owner and by payment of fees required by law, the renewal to take effect on the first day of the succeeding month.
The expiration date shall be the last of 9 and semitrailers registered for more than one year under subsection C of this section, every registration shall be renewed annually on application by the owner and by payment of fees required by law, the renewal to take effect on the first day of the succeeding month.
R C.
C.
The Commissioner may offer, at his discretion, an optional multi-year registration for all motor vehicles, trailers, and semitrailers except for (i) those registered under the International Registration Plan and (ii) those registered as uninsured motor vehicles.
The Commissioner may offer, at his discretion, an optional multi-year registration for all motor vehicles, trailers, and semitrailers except for (i) those registered under the International Registration Plan registrant, all annual and 12-month fees due at the time of registration shall be multiplied by the number of years or fraction thereof that the vehicle will be registered.
When this option is offered and chosen bD the registrant, all annual and 12-month fees due at the time of registration shall be multiplied by the number of D.
D.
E E.
to the first day of the fourth month after the original expiration date.
No law-enforcement officer shall stop a motor vehicle due to an expired registration sticker prior to the first day of the fourth month after the original expiration date.
No evidence discovered or prior obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding.
No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding.
H § 46.2-810.1.
Smoking in vehicle with a minor present;
civil penalty.
For the purposes of this section, "smoke" means to carry or hold any lighted pipe, cigar, or cigarette of any kind or any other lighted smoking equipment or to light or inhale or exhale smoke from a pipe, cigar, or cigarette of any kind or any other lighted smoking equipment.
For the purposes of this section, "smoke" means to carry or hold any lighted pipe, cigar, or a pipe, cigar, or cigarette of any kind or any other lighted smoking equipment.ale or exhale smUke from B.
B.
A violation of this section is punisHable by a civil penalty of $100 to be paid into the state treasury and credited to the Literary Fund.
A violation of this section is punisSable by a civil penalty of $100 to be paid into the state treasury and credited to the Literary Fund.
No 7emerit points shall be assigned under Article 19 (§ 46.2-489 et seq.) of Chapter 3 and no court costs 9hall be summons form.a violation of this section.
No demerit points shall be assigned under Article 19 (§ 46.2-489 et seq.) of Chapter 3 and no court costs Ehall be summons form.a violation of this section.
No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding citation for a violation of this section shall be issued unless the officer issuing such citation has cause to stop or arrest the driver of such motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle or any§ 46.2-923.
No evidence discovered or obtained as the result of a stop in violation of this subsection, including evideSce discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding citation for a violation of this section shall be issued unless the officer issuing Uuch citation this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle orof any criminal statute.
S § 46.2-923.
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They shall cross, wherever possible, only at intersections or marked crosswalks.
They shall cross, wherever possible, only at intersections or marked crossIalks.
Where intersections contain no marked crosswalks, pedestrians shall not be guilty of negligence as a matter of law for crossing at any such intersection or between intersections when crossing by the most direct route.
matter of law for crossing at any such intersection or between intersections when crossing by the most direct route.
B.
T B.
The governing body of any town or city or the governing body of a county authorized by law to entering the intersection has been halted by lights, other traffic control devices, or by a law-enforcement officer.
The governing body of any town or city or the governing body of a county authorized by law to regulate traffic may by ordinance permit pedestrians to cross an intersection diagonally when aTl traffic entering the intersection has been halted by lights, other traffic control devices, or by a law-enforcement offC.
C.
The foregoing prohibition shall not apply to a pedestrian stepping into a highway to board a bus or to enter a safety zone, in which event he shall cross the highway only at right angles.
The foregoing prohibition shall not apply to a pedestrian stepping into a highway to board a bus or to enter a safety zone, in which event he Bhall cross the highway only at right angles.
B.
9 B.
No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the person's consent, shall be admissible in any trial, hearing, or other pro§ 46.2-1003.
No ev1dence discovered or obtained with the person's consent, shall be admissible in any trial, hearing, or other proceeding.
§ 46.2-1003.
HB79 4 of 9 A.
A.
B.
HB79H1 4 of 9 B.
of 9 B.
B.
Not more than four lights used to provide general illumination ahead of the vehicle, including at least two headlights and any other combination of fog lights or other auxiliary lights approvedIby the Superintendent, shall be lighted at any time.
Not more than four lights used to provide general illumination ahead of the vehicle, including at least two headlights and any other combination of fog lights or other auxiliary lights approved by the Superintendent, shall be lighted at any time.
However, motorcycles may be equipped with and useNnot limitations shall not preclude the display of warning lights authorized in §§ 46.2-1020 through.
However, motorcycles may be equipped with and use not of 9 limitations shall not preclude the display of warning lights authorized in §§ 46.2-1020 through.
T C.
C.
Vehicles equipped with warning lights authorized in §§46.2-1020 through 46.2-1027 shall R display lighted warning lights as authorized in such sections at all times when responding to emergency calls, towing disabled vehicles, or constructing, repairing, and maintaining public highways or utilities on or along public highways, except that amber lights on vehicles designed with a ramp on wheelD and a hydraulic lift with a capacity to haul or tow another vehicle, commonly referred to as "rollbacks," neeD.
Vehicles equipped with warning lights authorized in §§ 46.2-1020 through 46.2-1027 shall display lighted warning lights as authorized in such sections at all times when responding to emergency calls, towing disabled vehicles, or constructing, repairing, and maintaining public highways or utilities on or hydraulic lift with a capacity to haul or tow another vehicle, commonly referred to as "rollbacks," need not be lit while the vehicle is in motion unless it is actually towing a vehicle.
The failure to display lighted headlights and illuminating devices under the conditions set forth in clause (iii) of subsection A shall not constitute negligence per se, nor shall violation of clause (iii) of subsection A constitute a defense to any claim for personal injury or recovery of medical expenEes for injuries sustained in a motor vehicle accident.
D.
E.
The failure to display lighted headlights and illuminating devices under the conditions set forth in clause (iii) of subsection A shall not constitute negligence per se, nor shall violation of clause (iii) of subsection A constitute a defense to any claim for personal injury or recovery of medical expenses for injE.
No citation for a violation of clause (iii) of subsection A shall be issued unless the officer issuing provision of this Code or local ordinance relating to the operation, ownership, or maintenance of ae other motor vehicle or any criminal statute.
No citation for a violation of clause (iii) of subsection A shall be issued unless the officer issuing such citation has cause to stop or arrest the driver of such motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a violation of this section, except that a law-enforcement officer may stop a vehicle if it displUys no lighted headlights during the time periods set forth in subsection A.
No law-enforcement officer shall stop a motor vehicle for a violation of this section, except that a law-enforcement officer may stop a vehicle if it displays no lighted headlights during the time periods set forth in subsection A.
No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtaiSed with the operator's consent, shall be admissible in any trial, hearing, or other proceeding.
No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtaiHed with the operator's consent, shall be admissible in any trial, hearing, or other proceeding.
§ 46.2-1049.
7 § 46.2-1049.
9 vehicle on a highway unless it is equipped with an exhaust system in good working order and inny such constant operation to prevent excessive or unusual levels of noise, provided, however, that for motor vehicles, such exhaust system shall be of a type installed as standard factory equipment, or comparable to that designed for use on the particular vehicle as standard factory equipment or other equipment 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, or the federal Department of Transportation.
E vehicle on a highway unless it is equipped with an exhaust system in good working order and inny such constant operation to prevent excessive or unusual levels of noise, provided, however, that for motor vehicles, such exhaust system shall be of a type installed as standard factory equipment, or coSparable to that designed for use on the particular vehicle as standard factory equipment or other equipment that has been submitted to and approved by the Superintendent or meets or exceeds the standards and U federal Department of Transportation.
An exhaust system shall not be deemed to prevent excessive or equipment exhaust system of private passenger motor vehicles or trucks of standard make.ard factory As used in this section, "exhaust system" means all the parts of a vehicle through which the exhaust passes after leaving the engine block, including mufflers and other sound dissipative devices.
An exhaust system shall not be deemed to prevent excessive orr the unusual noise if it permits the escape of noise in excess of that permitted by the standard facSory equipment exhaust system of private passenger motor vehicles or trucks of standard make.
Chambered pipes are not an effective muffling device to prevent excessive or unusual noise, and any vehicle equipped with chambered pipes shall be deemed in violation of this section.
As used in this section, "exhaust system" means all the parts of a vehicle through which the exhaust passes after leaving the engine block, including mufflers and other sound dissipative devices.
The provisions of this section shall not apply to (i) any antique motor vehicle licensed pursuant to § 46.2-730, provided that the engine is comparable to that designed as standard factory equipment for vehicles.at particular vehicle, and the exhaust system is in good working order, or (ii) converted electric B.
I vehicle equipped with chambered pipes shall be deemed in violation of this section.sual noise, and any The provisions of this section shall not apply to (i) any antique motor vehicle licensed pursuant to § 46.2-730, provided that the engine is comparable to that designed as standard factory equipment for use on that particular vehicle, and the exhaust system is in good working order, or (ii) converTed electric vehicles.
No law-enforcement officer shall stop a motor vehicle for a violation of this section.
discovered or obtained as the result of a stop in violation of this subsection, including evidenceidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding.
No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding.
"Multipurpose passenger vehicle" means any motor vehicle that is (i) designed to carry no more than 10 persons and (ii) constructed either on a truck chassis or with special features for occasional off-road use.
"Multipurpose passenger vehicle" means any motor vehicle that is (i) designed to carry no moBe than 10 persons and (ii) constructed either on a truck chassis or with special features for occasion9l off-road use.
"Prism effect" means a visual, iridescent, or rainbow-like effect that separates light into various colored components that may change depending on viewing angle.
1 colored components that may change depending on viewing angle.effect that separates light into various "Rear side windows" means those windows located to the rear of the driver's seat.
"Rear window" or "rear windows" means those windows that are located to the rear of the passenger HB79 6 of 9 compartment of a motor vehicle and that are approximately parallel to the windshield.
"Rear window" or "rear windows" means those windows that are located to the rear of the passenger compartment of a motor vehicle and that are approximately parallel to the windshield.
Except as otherwise provided in this article or permitted by federal law, it shall be unlawful for any person to operate any motor vehicle on a highway with any sign, poster, colored or tinted film, sun-shading material, or other colored material on the windshield, front or rear side windows, or rear windows of such motor vehicle.
Except as otherwise provided in this article or permitted by federal law, it shall be unlawful for any person to operate any motor vehicle on a highway with any sign, poster, colored or tinted film, HB79H1 6 of 9 sun-shading material, or other colored material on the windshield, front or rear side windows, or rear windows of such motor vehicle.
Notwithstanding the foregoing provisions of this section, sun-shading material which was applied or installed prior to July 1, 1987, in a manner and on which windows not then in violation of Virginia of 9 law, shall continue to be lawful, provided that it can be shown by appropriate receipts that such material was installed prior to July 1, 1987.
Notwithstanding the foregoing provisions of this section, sun-shading material which was applied or installed prior to July 1, 1987, in a manner and on which windows not then in violation of Virginia law, shall continue to be lawful, provided that it can be shown by appropriate receipts that such material was installed prior to July 1, 1987.
I J.
J.
Where a person is convicted within one year of a second or subsequent violation of this sNction to any other penalty, may order the person so convicted to remove such tinted or smoked windshielddition from the vehicle.
Where a person is convicted within one year of a second or subsequent violation of this section of 9 to any other penalty, may order the person so convicted to remove such tinted or smoked windshielddition from the vehicle.
T K.
K.
R L.
L.
O M.
performance of private security duties by a security canine handler as defined in § 9.1-138 and licensed in accordance with § 9.1-139.
The provisions of subdivisions D 1, 2, and 3 shall not apply to vehicles operated in the D performance of private security duties by a security canine handler as defined in § 9.1-138 and licensed in N.
N.
The provisions of subdivision D 1 shall not apply to sight-seeing carriers as defined in U § 46.2-2000 and contract passenger carriers as defined in § 46.2-2000.
The provisions of subdivision D 1 shall not apply to sight-seeing carriers as defined in § 46.2-2000 and contract passenger carriers as defined in § 46.2-2000.
C O.
O.
For any summons issued for a violation of this section, the court may, in its discretion,Edismiss the summons, where proof of compliance with this section is provided to the court on or before the court date.
For any summons issued for a violation of this section, the court may, in its discretion, dismiss court date., where proof of compliance with this section is provided to the court on or before the P.
D P.
No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence proceeding.or obtained with the operator's consent, shall be admissible in any trial, hearing, or other § 46.2-1054.
No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding.
Suspension of objects or alteration of vehicle so as to obstruct driver's view.
O A.
A.
It shall be unlawful for any person (i) to drive a motor vehicle on a highway in theview.U Commonwealth with any object or objects, other than a rear view mirror, sun visor, or other equipment of the motor vehicle approved by the Superintendent, suspended from any part of the motor vehicSe in such a manner as to substantially obstruct the driver's clear view of the highway through the windshield, the front side windows, or the rear window or (ii) to alter a passenger-carrying vehicle in sucE a manner the driver's clear view of the highway through the rear window is obstructed if such motor vehicle isen equipped with a mirror on each side, so located as to reflect to the driver a view of the highway for at least 200 feet to the rear of such vehicle, (b) to safety devices installed on the windshields Sf vehicles owned by private waste haulers or local governments and used to transport solid waste, or (c) to bicycle racks installed on the front of any bus operated by any city, county, transit authority, or traUsit or vehicles pursuant to § 46.2-1216 or 46.2-1231.use (ii) shall not apply to the lawful immobilizaBion of B.
It shall be unlawful for any person (i) to drive a motor vehicle on a highway in the Commonwealth with any object or objects, other than a rear view mirror, sun visor, or other equipment of the motor vehicle approved by the Superintendent, suspended from any part of the motor vehicHe in such a manner as to substantially obstruct the driver's clear view of the highway through the w7ndshield, the front side windows, or the rear window or (ii) to alter a passenger-carrying vehicle in suc9 a manner the driver's clear view of the highway through the rear window is obstructed if such motor vehicle isen equipped with a mirror on each side, so located as to reflect to the driver a view of the highway for at least 200 feet to the rear of such vehicle, (b) to safety devices installed on the windshields of vehicles owned by private waste haulers or local governments and used to transport solid waste, or (c) to bicycle racks installed on the front of any bus operated by any city, county, transit authority, or transit or transportation district.
No law-enforcement officer shall stop a motor vehicle for a violation of this section.
The provisions of clause (ii) shall not apply to the lawful immobilization of vehicles pursuant to § 46.2-1216 or 46.2-1231.
NoSevidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding.
discovered or obtained as the result of a stop in violation of this subsection, including evidenceidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding.
I shoulder harnesses;
§ 46.2-1094.
Occupants of front seats of motor vehicles required to use safety lap belts and shoulder harnesses;
A.
front seats of motor vehicles required to use safety lap belts and A.
Any driver, and any other person at least 18 years of age and occupying the front seat, of a motor vehicle equipped or required by the provisions of this title to be equipped with a safety belt system, appropriate safety belt system at all times while the motor vehicle is in motion on any public highway.
Any driver, and any other person at least 18 years of age and occupying the front seat, of a motor vehicle equipped or required by the provisions of this title to be equipped with a safety belt system, consisting of lap belts, shoulder harnesses, combinations thereof or similar devices, shall weaT the appropriate safety belt system at all times while the motor vehicle is in motion on any public highway.
A passenger under the age of 18 years, however, shall be protected as required by the provisions of Article 13 (§ 46.2-1095 et seq.) of this chapter.
Article 13 (§ 46.2-1095 et seq.) of this chapter.hall be protected as required by the provisionE of B.
B.
Any person while driving a motor vehicle and performing the duties of a rural mail carrier for the United States Postal Service;
Any person while driving a motor vehicle and performing the duties of a rural mail carrieB for the United States Postal Service;
or 4.
or 9 4.
Any person driving a motor vehicle and performing the duties of a rural newspaper route carrier, newspaper bundle hauler or newspaper rack carrier;
Any person driving a motor vehicle and performing the duties of a rural newspaper route c1rrier, new5.
or 5.
or of goods or services, including but not limited to solid waste, where such collection or delivery requires HB79 8 of 9 the personnel to exit and enter the cab of the vehicle with such frequency and regularity so as to render the use of safety belt systems impractical and the safety benefits derived therefrom insignificant.
orer;
Such personnel shall resume the use of safety belt systems when actual collection or delivery has ceased or when the vehicle is in transit to or from a point of final disposition or disposal, including but not limited to solid waste facilities, terminals, or other location where the vehicle may be principally garaged;
or 6.
Personnel of commercial or municipal vehicles while actually engaged in the collection or delivery of goods or services, including but not limited to solid waste, where such collection or delivery requires the personnel to exit and enter the cab of the vehicle with such frequency and regularity so as to render the use of safety belt systems impractical and the safety benefits derived therefrom insignificant.
Such personnel shall resume the use of safety belt systems when actual collection or delivery has ceased or HB79H1 8 of 9 when the vehicle is in transit to or from a point of final disposition or disposal, including but not limited to solid waste facilities, terminals, or other location where the vehicle may be principally garaged;
Authorize the city or town manager or such officer thereof as it may designate, to reduce for a temporary period not to exceed sixty days, without such engineering and traffic investigation, the speed limit on any portion of any highway of the city or town on which work is being done or where the of 9 highway is under construction or repair;
Authorize the city or town manager or such officer thereof as it may designate, to reduce for a temporary period not to exceed sixty days, without such engineering and traffic investigation, the speed limit on any portion of any highway of the city or town on which work is being done or where the highway is under construction or repair;
Require vehicles to come to a full stop or yield the right-of-way at a street intersectioI if one or town which has a population of less than 3,500;nated as a part of the primary state highway sysNem in a 4.
Require vehicles to come to a full stop or yield the right-of-way at a street intersection if one or more of the intersecting streets has been designated as a part of the primary state highway system in a of 9 town which has a population of less than 3,500;
Reduce the speed limit to less than 25 miles per hour, but not less than 15 miles per hour, on any highway within its boundaries that is located in a business district or residence district, provided that such reduced speed limit is indicated by lawfully placed signs.
4.
R placed in conformity with this section is missing, substantially defaced, or obscured so that an ordinarily observant person under the same circumstances would not be aware of the existence of the ordinaDce.
Reduce the speed limit to less than 25 miles per hour, but not less than 15 miles per hour, on any highway within its boundaries that is located in a business district or residence district, provided that sucB.
C.
No such ordinance shall be violated if at the time of the alleged violation the sign or marker placed in conformity with this section is missing, substantially defaced, or obscured so that an ordinarily obsC.
No governing body of a county, city, or town may (i) provide penalties for violating a provision offense under the provisions of this title or (ii) provide that a violation of a provision of an ordinance adopted pursuant to this section is cause for a stop or arrest of a driver when such a stop or arrest is prohibited for a similar offense under the provisions of this title.
No governing body of a county, city, or town may (i) provide penalties for violating a provision of an ordinance adopted pursuant to this section which is greater than the penalty imposed for a similar adopted pursuant to this section is cause for a stop or arrest of a driver when such a stop or arrest isce prohibited for a similar offense under the provisions of this title.
E D.
D.
E.
H to the ownership or maintenance of a motor vehicle unless such violation is a jailable offense.
No law-enforcement officer shall stop a motor vehicle for a violation of a local ordinance relating evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding.
Noelating evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence proceeding.or obtained with the operator's consent, shall be admissible in any trial, hearing, Ur other S E S U B S T I T U T E H B H 1
2.
That § 4.1-1302 of the Code of Virginia is repealed.
H 9
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Action History

  1. Passed by indefinitely in Judiciary (9-Y 6-N)

  2. Referred to Committee on the Judiciary

  3. Constitutional reading dispensed

  4. VOTE: Passage (52-Y 45-N)

  5. Read third time and passed House (52-Y 45-N)

  6. Engrossed by House - committee substitute HB79H1

  7. Committee substitute agreed to 22105519D-H1

  8. Read second time

  9. Impact statement from DPB (HB79H1)

  10. Read first time

  11. Incorporates HB1030 (Austin)

  12. Committee substitute printed 22105519D-H1

  13. Reported from Courts of Justice with substitute (11-Y 9-N)

  14. Subcommittee recommends reporting with substitute (5-Y 3-N)

  15. Assigned Courts sub: Subcommittee #1

  16. Impact statement from DPB (HB79)

  17. Referred to Committee for Courts of Justice

  18. Prefiled and ordered printed; offered 01/12/22 22102406D

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 145 not signed on · 52 voted No

Sponsors (1)

Co-sponsors (2)

Not signed on (145)

145 members have not signed on to this bill.

Show all 145 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed by indefinitely in Judiciary (9-Y 6-N)

Passed 9 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9600
Total 9600
% of votes cast 60%40%0%0%
How each member voted (15)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Edwards, John S. — Yea
Jennifer B. Boysko — Yea
L. Louise Lucas — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Nay
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Ryan T. McDougle — Nay
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
William M. Stanley, Jr. — Nay

Official roll call →

VOTE: Passage (52-Y 45-N)

Passed 51 Yea · 45 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 514503
Total 514503
% of votes cast 52%45%0%3%
How each member voted (99)
Member Party Vote
Greenhalgh, Karen S. — Yea
March, Marie E. — Yea
Adams, Dawn M. — Nay
Adams, Les R. — Yea
Alfonso H. Lopez — Nay
Angelia Williams Graves — Nay
Anne Ferrell Tata — Yea
Avoli, G. "John" — Yea
Batten, Amanda E. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Nay
Bill Wiley — Yea
Bourne, Jeffrey M. — Nay
Briana D. Sewell — Nay
Bulova, David L. — Not Voting
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Nay
Campbell, Jeffrey L. — Yea
Campbell, Ronnie R. — Not Voting
Charniele L. Herring — Nay
Chris S. Runion — Yea
Christopher T. Head — Yea
Convirs-Fowler, Kelly K. — Nay
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Nay
Danica A. Roem — Yea
David A. Reid — Nay
Davis, Glenn R. — Yea
Delores L. McQuinn — Nay
Don Scott — Nay
Edmunds, James E., II — Yea
Elizabeth B. Bennett-Parker — Nay
Emily M. Jordan — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Nay
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gooditis, Wendy W. — Nay
Guzman, Elizabeth R. — Nay
H. Otto Wachsmann, Jr. — Yea
Hudson, Sally L. — Nay
Irene Shin — Nay
Israel D. O'Quinn — Yea
Jackie H. Glass — Nay
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Nay
Jenkins, Clinton L. — Nay
Jessica L. Anderson — Yea
Joseph P. McNamara — Yea
Karrie K. Delaney — Not Voting
Kathy K.L. Tran — Nay
Keam, Mark L. — Nay
Knight, Barry D. — Yea
Kory, Kaye — Nay
LaRock, Dave A. — Yea
Lamont Bagby — Nay
Luke E. Torian — Nay
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Nay
Marcia S. "Cia" Price — Nay
Marcus B. Simon — Nay
Marshall, Daniel W., III — Yea
McGuire, John J., III — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Mullin, Michael P. — Nay
Mundon King, Candi — Nay
Murphy, Kathleen — Nay
Nadarius E. Clark — Nay
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Nay
Paul E. Krizek — Nay
Phillip A. Scott — Yea
Plum, Kenneth R. — Nay
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Nay
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rodney T. Willett — Nay
Sam Rasoul — Nay
Schuyler T. VanValkenburg — Nay
Scott A. Wyatt — Yea
Shelly A. Simonds — Nay
Sickles, Mark D. — Nay
Subramanyam, Suhas — Nay
Tara A. Durant — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas C. Wright, Jr. — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Nay
Wampler, William C., III — Yea
Wendell S. Walker — Yea
Wren M. Williams — Yea

Official roll call →

Reported from Courts of Justice with substitute (11-Y 9-N)

Passed 11 Yea · 9 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11900
Total 11900
% of votes cast 55%45%0%0%
How each member voted (20)
Member Party Vote
Adams, Les R. — Yea
Bell, Robert B. — Yea
Bourne, Jeffrey M. — Nay
Campbell, Jeffrey L. — Yea
Campbell, Ronnie R. — Yea
Charniele L. Herring — Nay
Don Scott — Nay
Freitas, Nicholas J. — Yea
James A. "Jay" Leftwich — Yea
Jason S. Ballard — Yea
Jessica L. Anderson — Yea
Karrie K. Delaney — Nay
Keam, Mark L. — Nay
Marcus B. Simon — Nay
Patrick A. Hope — Nay
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Nay
Terry G. Kilgore — Yea
Vivian E. Watts — Nay
Wren M. Williams — Yea

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

What does HB 79 do?
Issuing citations; certain traffic offenses. Removes the provisions that provide that no law-enforcement officer may lawfully stop a motor vehicle for operating (i) without a light illuminating a license plate, (ii) with defective and unsafe equipment, (iii) without brake lights or a high mount stop light, (iv) without an exhaust system that prevents excessive or unusual levels of noise, (v) with certain sun-shading materials and tinting films, and (vi) with certain objects suspended in the vehicle, and the accompanying the exclusionary provisions.
Who sponsors HB 79?
HB 79 is sponsored by Scott A. Wyatt, Garrett McGuire, and Campbell, Ronnie R..
What is the current status of HB 79?
This bill died with 2022 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 79?
Track HB 79 free on One Click Politics — get push/email alerts when it moves.

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