HB 616

            
2020 SESSION

20101620D

HOUSE BILL NO. 616


Offered January 8, 2020


Prefiled January 6, 2020

A BILL to amend and reenact �� 46.2-111, 46.2-1012, 
 46.2-1029.1, and 46.2-1030 of the Code of Virginia, relating to vehicle 
 headlights; required to be lighted.
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Patron-- Plum

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Referred to Committee on Transportation

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Be it enacted by the General Assembly of Virginia:
 
 
1. That �� 46.2-111, 46.2-1012, 46.2-1029.1, and 46.2-1030 of 
 the Code of Virginia are amended and reenacted as follows:
 
 
� 46.2-111. Flares and other signals relating to stopped 
 commercial motor vehicles.
 
 
A. Whenever any commercial motor vehicle as defined in � 
 46.2-341.4 is stopped on any roadway or on the shoulder of any highway in the 
 Commonwealth at any time for any cause other than stops necessary to comply 
 with traffic control devices, lawfully installed signs, or signals of 
 law-enforcement officers, the operator of such vehicle shall immediately 
 activate the vehicular hazard warning signal flashers and as soon as possible, 
 but in any event within 10 minutes of stopping, place or cause to be placed on the 
 roadway or shoulder three red reflectorized triangular warning devices of a 
 type approved by the Superintendent. One of the red reflectorized triangular 
 warning devices shall be placed in the center of the lane of traffic or 
 shoulder occupied by the stopped vehicle and not less than 100 feet therefrom 
 in the direction of traffic approaching in that lane, a second not less than 
 100 feet from such vehicle in the opposite direction and a third at the traffic 
 side of such vehicle not closer than 10 feet from its front or rear. However, 
 if such vehicle is stopped within 500 feet of a curve or crest of a hill, or 
 other obstruction to view, the red reflectorized triangular warning devices in 
 that direction shall be so placed as to afford ample warning to other users of 
 the highway, but in no case less than 500 feet from the stopped vehicle. 
 Vehicular hazard warning signal flashers shall continue to flash until the 
 operator has placed the three red reflectorized triangular warning devices 
 required in this subsection. The placement of red reflectorized triangular 
 warning devices is not required within the corporate limits of cities unless, during the time which lights are required to be 
 illuminated on motor vehicles by � 46.2-1030 at night or during periods of low visibility, 
 the street or highway lighting is insufficient to make such vehicle clearly 
 discernable at a distance of 500 feet to a person on the highway. Flares or 
 torches of a type approved by the Superintendent may be used in lieu of red 
 reflectorized warning devices. In the event that the operator of the stopped 
 vehicle elects to use flares or torches in lieu of red reflectorized triangular 
 warning devices, the operator shall ensure that at least one flare or torch 
 remains lighted at each of the prescribed locations as long as the vehicle is 
 stopped. If gasoline or any other flammable liquid or combustible liquid or gas 
 seeps or leaks from a fuel container or a commercial motor vehicle stopped upon 
 a highway, no emergency warning signal producing a flame shall be lighted or 
 placed except at such a distance from any such liquid or gas as will ensure the 
 prevention of a fire or explosion.
 
 
The exception provided in this subsection with respect to 
 highways within the corporate limits of cities shall not apply to any portion 
 of any interstate highway within the corporate limits of any city. The 
 provisions of this section shall not apply to any vehicle in a work zone 
 protected by flagmen or approved temporary traffic control channeling devices, 
 as required by the Virginia Work Area Protection Manual or to any vehicle 
 displaying a flashing amber light authorized by � 46.2-1025 when such vehicle 
 is (i) used for the principal purpose of towing or servicing disabled vehicles, 
 or (ii) engaged in road or utility construction or maintenance.
 
 
B. If any such vehicle is used for the transportation of 
 flammable liquids in bulk, whether loaded or empty, or for transporting 
 inflammable gases, red reflectorized triangular warning devices or red electric 
 lanterns of a type approved by the Superintendent of State Police shall be 
 used. Such reflectors or lanterns shall be lighted and placed on the roadway in 
 the manner provided in subsection A of this section.
 
 
C. [Repealed.]
 
 
� 46.2-1012. Headlights, auxiliary headlights, tail lights, 
 brake lights, auxiliary lights, and illumination of license plates on 
 motorcycles or autocycles.
 
 
Every motorcycle or autocycle shall be equipped with at least 
 one headlight which shall be of a type that has been approved by the 
 Superintendent and shall be capable of projecting sufficient light to the front 
 of such motorcycle or autocycle to render discernible a person or object at a 
 distance of 200 feet. However, the lights shall not project a glaring or 
 dazzling light to persons approaching such motorcycles or autocycles. In 
 addition, each motorcycle or autocycle may be equipped with not more than two 
 auxiliary headlights of a type approved by the Superintendent except as 
 otherwise provided in this section.
 
 
Motorcycles or autocycles may be equipped with means of 
 modulating the high beam of their headlights between high and low beam at a 
 rate of 200 to 280 flashes per minute. Such headlights shall not be so 
 modulated during periods when headlights would ordinarily be 
 required to be lighted under � 46.2-1030 at night or during periods of low visibility.
 
 
Notwithstanding � 46.2-1002, motorcycles or autocycles may be 
 equipped with standard bulb running lights or light-emitting diode (LED) pods 
 or strips as auxiliary lighting. Such lighting shall be (i) either red or amber 
 in color, (ii) directed toward the ground in such a manner that no part of the 
 beam will strike the level of the surface on which the motorcycle or autocycle 
 stands at a distance of more than 10 feet from the vehicle, and (iii) designed 
 for vehicular use. Such lighting shall not (a) project a beam of light of an 
 intensity greater than 25 candlepower or its equivalent from a single lamp or 
 bulb; (b) be blinking, flashing, oscillating, or rotating; or (c) be attached 
 to the wheels of the motorcycle or autocycle.
 
 
Every motorcycle or autocycle registered in the Commonwealth 
 and operated on the highways of the Commonwealth shall be equipped with at 
 least one brake light of a type approved by the Superintendent. Motorcycles or 
 autocycles may be equipped with one or more auxiliary brake lights of a type 
 approved by the Superintendent. The Superintendent may by regulation prescribe 
 or limit the size, number, location, and configuration of such auxiliary brake 
 lights.
 
 
Every motorcycle or autocycle shall carry at the rear at least 
 one or more red lights plainly visible in clear weather from a distance of 500 
 feet to the rear of such vehicle. Such tail lights shall be constructed and so 
 mounted in their relation to the rear license plate as to illuminate the 
 license plate with a white light so that the same may be read from a distance 
 of 50 feet to the rear of such vehicle. Alternatively, a separate white light 
 shall be so mounted as to illuminate the rear license plate from a distance of 
 50 feet to the rear of such vehicle. Any such tail lights or special white 
 light shall be of a type approved by the Superintendent.
 
 
Motorcycles or autocycles may be equipped with a means of 
 varying the brightness of the vehicles brake light upon application of the 
 vehicles brakes.
 
 
� 46.2-1029.1. Flashing of headlights on certain vehicles.
 
 
Emergency vehicles as defined in subsection C of � 46.2-920 
 may be equipped with the means to flash their headlights when their warning 
 lights are activated if (i) the headlights are wired to allow either the high 
 beam or low beam to flash, but not both, and (ii) the headlight system includes 
 a switch or device which prevents flashing of headlights when 
 headlights are required to be lighted under � 46.2-1030 at night or during periods of low visibility.
 
 
The provisions of clause (ii) above shall not apply in the 
 City of Chesapeake, the City of Portsmouth, the City of Poquoson, or the County 
 of York.
 
 
� 46.2-1030. When lights to be lighted; number of lights to be 
 lighted at any time; use of warning lights.
 
 
A. Every vehicle in operation on a highway in the Commonwealth 
 shall display lighted headlights and illuminating devices 
 as required by this article (i) from sunset to 
 sunrise; (ii) during any other time when, because of rain, smoke, fog, snow, 
 sleet, insufficient light, or other unfavorable atmospheric conditions, 
 visibility is reduced to a degree whereby persons or vehicles on the highway 
 are not clearly discernible at a distance of 500 feet; and (iii) whenever 
 windshield wipers are in use as a result of fog, rain, sleet, or snow. The 
 provisions of this subsection, however, shall not apply to instances when 
 windshield wipers are used intermittently in misting rain, sleet, or snow at all times.
 
 
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 approved by the 
 Superintendent, shall be lighted at any time. However, motorcycles may be 
 equipped with and use not more than five approved lights in order to provide 
 general illumination ahead of the motorcycle. These limitations shall not 
 preclude the display of warning lights authorized in �� 46.2-1020 through 
 46.2-1027, or other lights as may be authorized by the Superintendent.
 
 
C. 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 along public highways, except that amber lights on 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," need not be 
 lit while the vehicle is in motion unless it is actually towing a vehicle.
 
 
D. 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 injuries sustained in a 
 motor vehicle accident.
 
 
E. No demerit points 
 shall be assessed for failure to display lighted headlights and illuminating 
 devices during periods of fog, rain, sleet, or snow in violation of clause 
 (iii) of subsection A.
 
 
F. 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 motor 
 vehicle or any criminal statute.