SB566: Passing vehicles; any vehicle passing a bicycle, etc., shall pass at least three feet to left.


SENATE BILL NO. 566
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on/for Transportation
on January 28, 2010)
(Patron Prior to Substitute--Senator Ticer)
A BILL to amend and reenact ? 46.2-839 of the Code of Virginia, relating to vehicles passing other vehicles.

Be it enacted by the General Assembly of Virginia:

1. That ? 46.2-839 of the Code of Virginia are amended and reenacted as follows:

? 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 three 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.

SENATE BILL NO. 566
Offered January 13, 2010
Prefiled January 13, 2010
A BILL to amend and reenact §§ 46.2-816, 46.2-838, and 46.2-839 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 8 of Title 46.2 a section numbered 46.2-869.1, relating to motor vehicle offenses; penalties.
Patron-- Ticer

Referred to Committee on Transportation

Be it enacted by the General Assembly of Virginia:

1.  That §§ 46.2-816, 46.2-838, and 46.2-839 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 7 of Chapter 8 of Title 46.2 a section numbered 46.2-869.1 as follows:

§ 46.2-816. Following too closely.

The driver of a motor vehicle shall not follow another motor vehicle, trailer, or semitrailer, bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped more closely than is reasonable and prudent, having due regard to the speed of both vehicles and the traffic on, and conditions of, the highway at the time.

§ 46.2-838. Passing when overtaking a vehicle.

The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at least two three feet to the left of the overtaken vehicle and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle, except as otherwise provided in this article.

§ 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 three 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.

§ 46.2-869.1. Careless driving; penalty.

Any person who drives a vehicle on any highway carelessly without due care and attention or without reasonable consideration for other persons or vehicles using the highway is guilty of a Class 3 misdemeanor.