SB956: Overheight vehicles; owner of vehicle to be fined for any damage.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact § 46.2-1110 of the Code of Virginia, relating to penalties for overheight vehicles.
[S 956]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-1110 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-1110. Height of vehicles; damage to overhead obstruction; penalty.

No loaded or unloaded vehicle shall exceed a height of 13 feet, six inches.

Nothing contained in this section shall require either the public authorities or railroad companies to provide vertical clearances of overhead bridges or structures in excess of 12 feet, six inches, or to make any changes in the vertical clearances of existing overhead bridges or structures crossing highways. The driver or owner of vehicles on highways shall be held financially responsible for any damage to overhead bridges or structures that results from collisions therewith.

The driver or owner of any vehicle colliding with an overhead bridge or structure shall immediately notify, either in person or by telephone, a law-enforcement officer or the public authority or railroad company, owning or maintaining such overhead bridge or structure of the fact of such collision, and his name, address, driver's license number, and the registration number of his vehicle. Failure to give such notice immediately, either in person or by telephone, shall constitute a Class 1 misdemeanor.

On any highway maintained by the Virginia Department of Transportation over which there is a bridge or structure having a vertical clearance of less than 14 feet, the Commissioner of Highways shall have at least two signs erected setting forth the height of the bridge or structure. Such signs shall be located at least 1,500 feet ahead of the bridge or structure.

On any highway maintained by a county, city, or town over which a bridge or structure has a vertical clearance of less than 14 feet, the local governing body shall have at least two signs erected setting forth the height of the bridge or structure. Such signs shall be located at least 1,500 feet ahead of the bridge or structure.

The Virginia Department of Transportation may install and use overheight vehicle optical detection systems to identify vehicles that exceed the overhead clearance of the westbound tunnel of the Hampton Roads Bridge Tunnel on Interstate Route 64. When the optical system sensor located closest to the westbound tunnel entrance is used in identifying such vehicles, the system shall be installed at the specified height as determined by measurement standards that have been certified by the Commissioner of the Virginia Department of Agriculture and Consumer Services, and are traceable to national standards of measurement. Such identification by such system shall, for all purposes of law, be equivalent to having measured the height of the vehicle with a tape measure or other measuring device. When an employee of the Department of Transportation or the Department of State Police identifies a vehicle whose height exceeds 13 feet, six inches and whose driver is driving or attempting to drive through the westbound tunnel of the Hampton Roads Bridge Tunnel on Interstate 64, the driver of such vehicle may elect to wait until the end of peak traffic periods, as determined by the Department of Transportation, so that the Department of Transportation or Department of State Police may safely stop traffic and allow such vehicle to proceed in the opposite direction. If the driver does not elect to wait, he shall be subject to the penalties under this section.

Any person who drives or attempts to drive any vehicle or combination of vehicles into or through any tunnel when the height of such vehicle, any vehicle in a combination of vehicles, or any load on any such vehicle exceeds that permitted for such tunnel, shall be guilty of a misdemeanor and, in addition, shall be assessed three driver demerit points. In addition, the driver of any such vehicle shall be fined $1,000, of which $1,000 shall be a mandatory minimum. For subsequent offenses, the owner of any such vehicle shall be fined $2,500, of which $2,500 shall be a mandatory minimum.

A violation of this section shall be deemed for all purposes a moving violation.


SENATE BILL NO. 956
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Transportation
on January 28, 2015)
(Patron Prior to Substitute--Senator Lewis)
A BILL to amend and reenact § 46.2-1110 of the Code of Virginia, relating to penalties for overheight vehicles.

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-1110 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-1110. Height of vehicles; damage to overhead obstruction; penalty.

No loaded or unloaded vehicle shall exceed a height of 13 feet, six inches.

Nothing contained in this section shall require either the public authorities or railroad companies to provide vertical clearances of overhead bridges or structures in excess of 12 feet, six inches, or to make any changes in the vertical clearances of existing overhead bridges or structures crossing highways. The driver or owner of vehicles on highways shall be held financially responsible for any damage to overhead bridges or structures that results from collisions therewith.

The driver or owner of any vehicle colliding with an overhead bridge or structure shall immediately notify, either in person or by telephone, a law-enforcement officer or the public authority or railroad company, owning or maintaining such overhead bridge or structure of the fact of such collision, and his name, address, driver's license number, and the registration number of his vehicle. Failure to give such notice immediately, either in person or by telephone, shall constitute a Class 1 misdemeanor.

On any highway maintained by the Virginia Department of Transportation over which there is a bridge or structure having a vertical clearance of less than 14 feet, the Commissioner of Highways shall have at least two signs erected setting forth the height of the bridge or structure. Such signs shall be located at least 1,500 feet ahead of the bridge or structure.

On any highway maintained by a county, city, or town over which a bridge or structure has a vertical clearance of less than 14 feet, the local governing body shall have at least two signs erected setting forth the height of the bridge or structure. Such signs shall be located at least 1,500 feet ahead of the bridge or structure.

The Virginia Department of Transportation may install and use overheight vehicle optical detection systems to identify vehicles that exceed the overhead clearance of the westbound tunnel of the Hampton Roads Bridge Tunnel on Interstate Route 64. When the optical system sensor located closest to the westbound tunnel entrance is used in identifying such vehicles, the system shall be installed at the specified height as determined by measurement standards that have been certified by the Commissioner of the Virginia Department of Agriculture and Consumer Services, and are traceable to national standards of measurement. Such identification by such system shall, for all purposes of law, be equivalent to having measured the height of the vehicle with a tape measure or other measuring device. When an employee of the Department of Transportation or the Department of State Police identifies a vehicle whose height exceeds 13 feet, six inches and whose driver is driving or attempting to drive through the westbound tunnel of the Hampton Roads Bridge Tunnel on Interstate 64, the driver of such vehicle may elect to wait until the end of peak traffic periods, as determined by the Department of Transportation, so that the Department of Transportation or Department of State Police may safely stop traffic and allow such vehicle to proceed in the opposite direction. If the driver does not elect to wait, he shall be subject to the penalties under this section.

Any person who drives or attempts to drive any vehicle or combination of vehicles into or through any tunnel when the height of such vehicle, any vehicle in a combination of vehicles, or any load on any such vehicle exceeds that permitted for such tunnel, shall be guilty of a misdemeanor and, in addition, shall be assessed three driver demerit points. In addition, the driver of any such vehicle shall be fined $1,000, of which $1,000 shall be a mandatory minimum. For subsequent offenses, the owner of any such vehicle shall be fined $2,500, of which $2,500 shall be a mandatory minimum.

A violation of this section shall be deemed for all purposes a moving violation.

SENATE BILL NO. 956

Offered January 14, 2015
Prefiled January 9, 2015
A BILL to amend and reenact § 46.2-1110 of the Code of Virginia, relating to penalties for overheight vehicles.
Patron-- Lewis

Referred to Committee on Transportation

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-1110 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-1110. Height of vehicles; damage to overhead obstruction; penalty.

No loaded or unloaded vehicle shall exceed a height of 13 feet, six inches.

Nothing contained in this section shall require either the public authorities or railroad companies to provide vertical clearances of overhead bridges or structures in excess of 12 feet, six inches, or to make any changes in the vertical clearances of existing overhead bridges or structures crossing highways. The driver or owner of vehicles on highways shall be held financially responsible for any damage to overhead bridges or structures that results from collisions therewith.

The driver or owner of any vehicle colliding with an overhead bridge or structure shall immediately notify, either in person or by telephone, a law-enforcement officer or the public authority or railroad company, owning or maintaining such overhead bridge or structure of the fact of such collision, and his name, address, driver's license number, and the registration number of his vehicle. Failure to give such notice immediately, either in person or by telephone, shall constitute a Class 1 misdemeanor.

On any highway maintained by the Virginia Department of Transportation over which there is a bridge or structure having a vertical clearance of less than 14 feet, the Commissioner of Highways shall have at least two signs erected setting forth the height of the bridge or structure. Such signs shall be located at least 1,500 feet ahead of the bridge or structure.

On any highway maintained by a county, city, or town over which a bridge or structure has a vertical clearance of less than 14 feet, the local governing body shall have at least two signs erected setting forth the height of the bridge or structure. Such signs shall be located at least 1,500 feet ahead of the bridge or structure.

The Virginia Department of Transportation may install and use overheight vehicle optical detection systems to identify vehicles that exceed the overhead clearance of the westbound tunnel of the Hampton Roads Bridge Tunnel on Interstate Route 64. When the optical system sensor located closest to the westbound tunnel entrance is used in identifying such vehicles, the system shall be installed at the specified height as determined by measurement standards that have been certified by the Commissioner of the Virginia Department of Agriculture and Consumer Services, and are traceable to national standards of measurement. Such identification by such system shall, for all purposes of law, be equivalent to having measured the height of the vehicle with a tape measure or other measuring device.

Any person who drives or attempts to drive any vehicle or combination of vehicles into or through any tunnel when the height of such vehicle, any vehicle in a combination of vehicles, or any load on any such vehicle exceeds that permitted for such tunnel, shall be guilty of a misdemeanor and, in addition, shall be assessed three driver demerit points. In addition, the driver owner of any such vehicle shall be fined $1,000, of which $1,000 shall be a mandatory minimum. For subsequent offenses, the owner of any such vehicle shall be fined $2,500, of which $2,500 shall be a mandatory minimum.

A violation of this section shall be deemed for all purposes a moving violation.