Code of Virginia

Code of Virginia
Title 46.2. Motor Vehicles
2/17/2020

Article 12. Bicycles.

§ 46.2-903. (Effective until January 1, 2020) Riding or driving vehicles other than bicycles, electric power-assisted bicycles, electric personal assistive mobility devices, or other power-driven mobility device on sidewalks.

No person shall ride or drive any vehicle on the sidewalks of any county, city, or town of the Commonwealth other than (i) an emergency vehicle, as defined in § 46.2-920; (ii) a vehicle engaged in snow or ice removal and control operations; (iii) a wheel chair or wheel chair conveyance, whether self-propelled or otherwise; (iv) a bicycle; (v) an electric personal assistive mobility device; or (vi) an electric power-assisted bicycle.

Nothing in this section shall be construed to prohibit any public entity, in accordance with the federal Americans with Disabilities Act of 1990 (P.L. 101-336, 104 Stat. 327) and other applicable state and federal laws, from (a) allowing the use of other power-driven mobility devices, as that term is defined in § 10.1-204, by disabled individuals on a sidewalk or (b) requiring a user of an other power-driven mobility device to provide a credible assurance that the mobility device is required because of the person's disability.

Code 1950, § 33-283; 1958, c. 541, § 46.1-229; 1964, c. 522; 1973, c. 158; 1974, c. 541; 1975, c. 187; 1978, c. 605; 1981, c. 585; 1989, c. 727; 1994, c. 116; 2001, c. 834; 2002, c. 254; 2019, c. 182.

§ 46.2-903. (Effective January 1, 2020) Riding or driving vehicles on sidewalks; exceptions.

No person shall ride or drive any vehicle on the sidewalks of any county, city, or town of the Commonwealth other than (i) an emergency vehicle, as defined in § 46.2-920; (ii) a vehicle engaged in snow or ice removal and control operations; (iii) a wheel chair or wheel chair conveyance, whether self-propelled or otherwise; (iv) a bicycle; (v) an electric personal assistive mobility device; (vi) an electric power-assisted bicycle; or (vii) unless otherwise prohibited by ordinance, a motorized skateboard or scooter.

Nothing in this section shall be construed to prohibit any public entity, in accordance with the federal Americans with Disabilities Act of 1990 (P.L. 101-336, 104 Stat. 327) and other applicable state and federal laws, from (a) allowing the use of other power-driven mobility devices, as that term is defined in § 10.1-204, by disabled individuals on a sidewalk or (b) requiring a user of an other power-driven mobility device to provide a credible assurance that the mobility device is required because of the person's disability.

Code 1950, § 33-283; 1958, c. 541, § 46.1-229; 1964, c. 522; 1973, c. 158; 1974, c. 541; 1975, c. 187; 1978, c. 605; 1981, c. 585; 1989, c. 727; 1994, c. 116; 2001, c. 834; 2002, c. 254; 2019, cc. 182, 780.

§ 46.2-904. Use of roller skates and skateboards on sidewalks and shared-use paths; operation of bicycles and certain motorized and electric items and devices on sidewalks, 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, skateboards, and electric personal delivery devices and/or the riding of bicycles, electric personal assistive mobility devices, motorized skateboards or scooters, motor-driven cycles, 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 posted in general areas where use of roller skates, skateboards, and electric personal delivery devices, and/or bicycle, electric personal assistive mobility devices, motorized skateboards or scooters, motor-driven cycles, or electric power-assisted bicycle riding is prohibited. Unless otherwise prohibited, electric personal delivery devices may be operated on the sidewalks and shared-use paths and across the roadway on a crosswalk of any locality of the Commonwealth.

A person riding a bicycle, electric personal assistive mobility device, motorized skateboard or scooter, motor-driven cycle, or electric power-assisted bicycle on a sidewalk or 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. An electric personal delivery device operated on a sidewalk or shared-use path or across a roadway on a crosswalk shall yield the right-of-way to any pedestrian.

No person shall ride a bicycle, electric personal assistive mobility device, motorized skateboard or scooter, motor-driven cycle, or electric power-assisted bicycle or operate an electric personal delivery device on a sidewalk, or across a roadway on a crosswalk, where such use of bicycles, electric personal assistive mobility devices, electric personal delivery devices, motorized skateboards or scooters, motor-driven cycles, or electric power-assisted bicycles is prohibited by official traffic control devices. No person shall park a bicycle, electric power-assisted bicycle, or motorized skateboard or scooter in a manner that impedes the normal movement of pedestrian or other traffic or where such parking is prohibited by official traffic control devices.

A person riding a bicycle, electric personal assistive mobility device, motorized skateboard or scooter, motor-driven cycle, or electric power-assisted bicycle on a sidewalk or shared-use path or across a roadway on a crosswalk shall have all the rights and duties of a pedestrian under the same circumstances. An electric personal delivery device operated on a sidewalk or 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 or any provision of this section shall be punishable by a civil penalty of not more than $50.

1981, c. 585, § 46.1-229.01; 1984, c. 124; 1989, c. 727; 1999, c. 943; 2001, c. 834; 2002, c. 254; 2003, cc. 29, 46; 2006, cc. 529, 538; 2013, c. 783; 2017, cc. 251, 788; 2019, c. 780.

§ 46.2-905. Riding bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, motorized skateboards or scooters, and mopeds on roadways and bicycle paths.

Any person operating a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized skateboard or scooter, 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, motorized skateboard or scooter, or moped and another vehicle to pass safely side by side within the lane.

Persons riding bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, or motorized skateboards or scooters 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.

1974, c. 347, § 46.1-229.1; 1980, c. 130; 1981, c. 585; 1989, c. 727; 2001, c. 834; 2002, c. 254; 2003, cc. 29, 46; 2004, cc. 947, 973; 2006, cc. 529, 538; 2007, cc. 209, 366; 2013, c. 783; 2019, c. 780.

§ 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 or moped 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 bicycle 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.

1974, c. 347, § 46.1-229.2; 1981, c. 585; 1989, c. 727; 2001, c. 834; 2002, c. 254; 2003, cc. 29, 46; 2006, cc. 529, 538; 2007, cc. 209, 366.

§ 46.2-906.1. Local ordinances may require riders of bicycles, electric personal assistive mobility devices, and electric power-assisted bicycles to wear helmets.

The governing body of any county, city or town may, by ordinance, provide that every person 14 years of age or younger shall wear a protective helmet that at least meets the Consumer Product Safety Commission standard whenever riding or being carried on a bicycle, an electric personal assistive mobility device, a toy vehicle, 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 $25. 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, electric personal assistive mobility device, toy vehicle, or electric power-assisted bicycle, nor shall anything in this section change any existing law, rule, or procedure pertaining to any civil action.

1993, c. 924; 1994, c. 56; 1995, cc. 42, 671; 2001, c. 834; 2002, c. 254; 2004, cc. 947, 973; 2006, cc. 529, 538; 2007, cc. 209, 366.

§ 46.2-907. Overtaking and passing vehicles.

A person riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized skateboard or foot-scooter, or moped may overtake and pass another vehicle on either the left or right side, staying in the same lane as the overtaken vehicle, or changing to a different lane, or riding off the roadway as necessary to pass with safety.

A person riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized skateboard or foot-scooter, or moped may overtake and pass another vehicle only under conditions that permit the movement to be made with safety.

A person riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized skateboard or foot-scooter, or moped shall not travel between two lanes of traffic moving in the same direction, except where one lane is a separate turn lane or a mandatory turn lane.

Except as otherwise provided in this section, a person riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized skateboard or foot-scooter, or moped shall comply with all rules applicable to the driver of a motor vehicle when overtaking and passing.

1981, c. 585, § 46.1-229.2:1; 1989, c. 727; 2001, c. 834; 2002, c. 254; 2006, cc. 529, 538; 2013, c. 783.

§ 46.2-908. Registration of bicycle, electric personal assistive mobility device, electric personal delivery device, and electric power-assisted bicycle serial numbers.

Any person who owns a bicycle, electric personal assistive mobility device, electric personal delivery device, or electric power-assisted bicycle may register its serial number with the local law-enforcement agency of the political subdivision in which such person resides.

1975, c. 171, § 46.1-66.1; 1989, c. 727; 2001, c. 834; 2002, c. 254; 2017, cc. 251, 788.

§ 46.2-908.1. Electric personal assistive mobility devices, electric personal delivery devices, electrically powered toy vehicles, electric power-assisted bicycles, and motorized skateboards or scooters.

All electric personal assistive mobility devices, electric personal delivery devices, electrically powered toy vehicles, and electric power-assisted bicycles shall be equipped with spill-proof, sealed, or gelled electrolyte batteries. No person shall at any time or at any location operate (i) an electric personal assistive mobility device or an electric power-assisted bicycle at a speed faster than 25 miles per hour, (ii) a motorized skateboard or scooter at a speed faster than 20 miles per hour, or (iii) an electric personal delivery device at a speed faster than 10 miles per hour. No person shall operate a skateboard or scooter that would otherwise meet the definition of a motorized skateboard or scooter but is capable of speeds greater than 20 miles per hour at a speed greater than 20 miles per hour. No person less than 14 years old shall drive any electric personal assistive mobility device, motorized skateboard or scooter, or electric power-assisted bicycle unless under the immediate supervision of a person who is at least 18 years old.

An electric personal assistive mobility device may be operated on any highway with a maximum speed limit of 25 miles per hour or less. An electric personal assistive mobility device shall only operate on any highway authorized by this section if a sidewalk is not provided along such highway or if operation of the electric personal assistive mobility device on such sidewalk is prohibited pursuant to § 46.2-904. Nothing in this section shall prohibit the operation of an electric personal assistive mobility device, electric personal delivery device, or motorized skateboard or scooter in the crosswalk of any highway where the use of such crosswalk is authorized for pedestrians, bicycles, or electric power-assisted bicycles.

Operation of electric personal assistive mobility devices, motorized skateboards or scooters, electrically powered toy vehicles, bicycles, and electric power-assisted bicycles is prohibited on any Interstate Highway System component except as provided by the section.

The Commonwealth Transportation Board may authorize the use of bicycles or motorized skateboards or scooters on an Interstate Highway System Component provided the operation is limited to bicycle or pedestrian facilities that are barrier separated from the roadway and automobile traffic and such component meets all applicable safety requirements established by federal and state law.

2001, c. 834; 2002, c. 254; 2006, cc. 529, 538; 2007, cc. 209, 366; 2009, c. 795; 2013, c. 783; 2017, cc. 251, 788; 2019, c. 780.

§ 46.2-908.1:1. Electric personal delivery devices.

A. All electric personal delivery devices shall obey all traffic and pedestrian control devices and signs and include a plate or marker that is in a position and size to be clearly visible and identifies the name and contact information of the owner of the electric personal delivery device and a unique identifying device number.

B. All electric personal delivery devices shall be equipped with a braking system that, when active or engaged, will enable such electric personal delivery device to come to a controlled stop.

C. No electric personal delivery device shall transport hazardous materials, substances, or waste as defined in § 10.1-1400. For the purposes of this subsection, hazardous materials includes ammunition.

D. No electric personal delivery device shall be operated on a public highway in the Commonwealth, except to the extent necessary to cross an intersection or crosswalk.

E. No electric personal delivery device shall operate on a sidewalk or shared-use path or across a roadway on a crosswalk unless an electric personal delivery device operator is actively controlling or monitoring the navigation and operation of the electric personal delivery device.

F. Any entity or person who uses an electric personal delivery device to engage in criminal activity is criminally liable for such activity.

2017, cc. 251, 788.

The chapters of the acts of assembly referenced in the historical citation at the end of these sections may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.

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