Traffic Safety Laws
The 2007 General Assembly brought many new statute changes, to be effective July 1, 2007.
Four key changes were:
- “Teen Cell Phone”- This new law adds another key provision to the graduated licensing statute prohibiting provisional drivers the use of wireless telecommunications devices while operating a motor vehicle. “Except in a driver emergency or when the vehicle is lawfully parked or stopped, the holder of a provisional driver's license less than 18 years old, shall not operate a motor vehicle on the highways of the Commonwealth while using any cellular telephone or any other wireless telecommunications device, regardless of whether such device is or is not hand-held.”
- This provision will be added to Virginia’s graduated licensing law that now restricts the number of teen age passengers and possesses a Midnight to 4AM driving restriction.
- This new law only effects provisional drivers and not 18 and 19 year olds.
- Click here for a copy of the law:
http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+CHAP0777
- “Booster Seats”-This law strengthens the child passenger safety law in the Commonwealth in the following key ways:
- Raises the booster seat age requirement through age seven (it was five).
- A rear facing child car seat may not be placed in the front seat when air bags are not deactivated (that includes side and front airbags.
- Eliminates the exemption that would allow children to ride in the cargo area of a SUV or van.
- Click here for a copy of the law:
http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+CHAP0091
- “Photo Red Law”- Cameras can again be used to help capture red light runners at dangerous intersections. However there are strict guidelines in place which include:
- The photo is taken of the license plate and not the driver.
- There is up to a $50 civil fine and there are no points assessed.
- A law enforcement officer must review the violation before it can be mailed.
- A locality is permitted one camera per 10,000 citizens.
- A .005 grace period in the red light before the photo can be taken
- Click here for a copy of the law:
http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+CHAP0836
- Abuser Fee- The abuser fees are a part of the Virginia Comprehensive Transportation Funding and Reform Act, which raises over $1.2 billion annually for improvements to highways, including needed improvements in every district while tying local land use decisions to transportation, and reforming and streamlining the operations of VDOT.
- Only those with serious criminal convictions or a massive amount of demerit points are subject to the fees. Those who obey the laws or who have an occasional traffic infraction pay zero. These civil penalties (or, so called “abuser fees”) are targeted at chronic and dangerous drivers – those most likely to cause traffic accidents and congestion.
- While a component of it is charged based on traffic offenses, it is not a criminal fine (which could be applied to out of state drivers)
- There are two ways the “abuser fees” can be assessed.
- Based on Demerit Points – Annual fee assessed for having 8 or more demerit points against your license. $100 fee for 8 points increasing by $75 with each additional point. This penalizes chronically bad drivers.
- Based on Traffic Offense – Three year annual fee based on seriousness of offense. Only applies to certain motor vehicle-related or driving felonies and misdemeanors. Penalizes dangerous drivers.
The General Assembly website is http://legis.state.va.us/
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