Traffic lights for Motorcyclist in Virginia

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Traffic lights for Motorcyclist in Virginia

Postby streetdoc » Mon Apr 11, 2011 9:16 am

We talked about this in the General Membership Meeting yesterday, this has the biggest change in what we can do as Motorcyclist in Virginia. Look at paragraph "B" of the new law, if you regularly use intersections that you don't trip the traffic light you may want to print out the new law and carry it with you until the police get use to this change.

Current Law in Virginia, http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-833
46.2-833. Traffic lights; penalty.

A. Signals by traffic lights shall be as follows:

Steady red indicates that moving traffic shall stop and remain stopped as long as the red signal is shown, except in the direction indicated by a lighted green arrow.

Green indicates the traffic shall move in the direction of the signal and remain in motion as long as the green signal is given, except that such traffic shall yield to other vehicles and pedestrians lawfully within the intersection.

Steady amber indicates that a change is about to be made in the direction of the moving of traffic. When the amber signal is shown, traffic which has not already entered the intersection, including the crosswalks, shall stop if it is not reasonably safe to continue, but traffic which has already entered the intersection shall continue to move until the intersection has been cleared. The amber signal is a warning that the steady red signal is imminent.

Flashing red indicates that traffic shall stop before entering an intersection.

Flashing amber indicates that traffic may proceed through the intersection or past such signal with reasonable care under the circumstances.

B. If the traffic lights controlling an intersection are out of service because of a power failure or other event that prevents the giving of signals by the traffic lights, the drivers of vehicles approaching such an intersection shall proceed as though such intersection were controlled by a stop sign on all approaches. The provisions of this subsection shall not apply to: intersections controlled by portable stop signs, intersections with law-enforcement officers or other authorized persons directing traffic, or intersections controlled by traffic lights displaying flashing red or flashing amber lights as provided in subsection A.

C. The driver of any motor vehicle may be detained or arrested for a violation of this section if the detaining law-enforcement officer is in uniform, displays his badge of authority, and (i) has observed the violation or (ii) has received a message by radio or other wireless telecommunication device from another law-enforcement officer who observed the violation. In the case of a person being detained or arrested based on a radio message, the message shall be sent immediately after the violation is observed, and the observing officer shall furnish the license number or other positive identification of the vehicle to the detaining officer.

Violation of any provision of this section shall constitute a traffic infraction punishable by a fine of no more than $350.

(Code 1950, � 46-203; 1952, c. 671; 1954, c. 381; 1958, c. 541, � 46.1-184; 1964, c. 613; 1966, c. 607; 1970, cc. 515, 736; 1972, cc. 4, 234, 454; 1974, c. 347; 1976, cc. 30, 31; 1977, c. 9; 1978, c. 300; 1981, c. 163; 1989, c. 727; 2000, c. 834; 2004, cc. 252, 743; 2006, c. 928.)

New Law effective July 1, 2011 http://leg1.state.va.us/cgi-bin/legp504.exe?111+ful+CHAP0471
CHAPTER 471
An Act to amend and reenact � 46.2-833 of the Code of Virginia, relating to traffic lights. [H 1981]
Approved March 24, 2011

Be it enacted by the General Assembly of Virginia:

1. That � 46.2-833 of the Code of Virginia is amended and reenacted as follows:

� 46.2-833. Traffic lights; penalty.

A. Signals by traffic lights shall be as follows:

Steady red indicates that moving traffic shall stop and remain stopped as long as the red signal is shown, except in the direction indicated by a lighted green arrow.

Green indicates the traffic shall move in the direction of the signal and remain in motion as long as the green signal is given, except that such traffic shall yield to other vehicles and pedestrians lawfully within the intersection.

Steady amber indicates that a change is about to be made in the direction of the moving of traffic. When the amber signal is shown, traffic which has not already entered the intersection, including the crosswalks, shall stop if it is not reasonably safe to continue, but traffic which has already entered the intersection shall continue to move until the intersection has been cleared. The amber signal is a warning that the steady red signal is imminent.

Flashing red indicates that traffic shall stop before entering an intersection.

Flashing amber indicates that traffic may proceed through the intersection or past such signal with reasonable care under the circumstances.

B. Notwithstanding any other provision of law, if a driver of a motorcycle or moped or a bicycle rider approaches an intersection that is controlled by a traffic light, the driver or rider may proceed through the intersection on a steady red light only if the driver or rider (i) comes to a full and complete stop at the intersection for two complete cycles of the traffic light or for two minutes, whichever is shorter, (ii) exercises due care as provided by law, (iii) otherwise treats the traffic control device as a stop sign, (iv) determines that it is safe to proceed, and (v) yields the right of way to the driver of any vehicle approaching on such other highway from either direction.

C. If the traffic lights controlling an intersection are out of service because of a power failure or other event that prevents the giving of signals by the traffic lights, the drivers of vehicles approaching such an intersection shall proceed as though such intersection were controlled by a stop sign on all approaches. The provisions of this subsection shall not apply to: intersections controlled by portable stop signs, intersections with law-enforcement officers or other authorized persons directing traffic, or intersections controlled by traffic lights displaying flashing red or flashing amber lights as provided in subsection A.

C D. The driver of any motor vehicle may be detained or arrested for a violation of this section if the detaining law-enforcement officer is in uniform, displays his badge of authority, and (i) has observed the violation or (ii) has received a message by radio or other wireless telecommunication device from another law-enforcement officer who observed the violation. In the case of a person being detained or arrested based on a radio message, the message shall be sent immediately after the violation is observed, and the observing officer shall furnish the license number or other positive identification of the vehicle to the detaining officer.

Violation of any provision of this section shall constitute a traffic infraction punishable by a fine of no more than $350.
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Re: Traffic lights for Motorcyclist in Virginia

Postby STATMATT » Fri May 27, 2011 5:37 pm

I don't see the point... of printing the law and carrying it with you. The law doesn't go into effect until July 1st anyway.

I percieve that carrying a copy of the law implies you are just looking for trouble. How often does this happen to you where you get stuck behind a light? For me it happens about once a week, but usually a car pulls behind me and trigers the signal or i finally give up and go anyway... probably a minute or less if I'm familiar with the intersection.

I guess the problem I see here is that the way this is written is that it is an implicit excuse to run a red light. My personal beliefs are that red lights should be treated as stop signs for all vehicles. If you think you can make it, by golly go for it and let natural selection sort out the rest!

This ability to 'go' when the light is red, if it is used when other cars are present, is going to cause problems down the line as far as each of us being an 'ambasador' for all motorcyclists. Its as if the sales pitch is get a motorcycle so you can run red lights... I feel like carrying a copy of the law is apt to create a stupid situation on the road with one lone cyclist and a supercop. My suggestion is take the ticket without saying a word to the officer, go to court and bring the copy of the law then.

Carrying it with you is just asking for a pissing contest with an officer and is about as good as practicing open cary with a permit in Phily.
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Re: Traffic lights for Motorcyclist in Virginia

Postby Chiba » Sun May 29, 2011 5:21 pm

STATMATT wrote:I don't see the point... of printing the law and carrying it with you. The law doesn't go into effect until July 1st anyway.

Just like any one of us couldn't possibly read every thread here on the message board, individual officers can't possibly know every single law on the books, including new ones.

Having a copy of it might encourage the officer that pulls you over to check on it, and thereby get you out of a ticket. After 1 July, of course.

There's a light on my way to work that I regularly have to either remember to skip or wait through several cycles (on the rare occasions traffic is light, anyway). I've had to get off my bike, walk back to the car behind me and encourage the driver to pull up onto the weight - nice of them to leave me some space, but if I can't trigger the light, they're stuck too. It's even worse at midnight, when traffic is non-existent.

--chiba
Last edited by Chiba on Mon Jul 25, 2011 11:23 am, edited 1 time in total.
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Re: Traffic lights for Motorcyclist in Virginia

Postby m1dntlukgud » Mon Jul 25, 2011 10:04 am

Saw a cop once in the middle of my illegal left turn (on the tiny DR 1 AM)...I guess he connected the dots or was working on his laptop

safety first! :lol:
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Re: Traffic lights for Motorcyclist in Virginia

Postby ERC Scott » Thu Oct 27, 2011 1:55 pm

So this law has been in effect in VA for a few months now. Any riders had a chance to take advantage of the reg? (I have in MD, but I don't think its protection applies here
:lol: ) Any problems from Law Enforcement Officers that weren't up to date on the new reg? Scott
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Re: Traffic lights for Motorcyclist in Virginia

Postby JimVonBaden » Thu Oct 27, 2011 1:56 pm

I've been doing it for years. Never an issue. Then again, I haven't been pulled over for it either.

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Re: Traffic lights for Motorcyclist in Virginia

Postby ERC Scott » Thu Oct 27, 2011 2:03 pm

JimVonBaden wrote:I've been doing it for years. Never an issue. Then again, I haven't been pulled over for it either.

Jim :brow


It's been years since the one time I was pulled over for this infraction, but it did cost a contribution to the state coffers :cry: . Scott
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Re: Traffic lights for Motorcyclist in Virginia

Postby BMWGirl » Thu Oct 27, 2011 3:16 pm

ERC Scott wrote:
JimVonBaden wrote:I've been doing it for years. Never an issue. Then again, I haven't been pulled over for it either.

Jim :brow


It's been years since the one time I was pulled over for this infraction, but it did cost a contribution to the state coffers :cry: . Scott


There's one by my house that I've had to run a couple of times but I try to wait until no one is looking. It picks up the cars in a matter of seconds but never did pick up the bike. So I ran it. :lol:
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Re: Traffic lights for Motorcyclist in Virginia

Postby Unity » Thu Oct 27, 2011 8:22 pm

I'm probably not the best at estimating when two minutes has elapsed.

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Re: Traffic lights for Motorcyclist in Virginia

Postby STATMATT » Wed Nov 30, 2011 6:36 pm

I've used it on a few lights, two minutes goes by quickly when no one is comming in either direction.
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Re: Traffic lights for Motorcyclist in Virginia

Postby biometrics » Wed Nov 30, 2011 7:38 pm

I have found that I have better luck tripping these types of lights when I am sitting in the left wheel mark of the cages that use the intersection. Seems the proximity of my bike to the sensor is improved in this position... I have yet to test the law, but I know it will happen eventually. Better to carry a copy of the law with you. It could save you getting a receipt for a "donation" to the Commonwealth of Virginia... :)
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Re: Traffic lights for Motorcyclist in Virginia

Postby STATMATT » Thu Dec 01, 2011 3:54 pm

I think I have the court thing figured out. The key is don't tell the oficer the law you intend to use. Subpoena his traffic notes immediately. So you know what he is going to say. And if the notes aren't given to you you can motion to dismiss. And if he does not have the time observed at the traffic light in his notes, you tell the magistrate when you go to court the law, have a printed copy and your whole story with drawings of where the offficer was when he observed you and so on. If they don't throw it out, the Appeal will defininately 'null process' the ticket. Usually the officer will have to recollect details a month after the fact. So if there isn't a time that the officer observed you stopped at the light, you are good to go. But I generally don't make it a point to run red lights in front of officers just to make a point of the new law.

If you show him a printed copy of the law the officer may state that you didn't stop the requisite amount of seconds. He'll then document it in his notes and good luck winning that one, since he knows your defense approach.

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Re: Traffic lights for Motorcyclist in Virginia

Postby Chiba » Fri Dec 02, 2011 9:28 am

I've been waiting 3-4 minutes just to be 100% sure I'm good on the time restriction :) Lucky my bikes have clocks on them!
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Re: Traffic lights for Motorcyclist in Virginia

Postby jskene » Tue Jan 17, 2012 7:35 pm

There's a light near me that is timed at 3 minutes red, 15 seconds green. Guess I can go through after the first 2 minutes is up!
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