The Virginian-Pilot
©
RICHMOND
Virginia appears to be the only state in the country where it’s legal to tailgate a bicycle, and a House of Delegates subcommittee is OK with that.
Current state law forbids motorists from following another motor vehicle “more closely than is reasonable and prudent.” Del. Alfonso Lopez, D-Arlington County, submitted a measure, HB785, that would also outlaw following bicycles, mopeds and electric personal assistive mobility devices too closely.
That would align Virginia with the rest of the states, Lopez told a House panel this morning. Bud Vye, advocacy director of the Virginia Bicycling Federation, confirmed Lopez’ contention that no other state limits tailgating laws to motor vehicles.
Bicycles are becoming more common on Virginia streets and roads, Lopez said, and broadening the tailgating law to cover them would provide riders an extra margin of safety.
But the subcommittee rejected the bill, 4-2, with minimal discussion. Del. Scott Garrett, R-Lynchburg, expressed concern that it might impede traffic flow.
The panel will have one more opportunity to address the issue. An identical bill, SB264, from Sen. Adam Ebbin, D-Alexandria, has passed the Senate and is on its way to the House.
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Following distance is generally accepted as
Being 2 seconds behind the front vehicle. This is easy to judge, even for VA LEO. All you need to do is to look for a fixed object like a pole or road seam, and count "1 One Thousand, 2 One Thousand" after the lead vehicle passes the object and if the follow vehicle passes the fixed object before completing the phrase then it is tailgating. It doesn't matter if the lead vehicle is a bicycle, or a doofus on a Segway, or someone in a power wheelchair.
Did anyone else get an
Did anyone else get an advertisement for scooters beside the article?
it's surprising va is a tourist state at all. . .
...since it has shown itself to be so bicycle unfriendly.
Bikes are tailgated because of the speed differential
If a car approaches from the rear, intent on passing when safe to do so, following at a close distance helps to ensure that the pass will be quick and safe. It's much safer than following at a distance, then having to accelerate that much faster to make a pass. An unexpected car pulling out, or the bike falling or having mechanical problems is much harder to react to when you're accelerating more than necessary because you kept a "safe" distance when starting your pass. If you can't follow a bike relatively close and react in time, at the speeds they're capable of, you probably shouldn't be piloting a 3500 lb vehicle in the first place.
Who was to judge the judges
How/who would determine how close is to close. I am willing to bet that a safe distance determined by a bike rider would be vastly different than a safe distance determined by ca car driver. If it is left up to the cop it will be challenged in court. You cant fix stupid.
According to the Virginia State Code,
officers may NOW stop and cite a vehicle that is following too close to a bicycle:
§ 46.2-852. Reckless driving; general rule.
"Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed OR IN A MANNER (accent mine) so as to endanger the life, limb, or property of any person shall be guilty of reckless driving."
It is incumbent upon the officer to articulate those circumstances which led to his/her charges and which may be reduced, by the court, to certain lesser offenses, improper driving just to name one.
Depending on the severity of penalties and points, I'm thinking it just might be preferable to be charged under the proposed law, rather than reckless driving.
No Surprise
This shouldn’t surprise anybody. VA is also the only state to ban RADAR detectors as well. Clearly, VA must know something about traffic safety that no other state in the country is aware of. Aren’t we lucky.
In Hampton Roads...
It's been my observation while driving in this area that most drivers are guilty of following another motor vehicle “more closely than is reasonable and prudent.” And on the interstate, if you try to leave a safe distance between you and the car in front, somebody is going to jump in that space and you are no longer at a safe distance.
Good job
One more law to give the police an excuse to stop people who “look suspicious”.
Interpreting "look suspicious"
Humm, the car is within 5 feet behind a bicycle. Reasons why this shouldn't be considered suspicious
A)Planning on give cyclist a push like in NASCAR
B)Trying to read the label on the back of the cyclist's jersey
C)Doesn't see the cyclist because the driver is far-sighted
D)Going to drive over the cyclist as there is enough clearance between the ground and the bottom of the car......