TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

COMMONWEALTH TRANSPORTATION BOARD

Proposed Regulation

Title of Regulation: 24VAC30-640. Parking on Primary and Secondary Highways (adding 24VAC30-640-10 through 24VAC30-640-50).

Statutory Authority: § 46.2-1223 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 23, 2022.

Agency Contact: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email joanne.maxwell@vdot.virginia.gov.

Basis: Section 46.2-1223 of the Code of Virginia provides that the Commissioner of Highways may regulate parking on any part of the primary and secondary systems of state highways by regulation.

Purpose: The Virginia Department of Transportation (VDOT) is responsible for the safe and efficient flow of traffic on state maintained highways. Preserving the safe and efficient flow of vehicular traffic entails controlling and limiting access and the manner of use of highways, including parking where the extent, character, or frequency of such parking impedes the safe or efficient flow of vehicular traffic or the proper operation of the highway.

Substance: The proposed regulation characterizes and distinguishes the specific factors that VDOT will consider in determining whether to restrict or prohibit parking, stopping, or standing on a portion of a primary or secondary highway, including when the parking impedes the safe or efficient flow of vehicular traffic or the proper operation or maintenance of the highway. The regulation specifies that the restriction or prohibition shall be indicated by signs that meet the relevant standards for traffic control devices. The regulation includes enforcement provisions that meet the requirements specified in § 46.2-1227 of the Code of Virginia. The regulation clarifies when VDOT will not regulate parking, such as where localities or other state agencies have authority to regulate parking pursuant to the Code of Virginia.

Issues: The proposed parking regulation requires VDOT to consider the safety and mobility of the public in determining where parking should be located or restricted, and a safe and efficient driving environment is a main advantage for the public due to this regulation. There are no disadvantages to the public.

The proposed parking regulation also advantages VDOT in allowing VDOT to regulate parking in a manner to ensure the safe and efficient use of the highways, which reduces costs for VDOT in the construction, operation, and maintenance of those highways. The main disadvantage to VDOT is the cost of placing signs informing the public of any parking regulation.

Department of Planning and Budget's Economic Impact Analysis: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia (Code) and Executive Order 14 (as amended, July 16, 2018). The analysis presented represents DPB's best estimate of these economic impacts.¹

Summary of the Proposed Amendments to Regulation. The Commissioner of Highways (Commissioner) proposes to promulgate 24VAC30-640, Parking on Primary and Secondary Highways, as a new chapter in the Virginia Administrative Code.

Background. Section 46.2-830 of the Code of Virginia states that "The Commissioner of Highways may classify, designate, and mark state highways and provide a uniform system of traffic control devices for such highways under the jurisdiction of the Commonwealth." The definition of traffic control device includes signs.² VDOT has in practice placed no parking signs in appropriate areas for public safety and to facilitate the mobility of traffic.

Section 46.2-1223 of the Code of Virginia states that "Except as otherwise provided in this article, the Commissioner of Highways may, by regulation, regulate parking on any part of the primary and secondary systems of state highways." The Virginia Department of Transportation (VDOT) does not currently have a parking regulation. The Commissioner proposes to establish a new regulation to clarify the parking-related issues of concern to VDOT that are not in conflict with localities' authority to regulate parking under other sections of the Code of Virginia. Such parking-related issues of concern to VDOT include areas along highways where parking impedes the safe or efficient flow of vehicular traffic or the proper operation of the highway. The agency believes it is highly desirable that counties and towns continue to address, through their ordinances, parking issues on their local streets within their boundaries and that are otherwise maintained by VDOT. Such streets are typically classified as local (or collectors that serve a similar purpose) and primarily serve to provide access to residences or businesses (including parking for those residences and businesses). These streets typically have speed limits of 25 mph and are within a neighborhood or subdivision or in a "residence district" or "business district" of a town.

Estimated Benefits and Costs. The proposed new regulation has five sections: 24VAC30-640-10, Definitions; 24VAC30-640-20, Prohibition on parking generally; 24VAC30-640-30, Signs; 24VAC30-640-40, Enforcement; and 24VAC30-640-50, Exceptions and authority of localities. Section 10 "Definitions" is self-explanatory.

In Section 20 "Prohibition on parking generally," Subsection A states that "The Department may restrict or prohibit parking, stopping or standing on any portion of the right-of-way of a primary or secondary highway where, in the Department's discretion, such parking, stopping or standing impedes the safe or intended use of the highway." Subsection B states that "Parking, stopping or standing is prohibited on any bridge or in any tunnel and on any bicycle lane or shared use path unless otherwise indicated by the Department." Subsection C lists the factors VDOT shall consider when determining whether to restrict or prohibit parking, stopping, or standing in a location, including: 1) the intended use of the highway, 2) the roadway design, speed and traffic, 3) where parking, stopping or standing may cause undue damage to any portion of the highway maintained by VDOT, and 4) where parking, stopping or standing obstructs the actions required by VDOT for operating, maintaining or constructing the highway.

Section 30 "Signs" simply states that: a) any restriction or prohibition on parking, stopping or standing pursuant to Section 20 shall be indicated by signs erected in the area of the restriction or prohibition, and b) all signs erected in accordance with this section shall conform in content, location and design with the uniform standards for traffic control devices established by the Commissioner of Highways pursuant to § 46.2-830.³

Subsection A of Section 40 "Enforcement" states that "Any vehicle parked, stopped or standing in violation of this regulation may be issued a citation by an appropriate law enforcement officer for a traffic infraction and shall be subject to penalties set in accordance with § 46.2-113⁴ and the Rules of the Supreme Court of Virginia." Subsection B indicates that uncontested citations are to be paid to the local government in which the part of the highway lies.⁵ Subsection C states that "Citations issued under the provisions of this section and which are contested or delinquent shall be certified or a complaint, summons, or warrant shall be issued as provided in § 46.2-1225⁶ to the general district court in whose jurisdiction the part of the highway lies. Any sums collected by such court, minus court costs, shall be promptly paid by the clerk into the general fund of the state treasury." VDOT has indicated that it has not, and has no future plans to issue its own citations. When violations come to the attention of agency employees, appropriate law-enforcement agencies may be contacted.

Subsection A of Section 50 "Exceptions and authority of localities" exempts law-enforcement vehicles, emergency vehicles, and VDOT vehicles acting in the performance of their official duties from restrictions and prohibitions on parking pursuant to this regulation. Subsections B, C, and D state that nothing in this regulation shall be construed so as to infringe on: B) localities" authority to regulate or prohibit parking in accordance with the Code of Virginia, C) the authority of any board of visitors or other governing body of an educational institution relating to parking on property owned by the institution in accordance with the Code of Virginia, and D) the authority of the State Board of Behavioral Health and Developmental Services relating to parking on property owned by the Department of Behavioral Health and Developmental Services in accordance with the Code of Virginia.

The promulgation of the regulation is not likely to have a large impact in practice, but is beneficial in that it helps clarify for the public VDOT's rules and procedures concerning parking.

Businesses and Other Entities Affected. The regulation pertains to all business, other entities, and individuals who use motor vehicles on the Commonwealth's highways.

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁷ An adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined. No adverse impact is indicated.

Small Businesses⁸ Affected.⁹ The proposed regulation does not appear to adversely affect small businesses.

Localities¹⁰ Affected.¹¹ The proposed regulation neither disproportionately affects particular localities nor substantively affects costs for local governments.

Projected Impact on Employment. The proposed regulation is unlikely to affect total employment.

Effects on the Use and Value of Private Property. The proposed regulation is unlikely to substantively affect either the use and value of private property or real estate development costs.

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¹Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

²See § 46.2-100 of the Code of Virginia: https://law.lis.virginia.gov/vacode/title46.2/chapter1/section46.2-100/

³See https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-830/

⁴See https://law.lis.virginia.gov/vacode/title46.2/chapter1/section46.2-113/

⁵More specifically, "Citations issued under the provisions of this regulation and which are uncontested shall be paid to the administrative official or officials appointed under the provisions of § 46.2-1227 of the Code of Virginia in the locality in which the part of the highway lies, or for any locality where there is no such appointed administrative official the citations shall be paid to the local treasurer, who shall promptly pay them into the general fund of the state treasury."

⁶See https://law.lis.virginia.gov/vacode/title46.2/chapter12/section46.2-1225/

⁷Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁸Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁹If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

¹⁰"Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹¹Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to Economic Impact Analysis: The agency agrees with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

This proposed action establishes a new regulation to address the parking-related issues of concern to the Virginia Department of Transportation (VDOT) that are not in conflict with any locality's authority to regulate parking under the Code of Virginia, including (i) the specific factors that VDOT will consider in determining whether to restrict or prohibit parking, stopping, or standing on a portion of a primary or secondary highway; (ii) a requirement that any restriction or prohibition shall be indicated by signs that meet the relevant standards for traffic control devices; (iii) enforcement provisions that meet the requirements specified in § 46.2-1227 of the Code of Virginia; and (iv) instances when VDOT will not regulate parking, such as where localities or other state agencies have authority to regulate parking pursuant to the Code of Virginia.

Chapter 640

Parking on Primary and Secondary Highways

24VAC30-640-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Bicycle lane" means that portion of a roadway designated by signs or pavement markings for the preferential use of bicycles, electric power-assisted bicycles, motorized skateboards or scooters, and mopeds.

"Business district" means the territory contiguous to a highway where 75% or more of the property contiguous to a highway, on either side of the highway, for a distance of 300 feet or more along the highway, is occupied by land and buildings actually in use for business purposes.

"Clear zone" means the total border area of a roadway, including, if any, parking lanes or planting strips, that is sufficiently wide for an errant vehicle to avoid a serious accident. Details on the clear zone are in VDOT's Road Design Manual (see 24VAC30-151-760).

"Commissioner" means the Commissioner of Highways, the individual who serves as the chief executive officer of the Virginia Department of Transportation or his designee.

"Department" or "VDOT" means the Virginia Department of Transportation.

"Highway" means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes, (i) the entire width between the boundary lines of all private roads or private streets that have been specifically designated "highways" by an ordinance adopted by the governing body of the county, city, or town in which such private roads or streets are located and (ii) the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the Commonwealth.

"Parking" means halting a vehicle, whether occupied or not, other than "stopping" or "standing," for an appreciable period of time.

"Primary highway" means any highway in or component of the primary state highway system as defined in § 33.2-100 of the Code of Virginia.

"Residence district" means the territory contiguous to a highway, not comprising a business district, where 75% or more of the property abutting such highway, on either side of the highway, for a distance of 300 feet or more along the highway consists of (i) land improved for dwelling purposes or is occupied by dwellings, (ii) land or buildings in use for business purposes, or (iii) territory zoned residential or territory in residential subdivisions created under Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2 of the Code of Virginia.

"Secondary highway" means any highway in or component of the secondary state highway system as defined in § 33.2-100 of the Code of Virginia.

"Shared-use path" means a bikeway that is physically separated from motorized vehicular traffic by an open space or barrier and is located either within the highway right-of-way or within a separate right-of-way. Shared-use paths may also be used by pedestrians, skaters, users of wheel chairs or wheel chair conveyances, joggers, and other nonmotorized users and personal delivery devices.

"Shoulder" means that part of a highway between the portion regularly traveled by vehicular traffic and the lateral curbline or ditch.

"Standing" means the halting of a vehicle, while still occupying the vehicle, for the purpose of and while actually engaged in receiving or discharging passengers.

"Stopping" means the momentary halting of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.

"Travel lane" means that portion of a roadway designed or designated to accommodate the forward movement of a single line of vehicles.

"Vehicle" means every device in, on, or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks.

24VAC30-640-20. Regulation of parking generally.

A. The commissioner may restrict or prohibit parking, stopping, or standing on any portion of the right-of-way of a primary or secondary highway where, in the commissioner's discretion, such parking, stopping, or standing impedes the safe or intended use of the highway.

B. Parking, stopping, or standing is prohibited on any bridge or in any tunnel and on any sidewalk, bicycle lane, or shared-use path unless otherwise indicated by the department.

C. The commissioner shall consider the following factors when determining whether to restrict or prohibit parking, stopping, or standing in a location pursuant to subsection A of this section:

1. The intended use of the highway. Generally, highways with a federal functional classification of arterial or collector facilitate the mobility of traffic and typically have higher speed limits (such as greater than 35 miles per hour). Highways with a federal functional classification of local generally serve to provide access, including parking to adjacent residences and businesses, and generally have speed limits of 35 miles per hour or less, such as in a business district or residence district.

2. The roadway design, speed, and traffic. Generally, parking, stopping, or standing may be prohibited where the roadway features, traffic and speeds do not conform to VDOT's design standards for the provision of parking (such design standards include design speed, traffic volume, truck percentage and the widths of pavement, travel lane, shoulder, parking lane, clear zone as well as geometric and sight distance standards). The proximity of parking to horizontal or vertical curves, intersections, entrances, or crosswalks should be considered as parking may impede the ability of vehicles or pedestrians to safely see the highway and other vehicles or pedestrians ahead or for vehicles to negotiate a turn onto or off the highway.

3. Potential damage to the highway or right of way. Where parking, stopping, or standing may cause undue damage to any portion of the highway or right of way maintained by VDOT.

4. Potential for obstruction. Where parking, stopping, or standing obstructs the actions required by VDOT for operating, maintaining, or constructing the highway or right of way.

24VAC30-640-30. Signs.

A. Any restriction or prohibition on parking, stopping, or standing pursuant to 24VAC30-640-20 shall be indicated by signs erected in the area of the restriction or prohibition.

B. All signs erected in accordance with this section shall conform in content, location, and design with the uniform standards for traffic control devices established by the commissioner pursuant to § 46.2-830 of the Code of Virginia.

24VAC30-640-40. Enforcement.

A. Any vehicle parked, stopped, or standing in violation of this chapter may be issued a citation by an appropriate law-enforcement officer for a traffic infraction and shall be subject to penalties set in accordance with § 46.2-113 of the Code of Virginia and the Rules of the Supreme Court of Virginia.

B. Citations issued under the provisions of this chapter that are uncontested shall be paid to the administrative official appointed under the provisions of § 46.2-1227 of the Code of Virginia in the locality in which the part of the highway lies, or for any locality where there is no such appointed administrative official, the citations shall be paid to the local treasurer, who shall promptly pay them into the general fund of the state treasury.

C. Citations issued under the provisions of this section that are contested or delinquent shall be certified or a complaint, summons, or warrant shall be issued as provided in § 46.2-1225 of the Code of Virginia to the general district court in whose jurisdiction the part of the highway lies. Any sums collected by such court minus court costs shall be promptly paid by the clerk into the general fund of the state treasury.

24VAC30-640-50. Exceptions and authority of localities.

A. Any restriction or prohibition on parking pursuant to this chapter shall not apply to law-enforcement vehicles, emergency vehicles, and VDOT vehicles being operated in the performance of the operator's official duties.

B. Nothing in this chapter shall be construed so as to infringe on locality authority to regulate or prohibit parking in accordance with the Code of Virginia.

C. Nothing in this chapter shall be construed so as to infringe on the authority of any board of visitors or other governing body of an educational institution relating to parking on property owned by the institution in accordance with the Code of Virginia.

D. Nothing in this chapter shall be construed so as to infringe on the authority of the State Board of Behavioral Health and Developmental Services relating to parking on property owned by the Department of Behavioral Health and Developmental Services in accordance with the Code of Virginia.

E. Notwithstanding the provisions of 24VAC30-640-30, no signs shall be required to be posted at the locations specified in § 46.2-1239 of the Code of Virginia. The provisions of § 46.2-1239 shall be valid and enforceable whether or not signs are placed prohibiting or restricting parking at those locations.