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.

Effective Date: August 16, 2023.

Agency Contact: JoAnne P. Maxwell, 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.

Summary:

The 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.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

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.