VA Dooring Bill Questions

[bobco85]

I have questions regarding the newly passed (yay!) dooring bill in Virginia (goes into effect July 1, 2016) and was wondering what everyone thinks. First, for reference, here is the text of the bill as found here https://lis.virginia.gov/cgi-bin/leg…61+ful+SB117ER

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 46.2-818.1 as follows:

§ 46.2-818.1. Opening and closing motor vehicle doors; penalty.

No operator shall open the door of a parked motor vehicle on the side adjacent to moving vehicular traffic unless it is reasonably safe to do so.

A violation of this section shall constitute a traffic infraction punishable by a fine of not more than $50. No demerit points shall be awarded by the Commissioner for a violation of this section.

The provisions of this section shall not apply to any law-enforcement officer, firefighter, or emergency medical services personnel engaged in the performance of his duties.

My question is this: What constitutes being parked? More specifically, would a driver making a drop-off/pick-up be considered as having parked?

My concern is that this bill only covers drivers that have parked and turned their motors off. This would ignore dooring situations like a driver performing a drop-off/pick-up without parking their vehicle and the passenger opening a door into traffic as a cyclist approaches.

Another question brought up by this: Do protected bike lanes count as being “on the side adjacent to moving vehicular traffic”? Bicycles are considered vehicles in Virginia, but protected bike lanes would likely be on the right (passenger) side of the vehicle.

I’m curious to see how this law will be applied and/or enforced.

Topic

[scoot]

Excellent questions. I suspect the text of the law will preclude application to any vehicle with an engine running. I don’t know about the second question. Unfortunately it usually takes an incident before the courts weigh in on such matters.

This is a $50 fine for an offense that could kill someone. The bill may be a tiny step in the right direction, but I will continue to stay out of door zones. On either side.

[lordofthemark]

@bobco85 138285 wrote:

I have questions regarding the newly passed (yay!) dooring bill in Virginia (goes into effect July 1, 2016) and was wondering what everyone thinks. First, for reference, here is the text of the bill as found here https://lis.virginia.gov/cgi-bin/leg…61+ful+SB117ER

My question is this: What constitutes being parked? More specifically, would a driver making a drop-off/pick-up be considered as having parked?

My concern is that this bill only covers drivers that have parked and turned their motors off. This would ignore dooring situations like a driver performing a drop-off/pick-up without parking their vehicle and the passenger opening a door into traffic as a cyclist approaches.

Another question brought up by this: Do protected bike lanes count as being “on the side adjacent to moving vehicular traffic”? Bicycles are considered vehicles in Virginia, but protected bike lanes would likely be on the right (passenger) side of the vehicle.

I’m curious to see how this law will be applied and/or enforced.

Maybe I am reading it wrong, but it seems to apply only to the operator, not to passengers. Ergo a passenger opening the door when being dropped off, or opening into the PBL (to the right of the vehicle) would not be covered anyway.

I think the “on the side adjacent to moving vehicle” basically protects someone parked on the left hand side of a one way street who opens the driver side door and doors a sidewalk rider.

[lordofthemark]

@scoot 138291 wrote:

Excellent questions. I suspect the text of the law will preclude application to any vehicle with an engine running. I don’t know about the second question. Unfortunately it usually takes an incident before the courts weigh in on such matters.

This is a $50 fine for an offense that could kill someone. The bill may be a tiny step in the right direction, but I will continue to stay out of door zones. On either side.

The fine for driving while talking on a cellphone in Virginia is zero, AFAIK, and that could kill you too.

[Tim Kelley]

@scoot 138291 wrote:

This is a $50 fine for an offense that could kill someone. The bill may be a tiny step in the right direction, but I will continue to stay out of door zones.

Don’t forget the insurance angle…

[AFHokie]

@lordofthemark 138293 wrote:

Maybe I am reading it wrong, but it seems to apply only to the operator, not to passengers. Ergo a passenger opening the door when being dropped off, or opening into the PBL (to the right of the vehicle) would not be covered anyway.

I think the “on the side adjacent to moving vehicle” basically protects someone parked on the left hand side of a one way street who opens the driver side door and doors a sidewalk rider.

Woild drivers be responsible for passengers? I believe they are for seat belt laws, etc. I’m assuming a similar determination for passengers who door a cyclist.

Sent from my SAMSUNG-SM-G930AZ using Tapatalk

[bobco85]

One thing I didn’t thoroughly consider until reading a few of the responses: this dooring bill only protects from certain instances of dooring. I guess I had assumed that it would apply to all situations where dooring could occur, but the text of the bill does not appear to reflect that which leaves the pickup/dropoff at the bike lane dooring situation as unenforceable.

Now, I’m still wondering about the not-likely-but-totally-possible-given-how-people-park-around-here situation where a vehicle is parked next to a protected bike lane (let’s say Eads St) a little too far to the right (closer to the bike lane). Someone opens a passenger side door which goes right into the bike lane and doors a cyclist. The car is parked, but the vehicular traffic side is to the left. Does the bill apply here? Would bicycles count as vehicles?

[Sunyata]

@bobco85 138298 wrote:

Now, I’m still wondering about the not-likely-but-totally-possible-given-how-people-park-around-here situation where a vehicle is parked next to a protected bike lane (let’s say Eads St) a little too far to the right (closer to the bike lane). Someone opens a passenger side door which goes right into the bike lane and doors a cyclist. The car is parked, but the vehicular traffic side is to the left. Does the bill apply here? Would bicycles count as vehicles?

Approved April 1, 2016
Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 46.2-818.1 as follows:

§ 46.2-818.1. Opening and closing motor vehicle doors; penalty.

No operator shall open the door of a parked motor vehicle on the side adjacent to moving vehicular traffic unless it is reasonably safe to do so.

A violation of this section shall constitute a traffic infraction punishable by a fine of not more than $50. No demerit points shall be awarded by the Commissioner for a violation of this section.

The provisions of this section shall not apply to any law-enforcement officer, firefighter, or emergency medical services personnel engaged in the performance of his duties.

Here is my interpretation of the bill as written (from an enforcement standpoint, not from a legislative or judicial one):
Operator = driver of the vehicle, not passengers
Parked = vehicle that is stopped with the transmission in park or neutral
Moving Vehicular Traffic = any vehicle in an approved lane of travel (which includes bicycles in protected bike lanes)

I was frustrated that the law did not include passengers or “stopped” motor vehicles, which would include the pickup/drop off situations as well. But hey… Baby steps.

[mstone]

I see no need to specify the state of the vehicle at all–the door shouldn’t be opened into someone’s path whether it’s parked, stopped, moving, or flying. Just drop the word, problem solved. Nor should it specify “operator”: “occupant” or “person” would be preferable.

Mostly I think this is a vestige of VA’s ridiculous 18th century legislature, which requires cramming all the bills into a few days a year without reading them or facilitating much review.

[DCAKen]

Is it the operator of the vehicle or the operator of the door?

[Author]

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