| Description |
Section 46.2-1223 of the Code of Virginia provides that the Commissioner of Highways may, by regulation, regulate parking on any part of the primary and secondary systems of state highways. However, no such regulation has yet been established. Therefore, this action is to establish a new regulation to address the parking-related issues of concern to the Virginia Department of Transportation (“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. 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.
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| State Authority |
Section 46.2-1223
of the Code of Virginia
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| Federal Authority |
None entered
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| Exempt from APA |
No, changes to this chapter are subject to the Administrative Process Act.
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| Text of Regulation |
Link to Virginia Administrative Code |
| Goals of Regulation |
The Virginia Department of Transportation 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.
The Virginia Department of Transportation (VDOT) is seeking comments on this regulation, including but not limited to: ideas to be considered in the development of this regulation, the costs and benefits of the alternatives stated in this background document or other alternatives, and the potential impacts of the regulation. Also, the agency is seeking information on impacts on small businesses as defined in § 2.2-4007.1 of the Code of Virginia. Information may include: 1) projected reporting, recordkeeping, and other administrative costs; 2) the probable effect of the regulation on affected small businesses; and 3) the description of less intrusive or costly alternatives for achieving the purpose of the regulation.
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| Meetings |
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