{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/33.2-109.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/33.2-109.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/33.2-109.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/33.2-109.html"}],"law_id":359784,"edition_id":2,"section_id":359784,"structure_id":51474,"section_number":"33.2-109","catch_line":"Policy of the Commonwealth regarding use of highways by motorcycles; discrimination by political subdivisions prohibited","history":"1999, cc. 332, 496, \u00a7 33.1-13.1; 2001, cc. 68, 83; 2014, c. 805.","full_text":"In formulating transportation policy, promulgating regulations, allocating funds, and planning, designing, constructing, equipping, operating, and maintaining transportation facilities, no action of the Board, Commissioner of Highways, or Department shall in any way have the effect of discriminating against motorcycles, motorcycle operators, or motorcycle passengers. No regulation or action of the Board, Commissioner of Highways, or Department shall have the effect of enacting a prohibition or imposing a requirement that applies only to motorcycles or motorcyclists and the principal purpose of which is to restrict or inhibit access of motorcycles and motorcyclists to any highway, bridge, tunnel, or other transportation facility.\n\nThe provisions of this section shall also apply to transportation facilities and projects undertaken or operated by localities and other political subdivisions of the Commonwealth where public funds have been used in whole or in part to plan, design, construct, equip, operate, or maintain the facility or project.\n\n","order_by":null,"text":{"0":{"id":1338670,"text":"In formulating transportation policy, promulgating regulations, allocating funds, and planning, designing, constructing, equipping, operating, and maintaining transportation facilities, no action of the Board, Commissioner of Highways, or Department shall in any way have the effect of discriminating against motorcycles, motorcycle operators, or motorcycle passengers. No regulation or action of the Board, Commissioner of Highways, or Department shall have the effect of enacting a prohibition or imposing a requirement that applies only to motorcycles or motorcyclists and the principal purpose of which is to restrict or inhibit access of motorcycles and motorcyclists to any highway, bridge, tunnel, or other transportation facility.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1338671,"text":"The provisions of this section shall also apply to transportation facilities and projects undertaken or operated by localities and other political subdivisions of the Commonwealth where public funds have been used in whole or in part to plan, design, construct, equip, operate, or maintain the facility or project.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":51474,"edition_id":2,"name":"Definitions and General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":51473,"metadata":{"child_laws":21,"child_structures":0},"date_created":"2026-08-02 02:42:40","date_modified":"2026-08-02 12:32:29","permalink":{"id":1431791,"object_type":"structure","relational_id":51474,"identifier":"1","token":"33.2\/I\/1","url":"\/33.2\/I\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51473,"edition_id":2,"name":"General Provisions and Transportation Entities","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":51472,"metadata":{"child_laws":141,"child_structures":8},"date_created":"2026-08-02 02:42:40","date_modified":"2026-08-02 12:32:29","permalink":{"id":1431789,"object_type":"structure","relational_id":51473,"identifier":"I","token":"33.2\/I","url":"\/33.2\/I\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51472,"edition_id":2,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":77,"parent_id":null,"metadata":{"child_laws":749,"child_structures":88},"date_created":"2026-08-02 02:42:40","date_modified":"2026-08-02 12:32:28","permalink":{"id":1431787,"object_type":"structure","relational_id":51472,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":359738,"structure_id":51474,"section_number":"33.2-100","catch_line":"Definitions","url":"\/33.2-100\/","token":"33.2\/I\/1\/33.2-100","metadata":false},{"id":359749,"structure_id":51474,"section_number":"33.2-101","catch_line":"Governor to waive certain state statutory mandates and regulations to expedite certain highway construction projects","url":"\/33.2-101\/","token":"33.2\/I\/1\/33.2-101","metadata":false},{"id":359760,"structure_id":51474,"section_number":"33.2-102","catch_line":"Authority of cities and towns and certain counties in connection with federal aid","url":"\/33.2-102\/","token":"33.2\/I\/1\/33.2-102","metadata":false},{"id":359773,"structure_id":51474,"section_number":"33.2-103","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/33.2-103\/","token":"33.2\/I\/1\/33.2-103","metadata":false},{"id":359779,"structure_id":51474,"section_number":"33.2-104","catch_line":"English units of measure","url":"\/33.2-104\/","token":"33.2\/I\/1\/33.2-104","metadata":false},{"id":359780,"structure_id":51474,"section_number":"33.2-105","catch_line":"Evidence as to existence of a public highway","url":"\/33.2-105\/","token":"33.2\/I\/1\/33.2-105","metadata":false},{"id":359781,"structure_id":51474,"section_number":"33.2-106","catch_line":"Secretary of Transportation to submit annual report on actions taken to increase transit use, etc","url":"\/33.2-106\/","token":"33.2\/I\/1\/33.2-106","metadata":false},{"id":359782,"structure_id":51474,"section_number":"33.2-107","catch_line":"Secretary of Transportation to conduct periodic examination of process","url":"\/33.2-107\/","token":"33.2\/I\/1\/33.2-107","metadata":false},{"id":359783,"structure_id":51474,"section_number":"33.2-108","catch_line":" Public hearings prior to undertaking projects requested by institutions of higher education","url":"\/33.2-108\/","token":"33.2\/I\/1\/33.2-108","metadata":false},{"id":359784,"structure_id":51474,"section_number":"33.2-109","catch_line":"Policy of the Commonwealth regarding use of highways by motorcycles; discrimination by political subdivisions prohibited","url":"\/33.2-109\/","token":"33.2\/I\/1\/33.2-109","metadata":false},{"id":359785,"structure_id":51474,"section_number":"33.2-110","catch_line":"Gates across private roads; leaving gates open; gates across private roads leading to forestlands; penalties","url":"\/33.2-110\/","token":"33.2\/I\/1\/33.2-110","metadata":false},{"id":359796,"structure_id":51474,"section_number":"33.2-111","catch_line":"Funding and undertaking of pedestrian or bicycle projects apart from highway projects not prohibited","url":"\/33.2-111\/","token":"33.2\/I\/1\/33.2-111","metadata":false},{"id":359800,"structure_id":51474,"section_number":"33.2-112","catch_line":"Sidewalks and walkways for pedestrian traffic","url":"\/33.2-112\/","token":"33.2\/I\/1\/33.2-112","metadata":false},{"id":359801,"structure_id":51474,"section_number":"33.2-113","catch_line":"Contributions by cities or towns towards highway building, bridges, etc","url":"\/33.2-113\/","token":"33.2\/I\/1\/33.2-113","metadata":false},{"id":359802,"structure_id":51474,"section_number":"33.2-114","catch_line":"Virginia Aviation Board and Virginia Port Authority powers","url":"\/33.2-114\/","token":"33.2\/I\/1\/33.2-114","metadata":false},{"id":359803,"structure_id":51474,"section_number":"33.2-115","catch_line":"Department to establish smart transportation pilot zone","url":"\/33.2-115\/","token":"33.2\/I\/1\/33.2-115","metadata":false},{"id":359804,"structure_id":51474,"section_number":"33.2-116","catch_line":"Statewide transportation technology programs to incorporate new technologies and innovations in transportation","url":"\/33.2-116\/","token":"33.2\/I\/1\/33.2-116","metadata":false},{"id":359805,"structure_id":51474,"section_number":"33.2-117","catch_line":"Statutes declaring streams and rivers to be highways continued","url":"\/33.2-117\/","token":"33.2\/I\/1\/33.2-117","metadata":false},{"id":359806,"structure_id":51474,"section_number":"33.2-118","catch_line":"Mobile food vending in commuter lots in Planning District 8","url":"\/33.2-118\/","token":"33.2\/I\/1\/33.2-118","metadata":{"court_decisions":""}},{"id":359807,"structure_id":51474,"section_number":"33.2-119","catch_line":"Limitation on tolling","url":"\/33.2-119\/","token":"33.2\/I\/1\/33.2-119","metadata":false},{"id":359808,"structure_id":51474,"section_number":"33.2-120","catch_line":" Efforts to increase CAFE standards","url":"\/33.2-120\/","token":"33.2\/I\/1\/33.2-120","metadata":false}],"previous_section":{"id":359783,"structure_id":51474,"section_number":"33.2-108","catch_line":" Public hearings prior to undertaking projects requested by institutions of higher education","url":"\/33.2-108\/","token":"33.2\/I\/1\/33.2-108","metadata":false},"next_section":{"id":359785,"structure_id":51474,"section_number":"33.2-110","catch_line":"Gates across private roads; leaving gates open; gates across private roads leading to forestlands; penalties","url":"\/33.2-110\/","token":"33.2\/I\/1\/33.2-110","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-109\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapters 332<\/a> and 496<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2001, chapters 68<\/a> and 83<\/a>; in 2014, chapter 805<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1431829,"object_type":"law","relational_id":359784,"identifier":"33.2-109","token":"33.2\/I\/1\/33.2-109","url":"\/33.2-109\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/33.2-109\/","token":"33.2\/I\/1\/33.2-109","dublin_core":{"Title":"Policy of the Commonwealth regarding use of highways by motorcycles; discrimination by political subdivisions prohibited","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-109","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In formulating transportation policy, promulgating regulations, allocating funds, and planning, designing, constructing, equipping, operating, and maintaining transportation facilities, no action of the Board<\/span>, Commissioner of Highways<\/span>, or Department<\/span> shall in any way have the effect of discriminating against motorcycles, motorcycle operators, or motorcycle passengers. No regulation or action of the Board<\/span>, Commissioner of Highways<\/span>, or Department<\/span> shall have the effect of enacting a prohibition or imposing a requirement that applies only to motorcycles or motorcyclists and the principal purpose of which is to restrict or inhibit access of motorcycles and motorcyclists to any highway<\/span>, bridge, tunnel, or other transportation facility.<\/p>

The provisions of this section shall also apply to transportation facilities and projects undertaken or operated by localities and other political subdivisions of the Commonwealth where public funds have been used in whole or in part to plan, design, construct, equip, operate, or maintain the facility or project.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOLICY OF THE COMMONWEALTH REGARDING USE OF HIGHWAYS BY MOTORCYCLES;\nDISCRIMINATION BY POLITICAL SUBDIVISIONS PROHIBITED (\u00a7 33.2-109)\n\nIn formulating transportation policy, promulgating regulations, allocating\nfunds, and planning, designing, constructing, equipping, operating, and\nmaintaining transportation facilities, no action of the Board, Commissioner of\nHighways, or Department shall in any way have the effect of discriminating\nagainst motorcycles, motorcycle operators, or motorcycle passengers. No\nregulation or action of the Board, Commissioner of Highways, or Department shall\nhave the effect of enacting a prohibition or imposing a requirement that applies\nonly to motorcycles or motorcyclists and the principal purpose of which is to\nrestrict or inhibit access of motorcycles and motorcyclists to any highway,\nbridge, tunnel, or other transportation facility.\n\nThe provisions of this section shall also apply to transportation facilities and\nprojects undertaken or operated by localities and other political subdivisions\nof the Commonwealth where public funds have been used in whole or in part to\nplan, design, construct, equip, operate, or maintain the facility or project.\n\nHISTORY: 1999, cc. 332, 496, \u00a7 33.1-13.1; 2001, cc. 68, 83; 2014, c. 805.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}