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SB435 • 2026

Lane filtering; motorcycles, penalty, delayed effective date.

A BILL to amend the Code of Virginia by adding a section numbered 46.2-838.1, relating to lane filtering; motorcycles; penalty.

Education
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Bagby
Last action
2026-03-10
Official status
Failed
Effective date
Not listed

Plain English Breakdown

The bill summary and text do not provide specific details on how the education campaign will be implemented or what exactly constitutes 'ordinary care'.

Motorcycle Lane Filtering and Penalties

This bill allows motorcycle riders to pass stopped or slow-moving vehicles in the same lane under certain conditions and imposes penalties for impeding them.

What This Bill Does

  • Allows motorcycle operators to pass another vehicle that is stopped or traveling at no more than 10 miles per hour if there are at least two lanes of travel going each way, provided they do not exceed a speed of 20 mph when passing and execute the maneuver with ordinary care.
  • Makes it illegal for drivers to intentionally impede motorcycles from lane filtering and sets the penalty as a $300 fine.
  • Requires the Commissioner of the Department of Motor Vehicles to implement an education campaign about motorcycle lane filtering.

Who It Names or Affects

  • Motorcycle riders who want to pass stopped or slow-moving vehicles in the same lane.
  • Drivers who might impede motorcycles from passing safely.

Terms To Know

lane filtering
Passing another vehicle that is stopped or moving slowly while staying in the same lane.
ordinary care
Taking reasonable precautions to avoid harm when performing an action.

Limits and Unknowns

  • The bill does not specify what happens if a motorcycle passes a stopped school bus.
  • It only applies after July 1, 2027, when it becomes effective.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SB435ASC1

2026-01-22 • Committee

Transportation Amendment

Plain English: The amendment changes the wording in a bill about motorcycle lane filtering to require riders to perform actions with ordinary care instead of safely.

  • Changes the requirement for motorcycle lane filtering from 'safely' to 'with ordinary care'.
  • It is unclear what specific changes this wording change will bring in practice.
SB435AS1

2026-01-27 • Committee

Transportation Amendment

Plain English: The amendment changes the wording of a new motorcycle lane filtering law to require riders to perform actions with ordinary care instead of safely.

  • Changes the requirement for motorcycle lane filtering from 'safely' to 'with ordinary care'.
  • It is unclear how this change will affect the interpretation and enforcement of the new law.

Bill History

  1. 2026-03-10 House

    Left in Transportation

  2. 2026-03-04 Highway Safety and Policy

    Subcommittee recommends laying on the table (8-Y 0-N 1-A)

  3. 2026-02-20 Highway Safety and Policy

    Assigned HTRAN sub: Highway Safety and Policy

  4. 2026-02-09 Senate

    Fiscal Impact Statement from Department of Planning and Budget (SB435)

  5. 2026-02-04 House

    Placed on Calendar

  6. 2026-02-04 House

    Read first time

  7. 2026-02-04 Transportation

    Referred to Committee on Transportation

  8. 2026-01-28 Senate

    Read third time and passed Senate (32-Y 8-N 0-A)

  9. 2026-01-27 Senate

    Read second time

  10. 2026-01-27 Senate

    Engrossed by Senate as amended

  11. 2026-01-27 Transportation

    Transportation Amendment agreed to

  12. 2026-01-27 Senate

    Engrossed by Senate as amended (Voice Vote)

  13. 2026-01-26 Senate

    Constitutional reading dispensed (on 1st reading)

  14. 2026-01-26 Senate

    Read first time

  15. 2026-01-26 Senate

    Passed by for the day

  16. 2026-01-26 Senate

    Passed by for the day

  17. 2026-01-26 Senate

    Constitutional reading dispensed Block Vote (on 1st reading) (38-Y 0-N 0-A)

  18. 2026-01-26 Senate

    Passed by for the day Block Vote (Voice Vote)

  19. 2026-01-22 Transportation

    Reported from Transportation with amendment (12-Y 3-N)

  20. 2026-01-22 Senate

    Senate committee offered

  21. 2026-01-13 Senate

    Prefiled and ordered printed; Offered 01-14-2026 26100898D

  22. 2026-01-13 Transportation

    Referred to Committee on Transportation

Official Summary Text

Lane filtering; motorcycles; penalty.
Authorizes the operator of a two-wheeled motorcycle to pass another vehicle that is stopped or traveling at no more than 10 miles per hour in the same lane or on the shoulder, provided that there are at least two lanes of travel in each direction, such motorcycle does not exceed a speed of 20 miles per hour, and the operator executes such passing with ordinary care. The bill makes intentionally impeding or attempting to impede the operator of a motorcycle from lawfully engaging in lane filtering a traffic infraction punishable by a fine of $300. The bill requires the Commissioner of the Department of Motor Vehicles to implement a statewide education campaign to alert drivers and the public that motorcycles may lawfully engage in lane filtering. The bill has a delayed effective date of July 1, 2027.

Current Bill Text

Read the full stored bill text
A BILL to amend the Code of Virginia by adding a section numbered
46.2-838.1
, relating to lane filtering; motorcycles; penalty.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered
46.2-838.1
as follows:
§
46.2-838.1
. Lane filtering; motorcycles; impeding prohibited; penalty.
A. For the purposes of this section, "lane filtering" means the act of overtaking and passing another vehicle that is stopped or traveling at a speed not in excess of 10 miles per hour in the same direction of travel while in the same lane as such vehicle or on the shoulder.
B. An operator of a two-wheeled motorcycle may engage in lane filtering when:
1. The operator is on a divided highway with at least two lanes of travel in each direction;
2. The overtaking motorcycle is not operated at a speed in excess of 20 miles per hour when overtaking the stopped or slow-moving vehicle; and
3. Such lane filtering may be performed
[

safely

with ordinary care
]

.
C. No operator of a motor vehicle shall intentionally impede or attempt to impede the operator of a motorcycle from lawfully engaging in lane filtering as authorized by subsection B. A violation of this subsection is a traffic infraction punishable by a fine of $300.
D. The Commissioner shall implement a statewide education campaign to alert drivers and the public that motorcycles may lawfully engage in lane filtering.
E. Nothing in this section shall (i) prohibit passing otherwise authorized pursuant to this chapter or (ii) authorize the passing of a stopped school bus as prohibited in §§
46.2-844
and
46.2-859
.
2. That the provisions of this act shall become effective on July 1, 2027.