- $25 fine for violation
- Takes effect July 1, 2022
- EV charging space must be clearly marked
- No violation unless the sign includes: “PENALTY, UP TO $25”
- Plug-in vehicle “that is not in the process of charging” violates the law
Virginia lawmakers passed a bill earlier this year that creates a prohibition and a civil penalty for certain vehicles parked in spaces reserved for charging electric vehicles. The law goes into effect today.
To be enforced, the Virginia “anti-ICEing” law requires that the parking space adjacent to an electric vehicle charging station be clearly marked as reserved for charging electric vehicles. Additionally, the sign indicating that the space is reserved for charging electric vehicles must include the following language: “PENALTY, UP TO $25.”
The highly-specific signage requirements detailed in many state and local anti-ICEing laws are often not understood by EV drivers. The police will not be able to enforce these laws, including in Virginia, if the charging space is not designated by signs that meet the criteria in the law. In other words, if there are no signs, there can be no fines.
I’ve learned from years of experience advocating for EV drivers that it is relatively easy to pass an anti-ICEing law. It’s a much greater challenge to convince EV charging operators and site hosts to post the special signs that allow the laws to be enforced.
Eight years ago, I approached my local County Council representative to propose an anti-ICEing ordinance. The Howard County, Maryland Council Bill 36-2014 subsequently passed and went into effect on September 29, 2014. That was the easy part.
The main reason I wanted the ordinance was because publicly-funded EV charging stations on property owned by the Columbia Association were chronically being blocked by gas vehicles. When I contacted Columbia Association, they said that they would not do anything about the problem unless there was a law against it.
After the Howard County ordinance passed, I approached the Columbia Association again to ask that they post enforceable signs. To make a long story short, it took another two years and a lot of effort to finally convince them to post enforceable signs. [Signs Posted at Columbia Association EV Charging Stations]
Colorado EV drivers worked to get a statewide anti-ICEing law passed in 2019. When Colorado HB 1298 passed, Tesla indicated their support for the legislation via the following Tweet.
Despite that tweet, Tesla has not yet posted the signs required for enforcement at Colorado Superchargers. EVgo has not posted the Colorado signs either as far as I am aware.
Electrify America is doing an excellent job making sure that their charging sites have signs that are compliant with the anti-ICEing law, not just in Colorado, but other jurisdictions including Howard County, Maryland. [Electrify America Posts Enforceable Signs in Columbia, MD]
In order to provide some accountability to EV charging providers and site hosts and to bring this issue to light for the EV driver community, I’ve created a map of Virginia to be populated with pins to indicate the EV charging stations that are posted in accordance with the Virginia anti-ICEing law. Please reach out to @PlugInSites if you have any sites to add to the map.
Here is the text of the law:
Virginia § 46.2-1219.3. Parking of vehicles in parking spaces reserved for charging electric vehicles; civil penalties.
A. It shall constitute a traffic infraction for any person to park a vehicle that (i) is not a plug-in electric motor vehicle, as defined in § 56-1, or (ii) is a plug-in electric motor vehicle, as defined in § 56-1, that is not in the process of charging in a parking space adjacent to an electric vehicle charging station that is clearly marked as reserved for charging plug-in electric motor vehicles. A violation of this subsection is subject to a civil penalty of not more than $25.
B. No civil penalty shall be imposed pursuant to the provisions of this section or any local ordinance adopted pursuant to this section unless the parking space reserved for charging plug-in electric motor vehicles has a sign that includes the following language: “PENALTY, UP TO $25.” Such language may be placed on a separate sign and attached below any sign indicating that the space is reserved for charging plug-in electric motor vehicles. In the case of a local ordinance adopted pursuant to subsection C, the sign shall indicate the amount of the civil penalty if such ordinance imposes a civil penalty.
C. The governing body of any county, city, or town may adopt an ordinance not inconsistent with the provisions of this section. The civil penalty for violating any such ordinance shall not exceed the civil penalties provided in subsection A.
D. In the prosecution of an offense established under this section, prima facie evidence that the vehicle described in the summons issued pursuant to this section was parked in violation of this section, together with proof that the defendant was at the time of such violation the owner, lessee, or renter of the vehicle, shall constitute in evidence a rebuttable presumption that such owner, lessee, or renter of the vehicle was the person who committed the violation. A violation of this section may be charged on the uniform traffic summons form.
Legislation Reference – Reserved Parking for Plug-In Vehicle Charging
Maryland Anti-ICEing Law Sign Requirements
Maryland to Penalize EV Drivers Who Are Not Plugged In
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