4th of July Events

-The Academy of Fine Arts July 4th One-Miler takes off at 8 a.m. at Fifth and Commerce streets, Lynchburg. Three races: Red for kids 12 and younger; White for those 40 and older; Blue for those ages 13 to 39. Registration 7 to 7:45 a.m.; $15 on race day. Proceeds benefit the Academy’s visual arts program. Call (434) 846-7449 or visit www.riversiderunners.com.

-Beach music legends the Embers and the bluegrass band Fescue will play, 3 to 8 p.m., at Bernard’s Landing, Smith Mountain Lake. Food, beverages provided. Tickets: $15 per person at the door. Call (540) 721-0017.

-The Blue Ridge Parkway will host a day of picnics, parades and patriotism. Participants can walk to the summit of Sharp Top Mountain at the Peaks of Otter to view the fireworks in towns and cities below. Meet rangers and volunteers at 7 p.m. at the Nature Center (just off Virginia 43 about two blocks from the Visitor Center, milepost 86) for the three-mile walk on the bus road. Bring water, flashlight. Free. Call (540) 586-4496.

-LibertyFest goes on from 5 to 11 p.m. at the Bedford Farmers Market, Centertown. Live music, entertainment from 6:30 to 10:30 p.m. Watch the fireworks show that will launch from the D-Day memorial. Children’s activities, arts and crafts, and The Beer & Wine Café. Admission: $5 per person, children 12 and younger, free. Call (540) 586-2148 or visit www.centertownbedford.com

-Poplar Forest’s Patriotic celebration begins at 1 p.m. Period music by the Itinerant Band; reading of the Declaration of Independence at 1:30 p.m. See “The Spirit of Thomas Jefferson,” a batteau reproduction. View work of visiting artist Gene Villiva of Eugenio. Picnics welcome. Call (434) 525-1806 or visit www.poplarforest.org.

-Red Hill, Brookneal, activities including delivery of Patrick Henry’s famous speech by his sixth great-grandson and post-9 p.m. fireworks. Music by The Overtime Band at 5 p.m. Food available from 3 p.m. Admission: $10 per vehicle (eight or fewer passengers; extra passengers are $2 per person; motorcoaches call in advance). Call (800) 514-7463 or visit www.redhill.org and www.patrickhenry.com.

-The Lynchburg Hillcats will have fireworks following their 7:05 p.m. game at the Lynchburg City Stadium.

Saturday

-Independence Day activities at the Peaks of Otter feature a concert by string band, Breakin’ Nu Ground, 6:30 to 8:30 p.m., amphitheater behind the Visitor Center. Followed by a ranger-led night hike; Bring a flashlight. Free. Call (540) 586-4496.

-A Revolutionary War Tour begins at 10 a.m. at the Old City Cemetery. View the graves of five Revolutionary war soldiers; led by costumed re-enactor. Meet at the Gatehouse, Fourth and Taylor streets. Free. Call (434) 847-1465.

-The Saunders Volunteer Fire Company will present the 2008 Smith Mountain Lake Fireworks Celebration at Parkway Marina. Activities begin at 5:30 p.m. with music by The Worx; also, a car show and the 1954 Carousel. Free admission; parking fee will be charged. Call (540) 297-4412 or visit www.smlfireworks.org.

-The Lynchburg Hillcats will have fireworks following their 6:05 p.m. game at the Lynchburg City Stadium.

I want to make everyone aware of a situation that arose last week.  If you are aware of anyone else who has experienced a similar situation please let me know or have them contact me.

I received a telephone call from a gentleman who was injured in a single vehicle accident.  He freely admitted that he was to blame.  He merely lost control momentarily and went down.  It can happen to the best of us.  His concern was his hospital bill. 

His primary health insurance is Medicare and he has no medical expense coverage on his motorcycle.  When he went to the emergency room he provided the hospital with all of his insurance information.  Last week the hospital sent him a letter which he provided to me.  The letter states in pertinent part the following:

“We are aware that you have Medicare as primary and Mutual of Omaha as secondary insurance, however we cannot bill Medicare for an motorcycle accident.”

Apparently the hospital is under the belief that if you are injured on a motorcycle that Medicare does not and will not cover you.  That is clearly not the case. 

We are assisting him at no charge being that this is of importance to all motorcyclists.  Hopefully this is an isolated incident.  However, many times we see trends in the insurance industry and we want to take care of this one early if that is the case.  If you are anyone that you know has experienced a similar situation please let us know. 

I will let you know the outcome of this incident once it is resolved.  As usual, if anyone has any questions or comments about this or any other matter upon which I have written please feel free to contact me.  Until next time I wish each of you good riding.

 

Matt Danielson

McGrath & Danielson

Tom McGrath's Motorcycle Law Group

1-800-321-8968

Proposed Changes to Virginia Vehicle Definitions & Licensing

Several months ago the chairs of both the House Transportation Committee and the Senate Transportation Committee requested that the DMV form a task force to address Virginia State Code with regard to definitions of various vehicles.  They further asked that the committee make recommendations for the modification of current definitions, or the creation of new definitions as needed.

 

The task force is made up of representatives from the insurance industry, law enforcement, several state agencies, auto dealers, motorcycle dealers, and representatives from the motorcycling community.  Jim Cannon, who is the director of the Virginia Coalition of Motorcyclists and a member of our firm, sits on the committee. 

 

There are several problems with our current law which need to be addressed.  One is that lately there’s been an influx of vehicles that mostly fit many of our definitions but not quite. This creates confusion for all involved with who regulates them, what licensing is required, and whether they even need regulating.  For instance, consider vehicles such as the T-Rex.  The operator sits in a seat, steers with a steering wheel and controls the throttle with his foot.  However since it is originally designed to have three wheels or less in contact with the ground it is a motorcycle under Virginia Code.  Other than having three wheels there is nothing remotely similar in the way one operates a motorcycle and a T-Rex.   Of concern to motorcyclists is the fact that under current law if someone runs off the road on a T-Rex and kills themselves it is considered a motorcycle fatality.  The more motorcycle fatalities that we have the more the General Assembly want to pass regulations restricting motorcyclists. 

 

Another concern is the fact that under current law a person, without taking any type of training course, can hop on a trike and take the test at DMV.  If they pass they get an M endorsement which literally allows them to operate any type of motorcycle. 

 

After numerous meetings (After which Jim said he would have to come home and down a bottle of Advil), the committee has come up with some recommendations.  Remember that these are only recommendations.  They would not become law unless the General Assembly passes them and makes them law.  They also do not necessarily reflect the views of our firm or the Virginia Coalition of Motorcyclists.  They are the recommendations of a committee of many, on which one of our members sits.  It is important that you be familiar with them so that we as motorcyclists can have an opportunity to voice our concerns or support for these recommendations during the General Assembly session. 

 

The first recommendation is to create separate definitions for “three wheeled motorcycles” and “three wheeled automobiles.”  The difference being the controls of the motor vehicle.  If it steers with handlebars and has a hand throttle it would be a motorcycle.  If it has a steering wheel and a foot throttle then it would be an automobile.

 

Because of the suggested definitions the committee also looked at motorcycle licensing. The recommended licensing scenario would adopt 3 classes of motorcycle licenses which would be M3, M2 and M.  M3 would be restricted to the operation of a 3 wheeled motorcycle and would be issued to those who test on a 3 wheeler or take the trike/sidecar course. M2 would be restricted to operation of 2 wheeled motorcycles and issued to those who test on a 2 wheeled motorcycle or take the basic rider course. M would allow riders to operate either a two wheeled motorcycle or a three wheeled motorcycle. It was further recommended that if a rider currently holds an M classification that they not be forced to take a new exam or get re-licensed.  Under the committee recommendation, at the time the law went into effect licensed riders would be asked to self-certify the type of experience that they have.  They would then be licensed accordingly.  Therefore, if you have experience on both two wheeled and three wheeled motorcycles you would certify that you do and you would simply retain your M endorsement.  Only those who obtain their license after the time the proposed law goes into effect would need to test or take the course under the new method. 

 

Finally, the committee continues to look at issues concerning mopeds, scooters, and motor driven cycles. On the surface it seems a simple issue but as they dig into it the more twists and turns it takes. Personally my only concern is that they not be classified as motorcycles.  Jim has been strongly lobbying against that happening.  Again it is an issue of injury and fatality statistics.  We do not want them artificially inflated by moped, scooter and motor driven cycle riders. 

 

As always if anyone has any questions or concerns about anything that I have written please feel free to contact me.  I will continue to provide updates on this issue as they become available.  It is important that we as motorcyclists have a voice in our licensing procedures and in the methods by which our vehicles are regulated. 

 

Matt Danielson

McGrath & Danielson

Tom McGrath's Motorcycle Law Group