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Sunday, December 29, 2013

Two Bills of Interest to Virginia Motorcyclists

Two Bills of Interest to Virginia Motorcyclists Filed Yesterday

December 28, 2013
Two bills were filed yesterday that, while not directly aimed at motorcyclists, certainly should be of interest to all of us.  Both of these bills were filed by Delegate Danny Marshall, who represents the Danville area.  VCOM will be watching both closely.

The first is bill is HB 211.  It requires motor vehicle liability insurance policies to include coverage for inconvenience incurred by a party whose motor vehicle has been rendered inoperable due to the negligence of another driver.  The bill would require a minimum of $10,000 in coverage for such damage.  The bill defines inconvenience as follows:

Inconvenience" means any reasonable pecuniary expense, including the costs of renting a car or obtaining alternate means of transportation and of lost wages resulting from work missed while arranging for repair of the third person's motor vehicle, that is incurred during the period the third person's motor vehicle is inoperable, by a third party in the course of dealing with disruptions in the normal routine of the third party's life activities as a result of a collision (i) involving the insured motor vehicle and a motor vehicle owned by the third party, (ii) resulting from negligence in the operation or use of the insured motor vehicle by the named insured or by any other person using or responsible for the use of the insured motor vehicle with the expressed or implied consent of the named insured, and (iii) that renders the third party's motor vehicle inoperable.

The bill is a double edged sword for all of us.  On one hand the bill makes clear that if someone renders your motorcycle (or any other motor vehicle) inoperable then their insurance must not only pay to replace or repair it, they must pay for the other costs that you incur due to it being inoperable.  On the other hand, it will require each of us to carry this additional insurance.  I would imagine that some on this list will support this measure while others will oppose it.  That split in support may depend on whether you have had to deal with the headaches associated with someone damaging your vehicle and rendering it inoperable.   I will follow up with any additional news on this bill as it makes its way through the legislative process.

If you wish to follow the progress of this bill you may do so at http://lis.virginia.gov/cgi-bin/legp604.exe?141+sum+HB211

If you wish to read the full text of the bill you may do so at http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB211

The other bill is HB 212 which was also filed by Delegate Danny Marshall.  Since distracted driving is a concern for all motorcyclists we have included this on our list of bills to watch.  The bill would make it unlawful to drive while holding a pet.

I am guessing that this bill was introduced as a result of someone being in a crash in the Danville area where the other driver was holding a pet.  Regardless of how you feel about this bill, it will be interesting to watch its progress given how well received other distracted driving bills have been in the Virginia General Assembly.   It took years for texting bills to gain traction despite all of the data showing that it is a legitimate highway threat.  Other common causes of distracted driving which have been identified in recent studies include eating, drinking, smoking, applying makeup, and disciplining your children.  While I have not been able to find data specifically on holding your pet, I can certainly see where it could be a problem.  Especially if your pet is a mastiff.  I will follow up with any additional news on this bill as it makes its way through the legislative process.

If you wish to follow the progress of this bill you may do so at http://lis.virginia.gov/cgi-bin/legp604.exe?141+sum+HB212

If you wish to read the full text of the bill you may do so at http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB212

As always, if you have any questions or comments about any of the above, please do not hesitate to contact me.  In the meantime, I will continue follow up with any future news on these or any other bills of interest to Virginia motorcyclists.

Matt Danielson
McGrath & Danielson
The Motorcycle Law Group
1-800-321-8968
Motorcyclelawgroup.com

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