Final Virginia Motorcycle Legislative Update February 24, 2015

For our purposes, we are now through the legislative session.  Both HB 1700 and SB 836 have passed both chambers of the General Assembly and are on their way to the Governor’s desk to be signed into law.  Both bills will become law as of July 1st of this year.  Let’s re-cap what each of these bills mean to Virginia motorcyclists. HB 1700 started out as a bill with two purposes.  The first was to allow the LED type of auxiliary lighting on motorcycles in order to improve side visibility.  The second was to eliminate the five second limitation that a motorcycle brake light may modulate.  Due to strong opposition from the State Police, the language concerning auxiliary lighting was stripped from the bill with instruction from legislators who appeared sympathetic to our objective for VCOM and the State Police to work on language for next year that is acceptable to both organizations.  The language concerning brake lights on motorcycles survived and will become law on July 1st of this year.  Current code states that a motorcycle brake light may modulate for up to five seconds when the brake is applied, but after that it must burn steady.  Unfortunately, a motorcycle with a smaller brake light can blend into the brake lights of larger motor vehicles in front of it, thus camouflaging the motorcycle from vehicles approaching from the rear.  Allowing the brake light to continue to modulate while the brake is engaged makes the motorcycle more conspicuous and more likely to be seen by drivers approaching from the rear.  Virginia motorcyclists will now be afforded the right to have that protection. SB 836 allows motorcyclists to stand on both footrests under certain circumstances.  Under current law, a motorcyclist must ride only upon the permanently attached seat.  This is contrary to what is taught throughout the Commonwealth of Virginia in the Basic Rider Course.  The BRC teaches that it is appropriate to stand on the footrests when crossing obstacles such as railroad tracks and potholes.  The problem is that motorcyclists have been receiving tickets for doing exactly what they were taught to do.  SB 836 corrects that problem. As of July 1st of this year, motorcyclists will be allowed to stand on their foot rests when safety dictates.  VCOM attempted to pass broader language to simply allow the practice under any circumstance, but that attempt met with strong resistance in the Senate Transportation Committee. With this change in the law, the question may arise as to who decides when safety dictates standing on the foot rests.  VCOM’s position is that the rider should make that decision.  We will watch to see how this change iis received by law enforcement.  If any rider receives a citation for standing on their foot rests, please contact me and we will represent you in court at no cost.  Our hope is that this change will rectify the problem, but if it persists, we will go back to the General Assembly with additional ammunition to seek further changes.   As always if anyone has any questions or comments about either of these bills, or about any other matters concerning laws affecting motorcyclists, please feel free to contact me. Matt Danielson McGrath & Danielson Tom McGrath's Motorcycle Law Group 1-800-321-8968 Motorcyclelawgroup.com

Rider Training & Education Contributes Little to Motorcycle Safety (So Says Our Safety Experts) February 17, 1015

Many groups which are considered reputable within the highway safety community have taken the position that motorcycle rider training and education contributes little to motorcycle safety.  No you did not read that wrong.  It is their position that rider education does not have a discernable impact on motorcycle safety, and that universal helmet laws are the only reliable method of reducing motorcycle fatalities.  Do not take my word for it.  Here is what the experts have to say: “While basic rider courses teach important skills, the effectiveness of training as a safety countermeasure to reduce motorcycle crashes is unclear” (Traffic Safety Facts, National Highway Traffic Safety Administration - March, 2010) “There is no scientific evidence that motorcycle rider training reduces crash risk and is an adequate substitute for an all-rider helmet law” (Lethal Loopholes, Advocates for Highway & Auto Safety - January 2015) “Laws requiring all motorcyclists to wear helmets are the only strategy proved to be effective in reducing motorcyclist fatalities”.  (MOTORCYCLE SAFETY: Increasing Federal Funding Flexibility and Identifying Research Priorities Would Help Support States' Safety Efforts, U.S. Government Accountability Office - November, 2012) “Helmets are the only safety measure proven to save lives” (Motorcycle safety – How to Save Lives and Save Money, Center for Disease Control and Prevention – June 2012) Before I start to get the angry emails concerning the value of motorcycle helmets, let me be clear that my purpose in writing this has nothing to do with riders wearing or not wearing motorcycle helmets.  My purpose is to question a position shared by many within the highway safety community that dismisses the value of rider education.  In my opinion this position is at best illogical, and at worst dangerous. Let me use my oldest daughter as an example.  She is twelve years old and loves motorcycles. She can’t wait until she is old enough to get her license.  According to groups such as the Advocates for Highway & Auto Safety and the CDC, if I had to choose between having trained instructors teach her how to operate her motorcycle competently and defensively or putting a helmet on her head and sending her down the road, I should choose the latter.  According to them, rider training and education is not a safety measure proven to save lives. Admittedly, the previous scenario is not based on any researched data.  It is meant to demonstrate the flawed logic of the position that only universal helmet laws impact motorcycle safety, and that rider education is of little to no value.  However, we can and should look at the available data in considering the value of rider training and education. According to the latest information published by the National Highway Traffic and Safety Administration (NHTSA), between 2005 and 2012, motorcycle registrations increased nationwide from 6,227,146 to 8,454,939.  In 2005 there were 73.48 motorcycle fatalities per 100,000 registered motorcycles.  By 2012 that rate had steadily dropped to 58.63.  That means that between 2005 and 2012, motorcycle registrations increased 36% nationwide while fatality rates per 100,000 registered motorcycles decreased 20%.  That is a significant and sustained decrease in fatalities in proportion to registered motorcycles. We see an even more drastic drop in motorcycle fatalities when they are measured against vehicle miles traveled.  According to NHTSA, motorcycle vehicle miles traveled increased from 10,454,000 to 21,298,000 between 2005 and 2012.  In 2005 the motorcycle fatality rate per 100 million vehicle miles traveled was 43.77.  By 2012 that number had decreased to 23.27.  That means that between 2005 and 2012, motorcycle vehicle miles traveled increased 104% while motorcycle fatalities per 100 million vehicle miles traveled decreased 47%. What could explain this massive improvement in motorcycle safety from 2005 to 2012?  We know that during that time frame there was an increased emphasis on rider training and education.  More motorcycle training sites were opened.  More rider training coaches were certified.  More riders took courses.  Currently, forty-seven states have state legislated motorcycle training programs in place; the other three have private training facilities.  We also know that more public and private organizations launched motorcycle awareness and “share the road” campaigns during this period. There is another important fact to consider in questioning the position espoused by groups such as the Advocates for Highway & Auto Safety and the CDC.  Between 2005 and 2012 not a single state adopted a universal motorcycle helmet law.  In fact, in May of 2012 Michigan repealed its universal helmet law.  It is simply illogical to argue that universal helmet laws are the only proven safety measure when it comes to motorcycling.  They certainly had nothing to do with the proportional decline in motorcycle fatalities between 2005 and 2012.  No one will convince me that rider training and education did not play a significant role in that decline. Rider education and training focuses on avoiding a crash rather than merely surviving one.  Regardless of the effectiveness of any piece of gear, there is no such thing as a safe crash.  The only safe crash is the one that does not occur.  That is precisely the goal of training and education, to keep the crashes from occurring in the first place. I will conclude by doing something that I have done in the past, but not often enough.  I want to thank every instructor that gives up weekends and evenings in order to teach both new and experienced motorcyclists the skills necessary to safely and competently operate a motorcycle.  You make the roads safer for all of us.  I want to thank every person who has taken part in a motorcycle awareness or share the road campaign.  You are making a difference.  You are saving lives.  For me this thank you is especially personal.  After all, the life you save may be my daughter’s. Matt Danielson McGrath & Danielson The Motorcycle Law Group 1-800-321-8968 Motorcyclelawgroup.com

Motorcycle Legislative Update February 11, 2015

We are now half way through the legislative session.  Today is the first day of crossover at the Virginia General Assembly.  That means that the Senate may only consider bills (other than the budget bill) that have passed out of the House of Delegates, and the House may only consider those (again, other than the budget bill) that have passed out of the Senate.  That means that HB 1700 is now in the Senate, and SB 836 is now in the House. HB 1700, which eliminates the five second limitation that a motorcycle brake light may modulate, has been assigned to the Senate Transportation Committee.  Current code states that a motorcycle brake light may modulate for up to five seconds when the brake is applied.  After that it must burn steady.  Unfortunately, a motorcycle with a smaller brake light can blend into the brake lights of larger motor vehicles in front of it, thus camouflaging the motorcycle from vehicles approaching from the rear.  Allowing the brake light to continue to modulate while the brake is engaged makes the motorcycle more conspicuous and more likely to be seen by drivers approaching from the rear. This bill came out of the House of Delegates on a unanimous vote.  It does not have any opposition.  As such, VCOM’s strategy is to let this bill fly under the radar.  We will be at the committee meeting to answer any questions that may come up, but other than that we are going to stay out of the way. SB 836 went to the House Transportation Committee and has been assigned to Subcommittee # 3.  This is a favorable subcommittee comprised of members who have historically been friendly to motorcycling issues.  SB 836 allows motorcyclists to stand on both footrests under certain circumstances.  Under current law, a motorcyclist must ride only upon the permanently attached seat.  This is contrary to what is taught throughout the Commonwealth of Virginia in the Basic Rider Course.  The BRC teaches that it is appropriate to stand on the footrests when crossing obstacles such as railroad tracks and potholes.  The problem is that motorcyclists have been receiving tickets for doing exactly what they were taught to do.  SB 836 attempts to correct that problem. This bill came out of the Senate 34 - 4.  As such VCOM is taking a similar approach to that of HB 1700.  While we will be at the subcommittee meeting with materials from the BRC in order to answer any questions, we feel that we have put this bill in a position to survive any challenges, However unlikely, that it may face. As always if anyone has any questions or comments about either of these bills, or about any other matters concerning laws affecting motorcyclists, please feel free to contact me.  We will continue to send updates on both of these bills.   Matt Danielson McGrath & Danielson Tom McGrath's Motorcycle Law Group 1-800-321-8968 Motorcyclelawgroup.com

Motorcycle Auxiliary Light Bill Update February 2, 2015

HB 1700 was heard in sub-committee this morning.  The bill, as of this morning, did two things.  It allowed motorcyclists to add LED type auxiliary lights to their motorcycles in order to increase visibility.  It also eliminated the five second limitation on the amount of time that a motorcycle brake light may modulate. For several weeks we (VCOM) have been battling opposition from the Virginia State Police.  Their main concern is the fact that the lights in question are not SAE (Society of Automotive Engineers) approved.  Current Virginia Code requires that any lights added to a motor vehicle be approved by the Superintendent of State Police or meet or exceed the standards and specifications of the Society of Automotive Engineers, the American National Standards Institute, or the federal Department of Transportation. There was much discussion and debate between sub-committee members, State Police, and VCOM concerning this topic.  In the end, while it became clear that the sub-committee was not prepared to pass the bill along in its current form, there was agreement among all that; 1) none of the above entities actually approve lighting, and; 2) perhaps lighting technology has created a situation where strict adherence to the standards no longer makes sense in all situations.  With VCOM’s tepid assent, the bill was amended to strike the language concerning auxiliary lighting.  The sub-committee instructed VCOM and the State Police to meet this year to work out language to bring to them next session.  Both parties have agreed to do that. Before the emails start flooding in about agreeing to the amendment, please allow me to explain our reasoning.  The bill was not going to pass.  If it failed to pass then the language removing the time limitation on modulating brake lights would have failed as well.  By agreeing to the amendment we were able to save that portion of the bill which we consider to be an important safety measure as well.  It should also be noted that this morning’s meeting represented two “firsts”.  This is the first time that the Virginia State Police have indicated a willingness to consider language allowing auxiliary lighting.  It is also the first time that we have had legislators agree that it may be appropriate to move beyond the standards.  That’s progress.  Unfortunately, progress comes slow in the Old Dominion. With that being said, HB 1700 is now simply a brake light bill (which, for the record, passed unanimously out of sub-committee).  Current code states that a motorcycle brake light may modulate for up to five seconds when the brake is applied.  After that it must burn steady.  Unfortunately, a motorcycle with a smaller brake light can blend into the brake lights of larger motor vehicles in front of it, thus camouflaging the motorcycle from vehicles approaching from the rear.  Allowing the brake light to continue to modulate while the brake is engaged makes the motorcycle more conspicuous and more likely to be seen by drivers approaching from the rear. HB 1700 now goes to full committee on a unanimous recommendation from the sub-committee.  VCOM’s strategy at this point is to step aside and allow momentum to carry the bill through full committee and on to the full House of Delegates.  Sometimes it is best not to draw attention to a bill that has picked up a head of steam and does not seem to have opposition.  In the spirit of full disclosure, that strategy does not guarantee success, but it has proven to be the smart play in the past. We will continue to keep you informed about these bills of interest to all Virginia motorcyclists.  Again let me thank each of you who have taken your time stay informed on these issues, and who have remained willing protect the interests of all riders.      Matt Danielson McGrath & Danielson Tom McGrath's Motorcycle Law Group 1-800-321-8968 Motorcyclelawgroup.com

The Third Annual Bikes on the Border  Bristol Virginia  April 10 – 12, 2015

The Third Annual Bikes on the Border will be held April 10 - 12, 2015 in Bristol, Virginia.  The host hotel is the Holiday Inn Bristol Conference Center at 3005 Linden Dr., Bristol, VA 24202.  Room rates are $85.00.  Call 276-466-4100 for reservations and ask for the Bikes on the Border rate.  A block of rooms has been set aside for the conference.  An earlier email had identified Danville, Virginia as the likely venue for this year’s conference; however we were not able to work out satisfactory accommodations in Danville.  We are happy to have been able to do so in Bristol. There is a $25.00 registration fee for the conference.  Registration includes a t-shirt and a ticket to the banquet Saturday night.  Walk-ins are welcome at the conference, but those who register will have guaranteed seating.  Additionally, only registrants will receive a banquet ticket and t-shirt. Registration forms can be found at the following link: http://motorcyclelawgroup.com/wp-content/uploads/2013/01/020315-MLG-BOB-Form.pdf In order to register by mail, send a $25.00 check made payable to McGrath & Danielson, along with a completed registration form to McGrath & Danielson, PO Box 5424, Richmond, VA 23220.  You may also register using PayPal at the following link: http://motorcyclelawgroup.com/bikes-on-the-border/ The actual conference will take place on Saturday, April 11, 2015.  While we are still finalizing the agenda, we know that there will be sessions on the following topics: -           The Constitution and how to make it work for you -           Your bike is wrecked and it’s not your fault.  Now what? -           A roundtable discussion among all attendees on issues of importance to             motorcyclists in your state. Once the agenda has been finalized we will send it out.  We are currently waiting for confirmation from several possible presenters.  In addition to Saturday’s agenda, Sunday, April 12th will feature an accident scene management class.  The class focuses on caring for injured riders at an accident scene and how to do so while maintaining the safety of both the injured and the aiding. This year’s banquet will feature a silent auction and a 50/50 with all proceeds going to the Motorcycle Riders Foundation.  If you have items for the silent auction please contact Rob Griffin at rob@motorcyclelawgroup.com. If you can make the conference, plan to arrive Friday evening for fellowship over a few beverages in the hospitality room.  This year’s hospitality room is being sponsored by the Virginia Bikers Association (VABA).   We hope to see you there and are looking forward to another interesting and productive Bikes on the Border.   Matt Danielson McGrath & Danielson Tom McGrath's Motorcycle Law Group 1-800-321-8968 Motorcyclelawgroup.com