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Saturday, January 20, 2018

2018 Legislative Update

Virginia Coalition of Motorcyclists 2018 Legislative Update

January 17, 2018
The website for the Virginia Coalition of Motorcyclists (VCOM) has been updated to show the current list of bills pending before the Virginia General Assembly which would potentially affect motorcyclists if they become law.  You may view those bills and follow their status at vcomonline.org.  Simply click on the “Bills Of Interest” button at the bottom of the page.   For your convenience I have listed those bills below, along with links to the General Assembly Website so that you can track them should you wish.  Keep in mind that bills will continue to be published until Friday.  If any other bills of interest are introduced we will update both the VCOM website and this list.  We will also keep you informed of any developments concerning the legislation below.

If you have any questions, concerns, or comments concerning any of this legislation please do not hesitate to contact me.

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

Senate Bills

Distracted Driving
Bill Number: SB275
Introduced by Senator Stuart

This bill is one of several bills that would attempt to strengthen laws against both texting and driving, as well as allowing hand held devices to distract drivers from the task at hand which is driving.

While VCOM recognizes that such laws are very difficult to enforce, we generally support efforts to curtail distracted driving.

Read more about this bill at the following link:
https://lis.virginia.gov/cgi-bin/legp604.exe?ses=181&typ=bil&val=sb275&submit=GO

Motor Vehicle Insurance Limits
Bill Number: SB611
Introduced by Senator Surovell

Increases the minimum motor vehicle liability insurance coverage amounts from $25,000 to $100,000 in cases of bodily injury to or death of one person, from $50,000 to $200,000 in cases of bodily injury to or death of more than one person in any one accident, and from $20,000 to $40,000 for property damage coverage.

VCOM wants to make Virginia Motorcyclists aware of this bill so that they can contact their legislators should they wish.  VCOM takes no position on this bill.

Read more about this bill at the following link:
https://lis.virginia.gov/cgi-bin/legp604.exe?ses=181&typ=bil&val=sb611&submit=GO

Motor Vehicle Insurance Limits
Bill Number: SB364
Introduced by Senator Newman

Increases the minimum liability coverage amount from $20,000 to $50,000 for injury to or destruction of property of others in any one accident.
VCOM wants to make Virginia Motorcyclists aware of this bill so that they can contact their legislators should they wish.  VCOM takes no position on this bill.

Read more about this bill at the following link:
https://lis.virginia.gov/cgi-bin/legp604.exe?ses=181&typ=bil&val=sb364&submit=GO

Regulation of Attire
Bill Number: SB667
Introduced by Senator Deeds

Authorizes a locality to pass an ordinance to regulate, restrict, or prohibit the wearing of any combination of attire or weaponry commonly associated with military combat, paramilitary operations, or warfare that gives the impression that the wearer is an on-duty member of the United States Armed Forces, an official law-enforcement agency, or the militia during any permitted assembly of persons or movement of persons or vehicles if such attire constitutes a threat to the public safety or welfare.

VCOM opposes this bill and sees First Amendment Implications.  Given the wording of this bill VCOM fears that it could unintentionally negatively impact the many military veteran motorcycle clubs in Virginia, as well as groups such as the Blue Knights.  VCOM respects the intentions of the bill, but we are extremely uncomfortable with the actual language of the bill.

Read more about this bill at the following link:
https://lis.virginia.gov/cgi-bin/legp604.exe?ses=181&typ=bil&val=sb667&submit=GO

Bills in The House of Representatives

Careless Driving
Bill Number: HB426
Introduced by Delegate Levine

Provides that a person who operates a motor vehicle in a careless or distracted manner and causes of serious bodily injury to a pedestrian or person riding a bicycle, electric wheelchair, electric bicycle, wheel chair, skateboard, skates, foot-scooter, animal, or animal-drawn vehicle is guilty of a Class 1 misdemeanor.

VCOM believes that enhancing punishment on those who due to careless driving cause serious bodily injury or death should not be limited to only certain types of road users.  We believe that the bill is too narrow and we will work to expand the protection to all road users to include motorcyclists

Read more about this bill at the following link:
https://lis.virginia.gov/cgi-bin/legp604.exe?ses=181&typ=bil&val=hb426&submit=GO

Auxiliary Lighting for Motorcycles
Bill Number: Not Yet Issued
Introduced by Delegate Robinson by Request of VCOM

This bill would allow motorcyclists to utilize LED type auxiliary lights to increase visibility of motorcycles, especially at night. Auxiliary side lighting lessens the chance of a collision caused by an automobile or truck changing lanes into a motorcycle.  Several states neighboring Virginia (Maryland, North Carolina, Kentucky, Tennessee & West Virginia) do not prohibit such lighting, or have adopted similar legislation in order to allow motorcyclists to take advantage of the benefit of this type of lighting should they wish.  There have not been any reported problems associated with such legislation.  This bill adopts language recently approved by Illinois. Virginia Code and federal regulation require side lighting for automobiles and trucks, but not motorcycles. There is currently no “approved” lighting on the market which is appropriate for most motorcycles.

This Bill has not yet been published so we have included the language below:  Remember that the language in italics is the language that the bill would add to existing code.  The language not in italics is already existing code.

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-1012 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-1012. Headlights, auxiliary headlights, tail lights, brake lights, and illumination of license plates on motorcycles or autocycles.
Every motorcycle or autocycle shall be equipped with at least one headlight which shall be of a type that has been approved by the Superintendent and shall be capable of projecting sufficient light to the front of such motorcycle or autocycle to render discernible a person or object at a distance of 200 feet. However, the lights shall not project a glaring or dazzling light to persons approaching such motorcycles or autocycles. In addition, each motorcycle or autocycle may be equipped with not more than two auxiliary headlights of a type approved by the Superintendent except as otherwise provided in this section.

Motorcycles or autocycles may be equipped with means of modulating the high beam of their headlights between high and low beam at a rate of 200 to 280 flashes per minute. Such headlights shall not be so modulated during periods when headlights would ordinarily be required to be lighted under § 46.2-1030.

Notwithstanding § 46.2-1002, motorcycles or autocycles may be equipped with standard bulb running lights or light-emitting diode (LED) pods or strips as auxiliary lighting. Such lighting shall be (i) either red or amber in color and (ii) directed toward the ground in such a manner that no part of the beam will strike the level of the surface on which the motorcycle or autocycle stands at a distance of more than 10 feet from the vehicle. Such lighting shall not (a) project a beam of light of an intensity greater than 25 candlepower or its equivalent from a single lamp or bulb; (b) be blinking, flashing, oscillating, or rotating; or (c) be attached to the wheels of the motorcycle or autocycle.

Every motorcycle or autocycle registered in the Commonwealth and operated on the highways of the Commonwealth shall be equipped with at least one brake light of a type approved by the Superintendent. Motorcycles or autocycles may be equipped with one or more auxiliary brake lights of a type approved by the Superintendent. The Superintendent may by regulation prescribe or limit the size, number, location, and configuration of such auxiliary brake lights.

Every motorcycle or autocycle shall carry at the rear at least one or more red lights plainly visible in clear weather from a distance of 500 feet to the rear of such vehicle. Such tail lights shall be constructed and so mounted in their relation to the rear license plate as to illuminate the license plate with a white light so that the same may be read from a distance of 50 feet to the rear of such vehicle. Alternatively, a separate white light shall be so mounted as to illuminate the rear license plate from a distance of 50 feet to the rear of such vehicle. Any such tail lights or special white light shall be of a type approved by the Superintendent.

Motorcycles or autocycles may be equipped with a means of varying the brightness of the vehicle's brake light upon application of the vehicle's brakes.

Prohibition Against Leaving Unattended Vehicles Running
Bill Number: HB605
Introduced by Delegate Carr

Authorizes any locality to adopt an ordinance prohibiting any person from leaving a motor vehicle unattended while the motor vehicle is running, including a vehicle that remains stationary in the parked or neutral position. Such ordinance shall not apply to any commercial, law-enforcement, fire, or emergency medical services vehicle.

VCOM opposes this bill.  Many Virginia motorcyclists ride year round and use their motorcycles as their primary vehicle to go to and from work.  On cold mornings many of those riders who do not have garages allow their motorcycles to warm up outside.  This bill would allow localities to prohibit that practice unless the motorcyclist was standing outside with the motorcycle.  VCOM believes that is an unnecessary burden.  VCOM is also uncomfortable with allowing such a prohibition on one’s property.

Read more about this bill at the following link:
https://lis.virginia.gov/cgi-bin/legp604.exe?ses=181&typ=bil&val=hb605&submit=GO


Increase in Cap on Motor Vehicle Inspection Fees
Bill Number: HB582
Introduced by Delegate Bloxom

Increases from $12 to $15 the maximum amount any safety inspection station can charge for an inspection of any motorcycle and increases from $16 to $25 the maximum amount any safety inspection station can charge for an inspection of any vehicle other than a tractor truck, truck that has a gross vehicle weight rating of 26,000 pounds or more, or motor vehicle that is used to transport passengers and has a seating capacity of more than 15 passengers, including the driver, motorcycle, or autocycle.

VCOM recognizes that the cap on fees has been in place for some time now and that it will almost certainly be raised.  The last time  inspection fees for motorcycles were raised VCOM was able to get a portion of that increase to be directed to the Virginia Rider Safety Training Fund.  VCOM will work to do the same thing with this increase should it pass and become law.

Read more about this bill at the following link:
https://lis.virginia.gov/cgi-bin/legp604.exe?ses=181&typ=bil&val=hb582&submit=GO

Photo Identification to Register a Motor Vehicle
Bill Number: HB432
Introduced by Delegate Marshall

Requires any person applying to the Department of Motor Vehicles (Department) for a vehicle registration card or certificate of title to present a valid photo identification issued by the Department or, if registering online or by mail, a black and white photocopy thereof.

VCOM opposes this bill.  We do not see the necessity in this and believe that it causes an unnecessary complication in the registration process.  One spouse or partner  would no longer be able to register a motor vehicle for the other.  Additionally, when registering or titling a motor vehicle in the name of both, both spouses would have to appear at the DMV if they did not wish to put photo copies of their identification in the mail.  This bill also runs counter to DMV efforts to streamline most DMV functions and decrease the physical traffic at DMV outlets.

Read more about this bill at the following link:
https://lis.virginia.gov/cgi-bin/legp604.exe?ses=181&typ=bil&val=hb432&submit=GO

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