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
