YOUNG RIDERS PICK A DESTINATION AND GO.

OLD RIDERS PICK A DIRECTION AND GO.


These are sayings out of the book Sit Down, Shut Up & Hang On!

A biker's guide to life.

Wednesday, August 22, 2012

Court Ruling Clarifies Virginia's Helmet Law

 

The Court of Appeals has issued a ruling today which clarifies the requirements of Section 46.2-910 of the Code of Virginia.  This section governs, among other things, the wearing of motorcycle helmets by motorcyclists on the roadways of the Commonwealth.  This article is not meant to advocate any position on the issue of mandatory helmet statutes.  It is intended to inform each reader about the current state of Virginia law. 
 
As many of you know, in August of 2011 a number of motorcyclists were detained at the Virginia Beach Bike Classic and given citations for not wearing a motorcycle helmet.  Each person cited was in fact wearing a helmet, but it was the opinion of the charging officer that the helmet did not conform to Virginia law because it was not labeled as meeting Department of Transportation (DOT) standards.  Our firm agreed to represent these individuals at no cost since it has long been our position that Virginia Code, as currently written, does not require that a helmet be labeled, marked, or certified by any entity, much less DOT. 
 
To make a long story short, fifteen individuals ended up being convicted in the Virginia Beach Circuit Court.  We appealed all fifteen cases to the Court of Appeals of Virginia (CAV).  The cases were argued in May of this year and today the CAV issued its opinion reversing and dismissing twelve of the fifteen convictions.  In two of the cases in which the convictions were affirmed the evidence indicated that the defendant made incriminating statements indicating knowledge that the helmet was, in fact, an improper helmet.  Those of you who have attended any of my lectures know that this violates my rule on not making statements during such encounters (Remember Rule # 1 – JUST SHUT UP – now back to our regular program).  In the remaining case in which the court affirmed the conviction the defendant’s helmet contained a label identifying the helmet as a “novelty helmet” that “wasn’t for use on the road.”  Now I am not going to advise any of you regarding the type of helmet that you should wear.  I will, however, highly advise that you not wear a helmet containing that or any similar label. 
 
It is the language pertaining to the twelve cases that were reversed that clarifies Virginia law.  For decades law enforcement has operated under the premise that Virginia law requires that all motorcycle helmets be labeled as meeting DOT specifications.  The court made it clear that there is no such requirement under Virginia law.  Section 46.2-910 requires that a motorcycle helmet meet or exceed the standards and specifications of the Snell Memorial Foundation, the American National Standards Institute, Inc., or the federal Department of Transportation. That is the extent of the requirements under the statute.  The standards are testing standards and not construction standards.  Therefore it is the burden of the government to show that the helmet fails to meet each of the three standards. 
 
In analyzing the statute the court concluded that the lack of labeling is not proof that the helmet fails to meet or exceed each of the standards.  The court specifically stated that “there is no requirement that [helmets] be marked or labeled in accordance with any safety standard.” (Emphasis added).
 
This decision settles a long standing debate within both the legal and motorcycling community.  Virginia law does not require that motorcycle helmets be labeled.  That being said the General Assembly meets again in January and who knows what evil (or good depending on your point of view) lurks in the hearts of men (and women).  Those of you who remember that last quote, minus the parenthesis, just demonstrated your age. 
 
Should you wish to read the actual opinion you may do so at the following link:
 
http://www.courts.state.va.us/opinions/opncavwp/1805111.pdf
 
As usual if you have any questions or comments concerning anything that I have written please do not hesitate to contact me.  Until next time I wish everyone great riding.
 
Matt Danielson
McGrath & Danielson
Tom McGrath's Motorcycle Law Group
1-800-321-8968
Motorcyclelawgroup.com

 

Sunday, August 12, 2012

Devils Backbone Brew Pub Ride 
SEPTEMBER 22nd SATURDAY
Route Plan  
The ride will start in Winchester  522 south , to 231 south , to 29 south , right on Route 6 , left on Route 151 ……continue 5 miles to Devils Brew Pub  200 Mosby Run , Roseland , VA                        www.dbbrewingcompany.com/default.aspx
                Apple Valley and Loudoun meet /  leave from Winchester
                Sperryville  - Meet up point with Shenandoah Chapter
                Madison  - Meet up with Rappahanock  and Culpepper Chapters
               Devils Brew Pub – Meet up with Star City and Hill City and any other chapters wishing to attend
The return ride suggestion would be to return via 340 north , but the option to take  Route 29 north is possible too.
We will need to provide Devils Brew Pub with advance notice of a head count , they do not take reservations but will need to know how many to expect . Please see how much interest there is within your chapter and get back to me with a head count .
Hopefully this date works well and we can have a great multi chapter meet up

Sunday, August 5, 2012

This year’s Meeting of the Minds, which is the Motorcycle Riders Foundation annual convention, is being held in Durham North Carolina.  If you have never been to an MRF convention (or even if you have) I would highly recommend attending.  These meetings are a great way to meet with motorcyclists from other states and talk with them about the problems that they face and the solutions that they have come up with.  I always learn a lot at these meetings from the numerous workshops and have a great time as well.  These conferences also support the MRF which does an excellent job of protecting the rights of motorcyclists on the national level and provides an excellent support system amongst the 50 states. 
 
The conference will be held from September 20-23 at the Sheraton Imperial Hotel, 4700 Emperor Blvd., Durham, NC.  The phone number for the hotel is 800-325-3535.  The special room rate is $99 which is extremely reasonable.  If you want to register for the conference you may do so at https://mrf.org/register_MOTM.php  The current agenda is not yet available but should be soon at http://www.mrf.org/events.php.  You may also look at the agenda for last year’s conference at that link. 
 
If you have any questions concerning the conference please feel free to contact me.  I hope to see you there.
 
Matt Danielson
McGrath & Danielson
Tom McGrath's Motorcycle Law Group
1-800-321-8968

Wednesday, August 1, 2012

This year’s Virginia Legislative Roundtable will be held on September 9, 2012 at the Richmond Marriott which is located at 500 East Broad St., Richmond, VA 23219.   This is where it has been held for the past few years. 
 
The Legislative Roundtable is where Virginia Motorcyclists gather to discuss issues of importance to the motorcycling community and to have input on the 2013 legislative agenda to be presented to the Virginia General Assembly by the Virginia Coalition of Motorcyclists. 
 
The Roundtable will start at 12:00 P.M. and usually lasts three to four hours.  If you can make it we would welcome your voice in deciding the issues that need to be addressed in 2013.  In past years the Roundtable was the starting point for legislation such as Virginia’s red light bill, our prohibition against motorcycle only checkpoints, and the modification of Virginia law to allow two two-wheeled motorcycles to travel abreast in a single lane. 
 
If you are interested in attending, or if you have any questions concerning this year’s Virginia Legislative Roundtable, please do not hesitate to contact me. 
 
Matt Danielson
McGrath & Danielson
Tom McGrath's Motorcycle Law Group
1-800-321-8968

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