It
is that time of the year. The Virginia General Assembly will convene
next week. This year is a short session. It is 45 days long. We have
our first piece of legislation which impacts motorcycling in Virginia,
and the training program in particular. It is HB 1476 introduced by
Delegate Ed Scott of Culpepper Virginia. DelEScott@house.virginia.gov
Delegate Scott is usually very friendly to motorcyclists but we do have a
disagreement about this particular piece of legislation. It has been
introduced at the request of Harley Davidson and amends Virginia Code to
relax the rules on the type of motorcycles which may be used in the
Virginia Rider Training Program. I can better explain this bill with a
short history.
Nine years ago the Virginia Coalition of Motorcyclist actively worked a
bill to allow for the training program to be taught at private sites.
The idea was to have more sites and therefore make training available to
more people. It is our belief that training and education is the
bedrock foundation of motorcycle safety. Part of this legislation
defined the types of motorcycles which may be used in the program. The
current code requires that the motorcycles must meet the following three
criteria: (i) an engine displacement of no more than 500 cubic
centimeters, (ii) a weight of less than 400 pounds, and (iii) is
equipped with a seat whose height will accommodate each novice rider
course participant.
This year it was noticed that there was a grammatical error in the
statute that provided that the site must have only one such bike. We
currently have a bill to fix that issue requiring one compliant bike per
student. We were then contacted by Harley Davidson. They want to
amend the code to require that the seat height must be 30 inches or
less, and further require that the motorcycles need only meet two out of
the three criteria. Their explanation was that this was the MRF
requirement followed by almost every other state. The other explanation
was that they have a training bike coming out in 2014 that does not
meet Virginia’s current criteria. When asked what it was about the new
bike that does not meet Virginia’s current criteria they refused to tell
us citing proprietary information. We certainly found it difficult to
work with Harley on this matter by agreeing to a change in Virginia code
to accommodate a motorcycle about which we know nothing.
In an attempt to work with Harley we contacted numerous states which do
in fact have the standard suggested by Harley. We learned from various
states that the standard was put into place nearly ten years ago with
input from Harley Davidson in order to accommodate the Buell Blast as a
training bike. However, the majority of those states that use those
criteria also have the administrative power to reject a motorcycle as
being inappropriate for their rider training program even if it meets
the MRF criteria. Our program has no such power.
It is VCOM’s position that HB1476 should not be passed, but instead
should be referred to the committee on unconventional motor vehicles.
(I know that motorcycles are not an unconventional motor vehicle but we
did not invent nor name the committee). This is a committee made of
training program staff, VCOM, dealers, DMV and State Police. Together
we should be able to craft sensible criteria that protects the integrity
of the training program and gives it more power to determine the types
of motorcycles which are appropriate to safely train students. As I
stated before, it is VCOM’s position that crash avoidance is the key to
motorcycle safety. That begins and ends with sound, appropriate and
safe training.
As this piece of legislation moves ahead and is assigned to a committee I
will send updates to keep you abreast of its progress. Additionally,
remember that Lobby Day is Monday January 21. On Sunday January 20,
from 1:00 p.m. until we get through, VCOM lobbyists will lead an
informational meeting at the Wyndham Richmond Airport Hotel, 4700 S.
Laburnum Avenue Richmond, VA 23231 to discuss this year's legislation
affecting motorcyclists. We will also discuss how to talk to your
legislators about these issues in case you have never done that. Later
that evening, attendees will enjoy a free homemade BBQ dinner made by
Stewart Newton and provided by several Virginia motorcycle rights
organizations including ABATE of Virginia and the Virginia Bikers
Association.
On Monday 21st, we leave the Wyndham at 8:00 a.m. sharp for our annual
trip to the Capitol. After lobbying our legislators, we will attend the
opening of the House of Delegates daily session and be recognized from
the floor. Afterwards, Tom McGrath's Motorcycle Law Group will take
everyone to Penny Lane Pub for lunch as a thank you for coming to
support Virginia Motorcyclists.
As always if you have any questions or concerns about this matter please
feel free to contact me. I hope to see everyone at this year’s Lobby
Day.
Matt Danielson
McGrath & Danielson
Tom McGrath's Motorcycle Law Group
1-800-321-8968
Motorcyclelawgroup.com
LINKS
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.
