Two Bills of Interest to Virginia Motorcyclists

Two Bills of Interest to Virginia Motorcyclists Filed Yesterday December 28, 2013

Two bills were filed yesterday that, while not directly aimed at motorcyclists, certainly should be of interest to all of us.  Both of these bills were filed by Delegate Danny Marshall, who represents the Danville area.  VCOM will be watching both closely. The first is bill is HB 211.  It requires motor vehicle liability insurance policies to include coverage for inconvenience incurred by a party whose motor vehicle has been rendered inoperable due to the negligence of another driver.  The bill would require a minimum of $10,000 in coverage for such damage.  The bill defines inconvenience as follows: Inconvenience" means any reasonable pecuniary expense, including the costs of renting a car or obtaining alternate means of transportation and of lost wages resulting from work missed while arranging for repair of the third person's motor vehicle, that is incurred during the period the third person's motor vehicle is inoperable, by a third party in the course of dealing with disruptions in the normal routine of the third party's life activities as a result of a collision (i) involving the insured motor vehicle and a motor vehicle owned by the third party, (ii) resulting from negligence in the operation or use of the insured motor vehicle by the named insured or by any other person using or responsible for the use of the insured motor vehicle with the expressed or implied consent of the named insured, and (iii) that renders the third party's motor vehicle inoperable. The bill is a double edged sword for all of us.  On one hand the bill makes clear that if someone renders your motorcycle (or any other motor vehicle) inoperable then their insurance must not only pay to replace or repair it, they must pay for the other costs that you incur due to it being inoperable.  On the other hand, it will require each of us to carry this additional insurance.  I would imagine that some on this list will support this measure while others will oppose it.  That split in support may depend on whether you have had to deal with the headaches associated with someone damaging your vehicle and rendering it inoperable.   I will follow up with any additional news on this bill as it makes its way through the legislative process. If you wish to follow the progress of this bill you may do so at http://lis.virginia.gov/cgi-bin/legp604.exe?141+sum+HB211 If you wish to read the full text of the bill you may do so at http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB211 The other bill is HB 212 which was also filed by Delegate Danny Marshall.  Since distracted driving is a concern for all motorcyclists we have included this on our list of bills to watch.  The bill would make it unlawful to drive while holding a pet. I am guessing that this bill was introduced as a result of someone being in a crash in the Danville area where the other driver was holding a pet.  Regardless of how you feel about this bill, it will be interesting to watch its progress given how well received other distracted driving bills have been in the Virginia General Assembly.   It took years for texting bills to gain traction despite all of the data showing that it is a legitimate highway threat.  Other common causes of distracted driving which have been identified in recent studies include eating, drinking, smoking, applying makeup, and disciplining your children.  While I have not been able to find data specifically on holding your pet, I can certainly see where it could be a problem.  Especially if your pet is a mastiff.  I will follow up with any additional news on this bill as it makes its way through the legislative process. If you wish to follow the progress of this bill you may do so at http://lis.virginia.gov/cgi-bin/legp604.exe?141+sum+HB212 If you wish to read the full text of the bill you may do so at http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB212 As always, if you have any questions or comments about any of the above, please do not hesitate to contact me.  In the meantime, I will continue follow up with any future news on these or any other bills of interest to Virginia motorcyclists. Matt Danielson McGrath & Danielson The Motorcycle Law Group 1-800-321-8968 Motorcyclelawgroup.com

First Bill 2014

House Bill 122 December 18, 2013

Today Delegate Ed Scott introduced HB 122.  This bill creates a new classification of motor vehicle called an autocycle.  Under the bill an autocycle is defined as follows: "Autocycle" means a three-wheeled motor vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride and is manufactured to comply with federal safety requirements for motorcycles. Except as otherwise provided, an autocycle shall not be deemed to be a motorcycle. The goal of the bill is to take three wheeled automobiles, which are currently defined as motorcycles, and give them their own classification.  The benefit of this bill for the owners of these hopefully soon to be autocycles is that they will no longer have to obtain a motorcycle endorsement in order to operate their three wheeled cars.  The benefit of this bill for motorcyclists is that these vehicles will no longer be part of our crash data. If you wish to follow the progress of this bill you may do so at http://lis.virginia.gov/cgi-bin/legp604.exe?141+sum+HB122 If you wish to read the full text of the bill you may do so at http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB122 I will follow up with any future news on this bill of interest to all Virginia motorcyclists. Matt Danielson McGrath & Danielson The Motorcycle Law Group 1-800-321-8968 Motorcyclelawgroup.com

Motorcycle Lobby Day

Motorcycle Lobby Day 2014

The Virginia Coalition of Motorcyclists and Tom McGrath's Motorcycle Law group would like to invite all interested motorcyclists to attend this year's Motorcycle Lobby Day.  This year it will be held on Monday January 20, 2014.  This is a holiday, so many people are off.  That morning, Virginia Coalition of Motorcyclists lobbyists, as well as members of other state motorcycle rights organizations, independent motorcyclists and any other interested people will go to the Virginia General Assembly to speak to the Delegates and Senators about upcoming legislation that affects motorcyclists in Virginia. On Sunday January 19, from 12:00 p.m. until we get through, Virginia Coalition of Motorcyclists lobbyists will lead an informational meeting at the Four Points by Sheraton at 4700 South 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. On Monday the 20th, we leave the hotel at 8:00 a.m. sharp for our annual trip to the Capitol. After lobbying our legislators, we will head to Penny Lane Pub where Tom McGrath's Motorcycle Law Group takes everyone to lunch as a thank you for coming to support Virginia Motorcyclists. This year we are expecting numerous bills of interest to Virginia motorcyclists.  We already know that there will be a bill to modify the definition of a motorcycle, and to create a new classification of motor vehicles called autocycles.   In recent years we have seen numerous three wheeled vehicles on the market which are, for all purposes, three wheeled cars.  They are controlled by a steering wheel as well as a foot controlled brake and throttle.  Yet under current Virginia law these vehicles are motorcycles.  There is legislation to make these vehicles autocycles and to further clarify the definition of a motorcycle. We are also still looking at a bill to increase the penalty for drivers who kill others as a result of violating their right of way.  Under current law the offender is usually convicted of failure to yield the right of way, which carries only a fine.  We are looking at legislation that would give the court the ability to impose larger fines, suspend the offender’s license, and/or impose jail if the facts and circumstances justified such action.  Under current law, the court usually does not have that option.    We had been unable to seriously speak with potential patrons until the elections concluded.  We are currently speaking with legislators about carrying this bill for us.  I will keep you informed as talks progress. As always, there will be numerous bills submitted at the last minute which will negatively affect motorcycling.  As these bills are filed, we will be able to identify them and discuss them at lobby day so that we can convince the legislators why they are bad bills.  Those who have participated in Lobby Day in the past remember bills that we have killed such as the one that would have required proof of insurance before one person could sell another person a motorcycle, even if the person buying the motorcycle had no intention of putting the bike on the road.  We killed that one with the help of all of those who participated at Lobby Day.  A few years ago we also defeated a bill that would have prohibited children under eight from riding on a motorcycle as a passenger by pointing out that the law improperly infringed on the rights and responsibilities of parents.  Those at Lobby Day also pointed out the fact that in the prior ten years not a single child under eight was killed on a motorcycle.   I encourage everyone who can to join us.  It is a lot of fun, it is educational, and most importantly it shows the legislators that motorcyclists are a significant and active portion of the electorate. For more information you can call VCOM at (800) 437-9434.  For Room Reservations call (804) 226-4300.  As the hotel accommodations were just secured, room blocks may not be available until after December 15.  We hope to see you at lobby day. Matt Danielson McGrath & Danielson Tom McGrath's Motorcycle Law Group 1-800-321-8968 Motorcyclelawgroup.com