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

9 tips to get your Motorcycle ready to ride

If you’re like me, you’ve noticed the increasing number of motorcycles breaking out for a quick ride. With warming temperatures and yearning riders, it’s time to get your Motorcycle ready for the road. Here are nine tips to help you stay ‘sunny-side up’ and help protect you and the health of your motorcycle.

1. Charge your battery:The heart of your bike’s electrical system and the source of power to get-up and goin’ is your motorcycle battery. The prudent already have their battery on some form of Battery Tender [Tip: keeping your battery charged can add multiple lives to your energy cell.] But if you don’t have your battery on a charger, the first thing to make your motorcycle ride-ready is to charge your battery.
2. Change the oil & filter:If you followed our recommendations for winterizing your bike, you changed the oil before putting it in storage for the year – but if not, now’s the time to do it. Swap that stale lubricant for fresh clean oil and a new filter. If you don’t do the work on your bike, make arrangements with your favorite motorcycle maintenance facility to accomplish this important task.
3. Tires: These jewels are where the ‘rubber meets the road’ literally, so pay special attention to them. Do a full 360 degree check on each tire for any cracking or punctures. Also, check for wear. Excessively worn tires are more easily punctured and less likely to maintain proper traction. On many tires, tread wear indicator bars signal a need for replacement, but another easy check – if you can see the top of Lincoln’s head on a penny when inserted in the tire tread, Lincoln’s head facing down, it’s time for a new tire. If your tires pass the wear test, inflate them to manufacturer’s inflation specs and your rubber is ready to go.
   
4. Fuel:If you stabilized the fuel in your motorcycle during the winterization process, you should burn through it or siphon it out and replace it with fresh fuel. If you didn’t winterize, and also didn’t fill the tank before storing, check the fuel tank for rust, which may have formed due to water condensation. If the tank is clean, fill it and ‘ride-on’. If there are signs of rust, you’ll live with the consequences – fouled carburetor, clogged fuel filter, etc. – until you replace the tank.
5. Cables & Pivot points:A Spring tune up of cables and pivot points is time well spent. Get a good multipurpose spray lubricant and use it on anything that pivots or slides – cables, levers, pedals, kick-stand, etc. Exclusions to its use are chains and drive assemblies. We recommend using chain and driveline lubricants specifically designed for this task. Check with your motorcycle manufacturer for recommended products.  Use fogging oil designed specifically for fuel tanks as part of your winterization at the end of the riding year.
6. Lighting:  Turn on your motorcycle’s power and check all the lights for any that have inoperative bulbs and replace them i.e.  brake lights, turn signals, headlights, etc. Often, replacement bulbs come in twos, so save extras for the next time you need one. Occasionally, an outage may be due to a fuse failure. Replace the spent fuse, but monitor the outage situation – there may be more awry than a burned-out bulb. Repetitive fuse failures can signal a deeper electrical problem, which may require professional help.
7. Brakes:Stopping your motorcycle safely is just as important as insuring your bike can accelerate. Before you hit the road, thoroughly check all the components of your brake system – lever adjustment, cables, calipers, brake pads, etc. Review your motorcycle’s manufacturer’s manual for tips on proper brake system adjustment. If settings don’t seem right and you’re not comfortable making adjustments, seek professional help. It’s always better to be safe than sorry.
8. Fluids:Check for all the motorcycle’s fluid levels – brake, clutch, oil, coolant. Top them off as needed. Look for any leaks on the floor where your motorcycle’s been stored. Another way to check for leaks is to start and warm your bike up to running temperature, then turn it off and check for leaks.
9. Clean:Finally, the old adage, ‘cleanliness is next to Godliness’ is true, and definitely so for your motorcycle. When you’ve taken all the steps to prepare your motorcycle mechanically, thoroughly clean the exterior and your bike will look as good as it runs and you’ll look good riding it!!!

Motorcycle Lobby Day 2017 TBA

The Virginia Coalition of Motorcyclists (VCOM) will be making a change to the annual January legislative meeting.  Lobby Day is usually held on Martin Luther King Day.  For two decades Virginia motorcyclists have gathered on that day to go the state capital in order to urge their legislators to support motorcyclists in Virginia.  However, this year’s legislative agenda hinges more on working with state agencies than it does on winning support of individual legislators.  For this reason, VCOM has decided not to hold a traditional lobby day.  Instead, on a date to be determined, VCOM will host a reception in Richmond in order to give attendees a chance to visit their legislators and show support to those legislators who support us.  It will also be a great opportunity to engage in fellowship with other riders interested in protecting the rights of motorcyclists.  VCOM continues to work with the Virginia State Police to create acceptable standards to allow motorcyclists in Virginia to utilize accent lighting in order to increase rider nighttime visibility.  At this time, we foresee this as the one issue which may require legislative action.  If it does, we will attempt to schedule the reception on a day that the Senate Transportation Committee meets.  It will be important to have as many supporters there as possible if we are not able to work out an agreement with the State Police. VCOM is also working with the Virginia Department of Motor Vehicles in order to create a Driver Improvement Clinic for motorcyclists.  Currently in Virginia, Driver Improvement Clinics, which allow drivers to add positive points to their driver’s license, are held strictly in classroom settings and are geared for automobile drivers.  VCOM is working with the DMV to create a Driver Improvement Clinic for motorcyclists which will include classroom training as well as actual riding time on a range.  We will keep you updated as we move forward on this project. Finally, VCOM is actively monitoring every bill that is being introduced in the General Assembly this year.  If one is introduced which affects motorcyclists, we will immediately report it on this list and formulate a strategy to either support or oppose the legislation depending on its merit.  In the meantime, if anyone has any questions, comments, or concerns about this or any other matter concerning motorcycling in Virginia, please do not hesitate to contact me. Matt Danielson McGrath, Danielson, Sorrell & Fuller The Motorcycle Law Group 1-800-321-8968

National Motorcycle Conference Coming to Virginia Help Needed September 21 - 24, 2017

For the first time ever Virginia will host  the Motorcycle Riders Foundation’s Meeting of the Minds.  This annual conference will bring 300 to 500 grassroots motorcycling advocates from across the country to Williamsburg Virginia from September 21-24, 2017.  This conference is the premier motorcyclists rights conference in the country. I am the conference coordinator and in order to put on a successful conference I will need all of the help that I can get.  Members of VCOM, VABA and ABATE of Virginia have committed to help put this conference on but we will need many more volunteers to make this work.  I am currently looking for volunteers to help organize this conference.   Virginia can host a great conference but it will take input from Virginia motorcyclists. If you are willing to help, or have any questions please contact me at either jim@vcomonline.org or 1-800-437-9434.  September will be here before we know it so please don’t hesitate to contact me if you are interested.  I need all of the help I can get. Jim Cannon Director, Virginia Coalition of Motorcyclists 1-800-437-9434

Reddit Forum

Save the Date: Motorcycle Law Group to Host Reddit Forum

November 15, 2016

 

We are hosting our first ever, Reddit Ask Us Anything (AUA) forum on Tuesday, November 15, 2016. We invite all of you to join in the conversation as Matt Danielson, Chad Fuller, and Liz Sorrell from Motorcycle Law Group answer questions about:

• Motorcycle laws and statutes
• What to do in the event of an accident
• How much and what type of motorcycle insurance you really need
• Anything else motorcycle law related

Details:
Login to Reddit.com on:

• Tuesday, November 15
• 2pm EST - 4pm EST
• Submit questions for our team to answer! 

What is Reddit? 

Reddit is a social news aggregation and discussion website. Reddit's community members can submit content, like we are doing for this Ask Us Anything event. If you want to join in the conversation but do not have an account, it very easy to sign up (and free).

We would be pleased to have as many of you from our MLG community active and participating on this day. We will send a reminder out the week before and the day of the AUA conversation to direct you to the forum.

If you have any questions please let us know!

Matt Danielson
McGrath, Danielson, Sorrell & Fuller
The Motorcycle Law Group
Motorcyclelawgroup.com

GPS May Be Spying on You

Your GPS May be Spying on You

Beware. Your GPS may be collecting evidence against you. More and more motorcyclists today are using GPS (Global Positioning Systems) to plan trips, get directions and keep track of miles traveled. However, keep in mind that if you are in a motorcycle accident, you may be collecting evidence that could be used against you in both a criminal and civil trial.

Most GPS systems allow you to keep track of your speed. As such, they can be used as evidence in court. I have come across jurisdictions which, at the scene of an accident when speed is a question, will seize a crash victim’s GPS, get a search warrant, and download the information pertaining to speed. Such action does more than subject the crash victim to a speeding ticket. It can, if the injured party was speeding, put their ability to collect damages for their injuries at risk. That means, if the party who injures you can show that you were in some way at fault in causing the accident, then depending on which state you were injured in, your claim can be reduced, or outright denied.

Keep in mind that I am in no way suggesting that you should not use a GPS on your motorcycle. I am merely suggesting that if you do, keep in mind that depending on the system and how you use it, you could be collecting evidence that could eventually be used by a party that injures you to avoid paying for the injuries they caused.

If you have any further questions or comments concerning this article or any other matters concerning your rights as a motorcyclist, please do not hesitate to contact me.

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

VA Helmet Concerns

On Saturday, July 30, 2016, the Virginia Coalition of Motorcyclists will host a meeting to discuss issues concerning efforts to amend Virginia law to allow adult riders to choose whether or not to wear a motorcycle helmet.  The meeting will be held at the Holiday Inn Express in Lexington, Virginia.  We will start at 1:00 p.m.  The address for the hotel is 880 N Lee Highway, Lexington, VA.  We look forward to discussing this important issue with you.

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

Motorcyclists are in Good Shape at the Half Way Point in the Virginia General Assembly February 17, 2016

We have reached the time in the Virginia General Assembly known as “Crossover,” which is the half way point of the 60 day session.  This means that, other than the budget bill, the Senate may now only consider legislation that has passed out of the House of Delegates, and the House of Delegates may only consider legislation that has passed out of the Senate. Here are the mid-point updates of the legislation that the Virginia Coalition of Motorcyclists (VCOM) has been supporting, opposing, or watching.  I have included links to the bills that are still “alive” and working their way through the General Assembly.  You may use these links to follow the progress of any legislation which interests you. House Bills HB10 – This bill concerns the number of headlights allowed on the front of a motorcycle.  The bill was introduced by request of a constituent of Delegate Cole and is identical to SB25 which was introduced by Senator Reeves by request.  The bill would allow motorcyclists to burn five lights rather than four for general illumination on the front of the motorcycle.  The purpose of this bill is to improve visibility of motorcycles from the front in order to help prevent left turns in front of motorcycles. Neither HB10 nor SB25 have met any opposition and have therefore moved through their respective bodies on the uncontested calendar.  That means that they were voted on in a block with many other bills which were also unopposed.  Both bills are on the fast track to become law. VCOM will be watching the potential conflict in law that these bills create.  The bills allow motorcycles to “be equipped with and use not more than five approved lights in order to provide general illumination ahead of the motorcycle.”  However, Section 46.2-1012 prohibits motorcycles from being equipped with more than two auxiliary lights.  This may require a legislative fix in the future.  VCOM will continue to monitor this. You may follow the progress of this bill and read the text at the following link: http://lis.virginia.gov/cgi-bin/legp604.exe?161+sum+HB10 You may follow the progress of its companion, SB25, and read its text at the following link: http://lis.virginia.gov/cgi-bin/legp604.exe?ses=161&typ=bil&val=sb25 HB870 – This bill concerns unfair claim settlement practices and was introduced by Delegate Hugo.  It is identical to SB193 which was introduced by Senator Stuart. Under current law insurance companies and repair facilities are prohibited from making an appraisal of a damaged automobile without making a personal inspection.  This bill would also allow appraisals to be done using photographs.  This code also requires that any estimate of an automobile that is prepared based on the use of parts not made by the original manufacturer must conspicuously state that to be the fact. VCOM has worked with both patrons to amend their bills.  As a result, each was amended to replace automobile with motor vehicle.  As a result, motorcyclists will enjoy this protection that has to date only been extended to owners of automobiles. You may follow the progress of this bill and read the text at the following link: http://lis.virginia.gov/cgi-bin/legp604.exe?ses=161&typ=bil&val=hb870 You may follow the progress of its companion, SB193, and read its text at the following link: http://lis.virginia.gov/cgi-bin/legp604.exe?ses=161&typ=bil&val=sb193 HB939 – This bill was introduced by Delegate Wilt by request of VCOM.  It 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. The problem is that most of this type of lighting is not approved by DOT, ANSI or SAE and is therefore illegal under Virginia law.  This bill would allow certain unapproved lighting on motorcycles as a safety device This bill has faced heavy opposition from the Virginia State Police who insist that all motor vehicle lighting be approved by one of the aforementioned organizations.  Despite such opposition, VCOM has, with the assistance of motorcyclists who rallied to email their legislators, worked this bill through committee and onto the House floor where it passed on a vote of 100-0.  VCOM will continue to work on this bill in the Senate where it will once again face opposition from the Virginia State Police. You may follow the progress of this bill and read the text at the following link: http://lis.virginia.gov/cgi-bin/legp604.exe?ses=161&typ=bil&val=hb939 Senate Bills Not Yet Discussed SB35 – This bill, introduced by Senator Carrico, incrementally adds fees to yearly motor vehicle registrations in order to provide additional funds to the Virginia State Police.  By July 1, 2025 that fee would be $12.50 per motor vehicle per year.   This means that a household with two cars and two motorcycles would pay $50 per year in additional fees. To give a better idea of the impact of this bill, according to the Virginia Department of Motor Vehicles, there were 7,898,197 registered motor vehicles in Virginia in 2014.  $12.50 per vehicle per year comes to $98,727,462 per year (That is almost ninety-nine million dollars per year) VCOM opposed this bill.  We believe that this would have a disproportional effect on our community since we tend to own more motor vehicles than the average household. This bill was sent to the House Committee on Finance and has been carried over until next year.  No further action will be taken on this bill during this General Assembly session. Finally we have SB697.  This bill, introduced by Senator Louise Lucas of Portsmouth, would have exempted motorcycles from paying tolls in Virginia.  While VCOM very much appreciates the efforts of the Senator, the fate of this bill was sealed upon its introduction.  Previous attempts at similar legislation have been met with strong opposition from a legislative body that frowns on removing transportation funding sources of any kind.  It was no different this year.  The bill was rejected in the Senate Transportation Committee’s sub-committee on tolls. We will continue to update you on all of the legislation throughout this year’s session.  If anyone has any questions concerning these or any other bills, please do not hesitate to contact me. Once again let me say thank you to all of you who have ever taken your time this year to support Virginia motorcyclists.  Your efforts matter more than you know.  There is not another group I would rather be affiliated with than you.   Matt Danielson McGrath, Danielson, Sorrell & Fuller The Motorcycle Law Group 1-800-321-8968 Motorcyclelawgroup.com

 

Motorcycle Auxiliary Light Bill On House Floor February 6, 2016

Our Auxiliary light bill, HB 939, is on it's second reading on the floor of the House of Delegates.  It came out of the full House Transportation Committee on a 19-2 vote.

This bill would allow motorcyclists to utilize auxiliary lighting, such as LED accent lighting, in order to be more visible at night.  Current Virginia law requires that all lighting be approved by the superintendent of the Virginia State Police.  That means that all lighting must go through an approval process.  The vast majority of smaller lights appropriate for motorcycles have never undergone such a process, and due to the size of the manufacturers making such lighting, most likely never will.

You can view HB 939 at the following link:

http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB939

VCOM has worked with Delegate Tony Wilt to fashion this bill which allows motorcycles the protection of side lighting currently enjoyed by operators of cars and trucks.  VCOM encourages all motorcyclists to email the members of House of Delegates in support of this bill.  Below is a link that will provide contact information for every member of the House of Delegates.

http://virginiageneralassembly.gov/house/members/members.php

When emailing delegates, remember to point out the following:

• The bill increases visibility of motorcycles, especially at night;
   
• Unlike automobiles which are required to have side marker lights or wrap around headlights / tail lights which are visible from the side, motorcycle lights are often only visible from the front and rear and do not have the same illumination as automobiles;
   
• NHTSA published a report on the effectiveness of side marker lights on motor vehicles.The report concluded that side marker lights are a cost effective safety device which reduce the number of nighttime angular collisions that occur in the United States;
   
• Several surrounding states, including Maryland, North Carolina, Pennsylvania and West Virginia, have passed similar legislation and motorcyclists from those states are currently riding on Virginia roads with similar lighting.  It makes sense to give Virginia motorcyclists the same safety tools that out of state riders already use on Virginia roads.

Please support this sensible bill which makes motorcycles more visible at night.   When you send emails it is best to send an email to each Delegate individually.  It is also helpful to include your address if you are a constituent.  Once again, below is a link that will provide contact information for every member of the House of Delegates.

http://virginiageneralassembly.gov/house/members/members.php

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

Federal Highway Bill

l Baldwin

jbbaldwin@yahoo.com

Search Emails

Federal Highway Bill Contains Wins for Motorcyclists The Motorcycle Riders Foundation (MRF) announced the passage of Fixing America’s Surface Transportation (FAST) Act the first week in Dec.  The $305 billion dollar federal highway bill funds highway and transit programs for the next five years and represents the first long-term highway bill we have had in a decade. The bill contains several provisions of interest to motorcyclists.  It contains language re-establishing the Motorcycle Advisory Council to advise the U.S. Department of Transportation on motorcycling infrastructure issues.  It also provides for the continuation of the funding of motorcycle safety grants.  Furthermore, a section titled “Share-The-Road Model Language,” requires the Secretary of Transportation to provide to the states model “Share the Road” language on the importance of sharing the road safely with motorcyclists. Of particular interest to motorcyclists is the language prohibiting federal funds from being used for motorcycle-only checkpoints.  Through the work of the MRF and State Motorcycle Rights Organizations, this language survived the amendment process and is included in the bill signed into law by the President.  While safety checkpoints serve as an important safety tool, there is simply no reason to discriminate against motorcyclists and single them out over all other motorists using the nation’s roadways. If you have any questions or comments concerning the FAST Act or any other matters of importance to motorcyclists, please do not hesitate to contact me.  Matt Danielson  McGrath & Danielson  The Motorcycle Law Group  1-800-321-8968  Motorcyclelawgroup.com

</div>

Motorcycle Lobby Day Meeting 2016

Sunday January 17, 2016

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 18, 2016.  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 17th, beginning at 1:00 p.m., Virginia Coalition of Motorcyclists lobbyists will lead an informational meeting at the Holiday Inn at 2000 Staples Mill Rd, Richmond, VA, 23230 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 18th, 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 The Motorcycle Law Group provides lunch to all who attended as a thank you for coming to support Virginia motorcyclists. This year we know that there will be another bill to amend the Code of Virginia to allow motorcyclists to use auxiliary lights in order to increase visibility to other motorists.  This bill faces heavy opposition from the Virginia State Police and will require strong support from the motorcycling community in order to become law in Virginia. As always, there will be numerous bills submitted at the last minute which may negatively affect motorcycling.  As these bills are filed, we will identify them and discuss them at Lobby Day so that we can convince legislators to oppose them.  Those who have participated in Lobby Day in the past remember bills that we have defeated 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 defeated that one with the help of all of those who participated at Lobby Day.  A few years ago we defeated a bill that would have prohibited children under eight from riding on a motorcycle as passengers.  We pointed out that the proposed 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. Both of these bills may have become law if it were not for the efforts of Virginia motorcyclists who took the time to come to Richmond and oppose them.   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 may call VCOM at (800) 437-9434.  For Room Reservations call 1- (888) 465-4329.  Make sure to ask for the VCOM rate.  We hope to see you at Lobby Day. Matt Danielson McGrath & Danielson Tom McGrath's Motorcycle Law Group 1-800-321-8968 Motorcyclelawgroup.com

Virginia Motorcycle Helmet Reform Meeting January 17, 2016

We have recently received information which would indicate that there may soon be a realistic opportunity to achieve motorcycle helmet law reform in Virginia.  There will be a meeting to discuss this immediately after the Lobby Day prep session in Richmond on January 17, 2016. As soon as we have more information concerning the specific time and place for the Sunday Lobby Day I will forward it to this group.  We looking forward to speaking with everyone concerning this issue of importance to all of us.     Matt Danielson McGrath & Danielson The Motorcycle Law Group 1-800-321-8968 Motorcyclelawgroup.com

Operating Motorcycles on the Shoulder of the Highway in Virginia

My office has received numerous emails and telephone calls in recent weeks concerning a rumor spreading through the motorcycling community that it is now legal in Virginia to operate your motorcycle on the shoulder of the highway when traffic is heavy or stopped.  I am sending this email in order to correct this misunderstanding.  It is not legal to operate your motorcycle or any other motor vehicle (emergency responders excluded) on the shoulder of the highway in Virginia. 46.2-841(B) of the Code of Virginia reads as follows: The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety. Except where driving on paved shoulders is permitted by lawfully placed signs, no such movement shall be made by driving on the shoulder of the highway or off the pavement or main traveled portion of the roadway. There is no exception under Virginia law for motorcycles.  While I can certainly understand the argument in favor of allowing this for air cooled engines, it is still prohibited behavior in Virginia. If you are interested in discussing a change to the law as it pertains to this issue or any other issues faced by motorcyclists, I would invite you to join us for the Virginia Motorcycle Legislative Roundtable on October 17, 2015 in Richmond, Virginia.  The Roundtable will start at1:00 pm at the Richmond Marriott West, which is located at 4240 Dominion Boulevard, Glen Allen, VA 23060.  The Legislative Roundtable is where Virginia Motorcyclists gather to discuss issues of importance to the motorcycling community, and to have input on the 2016 legislative agenda to be presented to the Virginia General Assembly by the Virginia Coalition of Motorcyclists. If you are interested in attending, we would welcome you around the table.  If you are unable to attend but want to express your ideas, or if you have any questions concerning this year’s Virginia Motorcycle Legislative Roundtable, please do not hesitate to contact me. Matt Danielson McGrath & Danielson The Motorcycle Law Group 1-800-321-8968 Motorcyclelawgroup.com

7 Things to Keep on Your Motorcycle Nobody wants to be in an accident, but it’s an unfortunate reality for a lot of riders each year. While you can’t plan for the where and when, you can make sure you’re prepared should you ever find yourself in an accident. One of the most common mistakes people make in an accident is not having the necessary information on hand, as well as the means to document details about the accident. There’s a lot going on and emotions are running high, so expecting to remember everything is a recipe for disaster. Here are seven things all riders should have on their bikes, in the event of an accident: A basic first aid kit Vehicle registration Emergency contacts – Helpful tip: label these “*EMERGENCY CONTACT” in your phone. Using * will make it easy to find at the top of your contacts list. Health and motorcycle insurance cards Allergy and medical information The name and number of a trusted attorney A phone or camera to take pictures of the accident  Often a smartphone can help store most of this information, but in case it gets damaged in the accident, it doesn’t hurt to have all of this information on paper as a backup, as well a pen/pencil and paper to take notes. Want to know more? Download our free Prepared Rider Kit, which has everything you and your family need to know about you and and your bike.

Highway Bill Passes the US Senate with Language De-Funding Motorcycle Only Checkpoints July 31, 2015 The United States Senate passed a six-year highway bill today with strong bi-partisan support.  The bill includes language that would end federal funding for motorcycle-only roadside checkpoints.  The bill also contains language defining three-wheeled automobiles, which are currently classified as motorcycles under federal law, as their own class of vehicle.  These amendments were included in the final version of the bill due to the tireless efforts of the Motorcycle Riders Foundation (MRF). Most motorcyclists have no objection with safety checkpoints as a whole.  However, we should have an objection to the practice of stopping only motorcycles at roadside checkpoints.  There is simply no justification for this practice, and motorcycle-only checkpoints tend not to be fruitful.  We need only to look at the large checkpoint that was set up during Rolling Thunder a few years ago to see that.  Those conducting the motorcycle-only checkpoint stopped 579 motorcycles over a period of seven hours and managed to write only 11 tickets; only four of which constituted a safety violation. The discriminatory nature of these checkpoints has led states such as California, Maryland, Missouri, North Carolina, and Virginia to prohibit these checkpoints within their borders.  Both New Hampshire and Illinois have passed laws prohibiting federal funds from being used to conduct motorcycle-only checkpoints.  However, being that motorcyclists travel across state lines on a regular basis, this legislation is important to all motorcyclists regardless of what their particular state does. From a personal standpoint I support safety checkpoints for all vehicles.  If I am on my bike and there is a safety checkpoint stopping all motorists I will gladly cooperate and subject myself to the brief detention connected with such a stop.  What I object to is being singled out from the motoring population as a whole due to the fact that I ride a motorcycle. The language defining three wheeled automobiles as their own class of vehicle is also of great importance to motorcyclists. The MRF worked to include this language in the final bill in order to prevent these vehicles, which are growing in popularity, from being included in motorcycle crash data.  Including motor vehicles which are not actually motorcycles in the corresponding crash data unfairly skews the data.  Some states have addressed this issue in their state code.  However, until it is addressed on the federal level we will continue seeing these three-wheeled automobiles included in federal motorcycle crash data. The bill now moves to the House of Representatives which will take it up in the fall.  The MRF will continue to work on this bill as it moves through the House. As always, if you have any questions or comments concerning what I have written please do not hesitate to contact me.  If you are not a member of the MRF and wish to join you may do so at the following link: http://www.mrf.org/join.php Matt Danielson McGrath & Danielson The Motorcycle Law Group 1-800-321-8968 Motorcyclelawgroup.com