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

Motorcyclelawgroup.com

“American Dresser” Modern Day Film About Motorcycle Trip

Long Island, NY - July 9, 2012 - Go With The Flo Films has just signed Stephen Lang to play the role of John Moore in the upcoming film “American Dresser” to begin shooting in Long Island, NY this September. Written, produced and directed by Long Island native Carmine Cangialosi, ”American Dresser”is a modern day western where old friends John Moore and Charlie Wildhorse are brought together by unfortunate circumstances that turn into an opportunity for both to fulfill a life long dream of riding their motorcycles across country, out West from New York. On the open road, the ride takes an unexpected turn in the form of a young loner named Willie. After some problems, the three men from two different generations slowly begin to understand one another, while learning something about themselves as they cross the diverse country. The adventures they encounter along the way will last a lifetime, making the heart pump and the imagination run wild.

 The motorcycles in the film will be from 20^th Century Cycles of the famed collector, singer, producer, pianist and one of Long Island’s greatest exports, Billy Joel who is a consulting producer on the film.
Stephen Lang, best known for his roles in Avatar, Tombstone, Conan The Barbarian, The Men Who Stare at Goats andGettysburg will play the role of John Moore. He is your average everyday husband, father, and provider for his family.  If it were up to him, he wouldn’t have changed a thing.  But unfortunately, you don’t always get the opportunity to choose the road we must travel.
Carmine Cangialosi was quoted by Newsday as the “Cecil B. Demille of Long Island Film Making.” His first film “The Beach House”won the Audience Choice Award at the Stony Brook Film Festival selling out a 400-seat theatre in one day.Debbie Markowitz, President of the Long Island International Film Expo acknowledged Carmine at the Award Ceremony for his diverse originality for his 2 films,“Take It Easy Bob” (short-thriller), and “The Beach House” (full length comedy).
Carmine also volunteers his time with film students at Five Towns College, has appeared on News 12, The Indie Film Channel, and Hamptons News Channel.  He has been featured on E! and IFC, WBAB, 98.5 The Bone, Stony Brook and Nassau County college local radio stations and mentioned in such papers as The New York Post, Newsday, Dan’s Papers and Great South Bay Magazine. 

 Please stay tuned for more information on American Dresser and visit here:   http://www.americandresser.com/

House Bill Approved To Exempt Kids’ Off-Highway Vehicles From Lead Law

PICKERINGTON, Ohio — The U.S. House has approved legislation by a vote of 421-2 to exempt kids’ off-highway vehicles (OHVs) from the lead law that essentially bans the sale of those machines at the end of the year, the American Motorcyclist Association reports.
On Aug. 1, Reps. Mary Mack Bono (R-Calif.) and G.K. Butterfield (D-N.C.) introduced H.R. 2715 to grant the exemption. The measure earned House approval later in the day and now goes to the Senate for consideration.
The Senate is considering similar legislation — S. 1448, the Consumer Product Safety Flexibility Act of 2011.
“This is excellent news for families around the nation who enjoy responsible motorized recreation,” said Rob Dingman, AMA president and CEO. “Now the challenge will be to get our federal lawmakers to agree on one version of the bill and to send it to President Obama to be signed into law.
“It is vital that a lead-law exemption for OHVs be signed into law not only because it will once again allow families to enjoy riding together, but also so that children aren’t forced to ride adult-sized machines that they may not be able to operate safely,” Dingman said.
The legislation exempts OHVs — including kids’ dirtbikes and all-terrain vehicles (ATVs) — from the Consumer Product Safety Improvement Act (CPSIA) of 2008.
The CPSIA bans the making, importing, distributing or selling of any product intended for children 12 and under that contains more than a specified amount of lead in any accessible part. It also requires all children’s products undergo periodic testing by independent laboratories approved by the Consumer Product Safety Commission (CPSC), which is responsible for implementing the law.
http://www.usridernews.com/2011/08/02/house-bill-approved-to-exempt-kids-off-highway-vehicles-from-lead-law/

I want to remind everyone of the changes to Virginia code that went into effect yesterday.  The first is § 46.2-103 which governs the stopping of motor vehicles by law enforcement.  It has been amended to make clear that law enforcement does not have the authority to conduct motorcycle only checkpoints in Virginia.  The code now reads as follows:

Except as prohibited by § 19.2-59, on his request or signal, any law-enforcement officer who is in uniform or displays his badge or other sign of authority may:

1. Stop any motor vehicle, trailer, or semitrailer to inspect its equipment, operation, manufacturer's serial or engine number; or

2. Stop any property-carrying motor vehicle, trailer, or semitrailer to inspect its contents or load or to obtain other necessary information.

Nothing in this section, however, shall be construed to authorize the establishment on any highway of police check-points where the only vehicles subject to inspection are motorcycles.

The second change is to § 46.2-857 which is the statute that makes it reckless driving to drive a motor vehicle abreast of another motor vehicle in a single lane.  The change that went into effect yesterday makes it legal for two two-wheeled motorcycles to travel abreast in a single lane.  The code now reads as follows:

A person shall be guilty of reckless driving who drives any motor vehicle so as to be abreast of another vehicle in a lane designed for one vehicle, or drives any motor vehicle so as to travel abreast of any other vehicle traveling in a lane designed for one vehicle. Nothing in this section shall be construed to prohibit two two-wheeled motorcycles from traveling abreast while traveling in a lane designated for one vehicle. In addition, this section shall not apply to (i) any validly authorized parade, motorcade, or motorcycle escort, (ii) a motorcycle traveling in the same lane of traffic as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall it apply to (iii) any vehicle when lawfully overtaking and passing one or more vehicles traveling in the same direction in a separate lane.

These changes to Virginia code reflect the hard work and cooperation of motorcyclists across the Commonwealth.  It also demonstrates that we are not hostages of the system.  If we disagree with a law we have the collective power to change it.  We have proven that time and time again.

As always, if anyone has any questions or comments about anything that I have written please do not hesitate to contact me.  In the meantime I wish everyone great riding and cool weather (please).

Matt Danielson

McGrath & Danielson

Tom McGrath's Motorcycle Law Group

1-800-321-8968

4th of July Events

-The Academy of Fine Arts July 4th One-Miler takes off at 8 a.m. at Fifth and Commerce streets, Lynchburg. Three races: Red for kids 12 and younger; White for those 40 and older; Blue for those ages 13 to 39. Registration 7 to 7:45 a.m.; $15 on race day. Proceeds benefit the Academy’s visual arts program. Call (434) 846-7449 or visit www.riversiderunners.com.

-Beach music legends the Embers and the bluegrass band Fescue will play, 3 to 8 p.m., at Bernard’s Landing, Smith Mountain Lake. Food, beverages provided. Tickets: $15 per person at the door. Call (540) 721-0017.

-The Blue Ridge Parkway will host a day of picnics, parades and patriotism. Participants can walk to the summit of Sharp Top Mountain at the Peaks of Otter to view the fireworks in towns and cities below. Meet rangers and volunteers at 7 p.m. at the Nature Center (just off Virginia 43 about two blocks from the Visitor Center, milepost 86) for the three-mile walk on the bus road. Bring water, flashlight. Free. Call (540) 586-4496.

-LibertyFest goes on from 5 to 11 p.m. at the Bedford Farmers Market, Centertown. Live music, entertainment from 6:30 to 10:30 p.m. Watch the fireworks show that will launch from the D-Day memorial. Children’s activities, arts and crafts, and The Beer & Wine Café. Admission: $5 per person, children 12 and younger, free. Call (540) 586-2148 or visit www.centertownbedford.com

-Poplar Forest’s Patriotic celebration begins at 1 p.m. Period music by the Itinerant Band; reading of the Declaration of Independence at 1:30 p.m. See “The Spirit of Thomas Jefferson,” a batteau reproduction. View work of visiting artist Gene Villiva of Eugenio. Picnics welcome. Call (434) 525-1806 or visit www.poplarforest.org.

-Red Hill, Brookneal, activities including delivery of Patrick Henry’s famous speech by his sixth great-grandson and post-9 p.m. fireworks. Music by The Overtime Band at 5 p.m. Food available from 3 p.m. Admission: $10 per vehicle (eight or fewer passengers; extra passengers are $2 per person; motorcoaches call in advance). Call (800) 514-7463 or visit www.redhill.org and www.patrickhenry.com.

-The Lynchburg Hillcats will have fireworks following their 7:05 p.m. game at the Lynchburg City Stadium.

Saturday

-Independence Day activities at the Peaks of Otter feature a concert by string band, Breakin’ Nu Ground, 6:30 to 8:30 p.m., amphitheater behind the Visitor Center. Followed by a ranger-led night hike; Bring a flashlight. Free. Call (540) 586-4496.

-A Revolutionary War Tour begins at 10 a.m. at the Old City Cemetery. View the graves of five Revolutionary war soldiers; led by costumed re-enactor. Meet at the Gatehouse, Fourth and Taylor streets. Free. Call (434) 847-1465.

-The Saunders Volunteer Fire Company will present the 2008 Smith Mountain Lake Fireworks Celebration at Parkway Marina. Activities begin at 5:30 p.m. with music by The Worx; also, a car show and the 1954 Carousel. Free admission; parking fee will be charged. Call (540) 297-4412 or visit www.smlfireworks.org.

-The Lynchburg Hillcats will have fireworks following their 6:05 p.m. game at the Lynchburg City Stadium.

I want to make everyone aware of a situation that arose last week.  If you are aware of anyone else who has experienced a similar situation please let me know or have them contact me.

I received a telephone call from a gentleman who was injured in a single vehicle accident.  He freely admitted that he was to blame.  He merely lost control momentarily and went down.  It can happen to the best of us.  His concern was his hospital bill. 

His primary health insurance is Medicare and he has no medical expense coverage on his motorcycle.  When he went to the emergency room he provided the hospital with all of his insurance information.  Last week the hospital sent him a letter which he provided to me.  The letter states in pertinent part the following:

“We are aware that you have Medicare as primary and Mutual of Omaha as secondary insurance, however we cannot bill Medicare for an motorcycle accident.”

Apparently the hospital is under the belief that if you are injured on a motorcycle that Medicare does not and will not cover you.  That is clearly not the case. 

We are assisting him at no charge being that this is of importance to all motorcyclists.  Hopefully this is an isolated incident.  However, many times we see trends in the insurance industry and we want to take care of this one early if that is the case.  If you are anyone that you know has experienced a similar situation please let us know. 

I will let you know the outcome of this incident once it is resolved.  As usual, if anyone has any questions or comments about this or any other matter upon which I have written please feel free to contact me.  Until next time I wish each of you good riding.

 

Matt Danielson

McGrath & Danielson

Tom McGrath's Motorcycle Law Group

1-800-321-8968

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