Helmet Bill

I am happy to report that we have a patron for our helmet choice bill.  Delegate Ben Cline as agreed to patron the bill.  Delegate Cline’s District Office is in Amherst Virginia and he has been a longtime supporter of individual rights.  He sits on the House Militia, Police and Public Safety Committee and is the chairman of the sub-committee in which the bill would most likely be heard.  That is the same sub-committee that unanimously killed the bill to prohibit children under eight from riding on motorcycles.  He is a well-respected member of the House of Delegates and will make a strong patron. 

We continue to believe that this year presents the best opportunity we have ever had to bring Virginia in line with the majority of other states that allow motorcyclists to choose how to best protect themselves.  We have worked with our lobbying team through the summer and fall to shore up support from longtime friends and to get commitments of support from key members of the Senate.  Martin, Chip and Susan have done an outstanding job of getting commitments from legislators whom in the past have shown no inclination to support such a measure.  Their help has been invaluable.  That being said we are a far cry away from being able to declare victory.   It is one thing to get commitments in September.  It is another thing to have them stay with you through January. 

As you know, VCOM has spent a considerable amount of money in this effort.  Much has been raised by Virginia motorcyclists and we are extremely grateful for that.  Our law firm has donated the $25,000 to VCOM that we pledged last year.  The amount needed to keep our lobbying team through session is $24,000.  We have $12,000 in the bank.   We are asking motorcyclists to raise an additional $12,000.  We know that this is a lot to ask but without help our chances of success decrease dramatically.  We have made much progress this summer and fall (my wife jokes that I need to get back to my paying job).  But this progress has been made without active opposition.  It’s like the difference between shooting at the range and in combat.  So far we have been at the range.  Come January we will have people shooting back.  And if in this analogy we consider money ammo, they have a lot more than we do.  That is why it was so critical to lay our foundation early. 

I will make this suggestion again.  If everyone on this list could get ten people to donate $10.00 that would be $100 per person.  If you are a member of an organization, get each member of your organization to collect $10.00 from ten people.  We could raise the money in no time. 

Again, I want to thank everyone and every organization who has worked this year to help this effort.  Your work has brought us closer than we have ever been.  I am not guaranteeing victory but I am guaranteeing, with your help, a hell of a good fight.  As I said before, there is no other group of people I would rather be fighting next to than you.

I was asked to include where to send donations.  The address is below:

 

Virginia Coalition of Motorcyclists

PO Box 4851

Richmond, VA 23220

Matt Danielson

Virginia Coalition of Motorcyclists

1-800-353-3971

Motorcycle Fatalities Down on Virginia Roadways
November 3, 2012

Preliminary Data released by the Virginia Highway Safety Office (VAHSO) shows that motorcycle fatalities for 2012 are down by 17.86% as compared to motorcycle fatalities for 2011 at this same time last year.  As of October 31, 2012 there have been 69 motorcycle fatalities in Virginia.  As of October 31, 2011 there were 84.  This is very good news for Virginia Motorcyclists.  By contrast, fatalities involving car occupants has increased by 3.11 % while fatalities involving bicyclists have increased by 33.33%.  While occupants of pickup trucks, vans and SUVs also saw decreases in fatalities, those decreases were not as large as the decrease in motorcycle related fatalities.

While even a single motorcycle fatality is one too many, we all understand that fatal crashes are a risk taken by every person who uses the public roadways regardless of the type of vehicle used or occupied.  We also understand that from year to year there will be a natural rise and fall in these numbers that are beyond human control.  For instance, some years will have more days that are conducive to motorcycle riding than others.  We would naturally expect to see a rise in fatalities during such years simply because there are more motorcycles on the roadways.

That being said, a drop in motorcycle fatalities is good news for motorcyclists on two levels.  The first and most important is that fewer of our brothers and sisters are dying.  That is good news for us and our loved ones.  The second is that when fatalities drop our state government is less likely to use its legislative power to attempt to protect us.  As we are only two months away from the Virginia General Assembly’s 2013 session we should all be sensitive to that.  Many of you remember the bill a few years ago that would have prevented motorcycles from using certain bridges when the weather forecast called for high winds.  That legislation was the result of a single motorcycle fatality.  Luckily the bill was ultimately withdrawn by the patron after sitting down with motorcyclists who were able to explain that high winds had not been a problem, and that motorcyclists do a very good job of determining when, and when not to use certain routes depending upon conditions and their own riding skills and experience. 

The Virginia Coalition of Motorcyclists has long taken the position that education is the single most effective measure to prevent motorcycle fatalities.  That means both rider education and awareness education.  We are lucky in Virginia.  We have a very strong rider education program, and a driver’s education system that makes motorcycle awareness part of its curriculum.

I think that I speak for all Virginia Motorcyclists when I say that I hope that we continue to see a decline in not only motorcycle fatalities but crashes as a whole.  Let’s each do our part to help that happen.  If you know a rider who has not yet taken a rider education course, encourage them to do so.  If it has been a while since you have taken one yourself, consider doing it.  The worst thing that could happen is that you will have spent a weekend riding and brushing up on your skills.  The best thing that could happen is that you could be Virginia’s next non-statistic.

As always, if you have any questions concerning the information in this article or on any other matter please feel free to contact me at 1-800-321-8968 or email me at matt@motorcyclelawgroup.com.
Matt Danielson
McGrath & Danielson
Tom McGrath's Motorcycle Law Group
1-800-321-8968
Motorcyclelawgroup.com

WOW this is fantastic, just got off the phone with Buzzy. Mary Jane said $8,260.00 was raised for Kenny on Sunday’s event. That figure includes the $250 that our club gave him. Mary Jane pulled off a really big event considering her husband Bo passed away right in the middle of her planning this. This says a lot about the character of this woman and how much she cares for people. We will be recognizing her with a plaque for what she did for one of our own.  Taking into consideration her own personal heartbreak. Just a remarkable lady and wonderful person.

On behalf of every Hill City SCRC member involved in "The Kenny McGuire Event”, I want to take this opportunity to express my sincerest thanks for your contribution, your attendance, and participation. This was such a fantastic day for Kenny you can’t put into words the satisfaction that came from seeing Kenny smile all day. Kenny was amazing; he hung in there all day. I had some long talks with Kenny Sunday, and will treasure everything we discussed. What a blessing to have such a family like we have with this group of people. This club and its members are remarkable you never stop astonishing me with the compassion and thoughtfulness when needed. Hill City you make me proud to be associated with all of you, I know Kenny loves every one of you. Thanks for a great day devoted to our brother Kenny. I saw this bible verse the other day, and man it sure does make me think of all of you.

Galatians 6:2- Bear one another’s burdens, and so fulfill the law of Christ.

 

A special thanks to Buzzy & Kathy Cook for all there help.

A big Thank you to Michael Beatey who donated the 50/50 money back to Kenny, which was $248.00 I believe.

Phil “Jacker” Stanley

1^st Officer Hill City Chapter #138

Southern Cruisers Riding Club

Lynchburg, VA

Ride For Kenny

RIDE FOR A FRIEND

For Kenny “LOSKOZ” McGuire

On October 21

Friends & Family of

Kenny “LOSKOZ” McGuire

Will be hosting a benefit run for Kenny and building a wall in his honor made of paper blocks.

Individual Block - $25

Business Sponsorship Block – $50

With company logo

Kenny is a long time member of the Southern Cruisers Riding Club, Hill City Chapter.  He has been diagnosed with terminal cancer.

Mary Jane’s Café

826 Kemper St

October 21, 2012

Mary Jane Abbott

434-420-3588

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

 

Devils Backbone Brew Pub Ride 

SEPTEMBER 22^nd 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

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