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

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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

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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.