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

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