Injuries and Fatalities Down

Virginia Motorcycle Injuries and Fatalities Down in 2013

February 17, 2014 The preliminary motorcycle crash data for 2013 has been released by the Virginia Department of Motor Vehicles.  The news is good.  Motorcycle crashes, injuries, and fatalities are down dramatically from last year.  While this is very good news, it is a cause for some concern for 2014.  I will explain that in a moment.  First, let’s look at the data.

In 2013 there were 60 motorcycle crash fatalities compared to 77 in 2012.  That is a decrease of 22%.  Further, there were 571 crashes involving serious injury in 2013 compared to 846 in 2012.  That is a 32.5% decrease in motorcycle crashes involving serious injury.

The numbers become even starker when we look at total motorcycle related injury crashes over the last four years.  In 2010 there were 1,848 motorcycle related injury crashes compared to 1,875 in 2011 and 1,987 in 2012.  In 2013 there were 1,222 motorcycle related injury crashes.  Additionally, in each of the three previous years, motorcycle related injury crashes made up 4% of total injury crashes in Virginia.  In 2013 motorcycle related injury crashes made up 3% of total injury crashes in Virginia.

Now here comes the part that causes me concern.  People will look at this data and ask what it means.  I would hope that continued focus on training and education had something to do with these numbers.  However, crash data can vary from year to year based upon factors that have nothing to do with training, education or equipment.    For example, weather and gas prices can affect motorcycle crash data.  If one year is dry and warm and the next is cold and damp, we would expect to see fewer motorcycle crashes in the cold and damp year since fewer motorcycles are on the road.  When gas prices go up we see more motorcycles on the road as people opt for their most fuel efficient vehicle.

My concern is that such a significant drop in crashes, injuries, and fatalities has to be due in part to factors outside of the control of both motorcyclists and the government.  It is the latter group that concerns me the most.  In 2014 the uncontrollable factors could very well change and we could see a significant rise in motorcycle crashes.  Historically when that happens, our elected officials become eager to step in to take legislative action.  It is an inherent need on their part to take action even if that action will, in all reality, have no impact on motorcycle safety.

So what can we as motorcyclists do about this if some of what affects motorcycle crash data is outside of our control?  We can continue to focus on those things over which we do have control.  We can continue to pursue a strategy for motorcycle safety which focuses on crash avoidance.  We can continue to hone our skills both on our own and through the many quality motorcycle training courses that are available to us in Virginia.  We can also police ourselves.  If we as riders want to protect and preserve riding as we know it, then we need to step in when appropriate and  make sure that others understand that their reckless behavior not only has a potential impact on them, it has a potential impact on all of us.  If we do those things, we may not be able to erase the effect that outside forces have on motorcycle crash data, but we can certainly lessen the impact.

As always, if you have any questions or comments concerning anything that I have written please feel free to contact me.
  Matt Danielson
McGrath & Danielson
Tom McGrath's Motorcycle Law Group
1-800-321-8968
Motorcyclelawgroup.com

Second Annual Bikes on the Border

Reminder - Second Annual Bikes on the Border

February 9, 2014

I wanted to remind anyone who is interested that the Second Annual Bikes on the Border will be held from March 21 to 23, 2014 in Kings Mountain North Carolina.  The host hotel is the Holiday Inn Express Kings Mountain, NC at 100 Woodlake Pkwy., Kings Mountain, NC.  Room rates are $75.00.  Call 704-734-0014 for reservations.  A block of rooms has been set aside for the conference.

The Actual conference will be held on Saturday March 22nd at the H. Lawrence Patrick Conference Center at 909 E. King St., Kings Mountain, NC.  It is 1.8 miles from the host hotel.  Topics will include

- Federal legislation affecting motorcyclists.
- Lobbying 101 – A panel discussion on effective lobbying on both the state and federal level.
- Insurance law and how it affects motorcyclists.
- How to deal with toxic members in your motorcycle rights organization.
- A roundtable discussion among all attendees on issues of importance to motorcyclists in your state.

There is a $25.00 registration fee which includes a t-shirt and a ticket to the banquet Saturday night.  Walk-ins are welcome at the conference, but those who register will have guaranteed seating.  Additionally only registrants will receive banquet tickets and t-shirts.  You may register by check made payable to McGrath & Danielson, PO Box 5424, Richmond, VA 23220.  You may also register using PayPal at http://motorcyclelawgroup.com/bikes-on-the-border/

This year’s banquet will feature a silent auction and a 50/50 with all proceeds going to the Motorcycle Riders Foundation.  If you have items for the silent auction please contact Rob Griffin at rob@motorcyclelawgroup.com.

If you can make the conference, plan to arrive Friday evening for fellowship over a few beverages in the hospitality room.  Also plan to stay around Sunday morning for a guided tour of the Kings Mountain Battlefield Park.  You may also want to make a stop at the 40^th Annual CBA Swap Meet & Bike Show at the Metrolina Expo, 7100 Statesville Rd., Charlotte, NC 28269.  We look forward to another interesting and productive Bikes on the Border. 
  Matt Danielson
McGrath & Danielson
Tom McGrath's Motorcycle Law Group
1-800-321-8968
Motorcyclelawgroup.com

BioFuel Bill

Federal Bill of Interest to Motorcyclists

February 5, 2014

The Motorcycle Riders Foundation reports that the United States House of Representatives has passed a bill that would end a federal subsidy for biofuel blender pumps in rural areas. The measure passed by a vote of 251-166.  The Senate is expected to vote on the matter next week and there is little that those in support of the subsidies can do to reinstate the money. President Obama is expected to sign the legislation into law. Putting an end to these subsidies will likely result in less biofuel blender pumps in the market place and therefore less E-15 fuel.  As most of you know, E-15 is gasoline that is blended with 15% ethanol.  Obviously that is a 50% increase in ethanol over the standard E-10 that most of us are used to seeing and using.  There are questions regarding how E-15 will affect engines, especially smaller ones.  The Motorcycle Industry Counsel claims that E-15 could affect engine durability and deterioration.  Further, if your motorcycle is damaged by E-15, you have no legal recourse.   Passage of this bill should be welcome news to all motorcycle riders.   Matt Danielson McGrath & Danielson Tom McGrath's Motorcycle Law Group 1-800-321-8968 Motorcyclelawgroup.com

Bill 1215 Being Heard Tomorrow

House Bill 1215 Being Heard Tomorrow January 27, 2014

We have learned today that House Bill 1215 is scheduled to be heard in the House Transportation Committee tomorrow morning at 8:30 a.m.  This bill makes it reckless driving when a person kills or seriously injures another person during the commission of most right of way violations.  Under current law a person who kills another or causes a serious injury faces a charge of failure to yield the right of way which carries only a fine.  HB 1215 not only gives the court the power to impose jail or suspend a license if appropriate, it forces the charged party to appear in court to answer for the charges rather than simply pre-pay the ticket.  You can read the full text at: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB1215 Normally a bill would be assigned to a sub-committee before being heard but this one has been sent straight to the full Transportation Committee where the committee can send the bill to the full House, kill the bill, or re-refer it to the Courts of Justice Committee. There are several important aspects of this bill that should be shared with the committee members.   The bill does not carry a mandatory punishment but instead gives the court additional tools to fashion an appropriate punishment for someone who kills or seriously injures another on the highways. The bill forces someone who kills or seriously injures another on the highway to appear in court to answer charges rather than simply pre-pay a fine. The bill still allows the court to convict for the lesser included offense of improper driving when the court feels that the facts justify such a finding. If you have any questions or comments concerning this bill please feel free to contact me.

LOBBY DAY

Motorcycle Lobby Day

January 17, 2014

I want to remind everyone that this Monday is Motorcycle Lobby Day at the Virginia General Assembly.   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 19, from 12:00 p.m. until we get through, Virginia Coalition of Motorcyclists lobbyists will lead an informational meeting at the Four Points by Sheraton at 4700 South Laburnum Avenue, Richmond, VA 23231 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 20th, 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 Tom McGrath's Motorcycle Law Group takes everyone to lunch as a thank you for coming to support Virginia Motorcyclists.

This year we have numerous bills of interest to Virginia motorcyclists.  We have two bills to modify the definition of a motorcycle, and to create a new classification of motor vehicles called autocycles.   In recent years we have seen numerous three wheeled vehicles on the market which are, for all purposes, three wheeled cars.  They are controlled by a steering wheel as well as a foot controlled brake and throttle.  Yet under current Virginia law these vehicles are motorcycles.  There is legislation to make these vehicles autocycles and to further clarify the definition of a motorcycle. 

As always, there will be numerous bills submitted at the last minute which will negatively affect motorcycling.  As these bills are filed, we will be able to identify them and discuss them at lobby day so that we can convince the legislators why they are bad bills.  Those who have participated in Lobby Day in the past remember bills that we have killed 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 killed that one with the help of all of those who participated at Lobby Day.  A few years ago we also defeated a bill that would have prohibited children under eight from riding on a motorcycle as a passenger by pointing out that the 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.

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 can call VCOM at (800) 437-9434.  For Room Reservations call (804) 226-4300.  As the hotel accommodations were just secured, room blocks may not be available until after December 15.  We hope to see you at lobby day.

Matt Danielson
McGrath & Danielson
Tom McGrath's Motorcycle Law Group
1-800-321-8968
Motorcyclelawgroup.com

New bill HB1215 1-17-14

January 17, 2014 We have a bill which was filed today.  HB 1215 increases the penalty for persons who kill or seriously injure another person by violating their right of way.  You can follow that bill at:  http://lis.virginia.gov/cgi-bin/legp604.exe?ses=141&typ=bil&val=hb1215&submit=GO You can read the full text at: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB1215 Matt Danielson McGrath & Danielson Tom McGrath's Motorcycle Law Group 1-800-321-8968 Motorcyclelawgroup.com

2 New Bill Filed 1-8-13

More Bills Filed that are of Interest to Motorcyclists January 8, 2014

More bills were filed that, while not directly aimed at motorcyclists, are of interest to us.  VCOM will be watching these bills closely. HB 441 has been introduced by Delegate Farris. Delegate Farris represents the Rustburg area of Virginia.  The bill requires that any new insurance policy insuring a motor vehicle known to the insurer to be a salvage vehicle to contain, if the policy provides collision or comprehensive coverage, a notice that (i) the motor vehicle is a salvage vehicle and (ii) in the event of an accident in which the motor vehicle is declared a total loss, the insured will be paid less money than he would if a salvage certificate had not been issued for the vehicle due to fact that the actual cash value of a salvage vehicle is generally less than it is for motor vehicles that are not salvage vehicles. The bill also requires an appropriate reduction in premium charges for those motor vehicles for which a salvage certificate has been issued. Many motorcyclists who have had their motorcycles totaled have chosen to retain the motorcycle and put it back on the road.  Many have continued to pay insurance premiums in the same amount as they had prior to the accident, even though the motorcycle was no longer worth what it was prior to the accident.  This bill makes sure that the insured motorist knows that his or her vehicle is worth less, and makes sure that the insurance company does not continue to charge the same premium for a motor vehicle that is worth less.  VCOM supports this bill and will continue to watch it closely. If you wish to follow the progress of this bill you may do so at http://lis.virginia.gov/cgi-bin/legp604.exe?ses=141&typ=bil&val=hb441 If you wish to read the full text of the bill you may do so at http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB441 Another bill of interest to motorcyclists is HB 542 which was filed by Delegate Delores McQuinn of Richmond.   The bill concerns wearing a mask in public.  Currently wearing a mask in public is a class six felony.  There are certain exceptions to the statute, such as wearing certain protective equipment that covers your face (motorcycle helmet), or wearing masks on certain holidays.  However, we have seen instances around the state where motorcyclists who were wearing cold weather protection which covered their face were pulled over and forced to remove the covering.  The officers have cited the statute against wearing a mask in public.  The Supreme Court of Virginia has ruled that the statute carries with it a requirement that the person be wearing the mask with an intent to conceal their identity.  What this bill does is make that clear in the statute.  The bill clarifies that it is only illegal to wear a mask in public if you are doing so to conceal your identity, not if you are simply trying to stay warm.  VCOM supports this bill.  If you wish to follow the progress of this bill you may do so at http://lis.virginia.gov/cgi-bin/legp604.exe?ses=141&typ=bil&val=hb542 If you wish to read the full text of the bill you may do so at http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB542 As always, if you have any questions or comments about any of the above, please do not hesitate to contact me.  In the meantime, I will continue follow up with any future news on these or any other bills of interest to motorcyclists. Matt Danielson McGrath & Danielson The Motorcycle Law Group 1-800-321-8968 Motorcyclelawgroup.com