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.

Highway Bill Passes the US Senate with Language De-Funding Motorcycle Only Checkpoints July 31, 2015 The United States Senate passed a six-year highway bill today with strong bi-partisan support.  The bill includes language that would end federal funding for motorcycle-only roadside checkpoints.  The bill also contains language defining three-wheeled automobiles, which are currently classified as motorcycles under federal law, as their own class of vehicle.  These amendments were included in the final version of the bill due to the tireless efforts of the Motorcycle Riders Foundation (MRF). Most motorcyclists have no objection with safety checkpoints as a whole.  However, we should have an objection to the practice of stopping only motorcycles at roadside checkpoints.  There is simply no justification for this practice, and motorcycle-only checkpoints tend not to be fruitful.  We need only to look at the large checkpoint that was set up during Rolling Thunder a few years ago to see that.  Those conducting the motorcycle-only checkpoint stopped 579 motorcycles over a period of seven hours and managed to write only 11 tickets; only four of which constituted a safety violation. The discriminatory nature of these checkpoints has led states such as California, Maryland, Missouri, North Carolina, and Virginia to prohibit these checkpoints within their borders.  Both New Hampshire and Illinois have passed laws prohibiting federal funds from being used to conduct motorcycle-only checkpoints.  However, being that motorcyclists travel across state lines on a regular basis, this legislation is important to all motorcyclists regardless of what their particular state does. From a personal standpoint I support safety checkpoints for all vehicles.  If I am on my bike and there is a safety checkpoint stopping all motorists I will gladly cooperate and subject myself to the brief detention connected with such a stop.  What I object to is being singled out from the motoring population as a whole due to the fact that I ride a motorcycle. The language defining three wheeled automobiles as their own class of vehicle is also of great importance to motorcyclists. The MRF worked to include this language in the final bill in order to prevent these vehicles, which are growing in popularity, from being included in motorcycle crash data.  Including motor vehicles which are not actually motorcycles in the corresponding crash data unfairly skews the data.  Some states have addressed this issue in their state code.  However, until it is addressed on the federal level we will continue seeing these three-wheeled automobiles included in federal motorcycle crash data. The bill now moves to the House of Representatives which will take it up in the fall.  The MRF will continue to work on this bill as it moves through the House. As always, if you have any questions or comments concerning what I have written please do not hesitate to contact me.  If you are not a member of the MRF and wish to join you may do so at the following link: http://www.mrf.org/join.php Matt Danielson McGrath & Danielson The Motorcycle Law Group 1-800-321-8968 Motorcyclelawgroup.com

Motorcycle Riders Foundation Release June 4, 2015

This was just released by the Motorcycle Riders Foundation   On June 4th the United States House of Representatives agreed to an amendment to the 2016 Transportation, Housing and Urban Development Appropriations bill that struck a provision that would have overturned the U.S. Department of Transportation lobby ban. The measure was approved on the House floor reports the Motorcycle Riders Foundation. The Amendment offered by Congressman Tim Walberg (R-MI) along with Mr. Sensenbrenner (R-WI) and Mr. Ribble (R-WI), eliminates a provision in the 2016 Transportation, Housing and Urban Development Appropriations act that would have allowed the Secretary of Transportation to discuss motorcycle safety initiatives with state legislators. The Motorcycle Riders Foundation thanks Congressman Walberg, Sensenbrenner, and Ribble for their dedication to freedom and motorcycling. In 1998 Congress passed a law that made it illegal for the U.S. Department of Transportation (USDOT) to lobby state legislatures on any issue. Prior to 1998, according to the Government Accountability Office (GAO), USDOT had spent tens of thousands of dollars traveling to states whenever a state debated changing their own state helmet law or any other law that USDOT deemed worthy to interfere on. Seeing this as a waste of taxpayer money, the congress prohibited anyone from USDOT to lobby states uninvited. Mr. Walberg had this to say, “The federal government should not be in the business of lobbying state and local officials with federal money.” He added, “I believe the most effective way to reduce motorcycle injuries and fatalities is to prevent these crashes from occurring in the first place, Madam Chairperson, that means putting between the ears as opposed to simply on the head.” See the Walberg video here: https://www.youtube.com/watch?v=pHIMdT7ycfc “I cannot think of a single issue where the federal government should waste resources lobbying a state entity for something that the state doesn't want”, said Jeff Hennie, Vice President of Government Relations and Public Affairs for the Motorcycle Riders Foundation. He added “With such limited, precious motorcycle safety funds, they need to be used in areas of safety that are proven, not for bureaucratic waste.” The Motorcycle Riders Foundation (MRF) thanks everyone who made calls on this important issue; your participation was key in getting this amendment to pass.

RECALL

Harley-Davidson Recall April 26, 2015

Please see the following announcement from the Motorcycle Riders Foundation that was released on April 24, 2015: HD recall - http://abcnews.go.com/Business/wireStory/harley-recalls-46000-motorcycles-30559287 Harley-Davidson is recalling nearly 46,000 motorcycles in the U.S. because they could stay in gear due to clutches that won't fully disengage. The recall covers certain Electra Glide, Ultra Limited, Police Electra Glide, Street Glide, Road Glide and Road King models from the 2014 and 2015 model years. Harley-Davidson Motor Co. said in documents that gas bubbles can cause the clutch master cylinder to lose its ability to fully disengage the clutch, especially if the bike has been parked for a long time. This could cause a rider to lose control of the motorcycle if it's started in gear. The problem was found through customer complaints. Harley reported 27 crashes and four minor injuries. Dealers will flush the clutch and rebuild the master cylinder. The recall was to start April 23 Matt Danielson McGrath & Danielson The Motorcycle Law Group 1-800-321-8968 Motorcyclelawgroup.com

Pot Holes

Report Potholes to VDOT March 19, 2015

My good friend and longtime member of the Virginia Coalition of Motorcyclists passed the below message on to me and suggested that I put it out to this list.  I know that this time of year the roads can be treacherous to motorcyclists due to the potholes that pop up all over the state.  Thanks Lee. Matt Danielson McGrath & Danielson The Motorcycle Law Group 1-800-321-8968 Motorcyclelawgroup.com It looks like winter may finally be behind us, but the warmer spring temperatures have also heralded the start of "pothole season." Because we had a very wet winter of heavy snow and rain, along with several freeze-thaw cycles, you may notice a lot of potholes in the roads. Potholes occur when the pavement is weakened by moisture seeping into the pavement, freezing, expanding and then thawing. Traffic driving over the roads loosens the pavement further, and it eventually crumbles, causing a pothole. If you see a pothole you may report the problem to VDOT online here or by calling 1-800-FOR-ROAD (1-800-367-7623). VDOT will investigate each report and will schedule repairs as soon as possible. http://virginiadot.org/travel/citizen.asp  Let's keep the VDOT repair trucks busy until all the potholes are filled!