If you or anyone that you know received such a ticket at the Virginia Beach Bike Classic please contact me and I will represent you at no charge. These charges are improper given the law in Virginia . For those in favor of mandatory helmet use this is not an attack on helmets. I respect the right of every motorcyclist to hold an opinion on this matter. However this is not about helmets, it is about ensuring that the police follow the law. If they are going to stop and charge people they should at least be familiar with the statutes under which they are charging them.

I also want to reiterate that I am not anti-law enforcement. As an ex police officer and an ex prosecuting attorney I have an extensive law enforcement background. However, to many times I see motorcyclists charged for not wearing a helmet approved by DOT when the law in Virginia does not require that a helmet be approved by anyone. I also see tickets for illegal exhausts merely because the officer does not like the sound of the exhaust. I have seen tickets for improperly mounted license plates merely because the license plate is mounted vertically instead of horizontally. Virginia law does not prohibit vertically mounted license plates. I have even seen a few handle bar height tickets when that law was repealed in 2003. You are not guilty of an offense simply because an officer says that you are. You are only guilty if you have violated a statute or ordinance. A great number of people charged at the Virginia Beach Bike Classic did not violate any state or local law.

That is why I think it is important to challenge these tickets even though they are non-moving violations. If we as motorcyclists merely pre-pay them because it is too much of a hassle to go to court and fight then we will continue to receive improperly issued tickets. So if you have received such a ticket please contact me and I will be happy to take the case(s) at no charge.

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

Jim and I will be working a few last delegates tomorrow morning before the noon session. I will let you know of the final vote. Should you wish to email your delegate one more time in support of this bill, the contact information for every delegate can be found at the following link:

http://lis.virginia.gov/111/mbr/MBR.HTM

As for SB 740, Senator Lucas’s bill which would close just about every major bridge in Hampton roads to motorcyclists when the National Weather Service is calling for high winds was stricken at the request of the patron. That bill is now dead. I have no doubt that hearing from Virginia Motorcyclists was a large reason for the pulling of that bill.

Finally, we now know to which sub-committee HB 1850 is going. As you will recall that is the bill sponsored by Delegate Stolle which would prohibit children under 8 from riding on a motorcycle. Our latest statistics show no fatalities of children under 8 who were passengers on motorcycles in the last ten years. Since 2005 there have been 15 injuries of children under 8 who were passengers on motorcycles. There is simply no need for this bill as we the parents are doing a very good job deciding for ourselves when OUR kids are ready to ride.

The bill will be going to the House Police, Militia and Public Safety Committee, Subcommittee # 2. Below are the members of that sub-committee and their email addresses. I would encourage everyone to email each member of the subcommittee to voice your opposition to this bill.

Delegate Cline (Chair) – DelBCline@house.virginia.gov
Delegate Athey – DelCAthey@house.virginia.gov
Delegate Cleaveland – DelWCleaveland@house.virginia.gov
Delegate Wilt – DelTWilt@house.virginia.gov
Delegate Shuler – DelJShuler@house.virginia.gov

As always if you have any questions, comments or suggests please feel free to contact me.

Matt Danielson
McGrath & Danielson
Tom McGrath’s Motorcycle Law Group
1-800-321-8968
www.motorcyclelawgroup.com

Now contact your delegate an ask them to not support this bill.

The Virginia Coalition of Motorcyclists (VCOM) strongly opposes this bill. In an effort to understand the reasoning behind this bill, Jim Cannon and I met with Delegate Stolle this morning. He advised us that the bill was introduced at the request of the Chief of Police of Virginia Beach. The Delegate also clearly believes in this bill. His reasoning was that Virginia
Code already requires children under age eight to be restrained when traveling in any motor vehicle and that this bill merely clarifies the code. He also felt it was a safety issue. Despite our arguments he held firm to his position.

Let’s look at the Delegate’s arguments. First, Virginia Code Section 46.2-1095 requires that any person who drives on the highways of Virginia any motor vehicle manufactured after January 1, 1968, shall ensure that any child, up to age eight, whom he transports therein, is provided with and properly secured in a child restraint device. (emphasis added). You do not
place a child in a motorcycle. It is impossible to get in a motorcycle. You get on a motorcycle and therefore the child is being transported thereon not therein. As such this section does not apply to motorcycles. When this legislation passed not a single member of the General Assembly was considering motorcycles. If the delegate wants to clear up the code he can do so by adding motorcycles to section E of the statute which lists vehicles
to which the statute does not apply, such as taxicabs, school buses and limousines.

The Delegate’s safety argument also fails. According to the Virginia Department of Motor Vehicles there have been fourteen children age eight and under injured as motorcycle passengers over the past three years. That is an average of less than five per year. There have been no deaths in the past three years. How is this safety issue? It seems to me that the motorcycling parents of this Commonwealth are doing a pretty good job of deciding for
themselves when their children are ready to be motorcycle passengers.

I would urge all motorcyclists to call and/or email Delegate Stolle and voice your concerns over HB 1850. Delegate Stolle’s phone number is (804) 698-1083. His email address is DelCStolle@house.virginia.gov

I would also urge you to contact your legislator and let him or her know how you feel. You can find the contact information for every legislator at the following link:
http://lis.virginia.gov/111/mbr/MBR.HTM

It is of great importance do this now. The session is only 45 days long and this bill could come up in sub-committee soon. When VCOM receives notification of the subcommittee meeting we will put out another notification so that anyone who wishes to attend can. The more motorcyclists we have in sub-committee the more likely we can defeat this assault on the rights of motorcyclists. You can also follow VCOM on twitter @VAMotorcyclist.

I would also strongly urge you to attend Lobby Day this Monday, January 17, 2011. Come to the Capitol with other motorcyclists and tell Delegate Stolle and other legislators how you feel about this bill and other matters of interest to Virginia Motorcyclists. There will be a legislative meeting starting at 1:00 p.m. on Sunday January 16 at the Holiday Inn Airport in
Sandston, VA. We will discuss all upcoming legislation and how to speak with your legislators. After the meeting there will be a free BBQ Dinner cooked by Stewart Newton. The next morning we will depart for the Capitol where you will have access to members of the General Assembly and their aids. After we speak with the senators and delegates we will go to Penny Lane Pub where lunch will be served compliments of Tom McGrath’s Motorcycle Law Group. I hope to see you there.

If you have any questions or comments concerning this or any other matters please feel free to contact me.

Matt Danielson
Tom McGrath’s Motorcycle Law Group
1-800-321-8968
www.motorcyclelawgroup.com

This bill adds the language “No person under the age of eight shall ride on a motorcycle.” to Virginia Code 46.2-909. Riding on motorcycles, generally.

Please contact your Delegate and ask them NOT to support this bill.

Don’t know who your Delegate is or how to get in touch with them – use the Who’s My Legislator form at http://conview.state.va.us/whosmy.nsf/main?openform

Take Care – Ride FREE!

Prep session starts at 1:00 PM on the 16th, leave for the Capitol at 8:00 AM on the 17th.

Holiday Inn Airport
445 International Center Drive
Sandston, VA 23150
(804) 236-1111

Flyer available here: http://www.vcomonline.org/LobbyDay2011Flyer.pdf

First-year delegate, Thomas “Tag” Greason (R-eastern Loudoun), has introduced legislation in Virginia’s General Assembly that would allow those riding two-wheeled vehicles to pass through red traffic lights.

Greason said the idea for the bill arose in December after noticing that large amounts of snow piled at intersections prevented vehicles from triggering sensors that activate green traffic signals. Seeing this, he figured the issue likely posed even more of a hassle for smaller vehicles, like motorcycles. Then, over casual conversation with another delegate, he learned that South Carolina recently enacted a law that allowed motorcyclists to treat red lights like stop signs. So why not in Virginia, he thought.

Read the Full Story here…

“Any person who violates this subsection shall be subject to a civil penalty of $25 to be paid into the state treasury and credited to the Literary Fund, and no court costs shall be assessed.”

Take Care – Ride FREE