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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.

Let’s keep the VDOT repair trucks busy until all the potholes are filled!

Many groups which are considered reputable within the highway safety community have taken the position that motorcycle rider training and education contributes little to motorcycle safety.  No you did not read that wrong.  It is their position that rider education does not have a discernable impact on motorcycle safety, and that universal helmet laws are the only reliable method of reducing motorcycle fatalities.  Do not take my word for it.  Here is what the experts have to say:

“While basic rider courses teach important skills, the effectiveness of training as a safety countermeasure to reduce motorcycle crashes is unclear” (Traffic     Safety Facts, National Highway Traffic Safety Administration – March, 2010)

“There is no scientific evidence that motorcycle rider training reduces crash risk and is an adequate substitute for an all-rider helmet law” (Lethal Loopholes, Advocates for Highway & Auto Safety – January 2015)

“Laws requiring all motorcyclists to wear helmets are the only strategy proved to be effective in reducing motorcyclist fatalities”.  (MOTORCYCLE SAFETY:  Increasing Federal Funding Flexibility and Identifying Research Priorities Would Help Support States’ Safety Efforts, U.S. Government Accountability Office – November, 2012)

“Helmets are the only safety measure proven to save lives” (Motorcycle safety – How to Save Lives and Save Money, Center for Disease Control and Prevention – June 2012)

Before I start to get the angry emails concerning the value of motorcycle helmets, let me be clear that my purpose in writing this has nothing to do with riders wearing or not wearing motorcycle helmets.  My purpose is to question a position shared by many within the highway safety community that dismisses the value of rider education.  In my opinion this position is at best illogical, and at worst dangerous.

Let me use my oldest daughter as an example.  She is twelve years old and loves motorcycles. She can’t wait until she is old enough to get her license.  According to groups such as the Advocates for Highway & Auto Safety and the CDC, if I had to choose between having trained instructors teach her how to operate her motorcycle competently and defensively or putting a helmet on her head and sending her down the road, I should choose the latter.  According to them, rider training and education is not a safety measure proven to save lives.

Admittedly, the previous scenario is not based on any researched data.  It is meant to demonstrate the flawed logic of the position that only universal helmet laws impact motorcycle safety, and that rider education is of little to no value.  However, we can and should look at the available data in considering the value of rider training and education.

According to the latest information published by the National Highway Traffic Safety Administration (NHTSA), between 2005 and 2012, motorcycle registrations increased nationwide from 6,227,146 to 8,454,939.  In 2005 there were 73.48 motorcycle fatalities per 100,000 registered motorcycles.  By 2012 that rate had steadily dropped to 58.63.  That means that between 2005 and 2012, motorcycle registrations increased 36% nationwide while fatality rates per 100,000 registered motorcycles decreased 20%.  That is a significant and sustained decrease in fatalities in proportion to registered motorcycles.

We see an even more drastic drop in motorcycle fatalities when they are measured against vehicle miles traveled.  According to NHTSA, motorcycle vehicle miles traveled increased from 10,454,000 to 21,298,000 between 2005 and 2012.  In 2005 the motorcycle fatality rate per 100 million vehicle miles traveled was 43.77.  By 2012 that number had decreased to 23.27.  That means that between 2005 and 2012, motorcycle vehicle miles traveled increased 104% while motorcycle fatalities per 100 million vehicle miles traveled decreased 47%.

What could explain this massive improvement in motorcycle safety from 2005 to 2012?  We know that during that time frame there was an increased emphasis on rider training and education.  More motorcycle training sites were opened.  More rider training coaches were certified.  More riders took courses.  Currently, forty-seven states have state legislated motorcycle training programs in place; the other three have private training facilities.  We also know that more public and private organizations launched motorcycle awareness and “share the road” campaigns during this period.

There is another important fact to consider in questioning the position espoused by groups such as the Advocates for Highway & Auto Safety and the CDC.  Between 2005 and 2012 not a single state adopted a universal motorcycle helmet law.  In fact, in May of 2012 Michigan repealed its universal helmet law.  It is simply illogical to argue that universal helmet laws are the only proven safety measure when it comes to motorcycling.  They certainly had nothing to do with the proportional decline in motorcycle fatalities between 2005 and 2012.  No one will convince me that rider training and education did not play a significant role in that decline.

Rider education and training focuses on avoiding a crash rather than merely surviving one.  Regardless of the effectiveness of any piece of gear, there is no such thing as a safe crash.  The only safe crash is the one that does not occur.  That is precisely the goal of training and education, to keep the crashes from occurring in the first place.

I will conclude by doing something that I have done in the past, but not often enough.  I want to thank every instructor that gives up weekends and evenings in order to teach both new and experienced motorcyclists the skills necessary to safely and competently operate a motorcycle.  You make the roads safer for all of us.  I want to thank every person who has taken part in a motorcycle awareness or share the road campaign.  You are making a difference.  You are saving lives.  For me this thank you is especially personal.  After all, the life you save may be my daughter’s.

HB 1700 was heard in sub-committee this morning.  The bill, as of this morning, did two things.  It allowed motorcyclists to add LED type auxiliary lights to their motorcycles in order to increase visibility.  It also eliminated the five second limitation on the amount of time that a motorcycle brake light may modulate.

For several weeks we (VCOM) have been battling opposition from the Virginia State Police.  Their main concern is the fact that the lights in question are not SAE (Society of Automotive Engineers) approved.  Current Virginia Code requires that any lights added to a motor vehicle be approved by the Superintendent of State Police or meet or exceed the standards and specifications of the Society of Automotive Engineers, the American National Standards Institute, or the federal Department of Transportation.

There was much discussion and debate between sub-committee members, State Police, and VCOM concerning this topic.  In the end, while it became clear that the sub-committee was not prepared to pass the bill along in its current form, there was agreement among all that; 1) none of the above entities actually approve lighting, and; 2) perhaps lighting technology has created a situation where strict adherence to the standards no longer makes sense in all situations.  With VCOM’s tepid assent, the bill was amended to strike the language concerning auxiliary lighting.  The sub-committee instructed VCOM and the State Police to meet this year to work out language to bring to them next session.  Both parties have agreed to do that.

Before the emails start flooding in about agreeing to the amendment, please allow me to explain our reasoning.  The bill was not going to pass.  If it failed to pass then the language removing the time limitation on modulating brake lights would have failed as well.  By agreeing to the amendment we were able to save that portion of the bill which we consider to be an important safety measure as well.  It should also be noted that this morning’s meeting represented two “firsts”.  This is the first time that the Virginia State Police have indicated a willingness to consider language allowing auxiliary lighting.  It is also the first time that we have had legislators agree that it may be appropriate to move beyond the standards.  That’s progress.  Unfortunately, progress comes slow in the Old Dominion.

With that being said, HB 1700 is now simply a brake light bill (which, for the record, passed unanimously out of sub-committee).  Current code states that a motorcycle brake light may modulate for up to five seconds when the brake is applied.  After that it must burn steady.  Unfortunately, a motorcycle with a smaller brake light can blend into the brake lights of larger motor vehicles in front of it, thus camouflaging the motorcycle from vehicles approaching from the rear.  Allowing the brake light to continue to modulate while the brake is engaged makes the motorcycle more conspicuous and more likely to be seen by drivers approaching from the rear.

HB 1700 now goes to full committee on a unanimous recommendation from the sub-committee.  VCOM’s strategy at this point is to step aside and allow momentum to carry the bill through full committee and on to the full House of Delegates.  Sometimes it is best not to draw attention to a bill that has picked up a head of steam and does not seem to have opposition.  In the spirit of full disclosure, that strategy does not guarantee success, but it has proven to be the smart play in the past.

We will continue to keep you informed about these bills of interest to all Virginia motorcyclists.  Again let me thank each of you who have taken your time stay informed on these issues, and who have remained willing protect the interests of all riders.

SB 836 came out of the Senate Transportation Committee yesterday on a 14-1 vote. Senator Ralph Smith from Roanoke was the only no vote. Unfortunately the committee rejected our substitute language, fearing that our language was too broad.  Our language would have simply allowed a rider to stand on the foot rests so long as not done in a manner so at to endanger life limb or property.

As passed by the Senate Transportation Committee, the bill would require motorcyclists to ride upon the permanent seat attached to the motorcycle “unless safety dictates standing on both foot pegs for no longer than is necessary”.  Current law restricts the rider by requiring that he or she ride only upon the permanent seat.  This is contrary to what is taught in the Basic Rider Course, which teaches that it is appropriate to stand on the foot rests under certain circumstances.

VCOM will continue to pursue strategies to improve this bill as it heads to the full Senate and then over to the House of Delegates.  Thank you to all who took the time to email legislators about this bill.  We will continue to look to you for support during this legislative session to ensure that the interests of Virginia motorcyclists are protected.

This year’s Virginia Motorcycle Lobby Day was another success.  We had an unofficial count of 110 motorcyclists who came to the Sunday informational session where we discussed this year’s legislation that affects Virginia motorcyclists.  The next day we spoke to our legislators at the General Assembly Building about the legislation.  I have already received feedback from legislators and their staff saying that the motorcyclists who came by their offices presented themselves well and were very well prepared to discuss the issues.  Thank you to each and every one of you who participated in this year’s Virginia Motorcycle Lobby Day.  Your efforts and sacrifices make a difference for Virginia motorcyclists.

While we discussed numerous bills, I would like to call attention to two in particular which directly affect motorcycles and motorcyclists.  These are HB 1700 and SB 836.  VCOM is working closely with each of the sponsors in order to ensure passage of both.  You can view all of the legislation on which VCOM takes a position at vcomonline.org

HB 1700 is sponsored by Delegate Tony Wilt of Harrisonburg at the request of VCOM.  This bill would allow auxiliary lighting on motorcycles in order to increase motorcycle visibility.  The bill also eliminates the five second limit on the amount of time that a motorcycle brake light may modulate.  You may follow the bill throughout the session at the following link:

http://lis.virginia.gov/cgi-bin/legp604.exe?ses=151&typ=bil&val=HB1700&submit=GO

You may read the entire bill at the following link:

http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+HB1700

The bill has been referred to the House Transportation Committee.  When it is referred to a sub-committee I will send an email listing the names of the sub-committee members along with their email addresses so that you may voice your support for this bill.

The other bill of particular interest to Virginia motorcyclists is SB 836.  This bill was sponsored by Senator Janet Howell of Fairfax, Virginia.  It concerns riding on motorcycles generally and makes it clear that there are times when it is appropriate to ride while standing on the footrests.  Current law states that the operator of a motorcycle “shall ride only upon the permanent seat attached to the motorcycle . . .” This is contrary to what is taught in the Basic Rider Course, which identifies several instances when a rider would want to ride while standing on the footrests, such as when crossing obstacles.  You may follow this bill at the following link:

http://lis.virginia.gov/cgi-bin/legp604.exe?ses=151&typ=bil&val=sb836&submit=GO

You may read the entire bill at the following link. However, this is not what the final version will look like:

http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+SB836

VCOM has worked with Senator Howell to re-write the legislation in order to make it less restrictive given the fact that riders stand on the footrests for comfort as well as for safety.  A substitute will be offered which simply adds the following language to the statute:

Every person operating a motorcycle, as defined in § 46.2-100 excluding three-wheeled vehicles, shall ride only upon the permanent seat attached to the motorcycle, or while standing on both footrests unless done in a manner so as to endanger life, limb, or property of any person.

There is no sense emailing legislators in support of this bill until the substitute has been filed.  With their hectic schedule during this year’s short session they are not going to consider something that has not been filed and assigned a committee.  However, when it is filed, I will post the names of the members of the Senate Transportation Committee and their email addresses so that you may voice your support for this bill.

Thank you again to all of you who have ever taken your time to support Virginia motorcyclists.  By working together we make Virginia a better place for all riders.

The Virginia Coalition of Motorcyclists (VCOM) is pleased to announce that our bill to allow auxiliary lighting on motorcycles has been filed and officially has a bill number.  It is House Bill 1700 (HB1700).  The bill also eliminates the five second limit on the time that a motorcycle brake light may modulate.  You may follow the bill throughout the session at the following link:

http://lis.virginia.gov/cgi-bin/legp604.exe?ses=151&typ=bil&val=HB1700&submit=GO

You may read the entire bill at the following link:

http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+HB1700

Delegate Tony Wilt, a rider himself, graciously agreed to carry this bill for Virginia motorcyclists.  You will recall that Delegate Wilt also carried the bill which successfully removed the prohibition against two two-wheeled motorcycles riding abreast in Virginia.

As the session progresses, VCOM will continue to send updates concerning this bill, as well as any other bills that are of interest to Virginia Motorcyclists.  Remember that this Monday, January 19^th, is Motorcycle Lobby Day at the General Assembly.  On Sunday January 18th, from 1:00 p.m. until we get through, Virginia Coalition of Motorcyclists lobbyists will lead an informational meeting at the Holliday 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 19th, 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 provides lunch to all who attended as a thank you for coming to support Virginia motorcyclists.  We hope to see you there.

As many of you know, VCOM’s own Jim Cannon is stepping into the political arena and running for the open seat in 63^rd District of the Virginia House of Delegates.  This would not only give us another motorcycle friendly legislator in Virginia, it would give us another actual rider.

Last week speaker Howell set the special election for January 6, 2015.  The deadline to register to be on the ballot is Dec 3, 2014 by 5:00 PM. Because Jim is running as an independent, in order to register to be on the ballot he needs 125 signatures from registered voters that reside in the 63rd District. The 63^rd District includes the City of Petersburg, the Matoaca and Ettrick areas of Chesterfield County, and a large portion of north-western Dinwiddie County.

If you live in the 63^rd District and would like to help get Jim on the ballot, please contact him at (804) 314-9071.  If you have friends or family who live in that district have them contact him as well.  You may also email him at jim@vcomonline.org .  If you are not sure whether or not you live in the 63^rd District you may go to http://whosmy.virginiageneralassembly.gov/ and enter your address.

As the unveiling of the newest HOV/HOT lanes in Northern Virginia has drawn closer, there has been much consternation among motorcyclists about whether the Commonwealth is going to require motorcycles to be equipped with an E-Z Pass transponder in order to use the lanes. On these HOV/HOT express lanes, E-Z Pass transponders automatically deduct tolls from the owner of a motor vehicle when the vehicle does not qualifying as a high occupancy vehicle.

We had previously discussed this issue with the Virginia Department of Transportation (VDOT) and had been told that motorcycles would not be required to be equipped with a transponder. VDOT assured us that since motorcycles are already considered high occupancy vehicles under state code, there was no need to require a transponder to use the express lanes.

Recently, signage has gone up along the newly constructed HOV/HOT lanes stating that in order to use the lanes, every motor vehicle must be equipped with a transponder. This has concerned many motorcyclists in the Northern Virginia area. There is no reliable way to mount a transponder to a motorcycle, especially motorcycles without windshields. Additionally, unlike automobiles and trucks, motorcycles are always considered high occupancy vehicles and are never required to pay to use the express lanes. There is simply no logical reason to require a transponder, which in automobiles and trucks can be turned on or off depending on the number of people occupying the vehicle.

We again reached out to VDOT. Below is the email that we received in response to our inquiry:

Dear Mr. Danielson,

The Secretary’s office asked me to thank you and respond to your question regarding motorcycle use on the HOV/HOT lanes.

Motorcycles will not have to pay tolls to use either the 495 Express Lanes or the soon-to-be-opening 95 Express Lanes. In addition, motorcycles are not required to be equipped with an E-Z Pass transponder. The toll collection system on these two facilities will properly identify the vehicle as a motorcycle whether or not it is equipped with a transponder and apply the appropriate business exceptions.

I hope this addresses your concern. If you have any additional questions, please feel free to contact me.

Thank you,

David

David Caudill, P.E.
Division Administrator
Tolling Operations Division
Virginia Dept. of Transportation

This will come as welcomed news to those who regularly ride along the I-95 corridor in Northern Virginia. Of course, any comfort that this news brings to those riders will be short lived because they will still have to regularly travel the I-95 corridor in Northern Virginia. (My Northern Virginia readers will understand this all too well).

As always, if anyone has any questions or comments about anything that I have written, please feel free to contact me.

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 19, 2015.  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 18th, from 1:00 p.m. until we get through, Virginia Coalition of Motorcyclists lobbyists will lead an informational meeting at the Holliday 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 19th, 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 provides lunch to all who attended as a thank you for coming to support Virginia motorcyclists.

This year we know that there will be a bill to amend the Code of Virginia to allow motorcyclists to use auxiliary lights in order to increase visibility to other motorists.  The bill will also eliminate the five second limit on the amount of time that a motorcycle brake light may modulate.  The purpose is to increase the visibility of the motorcycle to motorists approaching from behind, thus reducing rear-end collisions.

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 a passenger.  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 (804) 353-3971.  For Room Reservations call 1- (888) 465-4329.  Make sure to ask for the VCOM rate.  We hope to see you at Lobby Day.

On Sunday August 31, 2014, the Virginia Coalition of Motorcyclists held its annual Motorcycle Legislative Roundtable. Despite being the Sunday before Labor Day, over thirty interested motorcyclists gathered at the Hilton Garden Inn Downtown Richmond to discuss issues important to Virginia Motorcyclists. We identified issues which we want to pursue in 2015 and formulated strategies to pursue them. Along with many concerned independent motorcyclists, members of ABATE of Virginia, Virginia Bikers Association, and United States Military Vets MC were in attendance. We also had the benefit of having several motorcycle safety instructors take part. All in all, we had quite a bit of knowledge and experience in the room.

The group was unanimous in it’s wish to have a bill introduced during the 2015 legislative session which will amend Virginia Code Section 46.2-1012 (lights on motorcycles) in two ways. The first proposed amendment will make it easier to install and use auxiliary lights on motorcycles in order to increase visibility to other motorists. The second proposed amendment would remove the five second limitation on modulating brake lights. Under current Virginia law, a brake light may only modulate up to five seconds. It must then burn steady. Many brake light kits on the market today do not meet that limitation. In addition, motorcyclists often find themselves stopped for longer than five seconds. It makes sense to allow the light to continually modulate in order to increase visibility to motorists approaching from behind.

The next issue we considered was increasing the penalties for motorists who kill someone while committing a right of way violation. In the past we have attempted to make such an offense reckless driving, most recently last year. Making the offense reckless driving would force the offender to come to court and would give the court the ability to impose jail and/or suspend the offender’s license. Too many times those who kill others in right of way violations are charged with failure to yield the right of way. That is a traffic infraction which is often pre-paid. After much discussion, it was decided that we would take a non-legislative approach this year. This is due to the bill’s repeated failure in the General Assembly and the open hostility that our closest friends there have to this issue. VCOM will attempt to set up meetings with state and local law enforcement officials to discuss having the investigating officers charge such offenders with reckless driving instead of failure to yield the right of way. Virginia law defines reckless driving as driving in a manner so as to endanger the life, limb, or property of any person (46.2-852). Certainly violating the right of way of another and killing them meets that threshold.

The group also agreed that VCOM, in conjunction with ABATE of Virginia, will meet with officials of the Virginia Department of Transportation in order to discuss the feasibility of using current overhead traffic warning signs to display “Watch for Motorcycles” throughout the year. Other states have been doing this in recent years and have been able to show a reduction in motorcycle crashes in areas where such messages were displayed.

Another issue discussed was legalizing lane splitting, or at least, allowing motorcycles to use the shoulder when traffic is at a standstill. It was pointed out that there have been issues, particularly in Northern Virginia, with air-cooled motorcycles shutting down in congested traffic. This is especially a problem during the summer months. It was decided that, since there is a study on the subject which is expected to be published within a few months, we would wait on that study before deciding whether or not to take any steps in that direction.

The last matter that was seriously discussed was the status of our attempts to amend Virginia’s helmet law to allow adults, who are at least twenty-one years of age, to decide whether or not to wear a motorcycle helmet. That would make Virginia the 32nd state to allow adults to make that choice. As many who were involved with that bill two years ago know, a majority of both the House of Delegates and Senate would support such a measure. VCOM is currently working to determine the Governor’s position on this matter, as well as the position of other legislative leaders who have the ability under Virginia rules to ensure that such a bill would never get a vote regardless of the support that it may have in each chamber of the General Assembly. Until now we have not been in a position to have those discussions due to the fact that the key members with whom we need to speak were too busy working out budget issues as well as the fate of Medicare expansion in Virginia. When we have more information we will make it known.

As always, if anyone has any questions or comments about anything that I have written, please feel free to contact me. Thank you again to all who took their time to attend this year’s Motorcycle Legislative Roundtable. There are many other things that you could have done with your time. Instead you used it in to improve motorcycling in Virginia. Thank you.