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Delegate Scott Lingamfelter Fourth of July Parade – UPDATE

Below please see Delegate Scott Lingamfelter’s announcement regarding his 4th of July Parade in Dale City this year. Scott is one of our strongest supporters in the House of Delegates and he will be critical when we have another chance at helmet reform. Please do what you can to come out and support Delegate Lingamfelter. See the announcement below.

Matt Danielson
McGrath & Danielson
The Motorcycle Law Group
1-800-321-8968
Motorcyclelawgroup.com

Support my Campaign by Marching with Me in the Dale City Independence Day Parade!

Hi Friends!

I’m emailing you today because I’d like your help and support in the Dale City Independence Day Parade coming up this Saturday.

As most of you already know, one of the largest Independence Day Parades in the entire Commonwealth is rapidly approaching. Dale City will be hosting its annual parade this Saturday, July 4th; and I hope to get a large gathering of friends and families who’d like to support me by walking (or riding!) with me in the parade. We will be staging at 9:00am in the side parking lot of Beville Middle School, 4901 Dale Blvd, Dale City, VA 22193. The parade begins promptly at 10:00am.

For those who aren’t familiar, we will again have a beautiful horse drawn carriage as part of our parade unit. The carriage can fit 8 or so people. We will have additional individuals walking alongside the carriage and myself, holding my Delegate yard signs and passing out water bottles to thirsty parade-goers.

I am hoping to have as many volunteers join me as possible, as a show of my widespread support in the 31st House of Delegates District!

If you think you will be able to attend, kindly respond to this email with the name(s) of those who may be attending with you, as well as a good phone number to reach you at the day of the event (should I need it). Feel free to share this invitation with anyone you think might be interested in joining us. I sincerely hope you’ll join me for the Dale City Independence Day Parade this July 4th!

Warm regards,

Scott

Authorized and Paid for by Friends of Scott Lingamfelter

Delegate Scott Lingamfelter Fourth of July Parade

Delegate Scott Lingamfelter has requested 50 motorcycles for the 4th of July Parade in Dale City this year. As you know, Scott is one of our strongest supporters in the House of Delegates. When we take another stab at helmet reform it will go through the committee that he chairs.

We will meet in Dale City at 8:30 am. The parade will be over by 11:30 am, leaving plenty of time to get home for most of us. His office will give me more details soon and I will pass them along.

Jim and I are going. If you can make it please email me and let me know. Also let me know if you are bringing anyone. Please don’t email me if you think you can make it but are not 100 % sure. We need to provide a hard number to the Delegate’s office. I don’t want to tell his office that we will have 30 motorcycles and only have ten shoow up. We need to make a good showing for one of our strongest supporters. Your help is needed.

Matt Danielson
McGrath & Danielson
The Motorcycle Law Group
1-800-321-8968
Motorcyclelawgroup.com

NHTSA Proposes to Amend FMVSS No. 218

The National Highway Traffic Safety Administration (NHTSA) has issued a Notice of Proposed Rulemaking to amend Federal Motor Vehicle Safety Standard (FMVSS) No. 218, which concerns motorcycle safety helmets. NHTSA proposes to modify the existing performance requirements of the standard by adding construction requirements. The reasoning behind this is to aid state and local law enforcement officers in enforcing FMVSS No. 218, allowing an officer to visually determine whether a helmet meets the safety standard. NHTSA is currently accepting public comments on this proposal, and will continue to do so until July 20, 2015.

The Motorcycle Riders Foundation opposes NHTSA’s proposal. The proposal fails to take into consideration the rapid pace of technological change in this area. By adopting arbitrary dimension and compression requirements, NHTSA will effectively be shutting out manufacturers who utilize technology to construct helmets which, while failing to meet NHTSA’s construction requirements, may very well exceed their performance requirements. It is conceivable that, by the time the new proposals were adopted, they would already be obsolete. To compound that problem, if such a situation did arise—and it almost certainly will—the process of amending the safety standard is so long and complicated that it is not feasible to make periodic changes in order to include technological advancements in motorcycle helmet construction. FMVSS No. 218 should remain primarily a performance standard, not a construction standard.

NHTSA’s answer to this problem is to create a list of motorcycle helmets that will be exempt from the proposed construction requirements. The helmets on this list will comply with the performance requirements of FMVSS No. 218, but while they fail to meet its proposed construction requirements, they will nonetheless be deemed to have met the proposed safety standard. This confusing strategy ignores the fact that the law enforcement officer on the street will not have immediate access to such a list. At best, the officer would not know that the motorcyclist’s helmet meets FMVSS No. 218 until after the motorcyclist has been deprived of his or her liberty by being detained and subjected to an inspection of their helmet. At worst, the fact that the motorcyclist’s helmet meets the standard would not come to light until after the motorcyclist was forced to come to court.

Finally, NHTSA has not fully taken into consideration the very nature of motorcycle helmet enforcement in the United States. Such enforcement is not done federally; it is done at the state and local level according to state laws which may or may not have adopted FMVSS No. 218. Not every state has adopted the federal safety standard. Many that have done so have also adopted alternative safety standards, while others require only that a helmet meet the performance requirements set out in FMVSS No. 218 and not the labeling requirements.

The Motorcycle Riders Foundation believes that motorcycle helmet enforcement is a state issue and not a federal issue. This is evidenced by the fact that motorcycle helmet laws vary greatly from state to state. If a particular state is having an issue enforcing its own motorcycle helmet law, that problem is best addressed by that state’s elected officials. It does not make sense to address the enforcement of a state statute on the federal level, but that is what the proposed amendments to FMVSS NO. 218 attempt to do.

The Motorcycle Riders Foundation urges all riders and rider organizations to comment upon this proposal and to point out the legitimate concerns raised by it. You may submit comments to the proposal by any of the following methods:

You may utilize the Federal e-Rulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. You may mail comments to the Docket Management Facility:
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.
You may also fax comments to the Docket Management Facility:
U.S. Department of Transportation at (202) 493-2251. When submitting comments, make sure to reference Docket No. NHTSA–2015–0045.

If you wish to view the entire proposal you may do so at the following link:

http://www.gpo.gov/fdsys/pkg/FR-2015-05-21/pdf/2015-11756.pdf

Virginia Senate Primary Races Important to Motorcyclists

On Tuesday June 9th, Virginia will hold party primary races in preparation for the upcoming general election in November. Three of the races for the Virginia Senate have candidates who have proven to be loyal friends to Virginia Motorcyclists. The Virginia Coalition of Motorcyclists is urging motorcyclists in these districts to go to the polls on Tuesday June 9th and support those candidates who have supported us. If you do not know in which Senate District you live you may type your address into the box at the top right hand corner of the page found at the following link: http://whosmy.virginiageneralassembly.gov/

The first primary race of concern to motorcyclists is in Senate District 8, which covers parts of Virginia Beach. This seat is currently being held by Senator Jeff McWaters. This race provides motorcyclists with an opportunity to replace a Senator who was not friendly to issues important to motorcyclists with one who is. This race is between Bill DeSteph, who currently serves in the House of Delegates, and Craig Hutchins. Delegate DeSteph has proven to be a friend to Virginia motorcyclists since being elected to the House of Delegates last year. We would be well served to have him carry that support into the Virginia Senate in November. If you live in the 8th District please get to the polls on June 9th and support Bill DeSteph. If you do not live in that district but know someone who does, please urge them to do so.

The second primary race is in the 12th Senate District, which covers parts of the counties of Henrico and Hanover. This is a four way race between former Delegate Bill Janis, Dr. Siobhan Dunnavant, Vincent Haley and Ed Whitlock. As a member of the House of Delegates Bill Janis was a great friend to motorcyclists. It would not be hyperbole to say that motorcyclists have never had a better friend in the Virginia General Assembly than Bill Janis. Having him back as a State Senator would be a huge victory for Virginia motorcyclists. If you live in the 12th District please get to the polls on June 9th and support Bill Janis. If you do not live in that district but know someone who does, please urge them to do so.

Finally we have the race in the 14th Senate District, which covers parts of Chesapeake, Virginia Beach, Suffolk, Portsmouth, Isle of Wight, Southampton County and Franklin. This race pits Senator John Cosgrave against Bill Haley. Senator Cosgrove has been a consistent friend to Virginia motorcyclists in both the House of Delegate and the Senate. As you know, a majority of the bills affecting motorcyclists must pass through the Senate Transportation Committee. As a member of that Committee Senator Cosgrave is an important voice for motorcyclists. Virginia Motorcyclists need to keep Senator Cosgrove, a motorcyclist himself, in the Virginia Senate. If you live in the 14th District please get to the polls on June 9th and support John Cosgrove. If you do not live in that district but know someone who does, please urge them to do so.

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

Matt Danielson
McGrath & Danielson
The Motorcycle Law Group
1-800-321-8968
Motorcyclelawgroup.com

Tip-To-Tip Ride

The Virginia Coalition of Motorcyclists (VCOM) along with the Virginia Bikers Association (VABA) want to remind everyone of the Tip-to-Tip Ride that will take place June 6 -7 of this year. The ride will start at Cumberland Gap (The Western tip of Virginia) and will end in Chincoteague (The Eastern tip of Virginia) There will be an overnight stop in South Boston where the ride participants will have a cook out and enjoy the kind of comradery that only comes from being on the road together.

The cost of the ride is $15.00 per rider who is a member of either VCOM or VABA. If you are not a member of either organization the cost is $35.00 per rider. The proceeds of the ride go to support both organizations which support the interests of Virginia motorcyclists at both the state and local level.

For more information on the ride, or to register, please go to the Motorcycle Law Group website at motorcyclelawgroup.com and click on the “Tip-To-Tip Ride” tab on the bottom of the page. For information on joining VCOM, use the following link:

Online Registration Form

We hope to see you on the ride.

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

Report Potholes to VDOT

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!

Final Virginia Motorcycle Legislative Update

For our purposes, we are now through the legislative session. Both HB 1700 and SB 836 have passed both chambers of the General Assembly and are on their way to the Governor’s desk to be signed into law. Both bills will become law as of July 1st of this year. Let’s re-cap what each of these bills mean to Virginia motorcyclists.

HB 1700 started out as a bill with two purposes. The first was to allow the LED type of auxiliary lighting on motorcycles in order to improve side visibility. The second was to eliminate the five second limitation that a motorcycle brake light may modulate. Due to strong opposition from the State Police, the language concerning auxiliary lighting was stripped from the bill with instruction from legislators who appeared sympathetic to our objective for VCOM and the State Police to work on language for next year that is acceptable to both organizations. The language concerning brake lights on motorcycles survived and will become law on July 1st of this year. Current code states that a motorcycle brake light may modulate for up to five seconds when the brake is applied, but 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. Virginia motorcyclists will now be afforded the right to have that protection.

SB 836 allows motorcyclists to stand on both footrests under certain circumstances. Under current law, a motorcyclist must ride only upon the permanently attached seat. This is contrary to what is taught throughout the Commonwealth of Virginia in the Basic Rider Course. The BRC teaches that it is appropriate to stand on the footrests when crossing obstacles such as railroad tracks and potholes. The problem is that motorcyclists have been receiving tickets for doing exactly what they were taught to do. SB 836 corrects that problem. As of July 1st of this year, motorcyclists will be allowed to stand on their foot rests when safety dictates. VCOM attempted to pass broader language to simply allow the practice under any circumstance, but that attempt met with strong resistance in the Senate Transportation Committee.

With this change in the law, the question may arise as to who decides when safety dictates standing on the foot rests. VCOM’s position is that the rider should make that decision. We will watch to see how this change iis received by law enforcement. If any rider receives a citation for standing on their foot rests, please contact me and we will represent you in court at no cost. Our hope is that this change will rectify the problem, but if it persists, we will go back to the General Assembly with additional ammunition to seek further changes.

As always if anyone has any questions or comments about either of these bills, or about any other matters concerning laws affecting motorcyclists, please feel free to contact me.

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

Rider Training & Education Contributes Little to Motorcycle Safety (So Says Our Safety Experts)

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.

Matt Danielson
McGrath & Danielson
The Motorcycle Law Group
1-800-321-8968
Motorcyclelawgroup.com

Motorcycle Legislative Update

We are now half way through the legislative session.  Today is the first day of crossover at the Virginia General Assembly.  That means that the Senate may only consider bills (other than the budget bill) that have passed out of the House of Delegates, and the House may only consider those (again, other than the budget bill) that have passed out of the Senate.  That means that HB 1700 is now in the Senate, and SB 836 is now in the House.

HB 1700, which eliminates the five second limitation that a motorcycle brake light may modulate, has been assigned to the Senate Transportation 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.

This bill came out of the House of Delegates on a unanimous vote.  It does not have any opposition.  As such, VCOM’s strategy is to let this bill fly under the radar.  We will be at the committee meeting to answer any questions that may come up, but other than that we are going to stay out of the way.

SB 836 went to the House Transportation Committee and has been assigned to Subcommittee # 3.  This is a favorable subcommittee comprised of members who have historically been friendly to motorcycling issues.  SB 836 allows motorcyclists to stand on both footrests under certain circumstances.  Under current law, a motorcyclist must ride only upon the permanently attached seat.  This is contrary to what is taught throughout the Commonwealth of Virginia in the Basic Rider Course.  The BRC teaches that it is appropriate to stand on the footrests when crossing obstacles such as railroad tracks and potholes.  The problem is that motorcyclists have been receiving tickets for doing exactly what they were taught to do.  SB 836 attempts to correct that problem.

This bill came out of the Senate 34 – 4.  As such VCOM is taking a similar approach to that of HB 1700.  While we will be at the subcommittee meeting with materials from the BRC in order to answer any questions, we feel that we have put this bill in a position to survive any challenges, However unlikely, that it may face.

As always if anyone has any questions or comments about either of these bills, or about any other matters concerning laws affecting motorcyclists, please feel free to contact me.  We will continue to send updates on both of these bills.

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

Motorcycle Auxiliary Light Bill Update

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.

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