Archive for “Uncategorized” Category

Portions of Virginia’s motorcycle helmet law were declared unconstitutional on Friday, December 9,2005 by a judge of the Newport News Circuit Court. In a ten page memorandum order, Hon. H. Vincent Conway, Jr. held that the portions of Va. Code §46.2-910 which defined the standards that a protective helmet must meet or exceed were unconstitutionally vague, denied due process and were unenforceable. The decision marked another victory in the battle by the Law Offices of Tom McGrath, to challenge Virginia’s helmet law.

McGrath and his Newport News associate, Matt Danielson, concentrate their practice on representing injured motorcyclists. In addition, they provide legislative lobbying services and traffic citation defense for the motorcycling community. In the past five years, they have successfully defended over fifty bikers charged with violation of Virginia’s helmet statute. Although the constitutional arguments have been raised many times before, the courts have previously ruled that the Commonwealth could not prove a violation of the statute and thereby avoided a ruling on the constitutional issues. Judge Conway did not follow this course and instead found at least some of McGrath’s arguments to be persuasive.

McGrath says the impact of Judge Conway’s decision is that any helmet selected by a motorcyclist in Newport News now complies with the statute since the standards previously used have been invalidated.

Tom McGrath, Richmond attorney, has been appointed by Governor Mark Warner to represent motorcyclists on the Commonwealth Transportation Safety Board (CTSB).Tom will be the first member to represent motorcyclists as his primary function. Motorcyclists were previously represented by John Mazaa, who held the aviation seat and took on the role of representing motorcycles as a secondary function. We owe John our thanks for the work he has done for us, as well as setting the groundwork for a full-time representation on the Board.

Tom has spent many years in Richmond specializing in the needs of motorcyclists. His dedication to motorcycling brought him to the Capitol where he recognized a need to have full time-political representation and founded the Virginia Coalition of Motorcyclists (VCOM) in 1992. We’ve had a strong voice at the legislature ever since. Tom has also been very involved in other areas of motorcycling: working with VDOT to open the HOV lanes to motorcyclists, developing signs to alert motorcyclists of hazards like edge traps, milled pavement, and open joints. Tom is currently working with VDOT on toll booth safety issues, and is always working with DMV and the Virginia Rider Training Program to meet the needs of new riders.

Tom’s appointment is the result of persistence on the part of Bob Crouch, the Governor’s Counsel and former Chief Deputy Secretary of Public Safety. The CTSB is in charge of reviewing and awarding federal grants for highway safety projects and ongoing programs, . For example, the Virginia Rider Training program gets some money for awareness programs and equipment needs. Some monies go to VCU for motorcycle accident investigation training. The list goes on. With a motorcyclist on the Board, we now know our voice will be heard, and our needs will not go unnoticed.

Motorcyclists riding in Virginia will soon be alerted to dangerous roadway conditions by a new statewide signage program. VCOM lobbied VDOT officials and worked with the agency’s staff for more than a year to improve its sign program, critical to the safety of motorcyclists.

The Virginia Department of Transportation (VDOT) has developed the new signs as part of a motorcycle safety awareness program in association with VCOM, the Virginia Department of Motor Vehicles, the Motorcycle Safety League, the American Motorcycle Association, and local government. The new signs alert riders to open joints on bridges, expansion joints, rough road surfaces, bumps, and uneven lanes.

“Navigating certain roads and highway work zones is often difficult in a vehicle, but it’s many times more dangerous on a motorcyclist. Riding across bridge joints, open trenches or loose gravel can be treacherous,” said Tom McGrath, founder of VCOM. &#x201C For me as a motorcyclist, these are real problems during the day. But at night or during rain or both, they can become a matter of critical injury or even death because I can’t see the road ahead to anticipate potential problems.”

The warning signs will be placed to allow the motorcyclist time to reduce speed and adjust his or her ride appropriately.

As part of the program, McGrath and VCOM Director Jim Cannon have been meeting with VDOT resident engineers and other employees to talk about motorcycling and explore ways to ameliorate roadway conditions that present particular hazards to the motorcyclist.

A brochure on the new signs now is available to motorcyclists through the Department of Motor Vehicles and the Virginia Rider Training Program. The following information explaining specific roadway conditions and their warning is contained in the brochure entitled “Get Your Motor Running/Motorcycle Safety” –

Open Joints on Bridge: Used in advance of open longitudinal joints large enough that a motorcycle could lose control, typically when the joint is parallel or no more than 30 degrees from parallel to the traffic lane and the joint is at least 1-1/2 inches wide.

Expansion Joints: Used when a joint across lanes creates a significant bump or is wide enough to cause a traction loss in wet weather so that a motorcyclist could lose control.

Rough Road, Bump, or Uneven Lanes: Used when certain road conditions, such as gravel or milled pavement, affect the roadway surface and create potentially difficult conditions for motorists, especially motorcyclists. (August 2004)

VCOM’s McGrath, Cannon Serve on Steering Committee Promoting Motorcycling, Tourism

All of us in VCOM have always known it: Virginia is a great place to ride. We’ve long encouraged fellow motorcyclists, both in Virginia and elsewhere, to enjoy our state’s natural beauty, good roads, and diverse attractions. More motorcyclists on Virginia’s roads is a win for motorcycling and a win for business and the economy.

Now, the Commonwealth of Virginia has joined in our efforts.

Marketing our state to motorcyclists as an attractive place to ride is an important initiative undertaken by state government. A new committee chaired by Deputy Secretary of Public Safety Robert Crouch was formed this past spring (2004) to look at ways various state agencies and private organizations concerned with motorcycling can work together to make Virginia a “better ride.” Tom McGrath and Jim Cannon are serving on the committee, along with representatives from the Virginia Tourism Corporation, Department of Motor Vehicles, the State Police, the Alcohol Beverage Control Board, the Virginia Department of Transportation, the Motor Sports Coalition, and others.

Work is in the early stages. This summer bumper stickers declaring “Motorcycle Virginia” began appearing. Also in development are suggested routes for scenic, historic and other rides and a calendar of bike related events statewide.

Check this site for more news from Motorcycle Virginia. (August 2004)