Motorcycles Using the Shoulder of the Highway in Limited Situations

Delegate Tony Wilt has introduced House Bill 2446 at the request of the Virginia Coalition of Motorcyclists (VCOM). If passed, HB 2446 would amend section 46.2-841 of the Code of Virginia to allow motorcycles to use the shoulder of limited access highways for the sole purpose of exiting the highway in certain situations. This is an important issue to motorcyclists, especially in areas such as Tidewater and Northern Virginia where it is not uncommon for air cooled motorcycles to overheat in congested traffic. The pertinent language of the bill is as follows:

C. Notwithstanding subsection B, the driver of a motorcycle may drive on the right shoulder of any limited access highway as defined in § 33.2-400, provided that (i) traffic on such limited access highway is stopped or traveling at a speed of not more than 10 miles per hour, (ii) the driver of such motorcycle travels at a speed of not more than 15 miles per hour, and (iii) the driver of such motorcycle travels in the same direction as vehicular traffic in the adjacent lanes of travel only as far as the first available exit and uses such exit to leave the limited access highway.

You can track the progress of this bill and read the full text at the following link:

https://lis.virginia.gov/cgi-bin/legp604.exe?ses=191&typ=bil&val=hb2446&submit=GO

VCOM will keep you up to date as this bill makes its way through the General Assembly. We will make you aware of all committee hearings and will provide the contact information for each committee member so that you can voice your support for this legislation. As always, if you have any questions or comments concerning this or any other matters before the Virginia General Assembly, please do not hesitate to contact me.

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