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Va Motorcycle Legislative Update


hobbs

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Taken from an email:
 
Final Virginia Motorcycle Legislative Update
February 24, 2015
 
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
 
 
 
 
 
Virginia Coalition of Motorcyclists
 
Our mailing address is:
2606-2608 West Cary Street
Richmond, VA 23220
1- 800-437-9434
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Everything went braap.

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Man, SB 836 sounds like a great overturn. I'd hate to get a ticket for something like that.
 
And who has lights that modulate more than 5 seconds after the brake is applied? Is it that common in VA?

Instagram: @meekmade | You don't need to flat foot a bike to ride it.

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Guest sportyeight

Couldn't stand up on the footpegs? Man some states are like motorcycle nazis!
 
My state has pretty much no laws that apply to a motorcycle that doesn't apply to a car, except for the headlight in daytime and we have a dead red law, which is a good thing. I think that's it.

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Man, SB 836 sounds like a great overturn. I'd hate to get a ticket for something like that.  
And who has lights that modulate more than 5 seconds after the brake is applied? Is it that common in VA?
 
 
I am very glad it was overturned! It is pretty useful in a lot of the areas local to me. Construction, railroad tracks, gnarled potholes.. gese leuise.
 
I've seen some, usually they don't flash indefinitely.. probably cause it was previously illegal. It's usually an aftermarket thing, such as hyperlites.com/

Everything went braap.

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Wow, not being able to stand on the pegs over obstacles would suck. That law was obviously written by sometime who had never riden a motorcycle.
 
The brake light modulation time limit is no big deal. Just watch your mirrors when you are stopped and if someone is coming up behind you force another five second flash. I would not want my bike to be illegal if I crossed in to another state.

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Glad to hear these changes. When commuting on 495 in the summer, sometimes I need to stand on the pegs to let the family jewels readjust.

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fooschnickens

It's amazing how many laws are passed by people who know absolutely nothing about the subject matter.
 
At least this is a step in the right direction!

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It's amazing how many laws are passed by people who know absolutely nothing about the subject matter. 
At least this is a step in the right direction!
 
 
Ask anyone in the gun world about laws passed by those who don't have a clue.
 
Being ticketed for standing on pegs is just stupid. My guess is someone did something stupid and got a ticket otherwise you all got some real traffick nazis.
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pantheraleo

What I find profoundly disturbing is the power the State Police have over the legislative process. Its their job to enforce the laws, not dictate what laws are passed.
 
Mnu-
 
Most cops are okay, but we have some real power tripping punks here. Motorcyclists are a favorite target for some. I've been pulled over a few times on a bike (zero tickets so far, knock on wood) and two times I detected an "anti motorcycle" attitude by the LEO. Whatever.
 
Most cops respect firm, but respectful, citizens who know the law and how to communicate effectively.
 

O judgment! Thou art fled to brutish beasts,
And men have lost their reason. Bear with me.
My heart is in the coffin there with Caesar,
And I must pause...till it come back to me.

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  • 1 year later...

Great thread.
 
I had no idea it was illegal to stand on the pegs. I do that from time to time as others have mentioned- Im glad it was changed as I would have been furious to receive a ticket a ticket for that.

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twowheeladdict
Couldn't stand up on the footpegs? Man suome states are like motorcycle nazis! 
My state has pretty much no laws that apply to a motorcycle that doesn't apply to a car, except for the headlight in daytime and we have a dead red law, which is a good thing. I think that's it.
What state do you live in?  every state I have checked has some verbiage about sitting on the seat with legs on each side, blah blah blah. 
You can look it up.  I almost got a stunting tickets standing up while crossing tracks.

2015 FZ-07

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bmwpowere36m3

Some newer bikes come with modulating brake lights… possibly concerned with getting confused with LEO (flashing red/blue) or those you install "strobes" on their bikes. Standing on pegs is probably due to "stunting". Either way, VA is crazy with their motor vehicle enforcement….

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