South Carolina Motorcycle Rights Association

 All Virginia Motorcyclists need to be aware of House Bill 1850 which has been
introduced by Delegate Christopher Stolle of Virginia Beach.  It prohibits
any child under the age of eight from riding on a motorcycle.  If you have a
child, grandchild, niece, nephew, cousin or neighbor who enjoys riding with
you and is under the age of eight they would be unable to do so anymore if
this bill passes.  I know that many of you share memories like mine.  My
daughter and I have spent many hours since she was six riding at events such
as the Vets ride, the 911 ride, etc.  She has learned responsibility, charity
and patriotism in part from her contact with motorcyclists and the
motorcycling community.  Delegate Stolle wishes to rob future generations of
such memories.


The Virginia Coalition of Motorcyclists (VCOM) strongly opposes this bill.
In an effort to understand the reasoning behind this bill, Jim Cannon and I
met with Delegate Stolle this morning.  He advised us that the bill was
introduced at the request of the Chief of Police of Virginia Beach.  The
Delegate also clearly believes in this bill.  His reasoning was that Virginia
Code already requires children under age eight to be restrained when
traveling in any motor vehicle and that this bill merely clarifies the code.
He also felt it was a safety issue.  Despite our arguments he held firm to
his position.

Let's look at the Delegate's arguments.  First, Virginia Code Section
46.2-1095 requires that any person who drives on the highways of Virginia any
motor vehicle manufactured after January 1, 1968, shall ensure that any
child, up to age eight, whom he transports therein, is provided with and
properly secured in a child restraint device.  (emphasis added).  You do not
place a child in a motorcycle.  It is impossible to get in a motorcycle.  You
get on a motorcycle and therefore the child is being transported thereon not
therein.  As such this section does not apply to motorcycles.  When this
legislation passed not a single member of the General Assembly was
considering motorcycles.  If the delegate wants to clear up the code he can
do so by adding motorcycles to section E of the statute which lists vehicles
to which the statute does not apply, such as taxicabs, school buses and
limousines.  

The Delegate's safety argument also fails.  According to the Virginia
Department of Motor Vehicles there have been fourteen children age eight and
under injured as motorcycle passengers over the past three years.  That is an
average of less than five per year.  There have been no deaths in the past
three years.  How is this safety issue?  It seems to me that the motorcycling
parents of this Commonwealth are doing a pretty good job of deciding for
themselves when their children are ready to be motorcycle passengers.  

I would urge all motorcyclists to call and/or email Delegate Stolle and voice
your concerns over HB 1850.  Delegate Stolle's phone number is (804)
698-1083.  His email address is <a href="mailto:DelCStolle@house.virginia.gov" moz-do-not-send="true" title="mailto:DelCStolle@house.virginia.gov">DelCStolle@house.virginia.gov

I would also urge you to contact your legislator and let him or her know how
you feel.  You can find the contact information for every legislator at the
following link:  

<a href="http://lis.virginia.gov/111/mbr/MBR.HTM" moz-do-not-send="true" title="http://lis.virginia.gov/111/mbr/MBR.HTM">http://lis.virginia.gov/111/mbr/MBR.HTM

It is of great importance do this now.  The session is only 45 days long and
this bill could come up in sub-committee soon.  When VCOM receives
notification of the subcommittee meeting we will put out another notification
so that anyone who wishes to attend can.  The more motorcyclists we have in
sub-committee the more likely we can defeat this assault on the rights of
motorcyclists.  You can also follow VCOM on twitter @VAMotorcyclist.  

I would also strongly urge you to attend Lobby Day this Monday, January 17,
2011.  Come to the Capitol with other motorcyclists and tell Delegate Stolle
and other legislators how you feel about this bill and other matters of
interest to Virginia Motorcyclists.  There will be a legislative meeting
starting at 1:00 p.m. on Sunday January 16 at the Holiday Inn Airport in
Sandston, VA.  We will discuss all upcoming legislation and how to speak with
your legislators.  After the meeting there will be a free BBQ Dinner cooked
by Stewart Newton.  The next morning we will depart for the Capitol where you
will have access to members of the General Assembly and their aids.  After we
speak with the senators and delegates we will go to Penny Lane Pub where
lunch will be served compliments of Tom McGrath's Motorcycle Law Group.  I
hope to see you there.

If you have any questions or comments concerning this or any other matters
please feel free to contact me.

Matt Danielson
Tom McGrath's Motorcycle Law Group
1-800-321-8968
www.motorcyclelawgroup.com