STATUTE:

Title 46.2. Motor Vehicles. Subtitle III. Operation. chapter 8. Regulation of Traffic. Article 13. Motorcycles and Mopeds and All-Terrain Vehicles. Section 46.2-910. Motorcyclist to wear helmets, etc.; certain sales prohibited; penalty. :
    "A. Every person operating a motorcycle shall wear a face shield, safety glasses or goggles, or have his motorcycle equipped with safety glass or a windshield at all times while operating the vehicle, and operators and any passengers thereon shall wear protective helmets. . . .

    "No motorcycle operator shall use any face shield, safety glasses or goggles, or have his motorcycle equipped with safety glass or a windshield unless of a type either (i) approved by the Superintendent prior to July 1, 1996, or (ii) that meets or exceeds the standards and specifications of the Snell Memorial Foundation, the American National Standards Institute, Inc., or the federal Department of Transportation and is marked in accordance with such standards. . . ."

FINE:

Section 46.2-113. Violations of this title; penalties. :
    "It shall be unlawful for any person to violate any of the provisions of this title, or any regulation adopted pursuant to this title, or local ordinances adopted pursuant to the authority granted in Section 46.2-1300. Unless otherwise stated, these violations shall constitute traffic infractions punishable by a fine of not more than $200." (last amended 1992)

    Cost as of 6/19/01: $75

STANDARDS:

Title 46.2. Motor Vehicles. Subtitle III. Operation. chapter 8. Regulation of Traffic. Article 13. Motorcycles and Mopeds and All-Terrain Vehicles. Section 46.2-910. Motorcyclist to wear helmets, etc.; certain sales prohibited; penalty. :
    "A. . . .The windshields, face shields, glasses or goggles, and protective helmets required by this section shall meet or exceed the standards and specifications of the Snell Memorial Foundation, the American National Standards Institute, Inc., or the federal Department of Transportation."

COURT DECISIONS:

Jan 21, 1999 - Bikers won a major court decision in Virginia when the Virginia helmet law was declared unconstitutional by the Rockingham County Circuit Court on the basis that the statute is void for vagueness.

CURRENT ACTIVITY:

HB 1848 (repeals the helmet law for 21 and over) came out of the Militia and Police Committee today (vote 12-7 with 3 not voting).

HB 1938 (repeals the helmet law for riders 21 and over on Virginia By-Ways) also came out of Militia and Police (vote 13-5, with 4 not voting).

Both now go to the full House and if passed there would cross over to the Senate.

Call your delegates and senators now and urge them to support these bills. This is the best chance Virginia has had to reclaim Freedom in the past 35 years.

Virginia 2003 Bills in Progress:
HB 1848 Helmet Law repeal for 21 and over and provides that a citation for a violation may not be issued unless the officer has another reason to stop the vehicle or arrest the driver.
SB 1185 Helmet Law repeal for 21 and over. Passed by indefinitely in Transport 01/16/03 (11-Y, 3-N, 1-A).
HB 1938 Helmet Law repeal for 21 and over on Virgina byways. H1938 exempts motorcyclists operating on scenic highways and Virginia byways from the Motorcycle Helmet Law and makes failure to wear a required helmet a secondary offense.
HB 1894 Requires signs be posted 500 yrds. in advance of places of construction specifically hazardous to motorcycles
HB 1429 Repeal of 46.2-1085 Handlebar Height. Passed House 1/21/03 (72-Y, 26-N), passes over to Senate.

RECENT ACTIVITY:

Virginia - Introduces 7 bike bills:
HB491     Helmet Mod Bill - 21 and older. Initially in Transportation; moved to Militia and Police Committee. Sponsor: Del. Jack Reid
HB780 Repeals the helmet law effective 7/1/04, unless the law is reenacted. No committee assignment yet. Sponsor: Del. Jackie Stump
HB821 Repeals the helmet law effective 7/1/04 (period). No committee assignment yet. Sponsor: Del. Dick Black
HB833 Allows motorcyclists to ride without helmets on roadways designated as Scenic Highways. No committee assignment yet. Sponsor: Del. Sam Nixon
HB849 Prohibits places of public accommodation (restaurants & hotels) from discriminating against bikers and patch wearers. Sponsor: Jackie Stump
HB385 Commissions a special "Share The Road" license plate, the sale of which will help fund Virginias rider training program. Sponsor: Leo Wardrup
HB1255 Prohibits localities from enacting ordinances prohibiting parking two motorcycles in one marked space. Sponsor: Sam Nixon

Opinion - Dave Sutton, ABATE of Virginia

Feb, 2001 - HB 2508 made it out of committee, but failed 32 to 64 on the House Floor vote. The next meeting of the HLRC will be held at T&C's Restaurant in Waynesboro, VA on 2/25 to discuss this and next year's plans.

Jan 29, 2001 - HB2508 - will not be assigned to a subcommittee. Instead, it will be heard by the full Militia and Police Committee on Monday, January 29, 2001, at 3PM. Call your representatives: use this list and read Times-Dispatch article. HB 2508 full Status reports.

Jan 10, 2001 - HB2508 - an 18 and over Freedom of Choice helmet modification bill, was introduced by Jack Reid (R) HD72 and Sam Nixon (R) HD27 to the House of Delegates.

STATE WEBSITES:

-- DISCLAIMER --

The foregoing is provided as educational information only and is not legal advice.

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