July 1, 2012 - 2 changes to VA Code

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July 1, 2012 - 2 changes to VA Code

Postby BMWGirl » Mon Jul 02, 2012 11:19 am

Just wanted to give everyone a reminder....


From: Matt Danielson <matt@motorcyclelawgroup.com>
Date: July 2, 2012 7:53:34 AM EDT
Subject: Two Changes to Virginia Code Which Affect Motorcyclists



On to the point of this email. I want to remind everyone of the changes to Virginia code that went into effect yesterday. The first is § 46.2-103 which governs the stopping of motor vehicles by law enforcement. It has been amended to make clear that law enforcement does not have the authority to conduct motorcycle only checkpoints in Virginia. The code now reads as follows:

Except as prohibited by § 19.2-59, on his request or signal, any law-enforcement officer who is in uniform or displays his badge or other sign of authority may:

1. Stop any motor vehicle, trailer, or semitrailer to inspect its equipment, operation, manufacturer's serial or engine number; or

2. Stop any property-carrying motor vehicle, trailer, or semitrailer to inspect its contents or load or to obtain other necessary information.

Nothing in this section, however, shall be construed to authorize the establishment on any highway of police check-points where the only vehicles subject to inspection are motorcycles.

The second change is to § 46.2-857 which is the statute that makes it reckless driving to drive a motor vehicle abreast of another motor vehicle in a single lane. The change that went into effect yesterday makes it legal for two two-wheeled motorcycles to travel abreast in a single lane. The code now reads as follows:

A person shall be guilty of reckless driving who drives any motor vehicle so as to be abreast of another vehicle in a lane designed for one vehicle, or drives any motor vehicle so as to travel abreast of any other vehicle traveling in a lane designed for one vehicle. Nothing in this section shall be construed to prohibit two two-wheeled motorcycles from traveling abreast while traveling in a lane designated for one vehicle. In addition, this section shall not apply to (i) any validly authorized parade, motorcade, or motorcycle escort, (ii) a motorcycle traveling in the same lane of traffic as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall it apply to (iii) any vehicle when lawfully overtaking and passing one or more vehicles traveling in the same direction in a separate lane.

These changes to Virginia code reflect the hard work and cooperation of motorcyclists across the Commonwealth. It also demonstrates that we are not hostages of the system. If we disagree with a law we have the collective power to change it. We have proven that time and time again.

As always, if anyone has any questions or comments about anything that I have written please do not hesitate to contact me. In the meantime I wish everyone great riding and cool weather (please).

Matt Danielson

McGrath & Danielson

Tom McGrath's Motorcycle Law Group

1-800-321-8968

Motorcyclelawgroup.com
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