Virginia Motorcycle Laws
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Virginia motorcycle accident victims are fortunate that THE Motorcycle Lawyer sm, Jason Waechter, is on your side. We are the motorcycle law firm that has perhaps represented more motorcycle accident clients than any other firm in Virginia. Jason Waechter is nationally known as THE Motorcycle Lawyer. sm
Before heading out, you should be familiar with Virginia’s laws. Jason Waechter is nationally known as THE Motorcycle Lawyer sm and provides you with up to date information on Virginia’s motorcycle laws.
Virginia Motorcycle Helmet Law
Virginia requires all motorcyclists to wear helmets, which means both the operator and passenger must wear a DOT-certified helmet. However, there are two exceptions to this rule. If you are driving less than 15mph, or in a parade organized by Virinigina’s Department of Transportation or a local municipality, then you don’t have to wear a helmet.
In addition to wearing a helmet, you must wear goggles, safety glasses, a face shield, or the motorcycle must have a windshield or safety glass.
Statute
§ 46.2-910. Motorcycle and autocycle operators to wear helmets, etc.; certain sales prohibited; penalty.
A. Every person operating a motorcycle or autocycle shall wear a face shield, safety glasses or goggles, or have his motorcycle or autocycle equipped with safety glass or a windshield at all times while operating the vehicle, and operators and any passengers thereon shall wear protective helmets. Operators and passengers riding on motorcycles with wheels of eight inches or less in diameter or in three-wheeled motorcycles or autocycles that have nonremovable roofs, windshields, and enclosed bodies shall not be required to wear protective helmets.
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.
Failure to wear a face shield, safety glasses or goggles, or protective helmets shall not constitute negligence per se in any civil proceeding. The provisions of this section requiring the wearing of protective helmets shall not apply to operators of or passengers on motorcycles or autocycles being operated
(i) as part of an organized parade authorized by the Department of Transportation or the locality in which the parade is being conducted and escorted, accompanied, or participated in by law-enforcement officers of the jurisdiction wherein the parade is held and
(ii) at speeds of no more than 15 miles per hour.
No motorcycle or autocycle operator shall use any face shield, safety glasses, or goggles, or have his motorcycle or autocycle 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.
B. It shall be unlawful to sell or offer for sale, for highway use in Virginia, any protective helmet that fails to meet or exceed any standard as provided in the foregoing provisions of this section. Any violation of this subsection is a Class 4 misdemeanor.
Penalties
If you fail to wear a helmet in Virginia it is a class four misdemeanor. Class four is the lowest level criminal offense. It does not come with jail time, but you could get a fine of up to $250.
Virginia Motorcycle License Requirements
Virginia requires all motorcyclists to have an M class license. There are three categories of M endorsements, which are:
- M: can operate two and three-wheeled motorcycles
- M2: can only operate two-wheeled motorcycles
- M3: can only operate a three-wheeled motorcycle
So how do you add an M designation to your license? First, you need a valid driver’s license. If you are 18 or older, you must complete the following:
- Pass the motorcycle knowledge exam
- Pass the vision screening
- Pass the motorcycle road skills test
- Obtain and hold a motorcycle learner’s permit for 30 days
If you are under 18 years old, you must complete the following:
- Pass the motorcycle knowledge exam
- Pass the vision screening
- Pass the motorcycle road skills test
- Obtain and hold a motorcycle learner’s permit for nine months
Penalties
If you do not have a valid driver’s license in Virginia, it is a class two misdemeanor offense. The penalties include up to six months in jail and up to a $1,000 fine for the first offense. If you are caught a second time driving without a license, you could spend up to 12 months in jail, a $2,500 fine, and three demerit points on your license.
Mandatory Insurance
Before taking your motorcycle out on Virginia’s roads, make sure you have the required minimum insurance coverage. Virginia requires:
- Property damage $20,000
- Bodily injury/death or two or more $50,000
- Bodily injury/death of one person $25,000
Penalties
If you are caught without insurance in Virginia, it is a class three misdemeanor and you must pay a $500 Uninsured Motor Vehicle (UMV) fee. The fee does not give you insurance, but it allows you to drive your uninsured vehicle at your own risk. The fee expires when your registration expires and needs to be renewed.
In addition to the fee, you could have your registration suspended. To reinstate your registration, you have to pay a $600 noncompliance fee, a reinstatement fee of $145, and file an SR-22 Financial Responsibility Insurance Certificate with the DMV for three years.
Motorcycle Equipment Specifications
Your passenger must have footrests and a seat, a two up seat is okay. Furthermore, your motorcycle must have headlights, a rearview mirror, and a horn if you are going to take the bike on public highways.
Statute
§ 46.2-909 Riding on motorcycles, generally.
Every person operating a motorcycle, as defined in § 46.2-100, excluding three-wheeled vehicles, shall ride only upon the permanent seat attached to the motorcycle, unless safety dictates standing on both footpegs for no longer than is necessary.
Such operator shall not carry any other person, unless the motorcycle is designed to carry more than one person, in which event a passenger may ride on the permanent seat if designed for two persons, or on another seat firmly attached to the rear or side of the seat for the operator. If the motorcycle is designed to carry more than one person, it shall also be equipped with a footrest for the use of such passenger.
§ 46.2-912 Operating motorcycle without headlight, horn or rearview mirror.
A. Notwithstanding any other provision of law, motorcycles may be operated without headlights, horns, or rearview mirrors on public highways if all the following conditions are met:
1. The motorcycles are designed for use in trail riding and
endurance runs;
2. The motorcycles are being driven by duly licensed persons;
3. The motorcycles are being operated between sunrise and
sunset; and
4. The motorcycles are being operated during endurance runs sanctioned by the American Motorcycle Association.
B. No person shall operate motorcycles without such equipment on the public highways of the Commonwealth other than at the times and under the circumstances set forth in this section.
Penalties
The Virginia Department may suspend your registration if you are pulled over and your motorcycle does not have the proper steering gear, windshield wiper, muffler, mirror, safety glass, turn signals, horn or warning device, lights, or brakes.
When an officer pulls you over, he can take your registration card, decal, and license plate until you correct the defects on your bike or receive a safety inspection sticker from an authorized safety inspection station. Once your motorcycle is properly inspected and you receive the sticker, your registration card, decal, and license plate are returned to you.
Motorcycle Moving Violations
In Virginia, there are two categories of traffic violations: primary and secondary. Primary violations allow an officer to pull you over and give you a citation. Speeding is an example of a primary violation. Secondary violations cannot lead to a traffic stop. Having a headlight is an example of a secondary violation.
Lane Sharing and Lane Splitting
Virginia does permit lane sharing as long as there are not more than two people riding side by side in the lane. However, lane splitting is illegal. If you are caught lane splitting, you will likely receive a ticket.
Reckless Driving
Reckless driving in Virginia is “any person who drives a vehicle on any highway recklessly or at a speed so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.”
Reckless driving in Virginia includes any of the following:
- Going faster than 85mph no matter what the posted speed limit is
- Going faster than 20mph of the posted speed limit
- Racing
- Injuring or causing a death while racing
- Passing two vehicles abreast
- Driving too fast for conditions
- Faulty brakes
- Failure to yield the right-of-way
- Failing to give proper signals
- Passing a stopped school bus
- Passing at a railroad grade crossing
- Driving with an obstructed view
- Aggressive driving
Reckless driving can be either a felony or misdemeanor, depending on the offense. For example, aggressive driving is a class two misdemeanor unless another person is injured, then it is bumped up to a class one misdemeanor.
Vehicular Manslaughter
If you cause an accident while driving under the influence of drugs or alcohol, you could be charged with involuntary manslaughter, which is also called vehicular manslaughter.
Vehicular manslaughter is a class five felony, so if convicted, you could receive up to 10 years in jail plus a fine of up to $2,500.
If you show “reckless disregard for human life,” the crime is aggravated involuntary manslaughter, which is a felony. Aggravated involuntary manslaughter comes with prison time of up to 20 years. The judge has to impose a mandatory minimum sentence of one year if you are convicted of this crime.
Statute
Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
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 motor vehicle 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.
A person is guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth
(i) at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit or
(ii) in excess of 85 miles per hour regardless of the applicable maximum speed limit.
Any person who engages in a race between two or more motor vehicles on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth shall be guilty of reckless driving, unless authorized by the owner of the property or his agent.
When any person is convicted of reckless driving under this section, in addition to any other penalties provided by law the driver's license of such person shall be suspended by the court for a period of not less than six months nor more than two years. In case of conviction the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of § 46.2-398.
A. A person is guilty of aggressive driving if
(i) the person violates one or more of the following:
§ 46.2-802 (Drive on right side of highways),
§ 46.2-804 (Failure to observe lanes marked for traffic),
§ 46.2-816 (Following too closely),
§ 46.2-821 (Vehicles before entering certain highways shall stop or yield right-of-way),
§ 46.2-833.1 (Evasion of traffic control devices),
§ 46.2-838 (Passing when overtaking a vehicle),
§ 46.2-841 (When overtaking vehicle may pass on right),
§ 46.2-842 (Driver to give way to overtaking vehicle),
§ 46.2-842.1 (Driver to give way to certain overtaking vehicles on divided highway),
§ 46.2-843 (Limitations on overtaking and passing), any provision of Article 8 (§ 46.2-870 et seq.) of Chapter 8 of Title 46.2 (Speed), or § 46.2-888 (Stopping on highways); and
(ii) that person is a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person.
B. Aggressive driving shall be punished as a Class 2 misdemeanor. However, aggressive driving with the intent to injure another person shall be punished as a Class 1 misdemeanor. In addition to the penalties described in this subsection, the court may require successful completion of an aggressive driving program.
A. Any person who, as a result of driving under the influence in violation of clause (ii), (iii), or (iv) of § 18.2-266 or any local ordinance substantially similar thereto unintentionally causes the death of another person, shall be guilty of involuntary manslaughter.
B. If, in addition, the conduct of the defendant was so gross, wanton and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.
C. The provisions of this section shall not preclude prosecution under any other homicide statute. This section shall not preclude any other revocation or suspension required by law. The driver's license of any person convicted under this section shall be revoked pursuant to subsection B of § 46.2-391.
Penalties
Penalties for reckless driving include points on your license, possible jail time, and fines, depending on what type of reckless driving you are convicted of.
If you receive 18 points within 12 months, you will have an automatic license suspension. There is no warning, your license will just be suspended. Furthermore, if you receive 24 points within 24 months, your license will be suspended as well.
Aggressive driving penalty is six points on your license and remains on your record for 11 years. If you are convicted of speeding 20mph over the speed limit, it only remains on your record for five years. If you fail to stop before entering a highway, it is four points on your license, which stays on your record for 11 years.
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