If you ride, you know that there are a lot of misconceptions about motorcyclists and the law. Myths and stereotypes abound. So, it is important to stay informed about the law and know your rights as a motorcyclist in Virginia. At Marks & Harrison, we want all Virginia motorcycle riders to have the facts. With this in mind, here is a brief list of some of the more important laws and regulations that apply to motorcycles in Virginia.
What Are the Helmet Laws in Virginia?
Virginia law requires everyone to wear a helmet when riding a motorcycle. This law applies to the operator and passengers of all ages. Helmets must meet certain minimum regulatory guidelines, as set forth by one of the following entities:
- Snell Foundation
- American National Standards Institute
- U.S. Department of Transportation
In fact, it is illegal to advertise or sell a helmet in Virginia if it fails to meet these standards. Keep in mind that riders should also have either eye protection (goggles or glasses) or a windshield installed on their motorcycle.
Virginia Motorcycle Gear Requirements
Virginia has no minimum requirement regarding the gear and clothing you must wear. However, you should keep some serious safety considerations in mind. First, never wear flip flops or open-toe shoes. Amputations are some of the most common lower extremity injuries in motorcycle crashes. If you have to lay down the bike, you could easily lose toes or a foot if you are wearing improper footwear. A solid, leather boot that extends above the ankle is always your best choice.
Likewise, do not wear synthetic clothing. It can melt to skin and cause severe burns. Instead, choose natural fabrics, leather or specially designed clothing. Reflective gear is always an added safety bonus.
Motorcycle Equipment Rules
Beyond what you wear, certain minimum standards apply to motorcycles in Virginia. In general, headlights, horns and rearview mirrors are required for all motorcycles on the roadway. However, there are some exceptions. According to Section 46.2-912 of the Virginia Code, you do not need these items if:
- The motorcycle is specifically designed for trail riding and endurance runs.
- You are licensed to operate it.
- You only operate during daylight hours (sunrise to sunset).
- You are participating in an endurance run sanctioned by the American Motorcycle Association.
Because these are narrow exceptions, most motorcycles will need to be equipped with the following, according to Section 46.2-1012 of the Code:
- At least one headlight that can be seen from 200 feet
- A tail light visible from 500 feet
- A working brake light
- A white light to illuminate the license plate, which is visible from at least 50 feet.
In addition to these requirements, the motorcycle must have a working muffler or sound-dissipating device. Exhaust systems must be in working order and comparable to stock equipment. However, Virginia does not set a decibel limit for motorcycles. If you frequently travel through certain municipalities, you should check those towns, as they may have stricter and more specific rules with respect to sound.
Motorcycle License Requirements
To legally operate a motorcycle in Virginia, you must carry a Class M driver’s license. There are three different Class M designations:
- Class “M” – Allowed to operate two-wheeled and three-wheeled motorcycles
- Class “M2” – Only allowed to operate two-wheeled motorcycles
- Class “M3” – Only allowed to operate three-wheeled motorcycles
Most people licensed to operate a motorcycle in Virginia are licensed to drive other motor vehicles as well. However, you can also have a Class M driver’s license permitting you to operate motorcycles only. This is indicated by a “6” added to your license restrictions.
If you already have a standard Virginia driver’s license, you can add a Class M designation by going to a DMV office and passing a vision test, road skills test, and knowledge test. As an additional prerequisite, you must carry a motorcycle learner’s permit for 30 days if you are 18 years old or older. If you are younger than 18, you must do so for nine months.
If you complete the Virginia Rider Training Program, you may skip the road skills test and knowledge test. Completing the program grants a temporary “M2” or “M3” designation. However, you have only 30 days after completing the program to have the designation added to your license at the DMV.
Motorcycle Registration Requirements
Anyone who wants to legally operate a motorcycle in Virginia must have a valid motorcycle registration card, license plate, and title. There is a $26.75 fee to register your motorcycle. You can also obtain a personalized license plate for an additional $10 per year.
When you register your motorcycle, you must also show that it is insured by a company authorized to do business in Virginia. Finally, all motorcycles registered in Virginia must be insured for the entire period of your registration.
What Is Lane-Splitting?
Lane-splitting means two vehicles occupying the same lane simultaneously. In general, this is illegal in Virginia. Motorcyclists cannot pass between other vehicles or pass cars within the same lane. However, there is one limited exception: Motorcyclists can lane split with each other.
Is Side-by-Side Riding Legal in Virginia?
Not only is it legal for motorcycles to ride together in groups in Virginia, with bikes riding side by side, it is also often safer to do so. For one reason, multiple motorcycles riding together in the same lane increases visibility by adding more mass and more headlights. A distracted driver approaching from the rear is more likely to see two taillights than just one. Also, drivers who may be inclined to pass too closely or pass within the motorcycle’s lane will be forced to change lanes and pass as usual, because two motorcycles will take up more space and “fill” the lane.
Can You Have Child Passengers on Motorcycles?
Virginia is among a group of states that do not specifically set a minimum age limit for riding on a motorcycle as a passenger. However, Virginia requires the following rules to be followed by passengers of any age. Passengers must:
- Use footrests or pegs
- Have a separate passenger seat
- Wear an approved helmet with eye protection.
Additionally, as a matter of common sense, if the young rider cannot reach the foot pegs or hold on for the entire ride, then the rider is too young. Very young riders (under age 8) may have difficulty finding DOT-approved helmets that fit, and they may not be capable of understanding and following instructions, which could lead to serious safety issues. Each child is different. So, this is one area where personal judgment is necessary.
Can You Legally Run a Red Light?
Many red lights in Virginia are equipped with sensors to detect when a vehicle is waiting. These sensors trigger the light to change. These sensors work in tandem with regular traffic cycles. However, many motorcycles (especially smaller units) may not be heavy enough or contain enough metal to trip the sensor. Virginia law allows motorcycle riders to proceed through a red light, as long as the motorcyclist:
- Comes to a full and complete stop
- Checks all directions of travel
- Waits at least two full cycles or two minutes (whichever is shorter).
If all of those conditions exist, the motorcyclist can carefully proceed. However, the motorcyclist must yield the right-of-way to other drivers approaching the intersection.
This rule can be very handy in rural settings where you would otherwise have to sit and wait indefinitely for the light to change. It is not recommended for busier intersections.
HOV Lanes and Motorcycles
Despite common myths, HOV lanes are not just for carpooling. They are designed to keep traffic moving. Since motorcycles are more agile and take up less space on the road, they are allowed by law to use HOV lanes in Virginia. If you regularly commute in the D.C. metro area, you may also want to check the Commuter Page to see additional rules for using HOV lanes.
What to Do After a Motorcycle Accident in Virginia
Auto accidents can be stressful and disorienting. However, there are certain steps you should take to protect yourself and your rights. Consider taking the following steps if injured in a Virginia motorcycle accident:
- Report the accident– Inform the authorities. The police officers dispatched to the accident will prepare a police report and document the scene. This information will become important evidence if you file a personal injury claim.
- Collect driver information – Before leaving the scene you should collect important information from all other drivers involved in the crash. Collect their full names, addresses, phone numbers, driver’s license numbers, license plate numbers, vehicle registration numbers, insurer names, and insurance policy numbers. Also, collect the contact information of any witnesses to the accident.
- Document the scene– Visually document the crash scene, your injuries, damage to all vehicles involved in the collision, road conditions, weather conditions, and evidence of impaired driving. Photographs and videos can turn the tide of your case.
- Seek medical attention– Evaluate your injuries and seek medical attention as needed. Remember that many injuries do not appear until some time has passed after the accident. No matter how small, do not underestimate your injuries. Ultimately, the extent of your injuries translates into the compensation you are entitled to from the at-fault driver.
- Save your medical records– Make sure you thoroughly describe all injuries and discomfort to your doctors so that they may be properly documented in your medical records. These records will be the primary evidence used to establish the extent and severity of your injuries. In turn, this will be used to calculate your compensation.
- Beware of insurance companies– Insurance companies are not your friends. Even your own insurer does not want to pay out more than they have to. Therefore, exercise caution when discussing your accident and injuries with adjusters. Do not admit fault or accept settlement offers before speaking with an attorney.
- Hire a motorcycle accident attorney– Speak with a personal injury attorney as soon as possible after your accident. Your attorney will be your closest ally on the path toward maximum compensation for your injuries. They will make sure you know your rights and are not taken advantage of.
Call Today for a Free Consultation with A Motorcycle Accident Lawyer
Sadly, no matter how safe you are or how many precautions you take, there are always going to be dangerous drivers on the road who, due to intoxication, distraction or lack of concern for others, will pose a threat to you and your loved ones. If one of these negligent drivers hurts you or someone you love, contact us today to schedule a free consultation with an experienced motorcycle lawyer.
We don’t charge for an initial meeting, so it can be an excellent opportunity to ask questions and get early help with your case. With offices in Richmond and throughout Virginia and more than 100 years of experience with protecting the rights of accident victims and their families, Marks & Harrison is ready to help you today.
