Keith Mack
Virginia has several laws and statutes that relate to motorcyclists, including licensure, inspections, and the use of public roads. The state also has universal motorcycle helmet laws, requiring all riders to wear a helmet that meets certain minimum requirements. Riders must also wear eye protection or have a windshield, and their bikes must pass an annual safety inspection. Lane splitting and lane filtering are illegal in Virginia and can result in fines and potential jail time. However, motorcyclists are allowed to ride alongside cars within the same lane, and cautiously proceed through non-responsive red lights after two rotations of the traffic signal or two minutes, whichever is shorter.
| Characteristics | Values |
|---|---|
| Helmet Requirement | All riders, regardless of age or experience, must wear an approved helmet. |
| Eye Protection | Riders must wear eye protection or have a windshield. |
| Minimum Age | Riders must be over 18 years old. |
| License Requirements | Riders must have an M, M2, or M3 designation on their license. M2 is for two-wheel bikes, M3 is for three-wheel bikes, and M is for both two-wheel and three-wheel bikes. |
| Skills Test | Riders must pass a skills test, a vision exam, and a written knowledge exam. |
| Headlights, Horns, and Rearview Mirrors | Motorcycles need headlights, horns, and rearview mirrors unless designed for trail riding and operated during daylight hours. |
| Lane Splitting | Lane splitting and lane filtering are illegal and considered reckless driving. |
| Lane Sharing | Up to two bikes can share the same lane side-by-side without breaking the law. |
| HOV Lanes | Motorcycles are allowed to use HOV lanes. |
| Insurance | Motorcycles must have valid insurance. |
| License Plate | Motorcycles must have a securely fixed license plate. |
| Annual Safety Inspection | Motorcycles must pass an annual safety inspection. |
| Moped Age Requirement | Moped operators must be at least 16 years old. |
| Moped Decal | Mopeds must have a decal stating the maximum engine displacement, wattage, and speed. |
| All-Terrain Vehicles | ATVs cannot be operated on public highways except under specific circumstances. |
| Penalties | Violation of traffic laws can result in a fine of up to $100, while failing to wear a helmet is a Class 4 misdemeanor with a fine of up to $250. |
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What You'll Learn
Virginia motorcycle helmet law
Virginia has universal motorcycle helmet laws, which means that all riders and passengers, regardless of age or experience, must wear an approved helmet. The helmet must meet or exceed the standards and specifications of the Snell Memorial Foundation, the American National Standards Institute (ANSI), or the U.S. Department of Transportation (DOT) to be considered road-legal. In addition to wearing a helmet, riders must also wear eye protection or have a windshield.
Failing to wear a helmet in Virginia is a Class 4 misdemeanour, which can result in a fine of up to $250 but no jail time. For a second offence, it becomes a Class 1 misdemeanour, which can result in a fine of up to $2,500 and/or up to 12 months in jail.
To legally operate a motorcycle on the road in Virginia, riders must have either an M, M2, or M3 designation on their license. M2 is for traditional two-wheel bikes, M3 is for three-wheel bikes, and M is for both two-wheel and three-wheel bikes. Riders must be over 18 years old and hold a learner's permit for at least 30 days. They must also pass a ridden skills test, a vision exam, and a written knowledge exam.
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Lane splitting and lane filtering
Lane splitting refers to when a motorcyclist rides between two lanes of car traffic heading in the same direction, regardless of the speed of the vehicles involved. Lane filtering, on the other hand, occurs when a biker rides between lines of cars that are stopped or travelling very slowly, often at red lights or during bumper-to-bumper traffic. While lane splitting is illegal in nearly every state, lane filtering sees more acceptance. Motorcyclists engage in lane filtering to avoid congestion and reduce the risk of rear-end collisions.
In 2020, a bill was introduced in Virginia's General Assembly to legalise lane filtering in certain situations. The proposed legislation would have permitted motorcycles to ride between lanes of cars that are stopped or travelling at 10 miles per hour or slower. In these cases, the biker could pass other vehicles at up to 20 mph, as long as it was safe to do so. However, this bill was ultimately vetoed by the governor.
The lack of legal protection for lane filtering in Virginia means that bikers risk not being able to collect damages in a personal injury claim if they are hurt in a collision. Under Virginia's contributory negligence standard, a victim of a motorcycle crash cannot recover damages if they are in any way liable for the incident. As lane filtering violates traffic law, bikers who engage in this practice may be deemed at fault in the event of an accident.
While lane splitting and lane filtering are illegal in Virginia, there is no law explicitly preventing these practices. This grey area means that law enforcement officers may use their discretion in deciding whether to pull someone over for lane splitting or lane filtering.
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Traffic lights and sensors
Virginia uses sensors to detect vehicles at intersections and change traffic lights. However, motorcycles are often too small to be detected by these sensors, which can cause issues at traffic lights. In these cases, Virginia allows motorcyclists to cautiously proceed through non-responsive red lights after either two rotations of the traffic signal or two minutes, whichever is shorter. Before proceeding, the motorcyclist must come to a full stop, check all directions, and wait at least two full minutes or cycles. Lane splitting and lane filtering are illegal in Virginia, but lane sharing, which refers to riding side-by-side or abreast in the same lane, is permitted.
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License requirements
To legally ride a motorcycle in Virginia, you must have either a motorcycle-only license or an ""M" designation on a standard driver's license. Riders must be over 18 years old and hold a learner's permit for at least 30 days. They must also pass a written knowledge test, a vision exam, and a riding skills test. The motorcycle-only driver's license costs $6 per year and is normally valid for 8 years.
The "M" designation indicates that you may operate a motorcycle. If your license displays "M2" or "M3", this indicates the type of motorcycle you may operate—M2 is for traditional two-wheel bikes, and M3 is for three-wheel bikes. If your license displays both an ""M", "M2", or "M3" designation and a "6" listed under "Restriction", you may only operate a motorcycle and may not operate a motor vehicle.
In addition to the above requirements, you must register your motorcycle with the DMV and have valid insurance. You must also have a securely fixed license plate and pass an annual safety inspection.
Virginia has universal motorcycle helmet laws, meaning that all riders, regardless of age or experience, must wear an approved helmet that meets certain minimum requirements. Riders must also wear eye protection or have a windshield.
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Insurance and accident claims
Virginia's motorcycle laws can have a significant impact on insurance and accident claims. The state has universal motorcycle helmet laws, requiring all riders to wear a helmet that meets specific standards. Failing to wear a helmet is a Class 4 misdemeanour, punishable by a fine of up to $250. Additionally, riders must use eye protection or have a windshield, and passengers are required to use footrests or pegs, have their own seats, and also wear helmets and eye protection.
Lane splitting and lane filtering are illegal in Virginia, and riders found violating these laws may face reckless driving charges, resulting in fines or even jail time. However, motorcyclists are permitted to cautiously proceed through non-responsive red lights after waiting for two rotations of the traffic signal or two minutes, whichever is shorter.
In the unfortunate event of a motorcycle accident in Virginia, it is crucial to understand your rights and the applicable laws. If you have sustained injuries, it is advisable to seek legal assistance from a Virginia motorcycle accident attorney, as they can guide you through the complex legal process and help protect your rights. The state has a two-year statute of limitations for filing accident-related lawsuits, and it is essential to act promptly to preserve evidence and comply with procedural rules.
When dealing with insurance companies, it is recommended not to provide a recorded statement without legal advice. Insurance companies may offer low initial settlements, and accepting such offers may waive your right to pursue additional compensation. Virginia's Contributory Negligence laws and the tactics employed by insurance companies can make accident claims challenging. If you have health insurance, it can cover your medical bills, but you may be required to reimburse your plan if you receive compensation from the negligent party for your medical expenses.
Virginia has unique auto insurance requirements. While the state does not mandate auto insurance for all drivers, those who choose to drive without it remain personally liable for any injuries or damages caused in an accident. The minimum auto insurance requirements in Virginia include liability insurance, which covers injuries and property damage inflicted on others, not the policyholder. Therefore, it is essential to carefully consider the level of coverage you need to protect yourself financially in the event of a collision.
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