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Helmet
Laws in Virginia
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MANDATORY
MOTORCYCLE HELMET LAW IN
VIRGINIA |
STATUTE:
Title
46.2. Motor Vehicles.
Subtitle III. Operation.
chapter 8. Regulation o
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 Virginia
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. |
WEBSITES:
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