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:

• State Legislature
• Virginia DMV
• Virginia ABATE