The laws governing the use of motorcycles including licensing and helmet requirements in the Commonwealth of Virginia are straightforward, but there are a lot of them! In this post, we break down the laws and answer some FAQ’s like “What is the VA helmet law?” and “Is lane-splitting legal in Virginia?”
HELMET LAW
Every person riding a motorcycle must wear a helmet, whether they are the driver or the passenger. According to Virginia motorcycle helmet law, the helmet must be DOT-certified.
Additionally, if your cycle does not have a windshield, you must also wear eye protection such as goggles, safety glasses, or a face shield. This does not apply to passengers.
There are exceptions to the helmet laws:
- If you are driving/riding less than 15 miles per hour. (So if you are moving your motorcycle from the driveway into the garage, for instance, you do not need to put your helmet on.)
- If you are driving/riding in a parade organized by a government entity such as the Commonwealth of Virginia or a local municipality.
Penalty: Breaking any of these Virginia motorcycle laws is a Class 4 Misdemeanor, which means you could pay a fine of up to $250.
LICENSE LAWS
Operating a motorcycle in Virginia requires one of three types of M class licenses:
- M: You can operate 2- or 3-wheeled motorcycles
- M2: You can only operate 2-wheeled motorcycles
- M3: You can only operate 3-wheeled motorcycles
How do you get an M class license to operate a motorcycle? The first step is to obtain a valid driver’s license. Once you have done that, you must complete the following:
- 18 years and up
- Pass the motorcycle written exam
- Pass the motorcycle driving exam
- Pass the vision test
- Hold a motorcycle learner’s permit for 30 days
- Under 18 years old
- Pass the motorcycle written exam
- Pass the motorcycle driving exam
- Pass the vision test
- Hold a motorcycle learner’s permit for 9 months
Penalty: Breaking any of these motorcycle laws in Virginia is a Class 2 Misdemeanor, which means you could pay a fine of up to $1,000 and/or spend up to 6 months in jail. For a second offense, it goes up to a Class 1 Misdemeanor, which means you could pay a fine of up to $2,500 and or spend up to 12 months in jail.
INSURANCE LAWS
As with cars, Virginia requires a minimum insurance coverage for motorcycles. The current requirement is:
- Property damage $20,000
- Bodily injury/death or two or more $50,000
- Bodily injury/death of one person $25,000
Penalty: Breaking this law is a Class 3 Misdemeanor, which means you could pay a fine of up to $500. If you do not carry the required insurance, DMV will require you to pay a $500 Uninsured Motor Vehicle (UMV) fee which permits you to drive your motorcycle uninsured at your own risk until your registration needs to be renewed.
Additionally, your registration could be suspended, and reinstatement and non-compliance fees cost $745 or more.
EQUIPMENT LAWS
Every motorcycle being operated on public roads must have:
- A headlight
- A rearview mirror
- A horn
The primary exception is if you are riding during the daytime, because then headlights are not necessary, and you can use arm signals instead of turn signals if they are broken. Another exception is endurance runs sanctioned by the American Motorcycle Association.
Other requirements:
- Proper steering gear
- Windshield wiper
- Muffler
- Safety glass
- Turn signals
- Brakes
Every motorcycle with a passenger must have:
- A seat for the passenger (either on the back or in a sidecar)
- A footrest for the passenger
Penalty: Breaking any of these laws is an infraction, not a misdemeanor, but your registration could be suspended until the problem is resolved.
MOVING VIOLATIONS
Motorcyclists are subject to all traffic laws. Here are some common topics for motorcyclists:
- Lane splitting: This is illegal in Virginia.
- Lane sharing: This is allowed, as long as only two motorcycles ride abreast. There is no lane sharing with a car allowed.
- Reckless driving: This includes speeding, racing, causing injury, passing people riding two abreast, etc. For more information on reckless driving, see this blog post.
Penalty: Lane splitting is a moving violation, and you could receive a traffic citation and demerit points on your license.
Reckless driving penalties in Virginia vary from Class 2 Misdemeanor to Class 6 Felony. Those penalties always come with demerit points on your license.
NEED HELP?
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