Mopeds; limitations on operation thereof. (HB1557)

Introduced By

Del. Ben Cline (R-Amherst)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Mopeds. Eliminates the $50 cap on fines for operating a moped faster than 35 mph, while under the age of 16, or without carrying identification. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/18/2008Committee
01/18/2008Presented and ordered printed 084823464
01/18/2008Referred to Committee on Transportation
01/29/2008Impact statement from DPB (HB1557)
01/31/2008Reported from Transportation with substitute (18-Y 1-N) (see vote tally)
01/31/2008Committee substitute printed 083533464-H1
02/01/2008Read first time
02/04/2008Read second time
02/04/2008Committee substitute agreed to 083533464-H1
02/04/2008Passed by for the day
02/05/2008Read second time
02/05/2008Amendment by Delegate Lingamfelter agreed to
02/05/2008Passed by for the day
02/06/2008Read second time
02/06/2008Amendment by Delegate Marsden agreed to
02/06/2008Engrossed by House - committee substitute with amendments HB1557EH1
02/06/2008Printed as engrossed 083533464-EH1
02/07/2008Read third time and passed House (75-Y 24-N)
02/07/2008VOTE: --- PASSAGE (75-Y 24-N) (see vote tally)
02/07/2008Communicated to Senate
02/08/2008Constitutional reading dispensed
02/08/2008Referred to Committee on Transportation
02/21/2008Reported from Transportation with amendment (15-Y 0-N)
02/25/2008Constitutional reading dispensed (40-Y 0-N)
02/26/2008Read third time
02/26/2008Reading of amendment waived
02/26/2008Committee amendment agreed to
02/26/2008Engrossed by Senate as amended
02/26/2008Passed Senate with amendment (40-Y 0-N) (see vote tally)
02/27/2008Placed on Calendar
02/28/2008Senate amendment agreed to by House (57-Y 39-N)
02/28/2008VOTE: --- ADOPTION (57-Y 39-N)
03/03/2008Enrolled
03/03/2008Bill text as passed House and Senate (HB1557ER)
03/04/2008Impact statement from DPB (HB1557ER)
03/04/2008Signed by Speaker
03/04/2008Signed by President
03/10/2008G Approved by Governor-Chapter 525 (effective 7/1/08)
03/17/2008G Acts of Assembly Chapter text (CHAP0525)

Comments

Tracy Ingram writes:

ANOTHER bad piece of legislation out of the WORST legislators in Virginia's history, without a doubt.
This bill seeks to enact a law that is not needed, targets illegals that do not have license, and will inadvertantly impact every citizen in the commonwealth that chooses to reduce their carbon footprint.
By operating your moped, which there are now ELECTRIC MOPEDS that use NO GAS, at 36 mph, under this bill, you can have your moped REDEFINED, illegally I might add, from the moped class to the motorcycle class.
What DOES this REALLY mean ?
It means THIS to the law abiding citizens of the commonwealth.
You will NOT be fined a mere 50 dollars as this law is written, since your vehicle will now be REDEFINED ON THE FLY from a VEHICLE WHEN OPERATED ON THE HIGHWAY (horse, bicycle, electric bicycle and moped) to a MOTOR VEHICLE WHEN OPERATED ON THE HIGHWAY, you will be SUBJECT TO MANY ADDITIONAL CHARGES, SOME VERY SERIOUS AND COSTLY.
For instance, if you are charged for operating a moped at 36 mph under this law, you will be deemed to be operating a motorcycle, and fined 50 dollars.
You will ALSO be charged as follows...
Operating an UNREGISTERED MOTOR VEHICLE
Operating an UNINSURED MOTOR VEHICLE
and possibly OPERATING A MOTORCYCLE WITHOUT A CLASS C MOTORCYCLE ENDORSEMENT
and for those operating in a city/county that does not require a helmet while riding a moped (there is no state moped helmet law) you can also be charge with operating a MOTORCYCLE WITHOUT A HELMET.

So, lets look at this mere 50 dollar fine.

Operating an uninsured motorcycle
VERY SERIOUS, YOU WILL HAVE TO FILE A SR-22 for THREE YEARS AND YOUR AUTO INSURANCE RATES WILL DOUBLE

Operating an unregistered vehicle, probably a couple of points there, and a nice fine.

Operating a motorcycle witjhout a class C endorsement, well, just tack this onto the uninsured charge, DMV is going to have a filed day with you, with all these points at one, even if you have no priors. you may rack up enough to get a 6 month license suspension.

Oh, and operating un uninspecting motor vehicle, forgot that one.

Why is this bad law ?
It was firstly, sponsored b y an IDIOT that could not interpret existing law and USE IT to stop the problem he had in one small area in Virginia where people with no licenses modify mopeds to travel 45 to 55 mph.

The existing law CLEARLY STATES that if the MOTOR exceeds certain CC limits, it is NOT a moped and ALREADY was a motorcycle.

But, the POLICE are too LAZY to investigate, and look at the cylinder head on the moped to see if it has been replaced or modified to a larger size (the CC is stamped on it), instead, they want to be able to sit on their ASS in a car with a radar unit and go, GOT HIM.

And the idiot that introduced this legsilation agreed with them.

And now, the citizens of the commonwealth will get caught up in yet another version of the abusive driver fee's all over again.

But they are not supposed to care, this time it is targetting ilegal aliens and not the class of people in their SUV's.

But as the electric mopeds arrive this year, and the prototypes have been in testing on Virginia roads since 2007, and the first ones arrive at dealers Arpil 1, 2008, thise that choose to GO ELECTRIC to run to the store and make local errands will have to consider is it REALLY WORTH IT to save some gas, reduce some pollution, and keep the value of the fimaily vehicle a little higher by placing less local miles on it, IF, there end result may be massive fines, loss of license and higher insurance rates, all because they went down a hill on their electric moped and hit 36 mph in a 45 mph zone.

Most will probably think not, until the one brave soul goes to the VA Supreme court and gets it all overturned because it is BAD LAW to begin with, because, it seeks to REDEFINE legal definitons that are in the DEFINITION of the law, on the fly.

This is PRECEDENT SETTING LEGISLATION.

NO WHERE in the Va Code is a legal definiton REDEFINED outside of the defining code section by another code that ahs nothing to do with the definiton sections.

The upper courts will have yet another field day as they SPANK the current legislators in the House and Senate.

WHO is running the Va government, did ANY of them pass the Bar ?

And more importantly, why ar the citizens just standing around while these Legislators LEARN how to practice law on our dime and time ?

Based on some of the recent laws that have been passed and their being later overturned on appeal or outright outrage by the citizenry, I think it is time to thnk about cleaning house in Va and requiring some resumes for potential candidates, as the ones we have from the bottom to the top are prvong to be extremely inept at doing what they were elected to do.

The LAW to address the sponsoring delegates concenrs ALREADY exists, but that was missed by the hundreds of people involved in governing the state, now we have all of this left up to one guy, the Governor, wonder what he will do ?

As you read these definitions, which are NOT changed by the new law, keep in mind that there isa BIG difference between a VEHICLE and a MOTOR VEHICLE and the legal consequences arising from there use on the public roads of Virginia.

§ 46.2-100. Definitions.

"Moped" means every vehicle that travels on not more than three wheels in contact with the ground that has (i) a seat that is no less than 24 inches in height, measured from the middle of the seat perpendicular to the ground and (ii) a gasoline, electric, or hybrid motor that displaces less than 50 cubic centimeters. For purposes of Chapter 8 (§ 46.2-800 et seq.) of this title, a moped shall be a vehicle while operated on a highway.

"Motorcycle" means every motor vehicle designed to travel on not more than three wheels in contact with the ground and is capable of traveling at speeds in excess of 35 miles per hour. The term "motorcycle" does not include any "electric personal assistive mobility device," "electric power-assisted bicycle," "farm tractor," "golf cart," "moped," "motorized skateboard or scooter," "utility vehicle" or "wheelchair or wheelchair conveyance" as defined in this section.

"Motor vehicle" means every vehicle as defined in this section that is self-propelled or designed for self-propulsion except as otherwise provided in this title. Any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space shall be considered a part of a motor vehicle. For the purposes of this title, any device herein defined as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped shall be deemed not to be a motor vehicle.

"Operator" or "driver" means every person who either (i) drives or is in actual physical control of a motor vehicle on a highway or (ii) is exercising control over or steering a vehicle being towed by a motor vehicle.

"Vehicle" means every device in, on or by which any person or property is or may be transported or drawn on a highway, except devices moved by human power or used exclusively on stationary rails or tracks. For the purposes of Chapter 8 (§ 46.2-800 et seq.) of this title, bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and mopeds shall be vehicles while operated on a highway.