HB1400 - bill to repeal mandatory helmet usage by adults 21 and over - was voted on in the Virginia House of Delegates, February 7, 2006. The bill failed to pass by 42 - 57.

Thanks to all who worked to get this bill through this year and especially those that dedicated some of their time to go to Richmond and lobby in the capitol. These efforts are priceless and as you can imagine, we need more of this during the off session.

Watch the Floor Reading and Vote

HB1400 2nd Reading and Floor Vote
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HB1400 2nd Reading and Floor Vote
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Take a look at how the representatives voted. Then look at the Adopt-A-Rep list http://www.vfr-race.com/handouts/adoptarep.xls It lists each delegate, which district they represent, and contact info. Pick a couple of "No" votes and dedicate time this year to working with those representatives to sway their vote. They don't need to be your representative and you don't need to do this alone. Contact me (misspenny@vfr-race.com) or Jim Cannon (jim@tommcgrathlaw.com) if you need help and we'll be sure you get it. We CAN do this in Virginia, but it will take YOUR help to get there.

Here's the list of how the vote on HB1400 went:

YEAS--Abbitt, Albo, Armstrong, Athey, Bell, Bowling, Byron, Cline, Cosgrove, Cox, Dudley, Fralin, Frederick, Gear, Gilbert, Griffith, Hall, Hogan, Hugo, Hurt, Iaquinto, Ingram, Janis, Joannou, Johnson, Kilgore, Lingamfelter, Nixon, Nutter, Peace, Phillips, Putney, Rapp, Reid, Saxman, Scott, E.T., Sherwood, Shuler, Suit, Ware, R.L., Welch, Wright--42.

NAYS--Alexander, Amundson, BaCote, Barlow, Brink, Bulova, Callahan, Caputo, Carrico, Cole, Crockett-Stark, Dance, Ebbin, Eisenberg, Englin, Hamilton, Hargrove, Howell, A.T., Hull, Jones, D.C., Jones, S.C., Landes, Lewis, Lohr, Marsden, Marshall, D.W., Marshall, R.G., May, McClellan, McEachin, McQuigg, Melvin, Miller, Moran, Morgan, O'Bannon, Oder, Orrock, Plum, Poisson, Purkey, Rust, Scott, J.M., Shannon, Sickles, Spruill, Tata, Toscano, Tyler, Valentine, Waddell, Ward, Wardrup, Ware, O., Watts, Wittman, Mr. Speaker--57.

NOT VOTING--Parrish--1.

This bill is over for this Legislative session - but our work is just beginning! Stay involved - spread the word. Together we can do this.

Penny Adams
Virginia Freedom Riders - Legislative Officer

A BILL to amend and reenact § 46.2-910 of the Code of Virginia, relating to motorcycles; wearing of helmets by certain operators and passengers; penalty.

Patrons-- Janis, Armstrong, Athey, Cline, Gilbert, Hurt, Kilgore, Lingamfelter, Reid and Wright

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-910 of the Code of Virginia is amended and reenacted as follows:

§ 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 who are less than 21 years old and any passengers thereon who are less than 21 years old shall wear protective helmets. Operators and passengers riding on motorcycles with wheels of eight inches or less in diameter or in three-wheeled motorcycles which have nonremovable roofs, windshields and enclosed bodies shall not be required to wear protective helmets. 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. Failure to wear a face shield, safety glasses or goggles, or protective helmets shall not constitute negligence per se in any civil proceeding. The provisions of this section requiring the wearing of protective helmets shall not apply to operators of or passengers on motorcycles being operated (i) as part of an organized parade authorized by the Department of Transportation or the locality in which the parade is being conducted and escorted, accompanied, or participated in by law-enforcement officers of the jurisdiction wherein the parade is held and (ii) at speeds of no more than fifteen miles per hour.

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.

B. It shall be unlawful to sell or offer for sale, for highway use in Virginia, any protective helmet that fails to meet or exceed any standard as provided in the foregoing provisions of this section. Any violation of this subsection shall constitute a Class 4 misdemeanor.