Virginia law, particularly item 2 is interesting. i don't know if any of a similar situation exists here.
INDEX
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Title
1; Beware. Your GPS may be spying on you
2; Do not be Denied Access in Virginia
3; Do Not Make a Statement at the Scene of an Accident
4; Protect You and Your Passenger
5; What is Your Bike Worth - Probably Less Than You Think
6; You are not violating Virginia law if you ride with a Non-DOT Helmet
7; The Fight for the Rights of Motorcyclists is about more than Helmets
8; Patches, Colors and the Virginia Department of Alcoholic Beverage Control
9; Why Motorcyclists Everywhere Should Be Watching Myrtle Beach
10; Virginia Law Does Not Prohibit Mounting Your Motorcycle License Plate Vertically
11; What to do (and not do) if in an Accident
12; Myrtle Beach Part 2
13; Motorcycle Only Checkpoints and the Fourth Amendment
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1; Beware. Your GPS may be spying on you
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2; Do not be Denied Access in Virginia
Residents and visitors to the Commonwealth of Virginia - have you ever attempted to park in a public parking lot or parking garage and been faced with a sign reading in whole or in part that motorcycles are not allowed? Have you ever attempted to use any roadway to enter any public property only to find out that motorcycles may not enter the property? If you have then the locality which is restricting you access merely because you are on a motorcycle is breaking the law.
Section 33.1-13.1 of the Code of Virginia, prohibits the imposition of any requirement of which the principal purpose is to restrict or inhibit the access of motorcycles and motorcyclists to any highway, bridge, tunnel, or other transportation facility. This provision applies to any roads or transportation facility undertaken or operated by counties, cities, towns and other political subdivisions of the Commonwealth where public funds have been used in whole or in part to plan, design, construct, equip, operate, or maintain the facility. For the purposes of state law a parking garage or parking lot is a transportation facility.
This issue has arisen several times over the last year. This past summer my wife and I were visiting Williamsburg with our two children. We were in our SUV (I apologize for that) waiting to park in the Prince George Street parking garage. Ahead of us was a motorcyclist attempting to enter the garage. It seemed to be taking longer than it should have so I rolled down my window to see why. At that point I heard the attendant say that motorcycles were not allowed in the garage. I could see my wife wince (she knew what was coming) as I exited the car. I found from the attendant that the garage is owned and operated by the City of Williamsburg. The very next Monday a letter went out to the city informing them of the law in Virginia. Within 30 days, that garage was opened to motorcycles. The issue also arose in Big Stone Gap Virginia. The town operates a cemetery. The town did not allow motorcycles to enter the roadways of the cemetery. A letter went out and that matter has been remedied as well.
Additionally, if a garage attendant tells you that it is a private garage do not give up. That happened in Richmond Virginia. It turned out the garage was privately owned and therefore not subject to the statute. However, a Freedom of Information Act letter went out and it was discovered that the garage was originally constructed in the early 80’s with public money. Motorcycles can now park there as well.
The bottom line is that if the state, or any city county or town uses public money to build, maintain or operate any roadway or transportation facility, they cannot keep motorcycles from using them. We as motorcyclists pay taxes which fund these projects. We should not be told that we can't use them.
I would encourage any motorcyclist who sees any situation similar to the ones described in this article to let the owners know that they are breaking the law. If that does not correct the situation, feel free to give my office a call. We don't charge a dime to enforce this statute. We as motorcyclists have the same stake in protecting equal access to public property as you do, and we will be more than happy to help.
If you have any further questions or comments concerning this article or any other matters concerning your rights as a motorcyclist, please contact us at 1-800-321-8968 or at
matt@motorcyclelawgroup.com.
The preceding is for informational purposes only and should not be considered legal advice. The laws governing the above may be different in your state.