VirginiaWind  

Ask Tom - October 2006

Toll Roads

By J. Thomas McGrath, Attorney

Tom McGrath, AttorneyI was recently asked why I thought Virginia needed to exempt motorcycles from tolls. You may not have heard, but last year VCOM (Virginia Coalition of Motorcyclists) supported a bill which would have exempted motorcycles from paying tolls on toll roads operated by the Commonwealth of Virginia. Being that transportation funding was "THE" issue of the session, the bill was quickly killed. Those against the bill simply saw this as an attempt by motorcyclists to save a little money. They did not see it for the safety issue that it was, and continues to be.

Motorcyclists differ from every other vehicle using toll roads in one very significant way; we have to put our feet down. That means we have to balance our motorcycle with our feet in an accumulation of grease and oil while we fish in our pockets for the change needed to continue our journey. For four to five months out of the year, that change may be located under several layers of clothing, including rain gear and chaps. Speaking of rain gear, if it happens to be raining, then motorcyclists find themselves balancing their bike on a surface twice as slick as the normal everyday accumulation of grease and oil. Of course you could put your kick stand down, get off of your motorcycle, dig for change, remount and leave. Try doing that in Northern Virginia traffic, or Richmond rush hour traffic without getting horn blasts, the "your number one" finger, or worse. It ties up traffic and is not worth the money collected.

It has been suggested that motorcyclists simply get a speed pass, which is an electronic pass which is read as the vehicle passes and automatically deducts the toll from an account into which you pre-place funds. The Commonwealth of Virginia is already spending 22.1 million dollars to redesign tolls to read such passes at 45 mph. The problem for motorcycles is that there many different front end configurations for motorcycles, the majority of which do not allow for a speed pass.

The rest must pay the old fashion way, which brings us back to the original problem.

Another important matter to take into consideration is that Virginia law already provides exceptions from paying tolls to over 22 classes of individuals, including but not limited to students on there way to and from school, persons going to and from CPR or water safety classes, as well as employees of the regulatory and hearings divisions of the Department of Alcoholic Beverage Control and special agents of the Department of Alcoholic Beverage Control. As far as I can tell, safety is not an issue with regard to any of the exempted parties.

VCOM will support this bill once again in the up-coming year. The safe passage of motorcyclists through toll facilities is worth more than the change collected.

Questions: Please call 1-800-321-8968

The preceding is for informational purposes only and should not be considered legal advice. Before attempting to settle any claim you should contact an attorney. The rules governing insurance coverage may be different in your state .

Tom McGrath is a personal injury lawyer with credentials that are rare in his profession. When Tom's not lawyering, he's lobbying to protect your rights, or crisscrossing the Commonwealth teaching motorists and motorcyclists about their rights, helping them to understand the insurance laws and how to protect themselves and their loved ones. Got a question? Send Tom an email at tom@tommcgrathlaw.com, or visit http://www.motorcyclevirginia.com/.

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