Highway Discrimination
This story started with a telephone call from David "Brownie" Brown, Virginia State Coordinator for the Christian Motorcyclist Association. In his daily commute, he must cross the Coleman Bridge, one of the first facilities in Virginia to use "Smart Technology" or fast tolls. Brownie's motorcycle is his method of choice for his commute, so he equipped it with the transponder that signals he has passed through the toll facility, automatically debiting his prepaid account in the amount of fifty-cents. When Brownie pulled his trailer behind his motorcycle his account was debited $6.
I contacted the Virginia Department of Transportation (VDOT) and to make a long story short was told there was nothing that could be done. It seems the toll facility only counts axles and was charging Brownie the same rate as a three-axle, 40,000 dump truck. VDOT informed me they had plans to reduce the toll to $3, and that was the best they could do. Not satisfied, I began to search for a sponsor for a bill that would prohibit toll facilities charging a motorcycle pulling a trailer, equipped with a sidecar, or both any additional fees. You see, the extra fee is really a road impact surcharge and since a fully loaded Gold Wing with two large people, pulling a trailer did not weigh as much as a GEO Metro, I felt that motorcyclists were getting ripped-off.
Delegate Jo Ann Davis (R), of Yorktown (Rep. Davis has since been elected to the United States Congress) and Senator R. Edward Houck (D) of Stafford agreed to patron such a bill. We introduced the bills in both the House and Senate in 1998. Of course VDOT cried foul. There was considerable opposition to these bills because of the amount of money it would take to implement these changes. VDOT and VCOM sought and came up with a compromise that seemed satisfactory. The tolls would be reduced on all motorcycles regardless of configuration, but they would have to use the manned toll facilities until VDOT upgraded their systems to accommodate any configuration of motorcycle. The bills were carried over until the 1999 General Assembly Session to give VDOT a chance to act upon their word. Both parties signed an agreement that the changes in rate structure would go into effect by April 1, 1998.
This did not happen. I was able to secure an appointment with the Commissioner of Transportation in late June 1998 to discuss why the rates had not dropped as promised. The Commissioner assured me that the Commonwealth Transportation Board would be informed and would act.
The Board did vote and pass a resolution in July 1998 guaranteeing a single rate for motorcycles, in any configuration. The resolution did not address the issue of the fast tolls or whether motorcyclists would always have to use the manned booths. I was still not satisfied. Once again, I contacted Delegate Davis and Senator Houck and expressed to them my displeasure with what I considered to be a half-fix. Both agreed to patron a harsher toll bill for 1999.
Again we faced a battle from VDOT, only this time we had sympathetic ears because they had not kept their word. Identical bills were introduced in the House and Senate with language that would force VDOT to upgrade the toll facilities and accommodate motorcycles in any configuration, in any lane. VDOT informed VCOM that it would cost approximately $175,000 to implement these changes.
This is where things got interesting. Senator Houck asked me if I wanted to pursue this battle and what I really wanted to accomplish. I stated that we did not want to be charged extra, that we wanted to use all lanes of the toll facilities and that I did not want to have to fight this battle over and over again. Senator Houck gathered representatives from VDOT, Attorney Tom McGrath (the founder of VCOM) and me into his office hoping we could work out a satisfactory solution. With the wisdom of Solomon, he moderated and guided the two opposing sides into accepting a new bill, the anti-discrimination highway bill.
The legislation was written and entered into the House and Senate as an amendment in the form of a substitute. I lobbied hard for the new language to any delegate or senator I could corner.
Both bills had to pass subcommittees, committees, and then go to the full Senate and House floors for votes. I was pleased when both bills reported out of committees and then were sent to the floors of both bodies. Obviously, we had done our homework as both bills passed unanimously. Virginia had become the first state in the nation to pass a highway anti-discrimination bill. On March 22, 1999, Governor Jim Gilmore signed the bills into law, effective July 1, 1999.
Below you will see the text of the bill. Be proud as motorcyclists that Virginia has led the way for this important and trend-setting legislation. No longer will motorcyclists in Virginia fear being denied access to its roads. No longer can motorcycles be an afterthought when VDOT or the Commonwealth Transportation Board plan and design our highways. This is the most important piece of legislation I have had the privilege of working on. I'm mighty proud to have had a hand in opening the door for other states and for having the opportunity to serve the motorcyclists in Virginia.
A BILL to amend the Code of Virginia by adding a section numbered 33.1-13.1, relating to motorcycles.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 33.1-13.1 as follows:
33.1-13.1. Policy of the Commonwealth of Virginia regarding use of highways by motorcycles; discrimination by political subdivisions prohibited.
In formulating transportation policy; promulgating regulations; allocating funds; and planning, designing, constructing, equipping, operating and maintaining transportation facilities, no action of the Commonwealth Transportation Board, the Commonwealth Transportation Commissioner, of the Virginia Department of Transportation shall in any way have the effect of discriminating against motorcycles, motorcycle operators, or motorcycle passengers. No regulation or action of the Board, Commissioner or Department shall have the effect of enacting a prohibition or imposing a requirement that applies only to motorcycles or motorcyclists, and the principal purpose of which is to restrict or inhibit access of motorcycles and motorcyclists to any highway, bridge, tunnel, or other transportation facility.
The provisions of this section shall also apply to transportation facilities and projects undertaken or operated by counties, cities, towns and other political subdivisions of the Commonwealth where state or federal funds have been used in whole or in part to plan, design, construct, equip, operate, or maintain the facility or project.
Important Update.
In the 2001 General Assembly session VCOM had this bill amended. We became aware that county facilities, using only county money, could still prohibit access to motorcyclists. The words (see bolded words above) state or federal were removed and public funds substituted.
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