My Efforts to Get a Motorcycle Endorsement for Bioptic Drivers in Virginia

Ever since I was little I have been fascinated by motorcycles. I always dreamed about owning one (or, more likely, many :)) and riding on and off road. Unfortunately, there is a problem. I have an eye disease about which not much is known called ocular albinism. It gives me low vision, and does so in a fashion that is non-correctable.

Much of my life, I was made to believe that I wouldn't be able to hold any kind of drivers' license, much less a motorcycle license. Then I learned about bioptics. Bioptics are a hybrid of glasses and mini-telescopes, such that you can use the regular glasses lense for general tasks, but with a simple flick of your eye, you can look through the telescopic lense for detailed long distance viewing of the same thing you were just looking at through the regular lense. Virginia, like many states, allows for a special bioptic drivers license. Statistics have shown no significant difference between the safety record of drivers with bioptic licenses and those with without. Unfortunately, Virginia, again like many other states, does not allow bioptic licensees to get a motorcycle endorsement. There has never been any stated reason for this, and there have been no studies to back up this restriction. In fact, some states allow bioptic drivers to operate motorcycles, and there is no data available to show that this poses any sort of significant problem.

After having my regular bioptic drivers license for several years, I decided it was time to start working with my state legislators and see if this problem could be fixed. At this point, I will report that the prospect looks bright. I have primarily worked with the office of Senator Ken Cuccinelli (37th District - Centreville area). I have also had some correspondence with the Virginia Coalition of Motorcyclists, who lobby for motorcycle friendly ligislation in the state. Below you will find a copy of my correspondence with both groups. I have to say that I have been nothing but impressed with the office of the Senator, and their willingness to help correct this issue, which must affect a fairly small percentage of his constituents. My correspondece with the Senator's office is shown first, although the correspondence with VCM was concurrent with it.

Thank you for checking this out, and please let your state senators and representatives know that you'd like them to support this push for the good of the Commonwealth of Virginia, and of motorcyclists everywhere.

Thanks!
Benoit Flippen

Update!!

The bill has been introduced as SB 764. The summary can be found here. Please, please contact your legislators and ask them to support this legislation. Please also contact the members of the Committee on Transportation, to ensure that this doesn't die in committee! Click here to find out who your legislators are.

I have advised Ms. Barner, with Sen. Cuccinelli's office that I think there should be a wording change, such that bioptic drivers who have been involved in an accident should not be disallowed from getting a motorcycle license. If, for instance, one is driving safely, and is clipped by a drunk driver, the current wording would penalize the bioptic driver unfairly.

Update 2!

The Senate Transportation committee amended the bill to remove the language about being involved in an accident, and then passed the amended bill unanimously. It has also passed the senate, as amended, unanimously! Now it needs to go through the house subcommittee and then the house as a whole. Please, if you haven't contacted your delegates on this matter, do so now! The bill now seems to be known as SB764E, including the amendment.

I have taken a stab at some suggested text for a letter to your legislators. Certainly feel free to edit as you see fit:

Dear __________,

I am writing to ask you to support SB764, sponsored by Senator Cuccinelli. It has already passed the Senate (as SB764E), and will be coming before the House soon. This bill is an important step forward in eradicating discrimination against people with disabilities at a State level. The bill corrects a section of Virginia law concerning the operation of motor vehicles by a person with low vision. Under the current law, a person with low vision can be validly licensed to drive a car, but is not allowed to get an endorsement on their license to drive a motorcycle.

There has never been any stated rationale for this distinction; there is no statistical data to show that bioptic drivers are more accident prone than other drivers. The medical department at the Virginia Department of Motor Vehicles is in favor of this change, and can see no reason for the current distinction in the code of Virginia.

Please let me know what you are going to do in respect to this bill. Thank you.

Sincerely,
Thanks again!




Dear Senator Cuccinelli,

I am writing to thank you for your support of the many pro-gun bills that have passed through the legislature these past couple of years. I find it refreshing to have a state senator who is so responsive to the needs of his constituents, and who uses common sense in looking out for the good of the Commonwealth.

I am also writing with a new issue. I am writing to request your help in removing one of the DMV restrictions on drivers with a bioptic license. A bioptic license allows an individual with low vision, who would otherwise be unable to obtain a license at all, to use a special pair of glasses modified with a telescopic device while driving. Of the many restrictions imposed on drivers with the special glasses, there is one which does not make any sense at all. Bioptic licensees are flat-out banned from being allowed to drive a motorcycle. I am a person with a bioptic license, and it is this inability to get a motorcycle license endorsement, that I am trying to have rectified.

The state of bioptic driving laws across the many states that have them is a more or less random patchwork. Some states specifically allow bioptic drivers to get a motorcycle endorsement, some do not, and some say nothing in particular about it (meaning, from talking to some residents of these states, that it is allowed). There is little or no data to support most of the restrictions on bioptic drivers. In fact, my low vision specialist tells me that studies have shown that bioptic drivers are generally as safe as regular drivers across the board. To support this anecdotally, I have had my bioptic drivers license for many years, and have had neither an accident of any sort, nor even a speeding ticket. My wife, as well as most of my friends with regular licenses have had multiple speeding tickets, and in some cases, multiple accidents to their names. And yet, they can get a motorcycle endorsement on their licenses with no problem.

All my life, I have been fascinated with motorcycles, and have always wanted one. I have driven dirt-bikes off-road (which can sometimes require more concentration, perception and reflex action, especially in woods). I have ridden bicycles and mo-peds in traffic, which is much more dangerous than riding motorcycles, since traffic must constantly pass, often without sufficient room. In fact, the DMV recommends new users of bioptic glasses to practice using them while on a bicycle to get the feel of moving in traffic with the device. I feel that I should be allowed to ride a motorcycle.

I can't even think what the reason for the restriction would be. Motorcycles are less dangerous to others than are cars. With a motorcycle, one can pretty much only hurt oneself. Motorcycle accidents have been proven to have more to do with other drivers not seeing the motorcyclist than with any problem of the motorcyclist (aside from reckless disregard for safe driving habits, of course). For this reason, concern about low vision should not be put on the motorcycle driver. Motorcycles give you much greater visibility than you have when driving a car, as well as more mobility.

As far as I can see, any argument against bioptic drivers having a motorcycle license applies even more so to cars than it does to motorcycles. And, since bioptic drivers can drive a car, there should be no blanket restriction against getting a motorcycle endorsement.

Please let me know what your thoughts on the matter are, and how we can go about getting this changed as soon as possible.

Sincerely,
Benoit Flippen


Mr. Flippen,

Thank you for following up on your earlier email. I have let the Senator know of your request and I know he will be keeping it in mind as he considers legislation for the 2007 session. Since it will be some months until we are able to start putting in bills for 2007, we are still in the process of researching potential legislation. With that in mind, I may be getting back to you with questions about this issue in the near future. Thanks for alerting us to your concern over this restriction.

Sincerely,

Eve Marie Barner
Legislative Aide
Senator Ken Cuccinelli, II
37th District


Ms. Barner,

Thank you for keeping me updated on the status of my request. I understand that it will be a few months before any real action can begin, but it seemed to me that that makes this the most opportune time to get the ball rolling. I hope you and the rest of Mr. Cuccinelli's staff can continue to aid him in taking such good care of hi constituents!

Sincerely,
Benoit Flippen


Mr. Flippen,

Can you give me a few more details about what you were told when you were denied the motorcycle endorsement? We are trying to find the legislative reason why you were denied the endorsement. I think I know the code section involved.

Thanks,

Eve Marie Barner
Legislative Aide
Senator Ken Cuccinelli, II
37th District


Ms Barner,

It says prominently on the DMV website that bioptic drivers are not eligible to obtain the motorcycle endorsement, so I've never even tried to apply. Here is a link to the appropriate page on their website:

http://www.dmv.state.va.us/webdoc/citizen/medical/bioptic.asp

Also, I believe this is the portion of the code of Virginia which contains the restriction:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-312

In addition to contacting your office, I have begun corresponding with the Virginia Coalition of Motorcyclists, a lobbying/legal aid organization for motorcycle issues in Virginia, to help the process along, and they seem optimistic about helping get this change through.

As always, let me know if you need anything else!

Benoit Flippen


The more I find out about this, the more optimistic I become. We are trying to find out now whether DMV would put up a lot of institutional opposition to a legislative change. I'll be in touch.

Eve Marie Barner
Legislative Aide
Senator Ken Cuccinelli, II
37th District


Mr. Flippen,

I just wanted to give you a quick update. We expect a meeting of the DMV medical board in August. Senator Cuccinelli has asked them how they would respond to legislation to allow motorcycle endorsements for bioptic drivers. Once we know the answer to that, we will better understand how likely such legislation is to pass.

Let's see how it goes.

Sincerely,

Eve Marie Barner
Legislative Aide
Senator Ken Cuccinelli, II
37th District


Ms. Barner,

Thank you for the update. For further ammunition, I have an example of Kentucky's state law allowing bioptic drivers to operate motorcycles, here is a link I was able to find:

http://www.eyeassociates.com/kentucky_bioptic_driving_law.htm

The second to last sentence of Section 5, sub section (2) says that bioptic drivers looking to get a motorcycle license have to know how to operate a motorcycle. Nothing beyond that. If Virginia DMV puts up a fight, you might be able to contact Kentucky's DMV and ask for any statistics about bioptics and motorcyclists in their state. If they allow it, they should have statistics. That could prove useful.

Thanks again for all your help!

Sincerely,
Benoit Flippen


Thank you. This will be very helpful.

Eve Marie Barner
Legislative Aide
Senator Ken Cuccinelli, II
37th District


Mr. Flippen,

Our feedback has been generally positive on the question you've raised. DMV seems to think that if you are able to drive a car w/ bioptic lenses, then you should be able to operate a motorcycle as well.

We are hoping to move this matter forward next year.

Thanks again for bringing it to our attention.

Sincerely,

Eve Marie Barner
Legislative Aide
Senator Ken Cuccinelli, II
37th District


Ms. Barner,

Excellent! Thank you so much for all your help in looking into this.

Sincerely,
Benoit Flippen


Mr. Flippen,

Thank you for letting me know about the web page. After the Senator submits legislation on this matter, it would be helpful for other concerned cyclists and bioptic drivers to contact their own legislators.

Best Regards,

Eve Marie Barner
Legislative Aide
Senator Ken Cuccinelli, II
37th District



Here is my correspondence with the Virginia Coalition of Motorcyclists. Much of the information is a repeat of the above:



Dear Mr McGrath and Mr. Cannon,

I am writing to request your help and advice in getting a piece of legislation introduced, and hopefully passed, which would stop discrimination against the class of licensed drivers in Virginia who wear bioptic glasses to operate a motor vehicle. The discriminatory action in question is that we bioptic drivers are not allowed to get a motorcycle endorsement on our licenses.

Bioptic glasses are special glasses with a small telescopic device attached to them which allows people to be licensed to drive a car who would otherwise not be able to get a license at all due to being visually impaired.

The restriction against bioptic drivers being allowed to drive a motorcycle is without regard to any record of safe driving on the part of the driver, and has no statistics or concrete evidence to hold it up. In fact, several states which allow bioptic licensees allow those licensees to operate a motorcycle. Several other states do not, but again, with no research to back up the restriction.

As a bioptic driver of cars, I have never had an accident or speeding ticket, which is more than I can say for almost anyone else I know, and yet I am considered somehow deficient in the ability to participate fully in the rights of the road. I have wanted to own a motorcycle almost since I can remember. I have ridden dirt bikes offroad, and bicycles on-road (which can be awfully dangerous itself in traffic, when everyone is passing with insufficient space) and have never had a problem.

As best I can see, driving a motorcycle gives you better visibility and mobility than you have when driving a car, and if one is more liable to get into an accident as a bioptic driver (not the case, but even if it were true) one is going to cause less damage to the life or property of others when on a motorcycle than when in a car. For this reason, I cannot even see any emotional reason for the restriction. If anything these pseudo-concerns should make legislators more willing to allow bioptic motorcycle use than to allow bioptic drivers to drive a car.

I have sent in a lengthy email to State Senator Ken Cuccinelli (District 37, Centreville), to enlist his aid in getting this nonsensicle restriction removed, and have gotten only a short response from a staffer stating that they'll consider it for future legislation. If you would like, I can forward you a copy of my correspondence with Sen. Cuccinelli's office for your review.

Please let me know what you think, and if you have any advice, or further questions.

Sincerely,
Benoit Flippen
Aspiring Motorcyclist


Benoit;
We would be happy to help. I would like to see a copy of the letter you sent Sen. Cuccinelli, and also need to know if the restriction is legislative or administrative. I will do some research next week but if you have any info that would help. I believe we can get this done with a little effort so send me anything you have on the topic.

--
Jim Cannon
Director, Virginia Coalition of
Motorcyclists


Jim,

I have forwarded you my initial request to Sen. Cuccinelli, and have a little bit of additional info:

Here is a link to the DMV page with info on the bioptic license, including the restrictions:

http://www.dmv.state.va.us/webdoc/citizen/medical/bioptic.asp

Note the restriction against driving at night, and how it can be lifted after the wearer has had their license for a year. I was thinking something similar might be a last resort restriction for the motorcycle endorsement (i.e., the driver must have their license for a year before getting a motorcycle endorsement). Having that modified restriction would mitigate the need for specially trained dmv personnel qualified both to perform the motorcycle tests and to test a bioptic driver. Obviously it would be better if the restriction were completely removed.

As to the restriction being legislative or administrative, I believe it is legislative. A brief search turned up this link to 46.2-312, subsection C 1 of which prohibits the endorsements found in 46.2-328, which include the motorcycle endorsement.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-312

Many states that allow bioptic driving seem to prohibit bioptic drivers from operating a motorcycle, but not all of them do. As an example of a state which allows bioptic drivers to operate motorcycles, here is a link to Kentucky's bioptic driving law, Section 5 (2) of which mentions the use of motorcycles in passing, with no special requirements.

http://www.eyeassociates.com//kentucky_bioptic_driving_law.htm

Some states say nothing either way in their law, leading me to belive that bioptic drivers can get motorcycle endorsments in them, since it is not prohibited.

I'm very excited that you can help! Let me know if you need any more info.

Sincerely,
Benoit Flippen


Jim,

Just wanted to give you a quick update on my correspondence with Senator Cuccinelli's office. They are optimistic about the change at this point, but are waiting to see whether DMV will put up a lot of resistence. The DMV medical board is supposed to meet in August, and Senator Cuccinelli has asked them about it. It seems that the outcome of that meeting will have a bearing on whether or not the Senator's office will want to push the legislation.

Let me know if I can help push this along in any way!

Sincerely,
Benoit Flippen


Benoit;
I have followed up with the Senator's Office, as well as Bruce Biondo with the motorcycle division of DMV and I agree. If Senator Cuccinellis office will introduce the legislation I am very optomistic as well.

Keep plugging on your end and I will on this one.

--
Jim Cannon
Director, Virginia Coalition of
Motorcyclists


That's it! Again, whether or not this issue affects you, please contact your state representatives and senators and ask them to support this push. Less discrimination against the disabled helps everyone in the Commonwealth!

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