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Virginia Law Does Not Prohibit Mounting Your
Motorcycle License Plate Vertically
By Matt Danielson
There seems to be quite a bit of confusion in
Virginia concerning vertically mounted license plates. I have come across
countless motorcyclists, police officers, troopers and motor vehicle inspectors
who firmly believe that if you mount your motorcycle license plate vertically
as opposed to horizontally that you are in violation of Virginia law. That is
simply a myth.
Code Section 46.2-716 of the Code of Virginia, 1950 as
amended reads as follows:
A. Every license plate shall be securely
fastened to the motor vehicle, trailer, or semitrailer to which it is assigned:
1. So as to prevent the plate from swinging, 2. In a position to be
clearly visible, and 3. In a condition to be clearly legible.
B. No
colored glass, colored plastic, bracket, holder, mounting, frame, or any other
type of covering shall be placed, mounted, or installed on, around, or over any
license plate if such glass, plastic, bracket, holder, mounting, frame, or
other type of covering in any way alters or obscures (i) the alpha-numeric
information, (ii) the color of the license plate, (iii) the name or abbreviated
name of the state wherein the vehicle is registered, or (iv) any character or
characters, decal, stamp, or other device indicating the month or year in which
the vehicle's registration expires. No insignia, emblems, or trailer hitches or
couplings shall be mounted in such a way as to hide or obscure any portion of
the license plate or render any portion of the license plate illegible.
C. The Superintendent may make such regulations as he may deem
advisable to enforce the proper mounting and securing of the license plate on
the vehicle.
Notice that nothing in the code states that the license
plate must be mounted horizontally. It must be clearly visible and clearly
legible. Mounting your license plate vertically violates neither of these
standards.
For anyone who is still skeptical lets do an experiment.
Take a pad of paper and write VCOM-1 across the page. Now rotate the pad 90
degrees to the right. Are the words clearly visible? Is it clearly legible? If
your answer to either of those is no it is time to see the optometrist. Of
course you can still read what you have written. I have used this experiment
numerous times defending motorcyclists who have been charged for a vertically
mounted license plate and have yet to have anyone convicted. I did have a
trooper in Chesterfield County testify that he had to turn his head sideways in
order to read the plate. However that provided more humor for the courtroom
than it did evidence against my client.
Now keep in mind that when you
start putting license plate covers on your tag, or start bending or molding the
plate to form fit a custom bracket you may be violating the law. The license
plate must be clearly visible and legible from the rear. If a cover obscures it
in any way, or you have a curved bracket that makes it difficult for an officer
to read the first or last characters of the tag due to the curvature of the
plate then you are in violation of the law. However, simply mounting your
Virginia license plate vertically on your motorcycle is perfectly legal.
In closing, if you do mount your license plate vertically and receive
a citation for doing so, please feel free to contact me at 1-800-321-8968 or
matt@motorcyclelawgroup.com. Our office will be more than happy to represent
you free of charge.
Matt Danielson Tom McGrath's Motorcycle Law
Group 1-800-321-8968 matt@motorcyclelawgroup.com
The preceding
is for informational purposes only. The laws governing the above may be
different in your state.
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