There is no Minimum Age for Motorcycle Passengers

by Matt Danielson

I am staying with my recent theme of answering questions that are most frequently put to me by clients and fellow riders. We have already covered topics such as what constitutes a legal motorcycle helmet in Virginia? What is the law with regard to exhausts? Can I mount my license plate vertically? If you missed the answers to those questions feel free to log onto motorcyclelawgroup.com. You can find those articles and more under the articles section. Today we will talk about the minimum age requirement for motorcycle passengers.

The short answer to that question is that there is not one. Virginia law does not restrict the age of motorcycle passengers. It depends upon you and your passenger's comfort level (and that of their parent or caregiver assuming the passenger is not your child).

The code section which comes closest to addressing this issue is section 46.2-909. It states as follows:

Every person operating a motorcycle, as defined in § 46.2-100 excluding three-wheeled vehicles, shall ride only upon the permanent seat attached to the motorcycle, and such operator shall not carry any other person. No other person shall ride on a motorcycle unless the motorcycle is designed to carry more than one person, in which event a passenger may ride on the permanent seat if designed for two persons, or on another seat firmly attached to the rear or side of the seat for the operator. If the motorcycle is designed to carry more than one person, it shall also be equipped with a footrest for the use of such passenger.

As you can see there is no age limit. The requirement is that you have a seat and footrests for the passenger. It also requires that the passenger seat be at the rear or side of the operator. That means that those of you who put your child passengers in front of you are violating the law. They must ride on the permanent passenger seat.

Another misconception for which I have had clients ticketed (not convicted) is that if you are riding with a child as your passenger they must be able to reach the foot pegs or floor boards. That is also incorrect. There is no requirement that they be able to reach them. The requirement is that the motorcycle be equipped with foot rests, not that the passenger use them.

In closing I want to make it clear that I am not advocating putting an 18 month old child on the rear of your bike and heading down the road. While 46.2-100 does not prohibit that you could find yourself in front of the court on a multitude of other criminal offenses dealing with child neglect and endangerment. We as motorcyclists must use common sense. It is up to the parents or caregivers as well as the motorcycle operator to make the determination that the child is old enough to hold on and stay alert. It is also up to the parents or caregivers as well as the motorcycle operator to determine the limits of the ride. How far will you go and what routes will you take? Most of us riders remember riding on the back of a bike when we were young and having a ball doing it. So long as you follow the guidelines above then you should have no problem helping another kid enjoy that same thrill. Who knows, maybe they will become an avid rider and pay that favor forward one day.

As always, if you have any questions or comments about this or any other article, please feel free to contact me.

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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