Virginia Improper Motorcycle Riding Ticket: Fines, Points & Next Steps

You were riding a stretch of Skyline Drive on a warm afternoon, or stood up on the pegs a little too long over a rough patch, or gave a friend a ride on a bike that isn't really built for two. Then you saw blue lights in your mirrors. Now you're holding a summons for improper motorcycle riding, and you're wondering how much trouble you're in.

Virginia has specific rules for how riders and passengers sit on a motorcycle. Breaking them is a traffic infraction, and it adds 3 demerit points to your DMV record. Points from a motorcycle ticket count against your driver's license just like points from a car ticket. This guide explains the law, the fine and points, the insurance impact, and how a Virginia driver improvement course can help.

What Is Improper Motorcycle Riding in Virginia?

The main rule is Va. Code § 46.2-909, "Riding on motorcycles, generally." It applies to two-wheeled motorcycles (three-wheeled vehicles are excluded) and requires that:

• The operator rides only on the permanent seat attached to the motorcycle.

• Standing is limited. You may stand on both footpegs only when safety calls for it, and for no longer than necessary, such as briefly over a pothole or rough pavement.

• No passengers on a one-person bike. You may not carry anyone unless the motorcycle is designed to carry more than one person.

• Passengers sit on a proper seat. A passenger must ride on a permanent seat designed for two, or on another seat firmly attached to the rear or side of the operator's seat.

• A footrest is required for a passenger. A motorcycle designed for more than one rider must have a footrest for the passenger.

Common examples include carrying a passenger on a solo-seat sportbike, letting a passenger sit on the tank or a rear rack, riding "stunt style" while standing or kneeling on the seat, and carrying a passenger whose feet have no footrests.

A few related rules surprise riders. Va. Code § 46.2-857 generally makes driving two abreast in a single lane reckless driving, but it specifically allows two two-wheeled motorcycles to ride side by side in one lane. Our guide to driving two abreast in a single lane covers that law. Lane splitting is a different story. See is lane splitting legal in Virginia? Helmet and eye-protection rules are in Va. Code § 46.2-910, covered in our Virginia motorcycle helmet law post.

Fines and DMV Demerit Points

Section 46.2-909 doesn't list its own penalty, so Va. Code § 46.2-113 applies. A violation is a traffic infraction punishable by a fine of up to $250, the Class 4 misdemeanor maximum under Va. Code § 18.2-11, plus court costs. Your summons or the court's online case information will show whether you can prepay and how much.

Riders often get more than one ticket from a single stop: improper riding plus speeding, a helmet violation, or an equipment problem. Every moving violation adds to the same point balance. At 12 points in 12 months, or 18 points in 24 months, the DMV requires a driver improvement clinic. Learn how the balance works in our complete guide to Virginia's safe driving point system.

If the riding was dangerous, such as wheelies in traffic or riding while standing on the seat, an officer may charge reckless driving under Va. Code § 46.2-852 instead. That is a Class 1 misdemeanor with 6 demerit points, so read the code section on your summons carefully.

How It Affects Car Insurance

Motorcycle and auto insurers usually check the same Virginia driving record. A 3-point moving violation on your record can raise your motorcycle premium, your car premium, or both when your policies renew, and it can cost you a safe-rider or good-driver discount. Riders who carry passengers should also know that a passenger-related citation can come up if there is ever an injury claim.

The good news is that insurers look at your whole history. A clean record afterward, plus proof that you completed a safety course, helps you look like a lower risk. See insurance points vs. DMV points for how companies rate tickets.

What to Do After an Improper Motorcycle Riding Ticket

1. Decide whether to contest it. Ask whether the officer could really see what happened. Was your bike factory-rated for two riders? Was the passenger seat firmly attached, with footrests? Did you stand only briefly for safety? Photos of your motorcycle, the owner's manual, and the seat specifications can be strong evidence.

2. Or pay the fine. Prepaying counts as a guilty plea, and the 3 points post to your record. If you pay, plan to offset the points right away.

3. Take the driver improvement course. A voluntary 8-hour course adds +5 safe driving points, more than enough to offset this ticket. Our post on the driver improvement course for motorcycle riders explains how it works for bikers. Enroll online here.

4. Monitor your driving record. After your court date, confirm that the conviction and safe driving points posted correctly. Then keep your passenger setup legal before the next ride, and brush up on sharing the road safely.

Virginia Driver Improvement Course Codes Explained

When you register for a Virginia driver improvement course, you choose a reason code. The code tells the DMV why you are taking the class and whether you should receive the +5 safe driving points.

Most drivers who sign up on their own choose VOL, which credits +5 safe driving points once every 24 months. If a judge sent you, use YCT or NCT based on your court paperwork. When the court orders the class, the court decides whether you get safe driving points, so bring that documentation with you. Not sure which code fits? Ask us before you start.

Frequently Asked Questions

Can I carry a passenger on any motorcycle in Virginia?
No. Under Va. Code § 46.2-909, you may carry a passenger only if the motorcycle is designed to carry more than one person. The passenger must sit on a permanent two-person seat or a firmly attached passenger seat, and the bike must have a passenger footrest.

Is it illegal to stand on the footpegs while riding?
Only if you stand longer than safety requires. The law allows standing on both footpegs when safety calls for it, such as over rough pavement, for no longer than necessary.

Do motorcycle tickets put points on my driver's license?
Yes. Virginia has one driving record for each person. An improper riding conviction adds 3 demerit points to the same record that covers your car, and those points count toward DMV thresholds.

Enroll Today — Ride With a Clean Record

Three points can follow you for two years. Cancel them out and keep your license and your rates where they belong. Enroll today — $74.99, DMV-approved, with a 30-day money-back guarantee. Start your 8-hour Virginia driver improvement course now, 100% online and at your own pace.