The New York Freedom Riders will no longer be posting on the blog. Instead, we have started a yahoo group so others can share information and discuss what is happening around the country. Please join us at:
http://autos.groups.yahoo.com/group/newyorkfreedomriders/
Thank you,
NYFR
11NR29 – MRF News Release – The Motorcycle Riders Foundation Legislative Strategy Agenda for 2011-2012
FOR IMMEDIATE RELEASE
24 October 2011
Contact: Kirk “Hardtail” Willard, MRF President
The Motorcycle Riders Foundation Legislative Strategy Agenda for 2011-2012
At the 2011 Motorcycle Riders Foundation’s (MRF) Meeting of the Minds Conference held in September in Detroit, Michigan, a Legislative Strategy Session was hosted by the MRF’s Legislative Committee. As has been done for the past several years, the MRF requested that it be attended by Sustaining State Motorcyclists’ Rights Organizations (SSMRO) Legislative and/or Executive Officers. The goal was to set the MRF’s Federal Legislative Agenda for the 2011 Meeting of the Minds to 2012 Meeting of the Minds annual cycle.
The MRF’s SSMRO partners responded once again with a majority attendance, and the Legislative Committee was extremely pleased at the aligned and clear direction from our SSMRO partners. This level of alignment will allow for a solid and focused Strategic Action Plan to be developed, disseminated, and effectively employed. The session this year was moderated by MRF Vice President Jay Jackson, supported by MRF Vice President of Government Relations and Public Affairs Jeff Hennie and MRF President Kirk “Hardtail” Willard.
The MRF continued the practice instituted last year, recording one vote per organization. Shown below in the order raised and discussed with our SSMROs is the MRF’s Legislative Strategy Agenda for 2011-2012.
• Transportation Equity Act (TEA) Reauthorization (the Highway Bill) – closely monitor for any action that would positively or negatively impact motorcycles, motorcycling, and motorcyclists
• Continuation of the Motorcycle 2010 Grant Funding program – tighten up language for qualification and use
• Continuation of the National Highway Traffic Safety Administration’s (NHTSA) lobbying ban within individual states
• Pursue continuation of the Motorcycle Advisory Council designed to advise the Federal Highway Administration (FHWA) on motorcycling issues
• Oppose any federal blackmails or sanctions contained in the Highway Bill related to motorcycles
• The MRF will not promote adoption of the SAE sound test as a national enforcement standard – considered a state issue
• Pursue reintroduction of Health Insurance Portability and Accountability Act (HIPAA) HR1253, which would require health insurance companies to disclose the list of “source of injury” exclusions in the policies they issue
• Continue successful work to cut off all funding for NHTSA motorcycle-specific checkpoint grants
• Continue monitoring the crash causation and the naturalistic studies
• Oppose any federal standard proposing stamping and certifying motorcycle exhaust systems – considered a state issue
• Continue to monitor the Environmental Protection Agency (EPA) sound emissions study; oppose federal agencies encouraging states to take action – considered a state issue
• Oppose ALL forms of distracted driving; oppose any related funding blackmails or withholding of funds related to motorcycles
• Watch closely for motorcycle-specific discrimination
• Continue promotion of Right to Repair Act
• Continue participation at the federal level where definitions of a motorcycle are under review
• Oppose any motorcycle-, motorcycling-, or motorcyclist-based discrimination proposed by the U.S. Congress or any Federal agency in Washington D.C.
• Continue active participation in motorcycle-related activity in the European Union and United Nations
• Oppose any mandatory helmet or apparel laws
• MRF will not support the use of E15 fuel until further testing is done; continue to seek recommendations from motorcycle original equipment manufacturers (OEM)
• Pursue safer roadway design strategies and inclusion of motorcycles in ongoing Intelligent Transportation System (ITS) work; encourage improved crash barriers and safer cable barrier engineering
• Continue to promote the theme of crash avoidance versus safer crashing, using the principles of HR1498 which urges NHTSA to focus on crash prevention and rider education
MRF LEGISLATIVE COMMITTEE MEMBERS: Kirk “Hardtail” Willard (Chair), Keith Ball, Dave Dwyer, Jeff Hennie, Cindy Hodges, Jay Jackson, Jim “Legs” Korte, Boyd McFail, Larry Nielson, John Pierce, Todd Riba
THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to Injured Motorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the Law Offices of Richard M. Lester. If you’ve been involved in any kind of accident, call us at 1-(800) ON-A-BIKE or visit www.ON-A-BIKE.com.
NCOM BIKER NEWSBYTES
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists (NCOM)
CONGRESSMAN CHALLENGES THE SCIENCE OF E15 GAS
U.S. Representative Jim Sensenbrenner (R-WI) has introduced legislation to require the Environmental Protection Agency to “seek independent scientific analysis on the effects of 15 percent blend ethanol gasoline” (E15), which the EPA recently allowed to be sold for use in 2001 or newer vehicles; though motorcycles and ATVs are not approved for its use, nor are most small air-cooled engines, and using the hotter-burning fuel could cause premature wear, engine damage and void the manufacturer’s warranty.
“The EPA’s decision to allow E15 into the marketplace will impact every American who owns a car, lawnmower, or boat,” said Sensenbrenner in announcing his bill, H.R.3199. “Automakers insist that using E15 will void warranties, lower fuel efficiency, and cause premature engine failure. In off-road engines, the effects can even be dangerous for users.”
Motorcyclists should be concerned about the availability of compatible fuel supplies if gas stations primarily provide E15 gasoline that’s EPA-approved for the majority of their customers — but no on- or off-road motorcycles or ATVs appear on the EPA’s list of vehicles approved for use of E15.
“There are serious concerns that the EPA used only one Department of Energy test and rushed E15′s introduction into the market place. This test was limited in scope and ignored a plethora of evidence – albeit inconvenient evidence for the EPA – that shows E15 gasoline has a negative effect on engines,” according to Sensenbrenner. “I introduced this legislation to ensure a decision of this magnitude will be vetted by independent scientific research, rather than political expediency.”
Earlier this summer, Congressman Sensenbrenner, who is the Vice Chair of the House Committee on Science, introduced H.R. 748 to prohibit the EPA from authorizing the use of gasoline containing greater than 10% ethanol (E10).
BIKERS’ RIGHTS TO HEALTH CARE
Akin to some Unions that have negotiated lower health care costs by excluding insurance coverage for so-called “risky” behavior such as horseback riding, skiing and riding motorcycles, the state of Georgia may soon exclude motorcyclists from their healthcare benefits.
The chairman of a House study committee looking at Georgia’s health benefit plan said the state might require employees to disclose dangerous activities like skydiving and riding motorcycles.
State Rep. Carl Rogers (R-Gainesville) said that the panel is looking to bring down skyrocketing costs in the state health plan. Earlier this year, lawmakers were forced to scramble to fill a $300 million budget hole for the health benefits.
Rogers told the Associated Press that state employees who take part in risky activities might eventually pay higher premiums.
TRUE COLORS: COPS VS. BIKERS
“Nowadays, officers also have to worry about lawsuits when they pull over a ‘one-percenter’,” reported the Philadelphia Daily News in response to a civil rights lawsuit claiming profiling and police harassment, adding that “Biker gangs might have a well-deserved reputation, but one local attorney who represents several clubs says that ‘reputation’ isn’t a valid reason for a traffic stop.”
“Some of this tension between the cops and the bikers is because the cops hassle them ALL the time,” said Aid to Injured Motorcyclists (A.I.M.) Attorney Boyd Spencer, who represents the Eastern Pennsylvania Confederation of Clubs.
Spencer is representing three bikers in a civil-rights lawsuit stemming from a July 30, 2009, traffic stop involving six motorcyclists, two of the defendants are Pagan’s M/C members and a third defendant was a Tribe M/C member.
According to the complaint, the bikers were ticketed for not having approved helmets and were told to remove their “colors”, the patched jackets members wear. The whole traffic stop, which lasted more than an hour, was captured by mounted cameras in the police cruisers.
“Now you’re all going to take your jackets off, because on this highway, these are the only colors,” one of the state troopers, referring to State Police blue and gold, told the group after nearly 50 minutes had passed.
The bikers didn’t budge. None of them took off his colors. The helmets were later found to be legal, and a prosecutor dismissed the charges. Spencer, who said the demand to take off their colors was out of bounds, chalks up the traffic stop to harassment.
Spencer said he always hears about bikers getting harassed. “I’ve got a guy in Upper Darby who gets pulled over every time he goes out on his bike,” he said.
Upper Darby police Superintendent Michael Chitwood Sr. told the newspaper that bikers get pulled over if they break traffic laws, like anyone else. Police keep tabs on them, though. “These operations have become very sophisticated. They know what their rights are and what the police can do,” he said.
“NO COLORS” RULE RESCINDED AT KENTUCKY EVENT
Following failed negotiations with Beech Bend Park near Bowling Green, Kentucky upon announcing they would no longer allow club colors of any kind at their All Harley Drags, the Kentucky Motorcycle Association/KBA called for a boycott of their events until this discriminatory policy was changed.
“After the word went out it is my understanding that several hundred phone calls went to the offices of Beech Bend Park,” said Jay Huber, President of KMA/KBA. “As a result of those calls the management at Beech Bend has reversed its decision regarding NO COLORS at its events
“The KMA/KBA along with the Kentucky Confederation of Clubs is committed to eliminating this type of discrimination as it hurts the entire biker community,” said Huber, adding that his organization will post listings on their website of businesses that discriminate with regard to No-Colors and urge “that ALL bikers please refrain from using the services of any business that participates in this type of action.”
SUIT CHARGES DISCRIMINATORY ENFORCEMENT OF NEVADA HELMET LAW
A dozen motorcycle riders recently filed a class action lawsuit charging arbitrary and discriminatory enforcement of Nevada’s helmet law.
The suit filed in U.S. District Court charges “defendants, through their agents, have an ongoing pattern and practice of issuing helmet tickets to the class members that are not supported by constitutionally sufficient probable cause, thereby violating the civil rights of the class members.” The action blames Clark County and the cities of Las Vegas, North Las Vegas, Henderson and Mesquite; and Boulder City, and their police departments for the disparity in enforcement, and if certified as a class the suit could represent more than 40,000 motorcycle riders in the county.
The group is hoping to ultimately win the repeal of Nevada’s helmet law, but this lawsuit is not about whether the government has the right to require motorcycle riders to wear helmets, which the Nevada Supreme Court ruled that it does, but instead the action accuses local police and prosecutors of selectively enforcing the helmet law and of using it unconstitutionally to hassle bikers.
“This violates the Fourth Amendment to the U.S. Constitution barring unreasonable search and seizure,” commented A.I.M. (Aid to Injured Motorcyclists) Attorney Sam Hochberg in The Gunny’s Sack monthly e-column. “The suit also alleges violations of the 14th Amendment protections against arbitrary and discriminatory enforcement. They are saying the fines are all over the map with no balance. The suit essentially says that law enforcement folks are using the Nevada helmet law to harass motorcyclists.”
Dubbed the Class M class action, the suit seeks to include some 40,000 Nevadans holding motorcycle endorsements on their driver’s licenses.
NATIONWIDE MOTORCYCLE THEFTS DOWN
A motorcycle is stolen every 9.5 minutes in America, but according to a report by the National Insurance Crime Bureau, motorcycle thefts last year were down 24% from their 2007 total. There were 65,678 motorcycles reported stolen in 2007 compared with 49,791 in 2010, according to data from theft reports contained in the National Crime Information Center.
The top five makes stolen last year were: (1) Honda, 12,260; (2) Yamaha, 9,853; (3) Suzuki, 7,869; (4) Kawasaki, 5,470; and (5) Harley-Davidson, 3,301. Combined, these five brands accounted for 38,753 thefts in 2010, or 77.8 percent of the total.
The top five states with the most motorcycle thefts in 2010 were: (1) California, 5,662; (2) Texas, 4,394; (3) Florida, 4,148; (4) North Carolina, 2,649; and (5) Indiana, 1,925. These five states accounted for 18,778 thefts, or 37.7% of the total.
FACT OR FICTION: MOTORCYCLES ARE ECO-FRIENDLY
In the popular belief that since motorcycles get better mileage they must be greener than cars, “People are trading in their cars and driving motorcycles instead because they believe that’s the more environmentally friendly choice,” said “MythBusters” television host Adam Savage in the season opener of the popular Discovery Channel show. “The logic is because motorcycles are generally more fuel-efficient than cars, they burn less gas and thus they must be better for the environment.”
As the MythBusters have done with each of the show’s previous seven seasons, Savage and his co-host Jamie Hyneman set out to test the theory, and the Los Angeles Times recently reported on the show’s findings.
The MythBusters duo selected three motorcycles and three cars that were common in the 1980s, 1990s and 2000s and put the undisclosed vehicles through a 30-minute, 20-mile real-world course, 75% of it consisting of highway driving and 25% city driving.
Savage drove all three cars while Hyneman trailed him on the bikes, each one equipped with portable emission-measuring systems that tracked exhaust gases from a probe in the tailpipe and collected engine information from the engine control unit to determine each vehicle’s fuel economy and emissions profile.
The upshot of the experiment was that the newer two-wheeler was indeed 28% more fuel efficient than the comparable car and emitted 30% less of the greenhouse gas carbon dioxide, however the same motorcycle emitted 416% more smog-forming hydrocarbons, 3,220% more oxides of nitrogen and 8,065% more of the toxic air pollutant carbon monoxide.
The MythBusters’ conclusion: “At best, it’s a wash. Motorcycles are just as bad for the environment as cars,” Savage said on the show. “At worst, they’re far worse.”
But emissions are only one factor in the equation that measures a vehicle’s true impact on the environment, and as LA Times columnist Susan Carpenter concludes; “Despite the MythBusters’ findings, emissions are only part of the story of a vehicle’s true greenness. According to the Motorcycle Industry Council, motorcycle manufacturing requires thousands fewer pounds of raw materials than automobiles. They require less fossil fuel, so they require less energy to pull that fossil fuel out of the ground. They use fewer chemicals and oils than cars. And motorcycles produced today are 90% cleaner in California than they were 30 years ago. Note to MythBusters: How about a cradle-to-grave life cycle assessment for cars and motorcycles for the Season 9 opener?”
WEIRD NEWS: MOTORBIKERS TAKE BITE OUT OF APPLE
Just like in the movies, seven motorbike riders carrying passengers wearing full face helmets recently conducted an early-morning “smash-and-grab” robbery by busting a window of an Apple Store in central London and plundering thousands of dollars in Mac laptops, iPads and iPhones. “Apple is a big ticket item and a very easy sell,” deputy inspector Gregory Antonsen told the International Business Times, calling this one “primarily an Apple case”.
QUOTABLE QUOTE: “Just because you do not take an interest in politics doesn’t mean
politics won’t take an interest in you!”
~ Pericles (c. 495 – 429 BC), Greek Statesman
MRF E-MAIL NEWS Motorcycle Riders Foundation
236 Massachusetts Ave. NE | Suite 510 | Washington, DC 20002-4980
202-546-0983 (voice) | 202-546-0986 (fax) | http://www.mrf.org
11NR28 – MRF News Release – EPA UNDER SCRUTINY CONCERNING E15 – CALL TO ACTION!
FOR IMMEDIATE RELEASE
20 October 2011
Contact:Jeff Hennie, Vice President of Government Ralations and Public Affairs
EPA UNDER SCRUTINY CONCERNING E15 – CALL TO ACTION!
Congressman James Sensenbrenner (R-WI) has introduced HR 3199, a bill that would require the Environmental Protection Agency (EPA) to seek independent scientific analysis on the affects of 15-percent ethanol blend gasoline.
The bill would not overturn the option for ethanol to continue to be sold, it simply asks for more study on the use of an E15 blend; something the Motorcycle Riders Foundation (MRF) has been asking for as well.
“The EPA’s decision to allow E15 into the marketplace will impact every American who owns a car, lawnmower, or boat. Automakers insist that using E15 will void warranties, lower fuel efficiency, and cause premature engine failure. In off-road engines, the effects can even be dangerous for users,” Sensenbrenner said.
“There are serious concerns that the EPA used only one Department of Energy test and rushed E15′s introduction into the marketplace. This test was limited in scope and ignored a plethora of evidence – albeit inconvenient evidence for the EPA – that shows E15 gasoline has a negative effect on engines.”
Sensenbrenner is very serious about this issue. He conducted his own study by questioning 14 automakers about the effect of an E15 blend on their products. The unanimous consent was grim. Everybody agreed that E15 would void warranties, damage engines and lower fuel efficiency.
The MRF requests that you contact your Representative in the United States House of Representatives and ask them to cosponsor HR 3199, the Sensenbrenner EPA E15 study bill.
NTSB WANTS MEDIAN IMPROVEMENTS
A recently released set of recommendations by the National Transportation Safety Board (NTSB) includes one that specifically addresses cable barriers. The NTSB asks that the Federal Highway Administration (FHWA) work with the States to define the criteria regarding where cable barriers are placed, and to research the safety risks associated with cable barriers.
HOUSTON, WE DON’T HAVE A PROBLEM ANY MORE . . .
You can’t make this stuff up. Rickey D. Holtsclaw, a Houston, Texas police officer for almost thirty-two years, was recently forced to retire because of his insistence on enforcing ordinances restricting obnoxious motorcycle noise. Officer Holtsclaw faced pressure within the Houston police department and from pro-noise motorcyclists to stop enforcing the law. Officer Holtsclaw received little or no support from elected officials in Houston.
Holtsclaw decided to start issuing tickets to what he perceived as “loud motorcycles”. After a few months of writing tickets caught the attention of his commanding Patrol Sergeant who ordered him to cease issuing those kinds of tickets. He explained that the law is so vague that it is unenforceable. However, Holtsclaw broke orders and continued on his mission to silence Houston.
According to Holtsclaw it was the upper levels of the Houston Police Department, Mayor Annise Parker, Houston’s City Council, and Houston’s Legal Department that forced him into retirement.
Enjoy your freedom while it lasts Houston, because you know for every one like this guy there is another around the corner just waiting.
The MRF does not advocate for breaking of any law. We do, however, oppose blatant motorcyclist discrimination like this.
THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to Injured Motorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the Law Offices of Richard M. Lester. If you’ve been involved in any kind of accident, call us at 1-(800) ON-A-BIKE or visit www.ON-A-BIKE.com.
NCOM BIKER NEWSBYTES
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists (NCOM)
PENNSYLVANIA MEASURE WOULD LIMIT LEARNER PERMITS
ABATE of Pennsylvania is supporting legislation to limit the number of motorcycle learner’s permits allowed before a rider must get a license. “All too often those involved in serious accidents have no motorcycle endorsement on their license,†lobbyist Charles Umbenhauer of BikePAC told the National Coalition of Motorcyclists (NCOM), adding that “In most cases this also means they have had no formal motorcycle rider training.â€
State Representative Seth Grove (R-Dover Township) has introduced legislation aimed at increasing motorcycle safety by requiring riders to get a motorcycle license rather than continuously reapplying for a motorcycle learner’s permit.
Currently, an aspiring rider can get a permit after passing a written test, which is good for a year to allow motorcyclists to legally ride and gain experience until they get their motorcycle license. However, some riders reapply to renew the permit year after year rather than getting a full license, Rep. Grove said.
Under Grove’s proposal, a rider would only be allowed to reapply for a learner’s permit three times in 10 years.
“The purpose is to make people get the license,” stated Grove, adding that more motorcyclists taking the skills tests or enrolling in the state’s rider training program would mean more trained riders on the road.
If a rider doesn’t get a license within 10 years of receiving the first permit, he or she wouldn’t be able to get another permit for seven years. The bill was referred to the transportation committee earlier this year and is expected to be addressed this fall.
ILLINOIS GOVERNOR SEEKS CHANGES TO RED LIGHT BILL
Illinois motorcyclists who get stuck at red lights will remain stuck a while longer, as Governor Pat Quinn has vetoed legislation that would have made it legal to proceed through a red light that does not detect motorcycles.
However, the bill may yet become law if legislators agree to make some changes. Illinois has what is called an Amendatory Veto, wherein the governor can reject a bill as presented for signing, but with changes requested that, if met, will win his signature.
As written, House Bill 2860 sponsored by Senator Gary Forby (D-Benton) and Representative Daniel Beiser (D-Alton), specifies that motorcyclists could run red lights “after a reasonable period of time.” Quinn objected that such wording is too subjective and “its interpretation could vary from individual to individual and county to county.” He asked that the bill be changed to specify that the motorcyclist must wait two minutes. Quinn also asked for clarification that motorcyclists would still have to obey signs prohibiting right or left turns on red and would still have to yield to oncoming traffic.
ABATE of Illinois supported the measure when it passed the legislature in May, which is similar to laws enacted in 11 other states. “I was kind of disappointed with what the governor done,†said Sen. Forby. “ABATE’s going to have to make a decision on whether they want to negotiate with the governor’s office or try to override his veto.â€
The Illinois Legislature has placed the amendatory veto on its calendar for action on October 19.
MOTORCYCLE-ONLY CHECKPOINTS CHALLENGED IN NEW YORK
On Monday, August 29, 2011, Robert “Prospector” Boellner, State Legislative Coordinator for ABATE of New York, Inc., and NCOM Region VIII Director, met with a representative from the New York State Attorney General’s office to discuss the ongoing motorcycle-only vehicle checkpoints.
Since May 2008, ABATE has publicly expressed its opposition to New York State’s tactic of conducting highway roadblocks which divert only motorcyclists from the state’s roadways for the purpose of conducting “safety checks”.
Because motorcycles operated in New York State are already required to pass annual safety inspections, the ongoing New York State Police initiative serves only to harass, intimidate and inconvenience motorcyclists traveling upon the state’s roadways. Further, motorcycle-only roadblocks conducted in the name of “safety checks” are a discriminatory and unconstitutional infringement upon an individual’s right to travel without interference, and an abuse of discretionary power as acknowledged by the New York State Court of Appeals.
The Office of the Attorney General was reportedly receptive to Prospector’s request of an investigation into the actions of the New York State Police, and a reporting mechanism has now been implemented for direct complaints of motorcyclist profiling.
If you, or anyone you know, has been a victim of motorcyclist profiling, Prospector encourages you to call him at (518) 239-4560 for assistance in filing a complaint.
PROFILES OF AMERICA
In recognition of Sturgis Bike Week, the U.S. Census Bureau posted the following daily “Profile America†feature: FRIDAY, AUGUST 12: BIGGEST MOTORCYCLE GATHERING – The small town of Sturgis, South Dakota hosts the world’s largest gathering of motorcycles this week — the 71st Sturgis Rally. Normally home to about 6,600, the town sees its population swell to some 350,000 during the rally. The idea began with just 19 riders taking part in racing and stunt events 71 years ago. Those attending are seeing races, trade shows, and thousands of bikes on display. Mostly, they will share their love of the sense of freedom their motorcycles give them, and take in the scenery of the Black Hills. There are 7.7 million motorcycles registered in the U.S., with California home to about every 10th bike in the country. You can find these and more facts about America from the U.S. Census Bureau, online at www.census.gov.
Profile America is produced by the Public Information Office of the U.S. Census Bureau. These daily features are available as produced segments, ready to air, on a monthly CD or on the Internet at http://www.census.gov (look for “Multimedia Gallery” by the “Newsroom” button).
6 MILLIONTH MOTORCYCLIST GRADUATES FROM RIDER TRAINING
The Motorcycle Safety Foundation recently graduated its six millionth RiderCourse student, a milestone reached through the ongoing efforts of nearly 10,000 RiderCoaches at more than 2,000 training sites worldwide.
“We have RiderCourses across the nation and around the globe, often during weekdays, and virtually every weekend of the year,” said Robert Gladden, vice president of the Motorcycle Safety Foundation, adding that a wide variety of MSF RiderCourses are available in every state to provide motorcyclists everywhere with lifelong learning opportunities.
“From the Basic RiderCourse to a much more advanced day on the track, from standard motorcycles to scooters to three-wheel motorcycles, from small bikes to large, we cover it all,” said Dr. Ray Ochs, MSF director of training systems.
In addition, the MSF collaborates with safety professionals worldwide. For example, the MSF is currently helping establish rider training in the Hashemite Kingdom of Jordan. The MSF works with all branches of the U.S. Armed Services to support riders in the military. And the Foundation also works with world champion road racers on track-based programs that improve rider safety everywhere.
“The MSF is still best known for its world renowned Basic RiderCourse, the best first motorcycle ride for any new street rider and the cornerstone of the MSF’s Essential CORE curriculum,” said Tim Buche, president of the MSF. “We want all riders to start with the BRC, then continue their education with the Basic Bike Bonding, Street RiderCourses and more.”
Founded in 1973, the MSF is a not-for-profit organization sponsored by BMW, BRP, Ducati, Harley-Davidson, Honda, Kawasaki, KTM, Piaggio, Suzuki, Triumph, Victory and Yamaha to promote safety through rider training and education, operator licensing tests and public information programs.
For safety information or to enroll in the RiderCourse nearest you, visit www.msf-usa.org or call (800) 446-9227.
FLORIDA COPS USE SECRET FILES ON BIKERS TO LOBBY AGAINST GUN LAW
Florida law-enforcement officials dipped into secret intelligence files to lobby against legislation that would have allowed holders of concealed-weapons permits to carry their guns openly. Newly released records show that a staff lobbyist for the Orange County Sheriff’s Office handed out restricted photos of bikers with valid concealed weapons permits to lawmakers as examples of the sort of people who might scare away tourists if they displayed their pistols.
“I actually stopped by every one of you guy’s office this morning and dropped off … photographs of some biker outlaw gang guys that have concealed firearm permits. Those are the ones we’re worried about carrying,” sheriff’s Capt. Mike Fewless told the state Senate Judiciary Committee on April 12, 2011. “Please defeat this terrible bill.”
After the provision allowing open carry of firearms was removed from the bill, the state Senate voted against the measure, prompting accusations of fear-mongering by law-enforcement officials and raising concerns about police misuse of confidential files for political goals.
All together, Fewless obtained photographs and other information for 17 “outlaw bikers” from the Orange sheriff’s Intelligence Squad, an undercover unit that investigates “motorcycle gangs, white supremacy groups and organized crime,†specifically asking for pictures of “One Percenters”, state attorney’s records show. Seven of the eight photos of members of the Mongols, Outcasts, Outlaws, Pagans and Warlocks motorcycle clubs came originally from the state Driver and Vehicle Identification (DAVID) system, which Federal law classifies as “highly restricted personal information.” None of the bikers had felony records and all were eligible for concealed-weapon permits recognized by Florida and 34 other states.
The motorcyclists are now represented by Aid to Injured Motorcyclists (A.I.M.) Attorney Jerry Theophilopoulos, who said he is planning to file a lawsuit against the sheriff’s office. “The only way to police the police when they break the law is to file a lawsuit, and we are prepared to get justice for all concealed weapon permit holders in this state,” according to “Jerry Tâ€, who serves as legal counsel for the Confederations of Clubs in Florida and advises ABATE of Florida on legal matters.
DRIVING WHILE BIKER
From the Gunny’s Sack, a monthly newsletter from Oregon A.I.M. Chief of Staff Gunny Hutcheson, members of the Henchmen MC have hired a lawyer to put the San Jose Police department on notice that harassment is not going to be tolerated without a fight.
They’ve filed an official complaint with the city’s Office of the Independent Police Auditor alleging that the police are illegally profiling them, and the city’s code enforcement unit is digging up zoning beefs to run them out of town. They say officers routinely pull them over, sometimes photographing their tattoos, based solely on their bad-boy reputations.
The Henchmen’s complaint is not the first time a motorcycle club in San Jose has fought the law using the law. Five years ago, the Hells Angels won $1.8 million after suing police and sheriff’s deputies for illegally raiding the club’s headquarters and members’ homes to link a bouncer, charged with killing a drunken bar patron, to the biker club. A jury acquitted the bouncer and a federal court sided with the Hells Angels.
“This kind of thing has come to a halt in Washington with their recent biker anti-profiling law, thanks to the Washington Confederation of Clubs and A.I.M. Attorney Marty Fox,†writes Gunny, “Fighting harassment by using a lawyer and the court system.â€
QUOTABLE QUOTE: “The Constitution is not an instrument for the government to restrain the people; it is an instrument for the people to restrain the government – lest it come to dominate our lives and interests.â€
Patrick Henry (1736-1799) American Patriot and Founding Father
MRF E-MAIL NEWS Motorcycle Riders Foundation
236 Massachusetts Ave. NE | Suite 510 | Washington, DC 20002-4980
202-546-0983 (voice) | 202-546-0986 (fax) | http://www.mrf.org
11NR27 – MRF News Release – TEA Extension
FOR IMMEDIATE RELEASE
16 September 2011
Contact:Jeff Hennie, Vice President of Government Ralations and Public Affairs
TEA Extension
The Motorcycle Riders Foundation (MRF) has learned that, with current authorizations set to expire in the next couple of weeks, the U.S. Congress passed legislation that would authorize surface transportation programs for several more months.
By voice vote, the House passed a bill (HR 2887) that would extend surface transportation programs through March 31, 2012. The bill also would extend certain highway-related taxes, including the gas tax, which is set to expire on September 30 under the most recent long-term surface transportation reauthorization. The Senate also passed the extension late on Thursday, September 15. This bill has been the vehicle for numerous motorcycle-related laws. HR 2887 is expected to be signed into law very soon.
“The extension keeps the current motorcycle awareness and education grants flowing. So far the government has returned $49 million dollars to the motorcycle riders in the country; I call that a good start,” said Jeff Hennie, MRF Vice President of Government Relations.
The bill, which should be the most bipartisan bill in the entire Congress, has been stymied for a number of legislative and political reasons – so much so that is now linked to the Federal Aviation Administration funding bill which is on its 22nd extension going back to 2007.
House Transportation and Infrastructure Committee Chairman John Mica (R-FL) said the short extension represented a “bipartisan, bicameral agreement to move forward,” but warned that it should not be a “temporary Band-Aid.”
As always, the MRF will keep you updated on this issue and every other issue affecting motorcyclists in this country.
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Sign up today for the MRF’s new roadside assistance program by visiting http://www.mrf.org/mrfroadside.php The program is available to MRF members and non-MRF members.
© All Information contained in this release is copyrighted. Reproduction permitted with attribution. The Motorcycle Riders Foundation, incorporated in 1987, is a membership-based, national motorcyclists’ rights organization headquartered in Washington, DC. The first motorcyclists’ rights organization to establish a full-time presence in Washington, DC, the Motorcycle Riders Foundation is the only Washington voice devoted exclusively to the street rider. The MRF established MRFPAC in the early 1990s to advocate the election of candidates who would champion the cause of rider safety and rider freedom.
The MRF proudly claims state motorcyclists’ rights organizations and the very founders of the American riders’ rights movement among its leading members. The MRF is involved in federal and state legislation and regulations, motorcycling safety education, training, and public awareness. The MRF provides members and state motorcyclists’ rights organizations with direction and information, and sponsors annual regional and national educational seminars for motorcyclists rights activists, as well as publishing a bi-monthly newsletter, THE MRF REPORTS.
Join the MRF on Facebook!
THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to Injured Motorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the Law Offices of Richard M. Lester. If you’ve been involved in any kind of accident, call us at 1-(800) ON-A-BIKE or visit www.ON-A-BIKE.com.
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NCOM BIKER NEWSBYTES
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists (NCOM)
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PRESIDENT OBAMA SIGNS REPEAL OF KIDS’ MOTORCYCLE BAN
President Barack Obama signed a bipartisan consumer safety bill on August 12 that exempts youth-sized motorcycles and all-terrain vehicles (ATVs) from the Consumer Product Safety Improvement Act (CPSIA) of 2008 that bans children’s products that contain lead.
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H.R. 2715, introduced by U.S. Representatives Mary Bono Mack (R-CA) and G.K. Butterfield (D-NC), passed near-unanimously in the House 421-2 on Aug. 1 and was approved by unanimous consent by the Senate later that day. The measure excludes kids’ off-road vehicles from the overly-broad CPSIA lead certification rules, which previously prohibited their sale due to lead content of components such as batteries and brakes.
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“This law is a win-win for American consumers and the American economy,†said Congresswoman Bono Mack, “and I thank the President for signing this critically important bill into law.â€
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Be sure to contact your federal legislators and thank them for rectifying the onerous “Lead Law†bike ban, and for supporting the rights of millions of off-road enthusiasts and future motorcyclists.
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ABATE OF MICHIGAN REQUESTS YOUR IMMEDIATE ACTION
This urgent Call To Action is on behalf of ABATE of Michigan, requesting the help of all motorcyclists in their fight for freedom.
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“Senate Bill 291 passed the Michigan Senate in late June,†writes ABATE President Vince Consiglio. “We are asking all rights activists to send a post card to Michigan’s Governor, Rick Snyder, urging him to support motorcycle helmet choice for adults.â€
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Consiglio further advises that; “A postcard from a ‘FREE’ state may help him realize that Michigan loses motorcycle money every day of the summer with a mandatory helmet law. Governor Snyder prides himself on being all about business and helping business. Please urge Governor Snyder to support adult choice.â€Â MAIL to: Governor Rick Snyder, State Capital, P.O. Box 30013, Lansing, MI 48909 or call (517) 373-3400 or e-mail Rick.Snyder@michigan.gov.
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Michigan is one of 20 states with a mandatory helmet law for all riders, but before the state legislature broke for the summer the Senate voted 24-14 on June 28th to repeal their 40-year old helmet requirement for motorcyclists 21 or older, who have been riding for at least two years or passes a safety test, and have $100,000 in personal injury insurance. A sunset provision would cause the ban on helmetless riding to resume in five years, unless the legislature acts again. The heavily-amended measure now moves to the House of Representatives for further action.
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NHTSA (AGAIN) PUSHES HELMET LAWS
NHTSA Administrator David Strickland has testified once again before a Congressional committee urging federal action to get motorcyclists to wear helmets. On July 27, during a reauthorization hearing on the National Highway Traffic Safety Administration, Strickland told a subcommittee of the U.S. Senate Committee on Commerce, Science & Transportation that “the most important step we can take to reduce the deaths of motorcyclists on our roads and highways is to assure that all riders wear a DOT compliant helmet.â€
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He further stated that, “A grant program emphasizing the use of motorcycle helmets would be effective in reducing fatalities.â€
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Last year, in response to Congressional testimony from Strickland that increased helmet use is the core component of NHTSA’s motorcycle safety plan, U.S. Rep. Jim Sensenbrenner (R-WI) introduced a resolution urging NHTSA to concentrate on motorcycle crash prevention and rider education instead of lobbying for helmet laws.
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U.S. MOTORCYCLE MARKET RESEARCH
Research and Markets, a worldwide marketing research resource, has announced the addition of the “Motorcycle Dealers” report to their offering of over 718,000 global marketing research reports, which covers nearly 4,300 motorcycle-related stores in the United States with combined annual revenue of $18 billion.
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According to their industry research, no major companies dominate; most companies have a single retail outlet, “The industry is highly fragmented: the 50 largest companies generate just 10 percent of industry sales,†states the report.
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Under the “Competitive Landscape†heading, the R&M report says: “Discretionary personal income and interest rates drive demand, since motorcycles are high-ticket purchases and often financed. The profitability of individual companies depends on volume and sales of higher-margin goods like heavyweight motorcycles. Large dealers have advantages in broad inventory selections and negotiating power with manufacturers. Small dealers can compete effectively by providing superior customer service or offering unique services, like bike customization.â€
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The report further observes that, “Major competitors include private market sellers, other recreational vehicle dealers, service center chains, and independent service shops.â€
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Other key topics include: Industry Overview, Business Challenges & Trends, Industry Forecast & Opportunities, and Products, Operations & Technology:
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For those in the motorcycle industry or starting a motorcycle business, or interested in better understanding the two-wheel marketplace, check them out at www.researchandmarkets.com.
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R&M has also conducted numerous other motorcycle-oriented marketing reports, including a Global Industry Guide and a Global Motorcycle Report, which examines market conditions across Western Europe, North America as well as key emerging countries such as China and India.
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NEW REPORT REVEALS THAT 1 IN 7 DRIVERS ARE UNINSURED
Summer is the time for road trips, long motorcycle rides and making those daily back-and-forth trips to run household errands. Chances are drivers will not be involved in a vehicle accident during these travels, but everyone likely will be involved in at least one motor vehicle accident in his or her lifetime.
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Across the United States, chances are roughly one in seven that a driver is uninsured, according to estimates released in April from the Insurance Research Council. The economic downturn is thought to be a major factor in the increase of uninsured motorists, with approximately 13.8% of U.S. drivers being uninsured in 2009 despite laws in most states requiring drivers to maintain minimum coverage.
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In a new study, “Uninsured Motorists, 2011 edition,†the IRC estimates the percentage of uninsured drivers countrywide and in individual states for 2008 and 2009 based on the number of uninsured motorist insurance claims versus the number of bodily injury claims.
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In 2009, the five states with the highest uninsured driver estimates were Mississippi, 28%; New Mexico, 26%; Tennessee, 24%; Oklahoma, 24%; and Florida, 24%.
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The five states with the lowest uninsured driver estimates were Massachusetts, 4.5%; Maine, 4.5%; New York, 5%; Pennsylvania, 7%; and Vermont, 7%.
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The moral? Protect yourself by making sure you’re fully covered, with Uninsured and Underinsured Motorist coverage included in your insurance policy!
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SAFEST STATES TO RIDE
According to a statistical analysis from TheStreet.com financial website, the safest state to ride in is North Dakota, with a fatality rate nearly a third the national average, low levels of congestion and high quality road surfaces.
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In an article “The Safest States for Motorcycles†in the August 1st Business Section, writer Greg Emerson points out that, “The truth is that motorcycle riding is up. Way up. Between 1996 and 2005, motorcycle registrations increased 61% while vehicle miles traveled of motorcycles grew only 8.6%, according to the Department of Transportation’s Federal Highway Administration. That means a lot of new riders, riding not very far or not very often.â€
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In an effort to “help keep all those weekend warriors looking to get on a bike and go riding from losing their heads, we looked at the most recent fatality data — from 2009 — to determine which states were the safest for the aspiring Evel Knievels among us. We ranked all 50 states and the District of Columbia to see which ones had the smallest proportion of motorcycle deaths as a proportion of total traffic deaths.â€
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Half of the states fall below the national average of 15.4%, and half above. Here are the 10 states with the lowest ratio of rider fatalities:
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Tenth-safest: Vermont – Motorcyclist fatalities: 68; Proportion of total vehicle deaths: 11.8%
Eighth-safest (tie): Virginia – Motorcyclist fatalities: 671; Proportion of total vehicle deaths: 11.5%
Eighth-safest (tie): Kentucky – Motorcyclist fatalities: 745; Proportion of total vehicle deaths: 11.5%
Seventh-safest: Missouri – Motorcyclist fatalities: 806; Proportion of total vehicle deaths: 10.8%
Sixth-safest: Wyoming – Motorcyclist fatalities: 129; Proportion of total vehicle deaths: 10.1%
Fifth-safest: Alabama – Motorcyclist fatalities: 776; Proportion of total vehicle deaths: 9.8%
Fourth-safest: West Virginia – Motorcyclist fatalities: 334; Proportion of total vehicle deaths: 7.5%
Third-safest: Mississippi – Motorcyclist fatalities: 632; Proportion of total vehicle deaths: 7.4%
Second-safest: Nebraska – Motorcyclist fatalities: 211; Proportion of total vehicle deaths: 7.1%
Safest: North Dakota – Motorcyclist fatalities: 135; Proportion of total vehicle deaths: 5.2%
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HELMET AND ACCOUSTICS RESEARCH COULD QUIET THE RIDE
After accelerating, most of the sound that a rider can hear isn’t from the bike engine or other vehicles on the road, but from the air rushing over and around their helmet. Noise levels inside a helmet can reach rock-concert levels when traveling at highway speeds, and a group of engineers and psychologists from two U.K. universities have gathered to study how to minimize helmet noise to protect riders from hearing damage and reduce the potential distraction that noise poses to riders.
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Their research paper, which has been accepted for publication by The Journal of the Acoustical Society of America, says that riders experience noise from multiple sources. First is the engine noise, which is a relatively insignificant factor once riders accelerate to highway speeds. Audible wind noise can reach volumes as high as 115 decibels or more, roughly equivalent to what power saw operators without ear protection would hear. OSHA recommends limiting such exposure to 15 minutes or less per day. Turbulent air buffeting off the motorcycle windshield is another source of noise, as is air rushing around the chin bar of the helmet.
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There’s another type of sound experienced by riders, called body conducted sound. Aboard a motorcycle, this process transmits engine vibrations and the percussive force of the wind through the flesh and bone to the ear. Earplugs don’t stop it, and it can be significant.
Another topic under investigation by the Bath group is how sound impacts attention, and one experiment measured how different volumes of sound impaired a test subject’s peripheral vision.
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While riders and others recognize that noise can be a serious health issue, many U.S. jurisdictions prohibit the use of earplugs or other noise-reducing devices. One long road trip could take a rider through numerous changes in local laws.
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NIGERIA BANS MOTORCYCLES IN TERROR-STRUCK CITY
Officials in Maiduguri, Nigeria’s seventh largest city and capital of northeastern Borno State, has banned motorbikes in a bid to curb militant activities borne on the backs of these ubiquitous vehicles.
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Motorcycles and Okada (motorcycle taxis) are the predominant mode of transportation in the mostly impoverished city, and members of the Motorcycle Transport Union have protested the ban on their livelihood, but the Borno State government is desperate to crack down on Boko Haram, an extremely orthodox Islamist sect that is seeking to overthrow the secular government in favor of a Muslim state. The terrorist group has become known for brazen public attacks conducted while riding motorbikes, and has killed at least 40 people including police officers and politicians in drive-by motorbike attacks.
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QUOTABLE QUOTE: “Useless laws weaken the necessary laws.”
Charles de Montesquieu (1689-1755), French philosopher and political thinker
THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to Injured Motorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the Law Offices of Richard M. Lester. If you’ve been involved in any kind of accident, call us at 1-(800) ON-A-BIKE or visit www.ON-A-BIKE.com.
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NCOM BIKER NEWSBYTES
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists (NCOM)
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FRANCE PARALYZED BY PROTESTING BIKERS
Despite pouring rain, nearly 100,000 angry motorcyclists brought every major city in France to a standstill in protest of unfair proposals including requiring every rider to wear a fluorescent yellow high visibility vest, banning traffic filtering (lane splitting), and increasing the size of motorcycle registration plates.
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Organized by the Federation Francaise des Motards en Colere (FFMC – French Federation of Angry Bikers) through its highly efficient network of regional and local offices, Paris alone saw more than 15,000 bikers blocking the heart of the capital, with thousands more paralyzing dozens of cities across the country for hours with demonstrations against the French government and interior minister Claude Guéant for their anti-motorcycle policies and proposals.
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“Bikers in France are just fed up with Guéant’s stupid proposals and his ’I can’t see you, I can’t hear you’ attitude, to the extent that almost 100,000 of them have today stood up against their government and paralyzed the whole nation,†reported www.ukfrancebikers.com.
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In response to the largest motorcycle protest in France’s history, road safety director Michèle Merli said on national radio that bikers misunderstood the proposed obligation to wear a high visibility vest but would rather propose to riders that they wear a little yellow strap around their arm so that they can be better seen by motorists.
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UK France bikers.com says they believe that “it is not the bikers who have misunderstood the latest government’s proposals but rather the French government who continue to severely misunderstand and under-estimate the safety of riders.â€
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CONGRESS CONSIDERS ALCOHOL PROHIBITION
Recognizing that higher levels of ethanol in gasoline can cause engine damage and void warranties for motorcycles, all-terrain vehicles and many other small gas-powered motors, U.S. Representative Jim Sensenbrenner (R-WI) has introduced H.R. 748 to prohibit the EPA from authorizing the use of gasoline containing greater than 10% ethanol.
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The U.S. Environmental Protection Agency recently approved E15, gasoline containing 15% alcohol, for use in 2001 or newer cars and light duty trucks, though most on- or off-highway motorcycles and all ATVs are not approved for its use, and using the hotter-burning fuel could void the manufacturer’s warranty.
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Motorcyclists should be concerned about the availability of compatible fuel supplies if gas stations primarily provide E15 gasoline for the majority of their customers, and riders are urged to contact their Congressional Representative to support H.R. 748.
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FEDERAL EFFORTS TO HALT “LEAD LAWâ€
Congressman Denny Rehberg (R-MT) successfully inserted language into an appropriations bill on June 17 to prevent the government from using federal funds to enforce a ban on the sale of kids’ dirtbikes and ATVs due to the lead content of certain components.
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A so-called “Lead Law†was passed by Congress in 2008 to protect children from the toxic metal typically contained in cheap imported toys, but the sales ban has also been enforced by the Consumer Product Safety Commission against youth-sized cycles which contain lead in certain components like batteries and brakes.
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If passed with the Rehberg language intact, the federal funding measure would prohibit the CPSC from using money to enforce lead-content limits on off-highway vehicles intended for sale to children 12 and under.
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In other developments in opposition to the “lead lawâ€, a key Congressional subcommittee has approved a bill to exempt dirtbike and ATV battery terminals and other lead-content parts from the CPSC enforcement, voting on May 12 to send the Enhancing CPSC Authority and Discretion Act on to the full Committee on Energy and Commerce for further consideration.
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NORTH CAROLINA PROHIBITS MOTORCYCLE-ONLY CHECKPOINTS
“HB 381 an Act to Prevent Law Enforcement Agencies from establishing patterns for vehicle stops at checking stations based on a particular type of vehicle is now Session Law 2011-216,†reports Doc Ski, legislative director for CBA/ABATE of North Carolina and a member of the National Coalition of Motorcyclists Legislative Task Force (NCOM-LTF).
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The legislation passed unanimously through both houses of the legislature, and was signed into law on June 23 by Governor Beverly Perdue, making North Carolina the second state in a month behind New Hampshire to enact such laws in response to NHTSA funding of motorcycle-only checkpoints to stop motorcyclists en route to major biker events to check equipment and paperwork.
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This bill, sponsored by Rep. John A. Torbett (R-Stanley), provides that a vehicle checkpoint pattern designated by a law enforcement agency shall not be based on a particular vehicle type and must include all types of vehicles, but does not restrict any other type of checkpoint or roadblock which is otherwise lawful.
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In addition to preventing motorcycle-only roadblocks, Governor Perdue also signed HB 113 to increase the minimum penalties for violating the right of way of a motorcyclist. The previous fine for this infraction was a mere $25, but this bill sponsored by Rep. Ric Killian (R-Raleigh) calls for a $200 fine for a driver who causes a motorcyclist to leave his travel lane. The fine is increased to $500 if there is property damage or personal injury sustained from this violation.
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STATES GREEN-LIGHT RED-LIGHT LAWS
Motorcyclists in a growing number of states are being allowed to go through red lights when sensors aren’t able to detect they are there. Effective July 1, Virginia became the tenth state since 2002 to give motorcyclists license to proceed with caution after stopping when the device that causes the light to change from red to green doesn’t activate, while a similar bill in Illinois sits on the governor’s desk awaiting his signature.
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HB 1981 by Virginia State Delegate Thomas A. Greason (R-Potomac Falls) allows riders of motorcycles, mopeds and bicycles to treat red lights as stop signs provided they come to a complete stop for two cycles of the light before proceeding with due care when safe to do so.
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Illinois Governor Pat Quinn has until August 29 to sign or veto HB 2860 by Rep. Dan Beiser (D-Alton) which would permit motorcycle operators to proceed through a steady red signal that fails to change to green within a “reasonable period of timeâ€. In order to garner support for the measure, the city of Chicago was exempted from the proposed new law.
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Kansas also recently passed a “dead red” law that allows motorcyclists to run inoperable red lights without risking a ticket, and similar legislation has passed in Minnesota (2002), Tennessee (2003), Arkansas (2005), Idaho (2006), Wisconsin (2006), North Carolina (2007), South Carolina (2008), and Missouri (2008). Texas and California have addressed the problem by passing laws to require stoplights to be fitted with sensors that can detect motorcycles.
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PENNSYLVANIA OKAYS SUNDAY BIKE SALES
Governor Tom Corbett marked the midpoint of the 2011 legislative session in July by signing dozens of new laws, including legislation allowing Sunday sales for motorcycle dealers.
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Effective in sixty days, licensed Pennsylvania motorcycle dealers will be allowed to sell, buy or trade bikes on Sunday. Current law allows the sale of motorcycle parts and other merchandise on Sunday, but not bikes.
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SB 419 is designed to give Pennsylvania dealers a level playing field with neighboring states that allow Sunday sales. Supporters have said sales have fallen in southeast Pennsylvania stores and have grown in New Jersey and Maryland since Sunday sales began recently in those states.
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HARLEY-DAVIDSON AUTOMOBILE LICENSE PLATE DEBUTS IN WISCONSIN
The first-ever Harley-Davidson license plate for automobiles is now available to Wisconsin drivers to help fund safety initiatives. The new license plate is the first and only Harley-Davidson branded plate available anywhere in the United States, and it is only being offered in Wisconsin — the birthplace of Harley-Davidson.
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Harley-Davidson Motor Company is partnering with the Wisconsin Department of Transportation to make the Harley-Davidson/Share the Road plates available for automobiles, light trucks and motor homes as of April 13, 2011. The cost of the plates will include a $15 issuance fee, and an annual $25 donation that will help support safety initiatives throughout the state.
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The car-size license plate was designed in collaboration with the Harley-Davidson Motor Company Styling Team. The words “Share the Road” are displayed to emphasize the importance of motorcycle safety.
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DELAWARE GOVERNOR VETOES HELMET LAW REPEAL
Governor Jack Markell has vetoed HB 95 which would have repealed the requirement that persons operating a motorcycle in Delaware carry a safety helmet. Since 1978 when the state repealed their mandatory helmet law, Delaware has one of the most unique helmet laws on the books by requiring riders to have a helmet in their possession on the bike, but not requiring those over 18 to actually wear one.
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Even as Delaware riders hear of their governor’s decision, all eyes are on Michigan where a bill to repeal their 42-year old helmet law appears destined for their governor’s desk, where its fate is no more certain.
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The Michigan Senate recently voted 24-14 to approve a measure that would allow motorcyclists 21 or older to go lidless if they have been licensed to operate a motorcycle for at least two years or have passed a safety course, though ABATE of Michigan opposes an amendment requiring $100,000.00 in medical coverage to ride without a helmet, calling it excessive and noting that many insurance companies don’t offer such coverage, and if they did the cost would be prohibitive.
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ABATE says they will fight to have the insurance requirement removed as the bill moves through the house, but though republican Governor Rick Snyder remains noncommittal he has hinted to the Detroit News that he’s willing to consider the elimination of Michigan’s motorcycle helmet law in the context of general auto insurance reforms that he’s preparing to propose to lawmakers. Three previous attempts to repeal the helmet law have been vetoed by prior governors, twice by Snyder’s immediate predecessor democratic governor Jennifer Granholm.
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JUDGE UPHOLDS PATCH-HOLDERS RIGHTS
“A federal judge has rejected an unprecedented bid by the U.S. government to seek control of a gang’s name and its identity – via its logo – through a court order in a case involving the notorious Mongols motorcycle club,†according to the Associated Press report regarding an eight-page ruling by U.S. District Court Judge Otis Wright, II who wrote on June 28, 2011 that he must “regrettably” rule in favor of the Mongols because the group itself was not named in a 2008 racketeering indictment.
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To summarize the Court’s findings, Aid to Injured Motorcyclists (A.I.M.) Attorney Boyd Spencer of Pennsylvania wrote:
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Since the Mongols Nation Club was never indicted, much less ever convicted of any criminal act, then the criminal forfeiture of the trademark owned by the Mongols Nation was in total error.
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The Mongols Motorcycle Club, or Mongol Nation, owned the trademark of the club colors since 1969.
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Any assignment made by any member of the club to himself or any other individual was void. This is because the trademark was a collective membership mark which can only be owned by the organization for which the Mark stands. Only the Mongols Club, or Mongols Nation could have a property interest or own the patch, colors, or trademark for the patch or colors.
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Since the Mongols were not indicted in the criminal action, the property of anyone other than the defendants in a criminal action, cannot have their personal property forfeited.
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This order, and the prior litigation that led up to this order, is a victory for the rights of motorcycle clubs to own, display, and fly their colors, without forfeiture by the government.
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QUOTABLE QUOTE: “What lies behind us and what lies before us are tiny matters compared to what lies within us.â€
Ralph Waldo Emerson (1803-1882) American Poet & Philos
New York Freedom Riders New York Legislation and news -7/08/11
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UPDATES-
Conferences
2011 National Motorcycle Safety Conference – August 19-21, 2011 – Des Moines, Iowa http://www.smsa.org/events/conferences_and_meetings/registration_form/index.php
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Preliminary Schedule- [descriptions currently available]
Successful Infrastructure Countermeasures to Mitigate Motorcyclist Fatalities http://www.smsa.org/events/conferences_and_meetings/registration_form/Successful_Infrastructure_Countermeasures.php
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Motorcycle Safety: The Case for ABS
http://www.smsa.org/events/conferences_and_meetings/registration_form/MC_Safety_the_Case_for_ABS.php
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Iowa’s Successful Motorcycle Safety Forum – Taking hundreds along for the ride . . .
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The On-Street Course — British Style on the Road Training in the U.S.
http://www.smsa.org/events/conferences_and_meetings/registration_form/The_On-Street_Course.php
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Taking the Mystery Out of Motorcycle Enforcement http://www.smsa.org/events/conferences_and_meetings/registration_form/Taking_the_Mystery_out_of_MC_Enforcement.php
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Achieving Results in Motorcycle Safety through Interagency Collaboration http://www.smsa.org/events/conferences_and_meetings/registration_form/Achieving_Results_in_MC_Safety.php
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Snell and Helmet Standards
http://www.smsa.org/events/conferences_and_meetings/registration_form/Snell_Helmets.php
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Issuing the Class M License through Rider Training http://www.smsa.org/events/conferences_and_meetings/registration_form/Issuing_the_Class_M_License.php
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Changing the Motorcycle Safety Culture through Modern Day Messaging Techniques http://www.smsa.org/events/conferences_and_meetings/registration_form/Changing_the_MC_Safety_Culture.php
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Findings from the Panel of Experts in Motorcycle Training — Sponsored by US Insurance, SMSA, Cape Fox Professional Services and The Rider School http://www.smsa.org/events/conferences_and_meetings/registration_form/Findings_from_the_panel_of_experts.php
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NEW REPORTS
www.thenewspaper.com/news/35/3525.asp
US Senate Leader Introduces Bill to Block Road Privatization Bill would force states to pay back federal contribution before leasing highways to private companies.
7/6/2011
A member of the US Senate leadership is looking to stop states and cities from selling America’s freeways and airports to private companies. Senator Dick Durbin (D-Illinois), the assistant majority leader, introduced the Protecting Taxpayers in Transportation Asset Transfers Act on June 17 to rein in governments officials who would sell off roads to meet short-term budget needs, leaving motorists to pay far more in the long run in tolls and other fees.
“The federal government provides states and local governments billions of dollars to build, maintain and improve transportation projects around the country,” Durbin said in a statement. “The last transportation bill alone provided states with an average of $48 billion per year for upgrades to roads, bridges and mass transit systems. Any deal to sell or lease these assets should be closely examined and include a return on the federal taxpayer investment.”
Durbin was particularly upset by Chicago’s deal to lease its parking meters to Morgan Stanley for $1.2 billion. Nearly all of this money was spent by former Mayor Richard M. Daley, leaving drivers to pay massive increases in the cost of parking that will add up to an estimated $11.6 billion over 75 years.
“This legislation protects against fire sales of our existing public assets while making certain the public’s interest is fully protected in future public/private partnership agreements,” the House sponsor of the legislation, Representative Peter DeFazio (D-Oregon), said in a statement.
The legislation directs the US Department of Transportation to place a lien on public transportation assets so they cannot be sold or transferred without the value of the federal expenditure on construction, maintenance and upgrades being returned to the US Treasury. Transportation assets include freeways, mass transit, airports and railroads worth more than $500 million or where the federal contribution exceeds $25 million.
The legislation also imposes conditions on any lease deal to increase transparency. Companies must disclose conflicts of interest, the estimated tax benefits and financing transactions over the life of the lease, the amount of increased tolls over the life of the deal, changes made to the workforce, and revenue estimates over the life of the deal. State governments must justify the deal in terms of the public interest and disclose the likely impact on nearby roads. In the event the private company goes bankrupt, ownership of the asset must return to the state. The contract with the private company must also be posted online 90 days before the deal can be approved.
A copy of the legislation is available in a 190k PDF file at the source link below.
S1230: http://www.thenewspaper.com/rlc/docs/2011/us-s1230.pdf
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Governors Highway Safety Association: http://www.ghsa.org/index.html
Distracted Driving: What Research Shows and What States Can Do
Produced with funding from State Farm®, this report reviews and summarizes distracted driving research for states as they consider distracted driving countermeasures.
It includes discussion on: what distracted driving is; how often drivers are distracted; how it impacts driver performance and crash risk; what countermeasures may be most effective; and what states can do to reduce distracted driving.
The report outlines the some distracted driving certainties, concludes that states should absolutely undertake four specific countermeasures, and also lists countermeasures that states should consider.
Special thanks to State Farm® for the financial support that allowed this report to be published.
Full report:
http://www.ghsa.org/html/publications/pdf/sfdist11.pdf
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www.nhtsa.gov/About+NHTSA/Press+Releases/2011/NHTSA+Studying+Environmental+Impact+of+’Quieter+Cars ‘
NHTSA Studying Environmental Impact of ‘Quieter Cars’
NHTSA 12-11
Thursday, July 7, 2011
Contact: Karen Aldana
Telephone:Â (202) 366-9550
Safety agency launches assessment of hybrid and electric vehicles to fulfill Pedestrian Safety Enhancement Act
WASHINGTON – The National Highway Traffic Safety Administration (NHTSA) today announced that the agency is taking the first major step toward proposing regulations that will protect unsuspecting pedestrians and the visually-impaired from accidents involving hybrid and electric vehicles.
“America’s streets must be safe for everyone who uses them,” said U.S. Transportation Secretary Ray LaHood. “As we improve the environment with cleaner cars, we must also consider how it affects those on bikes and on foot.”
Today’s action, which is mandated by the Pedestrian Safety Enhancement Act of 2010, will help NHTSA lay the groundwork for a proposed rulemaking to help pedestrians detect the presence of quieter vehicles. NHTSA will evaluate the merits of possible rulemakings, including requiring electric and hybrid carmakers to add sounds that alert the visually-impaired and other pedestrians when these vehicles are operating in certain low speed maneuvers.
“Even as we make giant leaps forward with hybrid and electric vehicles, we must remain laser focused on safety,” said NHTSA Administrator David Strickland. “With more and more quiet vehicles on the road, we have to consider their effect on pedestrians.”
Once the notice is published in the Federal Register, the public will have 30 days to submit comments on this NHTSA action.
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NOTE:
Listen to proposed pedestrian alert sounds:
www.nhtsa.gov/Laws+&+Regulations/Quiet+Car+Notice+of+Intent
Available:
Vehicle Engine Sounds @ 6 mph: city environment and neighborhood
Proposed Alternatives: two out of five.
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Insurance Institute for Highway Safety
Most drivers favor red light cameras, a new survey of 14 big U.S. cities finds Full press release:
http://www.iihs.org/news/rss/pr063011.html
NOTE:
Research paper:
http://www.iihs.org/research/topics/pdf/r1161.pdf
Percentage of drivers who support red light cameras in each of 14 study cities
Bakersfield, Calif. 68%
Baltimore, Md. 67%
Chandler, Ariz. 75%
Chicago, Ill. 65%
Garland, Texas 66%
Long Beach, Calif. 48%
Phoenix, Ariz. 74%
Portland, Ore. 68%
Raleigh, N.C. 62%
Sacramento, Calif. 71%
San Diego, Calif. 64%
Santa Ana, Calif. 54%
Toledo, Ohio 58%
Washington, D.C. 78%
Questions and responses- Page 19- 23
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New York Freedom Riders New York Legislation and news -7/01/11
New York News
www.northshoreoflongisland.com/Articles-i-2011-06-30-88811.112114-sub18235.112114-Biker-control.html
Biker control
Parking enforcement and bench removal
By Dave Willinger
Port Times Record
June 30, 2011 | 10:54 AM
On a summer weekend in Port Jefferson motorcycles are a fact of life. Now Village Hall and the Business Improvement District are attempting to reduce what is viewed by many as nuisance overcrowding of bikes especially along the block of Main Street closest to the harbor.
Code Chief Wally Tomaszewski said the on-street parking spaces on Main Street and East Main Street will be numbered in order to facilitate enforcement of the time limits. Parking on Main Street is restricted to a half hour; two hours is the limit on most of East Main Street.
Tomaszewski’s officers will be ticketing those bikers who overstay the limit. Although Village Code stipulates bikes be parked parallel to traffic, according to Tomaszewski that practice can be “somewhat dangerous” so code does not write summonses for bikes parked at an angle. Nor is there language in Village Code limiting the number of motorcycles per spot, the code chief said.
Motorcycle riders who are Brookhaven residents can park all day for free in the town lot on the harbor. That lot, repaved and restriped earlier this year is accessible from West Broadway.
Out-of-town bikers may soon be allowed to park their bikes for free there as well. According to a Memorandum of Understanding completed June 22, the $10 daily fee for nonresident motorcyclists will be paid by the Port Jefferson Business Improvement District.
The way it works, according to Brookhaven spokesman Jack Krieger, is that nonresident bikers show license and registration to the booth attendant, who makes copies of those documents. The BID has agreed to supply the copy machine. Each week the town delivers those copies along with its invoice to the Port Jefferson BID.
Parking lot employees earlier this week did not know of the arrangement to let nonresident bikers park for free.
BID president Tom Schafer said Tuesday his group has not yet spent any money on the program. Schafer, the owner of Tommy’s Place on Main Street, commented briefly on the matter amid renovation work to his new piano bar, which is to open later this summer across West Broadway from the town lot. He called the idea a means to encourage bikers to use the marina lot. The BID was not necessarily seeking to attract more out-of-town bikers to Port Jefferson, Schafer said, and could cancel the memorandum at one week’s notice.
Mayor Margot Garant commended the BID “for trying to find a creative working solution with the town.” Garant said the bikers like to gather in the part of the marina lot striped for motorcycles, adding “I would like to see them congregate there.”
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UPDATES
Delaware- helmet
HB95/SA 1: This bill eliminates the requirement that a person must have a safety helmet in their possession while operating or riding on a motorcycle. This bill does not change the requirement in Title 21 of the Delaware Code that a person up to 19 years of age must wear a safety helmet while operating or riding on a motorcycle.
Status:
Jun 30, 2011 – Passed by House of Representatives.
Votes: Passed 28 YES- 11 NO- 2 NOT VOTING 0 ABSENT 0 VACANT Vote record:
Bill text:
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Michigan- helmet update
SB291:
Status:
6/28/2011: REPORTED BY COMMITTEE OF THE WHOLE FAVORABLY WITHOUT AMENDMENT(S)
6/28/2011: PLACED ON ORDER OF THIRD READING
6/28/2011: RULES SUSPENDED
6/28/2011: PLACED ON IMMEDIATE PASSAGE
6/28/2011: SUBSTITUTE S-3 DEFEATED
6/28/2011: AMENDMENT(S) DEFEATED
6/28/2011: AMENDMENT(S) ADOPTED
6/28/2011: POSTPONED TEMPORARILY
6/28/2011: SUBSTITUTE S-4 ADOPTED
6/28/2011: PASSED ROLL CALL # 360 YEAS 24 NAYS 14 EXCUSED 0 NOT VOTING 0
6/28/2011: received on 06/28/2011
6/28/2011: read a first time
6/28/2011: referred to Committee on Transportation
Amendments:
Page 12:
Senator Kahn offered the following amendments:
1. Amend page 2, line 1, after “head.†by inserting:
“(5)†and renumbering the remaining subsections.
2. Amend page 2, line 3, after “HEAD.†by inserting “SUBJECT TO SUBSECTION (9),â€.
3. Amend page 2, following line 19, by inserting:
“(9) SUBSECTION (5) DOES NOT APPLY BEGINNING 3 YEARS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION.
(10) THREE YEARS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED SUBSECTION (9), THE DEPARTMENT OF COMMUNITY HEALTH SHALL CONDUCT A STUDY TO DETERMINE THE COST TO THIS STATE INCURRED DUE TO HEAD INJURIES TO MOTORCYCLE OPERATORS AND PASSENGERS NOT WEARING HELMETS DURING THE PRECEDING 3 YEARS. NO LATER THAN 4 YEARS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED SUBSECTION (9), THE DEPARTMENT OF COMMUNITY HEALTH SHALL REPORT ITS FINDINGS UNDER THIS SUBSECTION TO THE STANDING COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES ON HEALTH POLICY AND TRANSPORTATION.â€.
The amendments were adopted, a majority of the members serving voting therefor.
Senator Kahn offered the following amendment:
1. Amend page 2, line 8, after “811B†by inserting a comma and “AND HE OR SHE HAS IN EFFECT SECURITY IN THE AMOUNT OF $250,000.00 FOR THE PAYMENT OF FIRST-PARTY MEDICAL BENEFITS PAYABLE IF HE OR SHE IS INVOLVED IN A MOTORCYCLE ACCIDENT AS PROVIDED IN SECTION 3103 OF THE INSURANCE CODE OF 1956, 1956 PA 218, MCL 500.3103â€.
The amendment was adopted, a majority of the members serving voting therefor.
—
Protests: Page 20-22:
Bill text:
http://www.legislature.mi.gov/documents/2011-2012/billengrossed/Senate/htm/2011-SEBS-0291.htm
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North Carolina- checkpoints LAW
HB381: AN ACT TO PREVENT LAW ENFORCEMENT AGENCIES FROM ESTABLISHING PATTERNS FOR VEHICLE STOPS AT CHECKING STATIONS BASED ON A PARTICULAR TYPE OF VEHICLE.
Status:
06/23/2011: Signed By Gov. 6/23/2011
06/23/2011: Ch. SL 2011-216
http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H381v4.pdf
SESSION LAW 2011-216
HOUSE BILL 381
AN ACT TO PREVENT LAW ENFORCEMENT AGENCIES FROM ESTABLISHING PATTERNS FOR VEHICLE STOPS AT CHECKING STATIONS BASED ON A PARTICULAR TYPE OF VEHICLE.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20-16.3A is amended by adding a new subsection to read:
“(a1) A pattern designated by a law enforcement agency pursuant to subsection (a) of this section shall not be based on a particular vehicle type, except that the pattern may designate any type of commercial motor vehicle as defined in G.S. 20-4.01(3d). The provisions of this subsection shall apply to this Chapter only and are not to be construed to restrict any other type of checkpoint or roadblock which is lawful and meets the requirements of subsection (c) of this section.”
SECTION 2. This act becomes effective December 1, 2011, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.
In the General Assembly read three times and ratified this the 15th day of June, 2011.
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APNewsBreak: Judge sides with biker gang over logo
Published June 30, 2011
| Associated Press
LOS ANGELES – A federal judge has rejected an unprecedented bid by the U.S. government to seek control of a gang’s name and its identity — via its logo — through a court order in a case involving the notorious Mongols motorcycle club.
In an eight-page ruling filed Tuesday but made public Thursday, U.S. District Judge Otis Wright said he must “regrettably” rule in favor of the Mongols because the gang itself was not named in a 2008 racketeering indictment.
Wright granted the biker gang’s petition and vacated a preliminary order of forfeiture. Prosecutors had sought to take control of the Mongol name and the insignia that shows a ponytailed Genghis Khan-like figure aboard a chopper.
They argued the logo should be forfeited because the trademarks were acquired and maintained by former Mongol president Ruben “Doc” Cavazos while the club was involved in criminal activity. Cavazos has pleaded guilty to racketeering conspiracy and is expected to be sentenced later this year.
The effort was part of the indictment that accused gang members of murder, drug trafficking and torture. More than 100 people faced charges in state and federal courts, and dozens have pleaded guilty to crimes ranging from drug possession to conspiracy.
U.S. attorney’s spokesman Thom Mrozek declined immediate comment.
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NEW REPORTS
2009 State Traffic Data Traffic Safety Fact Sheet The U.S. National Highway Traffic Safety Administration has released a fact sheet that provides data on traffic fatalities for the United States and individually for the 50 states, the District of Columbia, and Puerto Rico.
PDF 21 pages:
http://www-nrd.nhtsa.dot.gov/Pubs/811399.pdf
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The Nature of Errors Made by Drivers
Austroads has released a report that explores the nature of errors made by drivers.
https://www.onlinepublications.austroads.com.au/items/AP-R378-11
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