April 21-22, 2006, Charlotte, NC—The Motorcycle Riders Foundation (MRF) and Concerned Bikers Association/ABATE of North Carolina, Inc. hosted Beast of the East, which drew 122 people from 14 states. Biker’s rights issues are rooted in the core values of the American system—freedom and equal treatment under the law. As the gathering of activists attests, where bikers choose to work the system, the system works for them. Progress is made in state legislatures and on federal issues by the most active motorcyclist’s rights organizations(MROs).
At Friday evening’s general session, state reps shared their strategies and results.Everyone is capable of influencing government, MRF president Karen Bolin made an example of Washington State’s last governor’s race, won—by a margin of 129 votes after three recounts —by the candidate that the MRO opposed. “So don’t tell me your vote doesn’t matter,” she said. The SMRO had some success in passing a secured loads law for trucks.
As in most states, leaving the scene of an accident is a crime; in North Carolina, penalties have been increased.
In Colorado, ABATE is working with the Department of Transportation to update the state’s rider education rules. Their Right-of-Way penalty legislation was weakened from license revocation to suspension.
In New York, ROW bills were redrafted to include road users and pedestrians beyond motorcycles, but now face the journey through the country’s slowest legislature.
In Tennessee, like many other states, the government plays fast and loose with designated rider education funds. ABATE is watching closely and fighting for every dollar. They won an exemption to the mandatory helmet law for parades under 30 mph. Tennessee has also sanctioned the use of certain bicycle helmets certified by the Consumer Product Safety Commission, for use on motorcycles (motorcycle helmets are subject to Dept. of Transportation-NHTSA standards, a separate agency.) Handlebar height restrictions were also removed; Delaware, Kansas, and New York have loosened their laws to shoulder height.
New Hampshire residents had unlimited opportunity to pass a road test after acquiring a 30-day learner’s permit. A new law effective July 1 requires anyone who fails a road test twice to take the state’s rider training course. Effective January 1, 2007, permit applicants must take a written test, similar to other states. NH also now requires a 45-minute motorcycle-awareness module in driver education curriculum.
Ohio currently allows riders over the age of 18 the right to choose helmet use, ABATE helped defeat a bill that would raise the age to 25 and increase penalties for failure to comply.
Wisconsin’s Senate and Assembly Transportation Committee passed Roadway Users Responsibility Act in March. The RURA toughens right-of-way violation penalties; allow motorcycles and bicycles to pass red lights after 45 seconds when sensors don’t recognize them; and mandates motorcycle awareness in driver education. It awaits Governor Doyle’s signature.
Tom Greenbank of Maryland found a loophole in the state’s law that allows him to ride without a helmet legally. The statutes that apply to only antique motorcycles classify a helmet as part of the bike’s equipment, not the rider’s. Tom keeps a copy of the law in his pocket when he rides.
Michigan’s helmet choice bill has been approved by the state senate, but faces a rough ride through the house.
The Massachusetts Motorcycle Association expects their helmet choice bill will become law by July 1.
California joins Florida’s steps at graduated driver’s licensing. There are plenty of practical reasons, but the devil is in the details. The European model is far stricter.
In the two years since the American Motorcyclist Association began the Justice for All campaign, a total of eleven states have passed new legislation. Penalties for drivers convicted of right of way violations that cause serious injury or death have been increased: in OK it’s a fine up to $1,000, In GA, the fine is at least $250, in addition to other penalties. They join Arkansas, Iowa, Maine, New York, North Carolina, Pennsylvania, Virginia, Washington, and West Virginia.
MRF president Karen Bolin overviewed the national issues since the highway appropriations bill was passed after two years of delay in July, 2005. The bill includes $25 million in grants for motorcycle education, safety, and awareness programs over the next four years. Contact the MRF to learn how your state can apply, if the money is not spent, it will not be renewed in the next budget cycle.The long-awaited crash study has been funded, and a National Motorcycle Advisory Council has been created. It will be comprised of: a member of a national safety organization, the AMA, MRF, Motorcycle Safety Foundation, a state motorcycle safety administrator, a highway construction expert, two state DOT officials or engineers, and two SMRO members.
The loophole in the Health Insurance Portability and Accountability Act that permits an insurance company to exclude benefits based on source of injury still stands. Keep after your senators and representatives to support S577 and HR2793, all the more important now that the state of Massachusetts just passed a law requiring everyone to have health insurance. The mandated insurance product currently does not exist.
HR2048 is the Right to Repair Act for all motor vehicles. It forbids manufacturers to withhold tools or training from owners or mechanics, current law makes only emissions tools available. If HR2048 does not pass, independent repair shops could eventually be forced out of business.
Gang legislation in both houses does not directly mention motorcycles, but refers to garments and other details too vague to avoid misinterpretation. The House version calls for more educational programs, the Senate version calls for more law enforcement.
The National Highway Safety Administration has been holding quarterly safety meetings; the AMA, MRF, MSF, members of the major manufacturers, law enforcement officials, MROs, and alcohol distributors. They are working to reduce alcohol-related deaths, which are on the rise.
Another disturbing trend—as many as 65% of all rider deaths are from single-vehicle crashes, most involving alcohol. Alcohol (and pharmaceutical drug) advertising in motorsports is still increasing, could there be a connection?
The Environmental Protection Agency issued new emissions rules affecting all motorcycles produced from 2006 forward. United Nations committees are working on international standards (not rules, compliance is voluntary) for emissions. Currently, the European Unions are the most stringent, the United States are the least, and Japan’s standards are in the middle. A new emissions test will be developed, which will force the EPA to reexamine its rules yet again.
Sound regulations are still controversial within the UN, Germany supports the toughest four-part test, roadside enforcement and penalties including confiscation. The US and many others want a two-part test with no post-factory follow-up. A NGO comprised of the AMA, MRF, FEMA, and FIM serves to represent the interest of over 35 million riders.The MRF has received over seven thousand responses to its survey of motorcycle shops. They are still compiling data, so tell your mechanic to log on to MRF.org-links to http://www.surveymonkey.com/s.asp?u=98991669717
A lengthy discussion on rider education was presented by state directors of Rider Education Dave Galloway(North Carolina) and Jay Jackson(Indiana). Most programs were started by SMROs, who created their funding structure of license and registration fees. The MRF views rider education as a state issue which should not be co-opted a marketing tool for the industry. NHTSA’s own survey of rider training found three of the top five programs in the country are not from the MSF.
The MSF is selling its program, then trying to control its use or threaten to pull certification from the provider. Jackson related how the MSF tried to insist that Colorado, which certifies more than one curriculum, use only the MSF program, then told Oregon to allow other programs besides TEAM OR to operate. Illinois is testing the MSF’s Beginning Rider Course against the TEAM Oregon program for efficacy.
Galloway observed that the most under-served segment of the market is longtime riders who have never had formal training, which accident rates bear out. North Carolina waives regular skill tests if one successfully completes a BRC or an ERC, but this has not increased demand for ERCs. Seems those old dogs don’t want to learn any new tricks. Riders over 40 have more accidents, and returning military personnel have been pushing up the death rate. Takes a different set of skills to survive insurgents than motorcycles.
Honda has developed a motorcycle simulator, the same concept as a cockpit simulator for training. Some instructors fear that factory-sponsored rider training courses would use this as a replacement for riding module, others acknowledged that it could be very helpful as an additional module.
As one who must step outside the biker realm with far too much regularity, I’ve found biker’s rights conferences, whether sponsored by one of the national organizations or the SMRO, are far better focused and in general, meatier than professional groups. Yet the level of camaraderie and support is exactly what most bikers would expect of one another…everyone’s eager to share. Motorcycle riders are just two percent of the road users. We’re a pretty small part of the gross domestic product, we don’t generate very much tax revenue and we’re not the richest special interest group in the capitols. But despite the lies, corruption, and incompetence, we still have the most accessible system in the world. We’ve got the precious right to vote, and so much more.
Contact: Motorcycle Riders Foundation http://MRF.org
American Motorcyclist Association http://ama-cycle.org/
Motorcycle Safety Foundation www.msf-usa.org/
National Highway Traffic Safety Administration www.nhtsa.dot.gov/
Environmental Protection Agency www.epa.gov/
