COAST TO COAST BIKER NEWS
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists (NCOM)
MULTI-FACETED MOTORCYCLE BILL ENACTED IN TEXAS
Senate Bill 1967, authored by Texas State Senator John Carona (R-Dallas) and sponsored by Representative Norma ?Da?Lady? Chavez (D-El Paso), introduces many motorcycle-related changes in the Lone Star State.
Included in the bill are 1) funding by Texas Department of Transportation for a public awareness campaign to promote motorcyclist safety and the concept of sharing the road with motorcyclists; 2) changes to the definition of a motorcycle to include certain enclosed three-wheeled passenger vehicles; 3) changes to the licensing requirements for enclosed three-wheeled passenger vehicles; 4) a requirement for all applicants for a motorcycle license or endorsement on a regular or commercial driver’s license to provide proof of successful completion of a basic motorcycle operator training course; 5) penalties for failure to yield the right-of-way violations resulting in bodily injury range from $500 to $2,000 while those resulting in serious bodily injury range from $1,000 to $4,000; 6) a prohibition against stopping or detaining a motorcycle operator or passenger solely to determine whether the person has successfully completed a motorcycle operator training and safety course or is covered by a health insurance plan; 7) a requirement for the Department of Transportation to develop a standard of proof of health insurance coverage for adult motorcycle operators and passengers; and 8) a requirement that all driver education courses or driving safety courses include information on motorcycle awareness, dangers of failure to yield the right-of-way to motorcyclists, and the need to share the road with motorcyclists.
Governor Rick Perry signed the bill into law on June 19; it becomes effective September 1, 2009.
?We made history, Warriors,? exclaimed Sputnik, State Chairman of the Texas Motorcycle Rights Association (TMRA-II) and Chairman of the National Coalition of Motorcyclists Legislative Task Force (NCOM-LTF). ?We owe Da?Lady and her entire staff a huge debt of gratitude for all the work they did for riders this session.?
MISSOURI RIDERS SEEING RED
For most drivers, red means stop. But if you’re riding a motorcycle or a bicycle in Missouri, it will soon mean stop, but only sort of. A new Missouri law that takes effect Aug. 28 allows motorcycle and bike riders to run red lights, but only if they stop first and the signal remains red for an “unreasonable time.”
Missouri will join a growing number of states that have enacted similar laws, which are intended to address occasions when motorcycles or bikes aren’t detected by traffic signal sensors in the road. Many traffic signals are triggered by a magnetic reaction coupled with wires embedded in the pavement. The wires are sized in such a way that they are more likely to be tripped by a car or truck, but some motorcycles and bikes tend not to trip the signal because they have less mass and are made with parts that aren’t attracted to a magnet.
In cities with intersections patrolled by red-light cameras, when a picture is taken of a red-light runner, police should be able to apply the law by looking at video of the possible violation, and if a rider does get a ticket the new law will provide a defense.
Missouri is the eighth state to pass this kind of law since 2002, and three other states considered similar legislation this year.
NY STATE POLICE SUED OVER MOTORCYCLE-ONLY ROADBLOCKS
Upstate New York has earned a reputation as the speeding ticket capital of the country, but even with overeager state troopers patrolling the highways, motorcyclists feel singled out by law enforcement. That’s why one rider/attorney is taking the state police, along with county and state officials to court.
According to legal documents filed by Mitch Proner, Aid to Injured Motorcyclists (AIM) Attorney for New York, the state’s institution of roadblocks exclusively for motorcyclists is unconstitutional: the motorcyclist and personal injury lawyer claims that without justifiable cause, the checkpoints infringe on riders’ First Amendment rights to freedom of assembly and association and their Fourth Amendment right to freedom from unreasonable search and seizure.
For nearly two years now, the New York State Police (NYSP) have been conducting highway roadblocks diverting only motorcyclists from the state?s roadways to perform ?safety checks?. According to ABATE of New York, ?Since motorcycles operated in New York are already required to pass annual safety inspections, the current NYSP initiative continues to serve only to harass, intimidate and inconvenience motorcyclists traveling upon the state?s roadways. Further, motorcycle-only roadblocks of this nature 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.?
Proner told Autoblog.com that he is filing the federal class action suit at the Federal Court for the Northern District of New York on behalf of his fellow riders. ABATE of New York has pledged support of the class-action initiative brought on behalf of the National Coalition of Motorcyclists (NCOM).
CITIES MUFFLE MOTORCYCLE NOISE
Many state legislatures and city councils are making lots of noise about motorcycles, with new ordinances popping up across the country to silence loud exhausts. ?Loud Pipes Save Lives? has been a biker mantra for years, but politicians spurred by citizen complaints have discovered new ways to muffle unwanted exhaust tones.
The Albuquerque City Council voted 6-3 earlier this month to approve an ordinance making revving of motorcycle engines downtown a vehicle nuisance. Amending Section 7-10-3 ROA 1994, The Vehicle Nuisance Ordinance now reads: ?It shall be unlawful for any person to engage in exhibition driving in the Downtown Quiet Zone by operating a vehicle in a manner that willfully creates excessive engine noise because of revving the engine to magnify the engine noise.?
Bikers blasting through East Greenwich, Rhode Island may want to steer clear of town if their exhaust systems aren?t the proper match for their bikes. The Town Council unanimously passed an emergency ordinance in late July allowing the police to pull over and levy fines on bikers if the noise-rating data stamped into the chrome of their exhaust doesn?t match the label on the bike frame. Modified exhaust systems are outlawed.
The ordinance, now in effect, provides for fines $500 for the first offense, and jumps to $700 the second time and $1,000 for the third and each subsequent violation. Buddy Cardoso, president of the Rhode Island Motorcycle Association, who said his group supports courteous riding, inquired that if the labels have to match, ?What do you do, throw away the motorcycle if the exhaust wears out?? Owners of other vehicles are allowed to use after-market exhaust systems, and it is unfair to single out bikers, he said.
In West Virginia, the Charleston City Council let it be known loud and clear that nuisance noise will not be tolerated, and unanimously passed an ordinance on August 17 to crack down on loud music, barking dogs and revving of car and motorcycle engines in residential areas, with fines up to $250.
In an attempt to silence community concerns regarding excessive motorcycle exhaust sound, the Boston City Council fast-tracked enactment of Docket 0658 on June 3, 2009. The new ordinance mandates that all on-highway motorcycles built after December 31, 1982 must have either OEM (original equipment manufacturer) or aftermarket exhaust systems that comply with the US EPA labeling provision in the Code of Federal Regulations. Violations will result in a $300 fine.
Earlier this year in California a bill was held over that would have required periodic emissions testing for 2000-and-newer on-road motorcycles in an effort to make aftermarket exhaust systems illegal if they do not comply with EPA labeling.
Meanwhile, the Motorcycle Industry Council has teamed with the Society of Automotive Engineers International (SAE) to produce a stationary roadside sound test standard that can be used to determine whether a streetbike exhaust system emits excessive sound. “The new SAE standard provides a much-needed alternative to outright bans, restrictions and sound test standards that vary state to state and city to city, frustrating riders, exhaust system manufacturers, and municipal governments alike,” said MIC President Tim Buche.
ANTI-BIKER LAWS UNITING MOTORCYCLE CLUBS
Designed to dismantle ?Bikie Gangs?, South Australia’s recently adopted anti-biker legislation appears to be having the reverse effect – serving to unite rival clubs.
Gypsy Jokers, Hells Angels, Rebels, Finks and Descendents motorcycle club members are coming together in protest against the Serious and Organised Crime Control Act, which came into effect in June last year. The Act is described by the Government as being the toughest law of its kind in the world, and is intended to disrupt biker ?gangs? by declaring membership or association with outlawed clubs illegal.
The Act also includes new charges, which carry up to 10 years jail, for bikie club members and their associates who engage in group violence.
Hundreds of members of rival clubs participated in a Freedom of Association Protest Poker Run, and as if that wasn’t a defiant enough show of unity, a group of motorcycling enthusiasts, including members of opposing clubs, are only a few application process steps away from forming a legitimate political party.
The unlikely alliance, known as the FREE Australia Party, hopes to hit South Australia’s premier where it hurts – in parliament.
The party’s leader, Paul Kuhn – a committee member of the Motorcycle Riders Association of SA and a Justice of the Peace – said the group was formed because of deep concern anyone associated with a member of a club would be found guilty under the law.
“The Government is now controlling and dictating relationships,” he said. Kuhn is not the only member of the public questioning the civil liberties said to be lost under the Act. The SA Law Society, the SA Council of Social Services, various Aboriginal groups, the Greens and the Australian Democrats have all voiced concern about the legislation.
A member of the Gypsy Jokers MC told the press services that the unified event proves that bikie clubs could get along, despite what the Government was trying to show. “These laws have brought the clubs together,” he said.
WEIRD NEWS: TURKEY GOES WILD OVER BIKERS
Freddy the turkey, the famous and notorious fowl who trotted around town much to the delight of Easton, Massachusetts residents, met his demise this month after becoming a menace to motorcyclists.
The wild turkey wandered out of the woods and became a common sight and mascot in the Five Corners area, where he ruled the roost and was often seen gobbling up bargains at the local stores and strutting across busy streets like he was on parade.
But the gadabout gobbler went from docile dollar-store shopper to motorcycle menace over the past few months, prompting police to put him down.
?Things had really gotten nasty,? said Police Chief Allen R. Krajcik. ?We were thankful there had been no accidents yet. It was only a matter of time before something happened.?
Police received numerous calls and e-mails from motorcyclists. ?One motorcyclist told police that the bird flew at his face with his feet forward to attack him,? the chief told the local newspaper. To escape, the driver rode through a red light, narrowly avoiding an accident. Similar attacks had been reported in increasing numbers, and like other repeat offenders Freddy was racking up a long record of dangerous activity, victimizing mostly motorcyclists.
Police intended to capture the red-freak turkey and relocate it to a less populated environment. But the state Division of Fisheries and Wildlife advised against it, saying the turkey could introduce diseases to its new habitat, and advised euthanizing it, according to Chief Krajcik.
It just needed its assed kicked.
QUOTABLE QUOTE: “History does not entrust the care of freedom to the weak or timid.”
–Dwight D. Eisenhower (1890-1969) 34th President of the United States
STATE BY STATE GUN LAW NEWS FROM THE NRA
(Please note the only items listed below are those that have had recent action. For other updates on state legislation, please go to the state legislation section at www.NRAILA.org
ILLINOIS: Governor Signs Two Pro-Gun Reform Bills Despite the urging of anti-gun groups, Governor Pat Quinn (D) signed House Bills 182 and 3714. HB 182 will simply change the “Unlawful Use of Weapons” (UUW) law, allowing a law-abiding citizen to carry a firearm in his dwelling or in the dwelling or on the land of another person where he has been invited. Governor Quinn also signed HB 3714, which states that as a condition of probation and conditional discharge, a person shall automatically be prohibited from possessing a firearm only if the offense was either a felony, or a misdemeanor that “involved bodily harm.”
NEVADA: Clark County Shooting Park Needs Your Support. The Clark County Shooting Park is a 3,000 acre park outside of Las Vegas that is devoted entirely to the shooting sports. It was created by an Act of Congress that transferred land to Clark County from the federal Bureau of Land Management (BLM). Not long after the transfer, some local residents filed a lawsuit to close down the shooting park.
The federal judge dismissed their charges, but ordered the BLM to complete some environmental studies. An Environmental Assessment with a “Finding of No Significant Impact” (FONSI) has been completed and is open for public comment until Wednesday, September 2.
The same people who sued the shooting park, along with their allies, plan to bury BLM with letters demanding a more extensive environmental analysis as another form of harassment against the shooting park. Since comments are not limited to Nevada residents, we are asking that NRA members from around the country send comments to BLM in order to counter comments by the shooting park’s opposition. A large number of supportive letters will also positively influence BLM decisions on other shooting areas and ranges nationwide. If you shoot recreationally, it is important the BLM hear from you.
Gun control advocates and radical environmental activists are trying to shut down shooting ranges or keep them from opening across the country, so it is important that BLM hear from you.
Please take a few minutes to send Mr. Bob Ross, BLM Las Vegas Field Manager, your comments supporting the Environmental Assessment and recommending that the FONSI be approved and that the environmental review process be completed. His address is: 4701 North Torrey Pines Drive, Las Vegas, NV 89130.
NEW YORK: Sportsmen’s Association for Firearms Education Inc. (S.A.F.E.) presents the 2009 Firearm Civil Rights Conference: Please join the Sportsmen’s Association for Firearms Education Inc. (S.A.F.E.) for its “2009 Firearm Civil Rights Conference”
Sunday, September 13th,
1:00 p.m. to 4:00 p.m. (doors open at 12:00 noon)
Sheraton Long Island Hotel
110 Vanderbilt Motor Parkway
Smithtown, NY 11788
(631) 231-1100
(on Motor Parkway on the North side of LIE between exits 53 55)
Special guests include Wayne LaPierre, NRA Executive Vice President; Ron Schmeits, NRA President; Dick Anthony Heller, plaintiff in the landmark Heller-v-Washington DC, case; Ginny Simone, NRA investigative reporter on firearms issues, and radio show host; and John L. Cushman, S.A.F.E. President and Founder, and NRA Board Member.
Attendees will have the opportunity to learn the latest information about firearm Civil Rights both nationally and locally, as well as meeting and networking with fellow sportsmen and women concerned about their civil rights and how to protect them. Valuable prizes in drawings will be awarded to attendees. Admission and parking are free, and the event is open to your family and friends.
NORTH DAKOTA: Hunters Have Opportunity to Participate in Elk Reduction Plan for Theodore Roosevelt National Park The National Park Service has released its “preferred alternative” for reducing the elk population in the Theodore Roosevelt National Park. It calls for elk culling to be carried out by qualified federal employees and/or authorized agents.
Authorized agents include federal agency personnel and skilled public volunteers, including hunters. The proposal is open for public comment until September 9, and it can be viewed at http://parkplanning.nps.gov/THRO
OREGON: Opportunity to Expand Hunting Programs in the Malheur National Wildlife Refuge. The U.S. Fish and Wildlife Service has announced that it will begin to draft a plan for the Malheur National Wildlife Refuge that will guide refuge management for the next 15 years. The 187,000-acre refuge located in Harney County is one of the largest freshwater marshes in the country. Waterfowl hunting is available on approximately half of Malheur Lake and upland bird hunting is available on approximately one quarter of the refuge. One of the issues that the Service will be addressing is the adequacy of access and facilities for all of the wildlife dependent uses, like hunting and fishing, and opportunities to expand these programs.
The Service is inviting comments from the public to gather suggestions and information on the scope of the issues to consider during the planning process. Comments are due by October 15, and can be e-mailed to FW1PlanningComments@fws.gov. Include “Malheur CCP” in the subject line of the message.
For further information you may call 541-493-2612. It is important that those who hunt and fish in the refuge become active participants in the planning process to ensure that sportsmen’s interests are well represented in the plan that will be drafted.
PENNSYLVANIA: Bethlehem Area School District Eliminates Funding for Two High School Rifle Teams! Due to tightening budgets, the Bethlehem Area School District has shut off funding for the Liberty High School and Freedom High School rifle teams. Both teams have been in existence for over 40 years and have consistently been given grants by NRA.
Please contact the Superintendent of Schools, Dr. Joseph A. Lewis, and the members of the school board TODAY and respectfully voice your disapproval with their action.
TENNESSEE: Tennessee Park Carry Law Goes into Effect Tuesday, September 1st! On Tuesday, September 1, the local carry provision of the new Tennessee Park carry law, goes into effect. This law enables law-abiding Right-to-Carry permit holders to carry a firearm for self-defense in state and local parks. The state park component of this bill went into effect on June 12, but the local park carry effective date was delayed until September 1 to give local municipalities time to study the issue.
Local government bodies have had the opportunity to opt out of the law prior to the effective date. While a majority of Tennessee localities chose not to restrict permit holders, a few voted to opt out of by passing ordinances and resolutions that ban the possession of firearms in local parks, creating arbitrary boundaries that prohibit law-abiding permit holders from protecting themselves.
The City of Knoxville Changes the Hearing Date for Consideration of Park Carry Bill. The Knoxville City Council has decided to move its meeting date to Thursday, September 3, at 5:00 p.m.
At this time, council members will consider an ordinance that, if passed, would remove a long-time ban on the possession of firearms within city parks. The meeting will be held at the City County Building located at 400 Main St. It is imperative that you not only make plans to attend this hearing, but also contact Mayor Bill Haslam at (865) 215-2040 and the City Council members at (865) 215-2075 and voice your support for overturning the ban on your right to self-defense in local parks. Please get there early to sign up to speak – this may be our last opportunity!
VIRGINIA: ANOTHER VOLUNTEER KICK-OFF MEETING SCHEDULED! This November, Virginia’s elections will be ground zero for the enemies of freedom to try and turn the tide against our gun rights in the Commonwealth, and serve as a launching pad for their national gun ban crusade. Our opponents will be pulling out all the stops as a run-up to the 2010 elections. All eyes will be on Virginia! To ensure we are prepared to meet the challenges and opportunities we will face this election season, NRA-ILA is hosting a free volunteer kick-off meeting in Leesburg, on Sept. 16th! At this meeting, we will lay out our plans for our grassroots election activities in your area and show you how you can help. You will also get to meet and begin working with your NRA-ILA Campaign Field Representative–an NRA-ILA staff person who will be living in your area, coordinating our volunteer activities right through Election Day, Nov. 3! This meeting is absolutely free and beverages and light snacks will be served. The event will run only about 60-90 minutes. NRA-ILA Grassroots Director Glen Caroline will also be in attendance.
Here are the details for the Leesburg meeting on Sept. 16th:
Wednesday, September 16th
7:00 p.m.
Holiday Inn Leesburg at Carradoc Hall
1500 East Market Street
Leesburg, VA 20176
703-771-9200
To register for this free event, call the NRA-ILA Grassroots Division at (800) 392-VOTE (8683).
Reloading Clinics: Are you looking for a way to beat the high prices of ammo or are you having trouble finding your favorite ammo in stock at your local gun shop? The Virginia Shooting Sports Association (VSSA), the Official State Affiliate Association of NRA, has the answer. VSSA will be hosting reloading clinics around the Commonwealth starting in September. There will be clinics for both metallic shell reloading and shotgun shell reloading.
The courses are designed to enable shooters with little or no prior experience in reloading to acquire the necessary knowledge, skills, and ability to produce safe, consistent, and accurate reloaded ammunition. The clinics will be held at the Gander Mountain stores in Fredericksburg, Richmond, Roanoke, and Winchester. For more information on cost and dates, e-mail Dave Myers at Dave.Myers@myvssa.org. Class sizes are limited so register today!
