May 14, 2007

Coast To Coast Legislative News–Civil Liberties Manual Available, National Helmet Debate Fired Up, Florida Impact Study, Michigan Ban Rescinded, Sacramento Bike Parking, Multinational Firm Bans Motorcycles, Road Pricing In England and Mysterious Rider Found Two Years After Accident

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Old shots from Bob T. collection.

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. For more information, call us at 1-(800) ON-A-BIKE or visit us on our website at http://www.ON-A-BIKE.com.

COAST TO COAST BIKER NEWS
Compiled & Edited by Bill Bish
National Coalition of Motorcyclists

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BIKER?S RIGHTS AND CIVIL LIBERTIES, THE MANUAL AVAILABLE– Last week I attended a convention of Biker?s rights and legislation effecting our sport and lifestyle. The offices of Richard M. Lester and Mike Mandelman produced a manual on our Rights and Civil Liberties. If you want to check it out go to aimncom@aimncom.com or call (800) 662-2453.

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MOTORCYCLE FATALITY SURGE RENEWS NATIONAL HELMET DEBATE The debate over whether the nation’s nearly 6 million motorcycle riders should by law be required to wear helmets is nothing new, but a decade long rise in both registrations and fatalities has rekindled interest in helmet laws, according to reports by two major news outlets: ABC News and USA Today.

In 1995, Congress repealed a second attempt at a national helmet law, and in the ensuing decade motorcycle fatalities more than doubled, from 2,227 in 1995 to 4,553 in 2005. And while it’s true there are significantly more bikes on the road, also nearly doubling from 3,727,738 in 1995 to 6,183,596 in 2005, according to the National Highway Traffic Safety Administration the fatality rate has also increased by nearly 13 percent.

The problem, according to advocates of helmet laws, is that one-sided, well-organized lobbying at the state level ? where for now, this issue is primarily legislated ? have largely hampered the creation of new helmet laws or the strengthening of existing ones. Of the 50 states, only 20 maintain helmet laws for all riders, while 27 require helmets for select rider groups ? typically those under 18 years old. Colorado, Illinois and Iowa currently have no helmet laws.

“It’s pretty much a single-issue lobby,” Barbara Harsha, executive director of the Governors Highway Safety Association, told ABC News. “They’re very well-organized and they’ve become very adept at working state legislatures.”

In many ways, the helmet debate has been taken off the table at the federal level, Harsha said, describing $25 million distributed by Congress to states in 2005 for motorcycle training and education that cannot be spent on promoting helmet use.

And to groups that advocate against mandatory helmet laws ? such as state ABATE organizations ? that’s exactly the way it should be: The government should stay out of a motorcycle rider’s personal decision-making.

But sparked by rising fatality statistics and last year’s crash of NFL star Ben Roethlisberger, lawmakers in eight states are pushing for new motorcycle helmet laws, and helmet-law proponents told USA Today that it’s been a tough fight ? bills have already been defeated in six of those states: Arkansas, Colorado, Iowa, Kansas, Montana, and Oklahoma. After he introduced Delaware’s first mandatory-helmet bill in more than 20 years on March 14, state Rep. Gary Simpson got e-mails from people vowing to campaign against his re-election. “It’s a very strong lobby,” Simpson said.

In Oklahoma, according to Tiger Mike Revere, State Coordinator for ABATE of Oklahoma and member of the National Coalition of Motorcyclists (NCOM) board of directors, the helmet law was not only defeated, but the bill?s author, Rep. Skye McNiel, attended the Confederation of Clubs meeting and apologized for submitting such a bill, affirming that she will never again propose a helmet law and pledged to work together with the riding community on issues to improve motorcycling.

Meanwhile, some bikers? rights advocates are working on legislation to repeal or modify their state?s helmet laws. SB 1511 has passed the Tennessee Senate and would roll back the mandatory motorcycle helmet law for adults 21 and older. Likewise, SB 255 in Missouri would allow Freedom of Choice for riders 21 and older, citing the fact that 6 of the 8 states surrounding Missouri do not require adult helmet usage.

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FLORIDA ECONOMIC IMPACT STUDY Released April 5, 2007, the following is an economic impact study done for the first six years ten months of Florida?s amended helmet law. The motorcycle registration figures are compiled from the statistics of the Florida department of Highway Safety and Motor Vehicles. The fees come from the license registration bureau. From 1999 to April 2007 motorcycle registrations in Florida increased from 198,601 to 509,036. That is an increase of approximately 157%, and it is rising. The following is the estimated revenue generated from the registration and bike purchases.

310,435 motorcycles at an average of $10,000 each equals $3,104,350,000.00
Sales Tax at 6% = $186,626,100.00
Registration fee for motorcycles at $26.40 = $8,226,527.50
Change of title at $29.75 = $9,235,441.25
Buy Tag at $10.00 = $3,104.350.00

TOTAL = $3,311,343,418.75

?This is a low estimate as it doesn?t include antique motorcycles or mopeds,? said James ?Doc? Reichenbach II, State Director of ABATE of Florida, Inc., and Chairman of the Board for the National Coalition of Motorcyclists (NCOM). ?This is over three billion dollars in almost seven years that has been brought into Florida?s economy. Over two hundred million in taxes alone went into the Florida State Treasury.?

Doc also points out that this does not include the almost 4 billion dollars put into the economy from Bike Week and Biketoberfest over the same period.

Registration are annual so they would increase with each year and there are also over 800,000 people with motorcycle endorsements in Florida and that is $5 every time they renew it.

?I hope these figures will help anyone who has heard that Florida motorcyclists don?t pay their fair share,? concluded Doc.

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MICHIGAN MUNICIPALITY RESCINDS MOTORCYCLE BAN The Oak Park City Council has unanimously repealed an anti-motorcycle ordinance that prohibited motorcyclists from riding on residential streets between 10pm and 6am.

ABATE of Michigan became aware of this ordinance when one of its members, Oak Park resident David Dolinski, contacted the organization and complained about signs being posted advising of the ordinance. ABATE authorized its attorney, Lawrence S. Katkowsky of Bingham Farms, to look into the matter. Katkowsky, who also serves as the Aid to Injured Motorcyclists (AIM) Attorney for Michigan and is legal adviser to the Confederation of Clubs of Michigan, notified the City that the ordinance was illegal under Michigan law and asked that it be repealed before the 2007 riding season.

Apparently neither the council, the City Manager, nor the City Attorney were even aware that the ordinance was on the books and were not aware that it was being enforced.

Following the council vote ABATE thanked the Mayor of Oak Park, Gerald E Naftaly and the other members of the City Council for their prompt action to remove this ordinance from their books.

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SACRAMENTO BIKE PARKING Sometimes all you have to do is ask — just ask Deacon, founder of ABATE of California? ?As many of you know there is now parking for MOTORCYCLES ONLY in Old Town Sacramento, located in the cul-de-sac at the Pony Express Rider statue. A couple of years ago ABATE asked the Mayor for some parking there and lo and behold we now have it FREE,? said Deacon. ?When I went to City Hall for a permit, right in front of the building is MOTORCYCLE PARKING ONLY!!! 10 hours for FREE!!! Like I said?sometimes all you have to do is ask!?

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BIKERNET NOISE STUDY AVAILABLE–If you’re having problems with noise issues in your area, you might want to print up the Bikernet Independent Noise Study and share it with law enforcement and the community. It’s designed to point out the Biker’s side of the noise issue in a way anyone can understand and relate to. Just click here: Bikernet Independent Noise Study

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MULTINATIONAL FIRM BANS MOTORCYCLES The Multinational firm Johnson Controls Ltd has banned the use of motorcycles ?on company business,? barring thousands of employees across Europe from riding motorcycles under threat of disciplinary action.

A company spokeswoman said: “Motorcycles must not be used by employees on company business,” adding that “The policy covers just under 5,000 Johnson Controls UK-based employees either working in the UK or Europe, in the building efficiency business.”

She said employees were free to ride bikes in their own time, including to and from work, but claimed the policy was ?for the protection of our people?. Johnson Controls employs 136,000 people worldwide.

An anonymous employee who made the policy public said; ?If all the blue chip companies start to do this then motorcycling is no longer an alternative form of transport.?

ACCURATE ENG. BANNER BLK

ROAD PRICING HEATS UP IN ENGLAND Opposition to the Government road charging plans is growing throughout England, with an online petition against the pricing scheme has made national news after collecting over a half million signatures.

Road pricing would involve a huge infrastructure of a combination of beacons and gantries, or satellites, possibly even all three, to monitor where your vehicle travels and charge you accordingly. The current fear is that road users will have to pay to have on-board ?black box? sensors installed that are necessary for vehicles to be recognized and their owners charged.

Motorcycle Action Group (MAG) of the United Kingdom is totally opposed to the level of surveillance and control which the road charging plans represent, and questions the motives of the government in proposing it.

MAG-UK points out that it may be no coincidence that the technology necessary to achieve the level of surveillance necessary to implement road charging, could also be used to achieve vehicle speed control to automate the enforcement of speed limits with a zero tolerance policy.

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WIERD NEWS: ?DEAD? BIKER RETURNS HOME AFTER TWO YEARS An Australian man mistakenly certified as dead following a horrific motorcycle accident two years ago was reunited with his family last week after a social worker helped to identify him.

Samy Pillai, 50, was believed to have been killed in a hit-and-run accident in June 2005, after his wrecked motorcycle was found along the same stretch of road as a body mangled beyond recognition, the Star newspaper says.

But he was found to be alive, although speechless and partially paralyzed by the accident, after a social worker encountered him hobbling around on crutches almost 200 miles from his home and took him to authorities, who identified him from his thumbprints. Mr Pillai’s wife confirmed the man was her husband, but how he spent his years away from home remains a mystery. The couple have nine children, the newspaper reported.

“I am glad Samy Pillai has been reunited with his family who had all this while thought the unidentified body had been his,” the newspaper quoted Andrew Raju, the social worker, as saying.

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NCOM HONORS FALLEN RIDERS, INVITES NAMES TO BE SUBMITTED The NCOM Convention hit last weekend, the National Coalition of Motorcyclists requested that MRO’s, motorcycle clubs, and riding associations submitted the names of those members and supporters who died since May 2006. They honored their memories during the traditional ?Ringing of the Bell? tribute to fallen riders during the opening ceremonies. Dedications can be e-mailed to NCOMBish@aol.com.

The 22nd annual NCOM Convention was held Mother?s Day weekend, May 10-13, 2007, at the Hilton Charlotte University Place, located at 8629 JM Keynes Drive in Charlotte, North Carolina. Reserve your room now for the special NCOM rate by calling (704) 547-7444 or 1-(800) HILTONS.

Hosted by ABATE/Concerned Bikers Association of North Carolina and the Confederation of Clubs North Carolina, this annual gathering drew over a thousand motorcyclists rights leaders from across the country to discuss topics of concern to all riders. Meetings, seminars and group discussions focus on safety issues, legal rights, legislative efforts and litigation techniques to benefit our right to ride.

To pre-register for next year?s convention in Texas, call the National Coalition of Motorcyclists at (800) 525-5355 or visit www.ON-A-BIKE.com.

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QUOTABLE QUOTE: ?The United States is a nation of laws; badly written and randomly enforced.?

–Frank Zappa, American musician & songwriter (1940-1993)

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