COAST TO COAST BIKER NEWS
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists
NATIONAL HELMET LAW AVOIDED– Due to quick actions by national and state motorcycle rights organizations and concerned individual riders, an attempt to amend a helmet law requirement into the federal highway bill has been averted.
Just days before Senator Frank Lautenberg (D-NJ) intended to introduce yet another national helmet law mandate as an amendment to the Senate’s version of the transportation reauthorization measure SAFE-TEA (HR 3), word was spread over the Internet and through discussion groups which mobilized bikers nationwide to flood their Senators’ offices with e-mails and phone calls urging them to oppose the amendment.
On Wednesday, May 11, the Lautenberg Amendment to reinstate the federal helmet law that he masterminded back in 1991, which was eventually repealed after heavy lobbying by bikers in 1995, was decisively defeated by a vote of 69-28. The amendment would have diverted a portion of any state’s federal highway funding into safety programs if that state did not have and enforce a mandatory helmet law for all motorcycle riders.
The House of Representatives passed their version of the highway funding bill, H.R.3, the Transportation Equity Act: A Legacy for Users (TEA-LU) by a vote of 417-9 on March 10, including motorcycle safety agenda language and training grant funding, and is now awaiting the Senate to do likewise so that both bills can go to conference committee to iron out any discrepancies and then on to President Bush for his signature or veto. Congress is currently on their 6th deadline extension to enact a highway bill, and the deadline for completion is May 31st.
MISSOURI RIDERS CLOSER TO HELMET FREEDOM– State representatives have given approval to a bill (SB 221) that would repeal the law that requires all motorcyclists to wear helmets, and would allow cyclists over 21 the option to wear a helmet if the law would pass.
The repeal of the mandatory helmet law is part of a larger bill that deals with several transportation issues. Part of the measure would allow police to pull over motorists solely for not wearing seat belts. The House approved the helmet provision but disagrees with the Senate on whether the seat belt provision should be included. The legislative session ends soon, however, and there may not be enough time to resolve the differences.
NEW YORK SEEKS MODIFICATIONS TO HANDLEBAR HEIGHT LAW– Custom motorcycle maven Paul Teutul Sr. has a reason to smile under his Fu Manchu mustache. The New York state legislature is considering a bill to allow motorcycle handlebars to be as a high as a rider’s shoulders. Now, they can only be 15 inches above the seat.
Teutul, owner of Orange County Choppers and star of the Discovery Channel’s hit show “American Chopper,” told the New York Daily Star that the bill is “great,” even though the bill doesn’t go as far as he’d like. He prefers a ride with handlebars over his head.
“I like ape hangers,” Teutul said, referring to the high handlebars. “It’s actually a really comfortable ride and it really doesn’t change the handling.”
ABATE of New York activist Larry Schwartz said the 15-inch restriction was put in place in the 1960s to give police a reason to pull over “outlaw bikers” on choppers. “It was just an easy way to stop anybody they wanted, but it has nothing to do with ergonomics or the comfort or safety of motorcycles.”
Assemblyman Ron Canestrari, an Albany County Democrat and Assembly sponsor of the bill, said a shoulder-high limit makes more sense.
“It is more popular with the motorcyclists, more consistent with the newer motorcycles, some of which are custom-designed, and there are no safety hazards posed by it, which is the most important thing,” Canestrari said. The bill also has majority support in the Senate.
Teutul said he was once ticketed in New Hampshire for his high handlebars, but police in New York have never bothered him. “They’re pretty cool about it,” he said.
KEYSTONE BIKERS PRESS SAFETY ISSUES ABATE– of Pennsylvania is working in conjunction with the Pennsylvania Department of Transportation to distribute safety messages to road users.
“The ABATE office received a call Mark Jeannette, a manager at PennDOT, who informed us that they have two new cards very similar to what we suggested, that will be put in with the new registrations for automobile operators and motorcycles and others,” explains John Mullendore, ABATE of Pennsylvania Legislative Coordinator and a member of the NCOM Board of Directors.
The one is entitled, “Drive Aware – We’re Out There” and the other is “Sharing the Road with Motorcycles and Automobiles”. It has safety tips for drivers on how to look for motorcycles and how to drive once they see us.
They are ready to go to print and then start inserting the 2-sided cards into the registrations.
“Since we have had so many legislative victories it seems PennDot is finally giving us the respect we deserve,” says Mullendore. “Looks like another positive step for motorcycle safety and awareness.”
In separate legislative action, Mullendore reports the introduction of Pennsylvania House Bill 901by Representative Kerry Benninghoff to amend Title 75 of the Pennsylvania Consolidated Statutes by adding a section 4310 to read – “Auxiliary lighting may be added to a motorcycle to protect the driver, including blue dot illumination, standard bulb running lights and various colors of valve stem caps, light-emitting diode (LED) pods and strips, light wire, neon tubes and strobe lights.”
The newly proposed lighting measure would allow other drivers to see motorcycles moreclearly, says ABATE Lobbyist Charles Umbenhauer. “Visibility’s always been a problem,” Umbenhauer said. “Whenever there’s an accident, the first line of defense is always, ‘I didn’t see him.”
State Rep. Kerry Bennighoff, R-Bellefonte, proposed the measure after some motorcycle enthusiasts in his district asked him about it. He said that motorcycles are now allowed to have front and rear lights only. While he still thinks it’s a good idea to allow for more lighting, heacknowledges that the bill will probably end up altered to prohibit any moving or flashing lights that might prove a distraction. If it ends up passing in a form that simply allows some lighting on the side to better enable drivers to see motorcycles, that will be fine by him. “If it helps to make them more visible at night, why not?” he said.
ARKANSAS PASSES ROW LEGISLATION, RED LIGHT LAW — Arkansas 85th General Assembly successfully passed two key pieces of pro-motorcycle legislation this session.
SB993 introduced by Jim Holt (R – Springdale) entitled “An Act to Levy Additional Penalties for Violations of the Rules of the Road that Involve the Failure to Yield to the Right-of-Way” that adds additional fines and penalties against a person who is guilty of a right-of-way violation causing an accident that results in injury or death.
They also had signed into law legislation authorizing motorcycles to proceed through controlled red lights if they can’t trip the pressure plates, similar to legislation recently passed in Tennessee.
HB2833 introduced by Representative Mark Pate (D) (Bald Knob), will “…Allow the drivers of Motorcycles to Proceed Through an Intersection Controlled by a Traffic-Control Device Under Limited Circumstances”. If a driver of a motorcycle approaches an intersection that is controlled by a traffic-control device, the driver may proceed through the intersection on a red light if the vehicle sensor fails to detect the motorcycle.
“Not since March 12, 1997 when Arkansas bikers amended the helmet law has pro-biker legislation been introduced,” says Ginger Lewis of ABATE of Arkansas and Ride Free Arkansas PAC. “Many thanks to the Ride Free Arkansas PAC for actively soliciting legislators to present the legislation as well as the support of the members of Arkansas Bikers Aiming Towards Education (ABATE) who took action when time came to call on their senators and representatives for support and passage.”
ARIZONA EXEMPTS MOTORCYCLES AND CLASSIC CARS FROM EMISSION TEST– Motorcyclists and old-car fanatics were cheering recently over legislation signed by Arizona Governor Janet Napolitano to exempt motorcycles and collector cars from emissions testing.
The Arizona Republic newspaper reports that the bill allows vehicles 15 years or older to forgo the emissions tests in Maricopa and Pima counties, but only if they carry special collector-car insurance, which has stipulations on annual mileage and use. The bill also exempts motorcycles from testing in Pima County, but not Maricopa County.
House Bill 2357 was based on a recent study by the Arizona Department of Environmental Quality that concluded that such vehicles have “negligible impact” on air quality and would not affect clean-air efforts in the Phoenix and Tucson areas. The bill was approved unanimously in the House and Senate.
The plan now goes to the federal Environmental Protection Agency for final approval.
Motorcycle groups such as ABATE of Arizona, the Modified Motorcycle Association (MMA) of Arizona and the Arizona Confederation of Clubs had joined old-car hobbyists in backing the legislation, hoping to get their vehicles exempted from what they call unfair and unnecessary emissions regulation.
In Pima County, where only 6,200 motorcycles are registered, the study found no problem with exempting them. But the DEQ study found that the 22,000 motorcycles registered in Maricopa County contributed a small but statistically significant amount of pollution to the Valley’s air, and thus the Phoenix area remains one of the only places in the U.S. where motorcycles must pass emission testing.
“This is a big step in the right direction and we’ll go back next session and get motorcycles in Maricopa out also,” said Bobbi Hartmann, a lobbyist for the motorcyclist groups in Arizona.
SUNDAY BIKE SALES OKAY IN MICHIGAN– The Michigan Secretary of State has clarified a murky measure which now allows purchases of motorcycles on Sundays, after dealers complained.
Since the end of January, motorcycle dealers have been keeping sales reps home and cordoning off their showrooms with yellow caution tape, some even refusing to discuss prices with Sunday customers.
The crux of the confusion was a Michigan law dating back to 1953 that was changed to crack down on unlicensed car wholesalers. Public Act 495 has been on the books for more than 50 years and was enforced by the Department of State and county prosecutors. But some dealers found it a bit murky even before the recent rule change. Some motorcycle dealers would complete most of a sale on Sundays, but wouldn’t deliver bikes on that day, just to be safe.
The reason? An update to the state’s Public Act 495 not only continued a longstanding ban on “any attempt to buy, sell trade, or exchange any motor vehicle” on Sunday, but also ratcheted up the punishment, calling for the Secretary of State to strip dealer licenses.
The 2004 changes to the law — which took effect Jan. 31 — seemed pretty black-and-white: no sales on Sunday. But that wasn’t the intent of the law. The Detroit Automotive Dealers Association lobbied for the new restrictions to limit automotive wholesalers, who did not have to be licensed before the changes.
Now, however, the Secretary of State’s office has put motorcycle dealers back in “H.O.G.” heaven on Sundays, posting clarifications to the law on the state Web site after inquiries from The Detroit News. Under a frequently asked questions section on the law, the query, “Can a dealer sell motorcycles on Sunday?” is answered with an unequivocal “Yes. Motorcycles can be sold on Sunday.”
WEIRD NEWS: EXPLOSIVE SITUATION– Heidi Brown was told she could park her new scooter outside the vehicle registration office in London while she waited to get number plates. But to her horror, it was blown up by the army after someone reported that it might be a bomb.
Police in Ipswich confirmed that a moped had been blown up in a controlled explosion after local business people “raised concerns” that it could be a bomb.
“The moped was chained to the perimeter fence outside the building. We weren’t able to identify whose vehicle it was because there were no number plates on it,” said a spokeswoman for Suffolk police. She said the surrounding office buildings were evacuated and three roads were closed off.
The Daily Telegraph newspaper reported the scooter belonged to Brown, a 22-year-old care worker, who said she had been told she could leave it there awaiting inspection.
NCOM CONVENTION SWINGS THROUGH MUSIC CITY– Near-record numbers of motorcyclists rights activists converged on the Sheraton Music City Hotel in Nashville, Tennessee over Mothers’ Day Weekend to learn, share and network for the betterment of biking nationwide.
Approximately 1,200 bikers registered for the 20th annual NCOM Convention, overflowing the host hotel and swelling over into neighboring hotel rooms. Attendees came from virtually every state, and represented most MROs and Confederations of Clubs across the country, crowding meeting rooms and hospitality functions throughout the weekend of May 6-8.
Highlights of the 3-day conference included an appearance by former U.S. Senator Ben Nighthorse Campbell, a long time member of the NCOM Legislative Task Force and a stalwart supporter of bikers’ rights during his tenure in the Senate. South Dakota Representative Jim “Putt” Putnam entertained the crowd as the dinner speaker during the Silver Spoke Awards ceremony on Saturday evening with his homespun humor, and Wisconsin Senator Dave Zien was scheduled to address the Convention but dislocated his shoulder when he slipped while starting his bike in a Wisconsin parking lot while leaving a legislative meeting and was unable to attend?though he was back to work the following day.
The NCOM Legislative Task Force also welcomed Oregon State Senator Gary George as the newest biker-legislator to join the LTF.
This year’s agenda was packed with meetings such as the NCOM Board of Directors Meeting, NCOM Legislative Task Force Meeting, A.I.M. Attorney Conference, Christian Unity Conference, Women In Motorcycling, SMRO Presidents’ Meeting, and the ever-popular Confederation of Clubs General Patch Holders Meeting. Seminars were held on the PATRIOT ACT and pending gang legislation, as well as Insurance “Nuts and Bolts” and a one-on-one with NCOM Legislators.
Slider Gilmore’s always informative and entertaining “Two-Wheel Trauma” seminar taught bikers how to save each others’ lives, followed on late Saturday afternoon by an Anti-Discrimination Skit called Dip Dan Dinkle aptly performed by the High Point Players of CBA/ABATE of North Carolina.
Silver Spoke Award winners honored during the Saturday evening banquet were MEDIA: Randall Wilson for his film “American Biker”; ENTERTAINMENT: Emmy-winning television news commentator “Tattoo Gypsy”; GOVERNMENT: former legislator and current ABATE of Minnesota lobbyist Tom Workman; LEGAL: Georgia A.I.M. Attorney Jerry Abendroth; and special recognition awards were presented to MMA of Arizona lobbyist Roger “Priest” Hurm; Kim Adams of ABATE of Georgia; and ABATE of Florida office manager Elizabeth “Boots” Buchholz. The Ron Roloff Lifetime Achievement Award was given to Dennis “Big D” Watson, a founder of ABATE of New Mexico and longtime NCOM board member.
Many thanks to the Concerned Motorcyclists of Tennessee (CMT/ABATE) and the Tennessee Confederation of Clubs for hosting this twentieth annual gathering of motorcycling activists. Thanks also go out to the Tennessee COC and Soldiers for Jesus M/C for hosting Hospitality Suites during non-meeting times throughout the weekend.
The 2005 NCOM Convention was dedicated to the memory of Jack “Bear” Grider, Indian Larry, Dave Mann and Al “Crash” Cook.
Next year’s NCOM Convention will be hosted by the Kentucky Motorcycle Association (KMA/KBA) and the Confederation of Clubs of Kentucky, May 11-13 at the Executive Inn in Louisville, Kentucky. For more information, contact NCOM at (800) 525-5355.
QUOTABLE QUOTE: “If we desire respect for the law, we must first make the law respectable.”
U.S. Supreme Court Justice Louis Brandeis (1856-1941)
