Bill Bish author and freedom fighter.
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 <
NCOM COAST TO COAST BIKER NEWS
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists
HOUSE APPROVES TRANSPORTATION ACT, INCLUDING MOTORCYCLE SAFETY INITIATIVES The U.S. House of Representatives has voted overwhelmingly to approve a six-year $284 billion transportation funding measure, which includes provisions to expand state rider training programs and other motorcycle safety initiatives. H.R. 3550, the “Transportation Equity Act: A Legacy For Users” (TEA LU), was passed by a vote of 357-56 on April 2, 2004.The U.S. Senate approved a similar measure, S. 1072, the “Safe, Accountable, Flexible, and Efficient Transportation Equity Act” (SAFE-TEA), by a vote of 76-21 on February 12. The Senate version reauthorizes $318 billion over the next six years to fund highway, mass transit and safety programs, but does not include language specifically addressing motorcycle safety concerns.Both bills will now go to a conference committee, comprised of both Senators and Representatives, to iron out discrepancies between the two and submit a final bill to the President for his signature or veto. The White House has proposed an alternative $256 billion transportation package, and President Bush has threatened to veto the legislation if costs exceeded that amount.
WISCONSIN LAW PROTECTS HELMETLESS RIDERS Wisconsin Governor James Doyle signed a bill on Monday, March 15, that will ensure that motorcyclists who choose not to wear helmets do not face reduced awards in personal injury cases if they are involved in accidents.
In ruling on an ATV accident two years ago, the Wisconsin Supreme Court said that a jury could consider a person’s decision not to wear a helmet if they received a head injury in a crash involving a “high speed open air motor vehicle,” and reduce the amount of lawsuit damages paid to that person by up to 100%. Wisconsin only requires helmets be worn by motorcycle riders and passengers under 18 years old. “What we’re saying in Wisconsin is that if you do something that is in compliance with the law, it will not be held against you,” said Governor Doyle in signing Senate Bill 223.
S.223, which effectively nullifies the court’s 2002 decision by dropping the allowable reduction amount to zero%, was authored by ardent motorcyclist Senator Dave Zien at the request of ABATE of Wisconsin. Zien, one of the founders of the bikers’ rights movement in Wisconsin and a longtime member of the National Coalition of Motorcyclists Legislative Task Force (NCOM-LTF), says the new law prevents discrimination against motorcyclists by courts and insurance companies.
Zien maintains that helmets contribute to accidents by reducing head mobility, vision and hearing. Helmet chin straps also can contribute to neck injuries during accidents, he said. “For the motorcycle community, we don’t want to be forced to wear helmets,” Zien told the Lacrosse Tribune.
HELMET WEARING MAY BE A TAXING PROPOSITION Safety or protective helmets will be exempt from Pennsylvania’s state sales tax under legislation sponsored by Representative Allan Egolf (R-Perry and Franklin) and unanimously approved by the House on March 24th.”Many children and adults enjoy activities such as horseback riding, bicycling, roller-blading and motorcycle riding where helmets are either required or recommended for the safety of the participant,” said Egolf, an avid bicyclist. “I believe it is important to encourage the use of safety helmets whether they are mandated or not,” he said. “I believe that eliminating the sales tax on these purchases is an incentive to encourage helmet use.”
“What parent would refuse to buy something they believed would help protect their kids because they didn’t want to pay a few dollars in sales tax?,” queried John Mullendore, ABATE of Pennsylvania’s Legislative Coordinator and a member of the NCOM Board of Directors, adding “It passed 194-0.” Pennsylvania repealed their helmet law for adult motorcyclists last year.
HB-417 will now be considered in the Senate.
BAY STATE RIDERS WIN RIGHT TO LIDLESS PARADES Massachusetts Governor Mitt Romney signed House Bill 206, an act allowing adult motorcyclists the “freedom of choice” to not wear a helmet while riding in a parade. HB 206, sponsored by Representative Demetrius Atsalis, provides an exception to the state’s mandatory helmet law that “No protective head gear be required if a motorcyclist is participating in a properly permitted public parade and is 18 years or older,? explained Paul Cote, Legislative Director for the Massachusetts Motorcycle Association (MMA), adding that “This is the fifth motorcyclists’ bill passed in the last four years!”The new law is scheduled to take effect in 90 days, which lands right before the MMA’s “STORM the State House” lobbying day on Thursday, May 20th. MMA leaders have already begun securing “parade permits” from the cities of Somerville and Boston, so the “STORM” could be one of the first helmet “choice” permitted parades; riding to the State House to thank legislators and lobby for other bills still pending, including Senate Bill 1363 — the full “helmet choice” for all adult riders.
BILL FILED TO RE-ENACT LOUISIANA HELMET LAW A bill that would reverse a law pushed through the Legislature by former Governor Mike “Big Daddy” Foster giving adult motorcycle riders the option of wearing helmets has been filed in the Senate. Senator Joel Chaisson II, D-Destrehan, filed Senate Bill 29, which mandates all motorcycle riders to wear helmets with padding, a visor and a chin strap. That was the law until five years ago when Foster helped persuade lawmakers to allow a choice for riders older than 18 who are covered by at least a $10,000 health insurance policy and furnish proof of insurance to police if stopped. Foster, an avid motorcyclist, has always characterized the law he promoted as one aimed at giving adults a choice of wearing or not wearing a helmet. No state has enacted a helmet law since Maryland in 1996, but six states have repealed their helmet laws since then; Arkansas, Texas, Kentucky, Louisiana, Florida and Pennsylvania, making 31 states that currently allow adult freedom of choice. Let’s not go backwards!
AUSTRALIAN RIDERS MOUNT FRONT PLATE PROTEST The Motorcycle Riders Association (MRA) of Victoria is up in arms over a proposal to require Aussie bikers to affix license plates to the front of their motorcycles so that they can be identified from the front for tolls and for speed cameras.
MRA Victorian president Alex Money said the group is planning a protest to alert the general public as to how much money the government would waste in the move. “We just want the public to know the Victorian government is spending $14 million to introduce motorcycle front number plates,” he explained, noting that speed cameras in New South Wales take photographs from behind.
Tollway operator Transurban has said it would consider introducing motorcycle tolls if bikes could be photographed from the front.
CELEBRITIES IN THE NEWS Daytona Harley-Davidson is crying foul against Los Angeles Lakers basketball star Shaquille O’Neal, claiming he reneged on the purchase of a custom motorcycle. The dealership filed a breach of contract suit recently in circuit court seeking at least $15,000 in damages against the Orlando-area resident. Because the bike was built for someone of the 7-foot-1 Shaq’s size, the Harley dealer claims it is stuck with a motorcycle it can’t sell. The Beach Street-based company claims in its suit that the Lakers star center, who started his NBA career with the Orlando Magic, agreed to pay the company to build him a “custom motorcycle, with the design specifications requested by defendant being that the motorcycle be ‘out there’ and ‘blow everything else away.'” The motorcycle was delivered to O’Neal on Sept. 12, 2003, but he refused to pay for it, the suit claims.
AIMING FOR JUSTICE Justice was finally served to 26 bikers who had been ticketed during a “routine” traffic stop for running a stop sign last October while on their way to the Concerned Bikers Association (CBA) Swap Meet in Charlotte, N.C. All the ticketed bikers were represented by North Carolina Aid to Injured Motorcyclists (A.I.M.) Attorney Robert A. Donat, who’s courtroom strategy was to show that it is common practice for riders to do a “stop and go” when traveling in large groups. The Assistant District Attorney was also informed that no one was going to plead guilty to the charges and that each and every rider desired a trial (there were four different trial dates, as four different officers wrote tickets that day). Furthermore, that this “routine” stop was nothing more than a harassing intelligence operation, and there was evidence that the whole operation was pre-planned, including statements made by one of the ticketing officers, and the fact that a DMV inspector appeared at the scene. Mr. Donat also found an eyewitness passerby who could confirm that there was a person wearing a ski mask at the scene, and that the bikers were videotaped.
The DA finally agreed that this was not worth prosecuting, and every one of the charges was dropped.
Robert Donat (“RAD”) serves as legal counsel for the Concerned Bikers Association and the North Carolina Confederation of Motorcycle Clubs. “The N.C. COC is currently considering its options now that the charges have been dismissed,” said Donat.
WEIRD NEWS OF THE MONTH: SADDAM’S MOTORCYCLE LOOTED The man who swung the first blow when Saddam Hussein’s infamous statue was toppled from the middle of Firdos Square in Baghdad has been arrested for looting the tyrant’s motorcycle from a museum.
Armed with a sledgehammer, Khadom Sharif Hassan — Iraq’s weightlifting champion — started pounding away at the statue last April, to cheers from the jubilant crowd and praise from President George W. Bush, who watched the action unfold on the White House television. “They got it down,” the president said approvingly.
But today the beefy hero is languishing in jail, accused of looting Baghdad’s National Army Museum of one of the former dictator’s most treasured exhibits: the 50-year-old black Norton motorcycle on which the young Saddam claimed he fled to Syria in 1959 after a botched American-sponsored assassination attempt on Iraq’s then prime minister, Gen Abd al-Karim Qasim, who a year earlier had overthrown the British-backed monarchy to seize power. Though the plan failed, it sparked the Ba’ath party’s rise to power.
Mr. Hassan explained that he felt he had a legitimate claim to the bike, which until the looting frenzy had stood on a pedestal in the museum, but was later found in his workshop during a raid by Iraq’s special crimes squad. As the chief motorbike mechanic for Saddam’s elder son Uday, Hassan had spent countless hours lavishing care on the Norton. What’s more, he said, Uday used to cherry-pick the best motorcycles that he imported into Iraq, paying him just a fraction of their value.
Hassan, 50, who is married with three children, said he had looked after more than 100 motorbikes belonging to Uday for 16 years, working on them round the clock. “I would be ordered to tune a bike at 3 a.m. if Uday decided after a night out that he wanted to ride the next day,” he said. “His favorite was a red Honda 750cc bike which he used for jumping because he was tall and strong enough to drive a big bike.”
Uday preferred Japanese models to American Harley-Davidsons, Hassan said, but also liked a BMW that was a present from King Abdullah of Jordan. When Uday was hospitalized from an accident, he ordered scores of his motorbikes to be lined up outside his window so that he could admire them. Officials from the serious crimes squad have described the case against Hassan as “open and shut,” but from the special police headquarters in Baghdad, he denies stealing the bike. “I bought the Norton from a looter,” he said. “I knew he had stolen it, but I had a duty to take it and look after it. I love that bike. Of course, I hate Saddam, but what he did wasn’t the bike’s fault. It is a special thing in Iraq’s history.”
QUOTABLE QUOTE: “How many legs does a dog have if you call the tail a leg? Four. Calling a tail a leg doesn’t make it a leg.”
Abraham Lincoln (1809-1865), 16th President of the United States
CONGRATULATIONS to Skip Gravatt, a former Lone Star activist who is graduating from Regent University in Virginia with a Masters Degree in Public Policy, so that he can carry the fight right into the State House.
“I would encourage others to follow into academia and achieve accreditation that represents the pedigree to carry the fight into the hollowed halls of our legislative bodies and the previously closed doors of academia,” said a newly edified Gravatt. “I assure you I will continue to fight for our personal liberties, and I will always remember my days with Texas ABATE with a smile on my heart.”
Skip adds that, “I will return to Texas and compete for public office at the earliest opportunity.”
Go get ’em, Skip. The only thing better than a biker-friendly legislator is a legislator who IS a biker!
Clayster for Senate–O. K., here goes. I have been a little silent since Fred made theannouncement but I didn’t realize how much paperwork and time was involvedjust to get filed for the campaign. I may be AWOL for a few more days toget this thing going. Had a meeting with S.C. State Republican Party todayto set up how we were going to work this. They said this was one of themost important races in S.C. this year. During this race, you may or may nothear that your and my opinion differ. Hell, my opinion may differ from mypublic stance. but so is the politic beast. My main goal is to get one ofus elected, to get people with the right views of the constitution andlimited government intervention and meddling in our private lives. Someonehere once said win at any cost.
Speaking of contributions, if anyone has any loose change laying aroundand you want to make a contribution hear is the info- checks made out toClay Morris for Senate mail to P.O. Box 1757 Barnwell, s.c. 29812 FYIcontributions in S.C. are limited to $1,000.00 per individual ororganization per campaign cycle. If you decide to financially support mycampaign, make sure you include your full legal name and complete address.Thank you, love ya and this campaign is for us and all my constituents(bikers or not) in my district. Hutto has got to go.
CLAYSTER
Coordinator-ABATE of Barnwell, S.C.
Sons of Liberty Riders
Motorcycle Riders Foundation
“LET MY PEOPLE GO”—MOSES
“DON’T TELL ME ABOUT YOUR CONFIDENCE IN MEN,BUT BIND THEM DOWN WITH THE CHAINS OF THE CONSTITUTION”—THOMAS JEFFERSON
Supreme Court to Decide Mandatory ID Case–U.S. National – APBy GINA HOLLAND, Associated Press Writer.
WASHINGTON – Do you have to tell the police your name? Depending on how theSupreme Court rules, the answer could be the difference between arrest andfreedom.
The justices heard arguments Monday in a first-of-its kind case that askswhether people can be punished for refusing to identify themselves.
The court took up the appeal of a Nevada cattle rancher who was arrestedafter he told a deputy that he had done nothing wrong and didn’t have toreveal his name or show an ID during an encounter on a rural road four yearsago. Larry “Dudley” Hiibel, 59, was prosecuted, based on his silence, andfinds himself at the center of a major privacy rights battle. “I would do itall over again,” Hiibel, dressed in cowboy hat, boots and a bolo tie, saidoutside the court. “That’s one of our fundamental rights as Americancitizens, to remain silent.” The case will clarify police powers in thepost-Sept. 11 era, determining if officials can demand to see identificationwhenever they deem it necessary.
Nevada senior deputy attorney general Conrad Hafen told justices that”identifying yourself is a neutral act” that helps police in theirinvestigations and doesn’t – by itself – incriminate anyone. But if that isallowed, several justices asked, what will be next? A fingerprint? Telephonenumber? E-mail address? What about a national identification card? “Thegovernment could require name tags, color codes,” Hiibel’s lawyer, RobertDolan, told the court. At the heart of the case is an intersection of theFourth Amendment, which protects people from unreasonable searches, and theFifth Amendment right to remain silent.Hiibel claims both of those rights were violated. Justice Antonin Scalia(news – web sites), however, expressed doubts. Hesaid officers faced with suspicious people need authority to get the facts.
Good news from Maryland–Maryland’s helmet law (SB 611) passed the Senate 27 to 20!http://www.abate-of-maryland.org/
Everyone did such a good job that at least two MD Senators email boxes werenon-deliverable yesterday due to “mailbox full!”
Their bill now goes to the House Environmental Matters Committee.Please email the committee and ask for support for SB 611 – more info,sample letter and quick email links found here:http://abatepa.org/abate/legislation/sample/Maryland_SB611.htm
Jayne
abatepa.org
California Needs Help to Defeat Apehangers Law–Help Modify Motorcycle Handlebar Height Limitations in California.If you have received a citation for C.V.C. 27801(b), handlebar height, youare asked to share your story with Jean Hughes at (707) 446-9432,immediately.
Assembly Bill, AB 2844, authored by 77th District Assemblyman Jay La Suerwould remove motorcycle handlebar height language from section 27801(b) ofthe California Vehicle Code. That’s a GOOD thing! The current standard isgrips at shoulder height or below.
AB 2844 is scheduled to be heard in committee on April 19, 2004. We need asmany letters, phone calls and faxes as possible to the California AssemblyTransportation Committee. If you’re a tourist, let them know how much moneyyou’d spend to help boost our troubled economy during a visit.
Please ask committee members in a polite and respectful manner,”Please vote “YES” on AB 2844.”
Assembly Transportation Committee Members
Committee Phone: (916) 319-2093
~Richard “Splatt” Hall
Splatt’s Motorcycle Citation Database for California www.bikernation.usel Presidente ABATE Local 36 of Palm Springs www.abate.usState Board Member ABATE of California for 2004 www.abate.orgABATE, AMA, HOG, MMA, MRF, NCOM, SOLRW, KOA, Muffler Man World Tour
Latest on Tama Accident…RIGHT-OF-WAY-LAWS NEEDED–Some of you have “seen” me speak about the Tama Tragedy in person…
The following ran in today’s (April 11, 2004) Des Moines Register – thelargest newspaper in Iowa. “$11.60 a piece. That’s what our lives are worth.”
Tama County crash, trial leave bikers sad, seething.
By KEN FUSON
Register Staff Writer
Everyday, the 57-year-old Ames man returns in his mind to that clear, sunnyJune day two years ago, when he embarked on a motorcycle trip with fivefriends and returned home alone.
In little more than the time it takes to pop a plastic bag, three of hisfriends were killed and two others critically injured when a van crossedthe center line on U.S. Highway 30, about six miles northwest of BellePlaine.
In January, a Tama County jury acquitted the van’s driver, Gary LeeButler, 49, of three counts of vehicular homicide. A judge then finedthe Des Moines man a total of $70 for two other violations, crossing thecenter line and failure to maintain control of his vehicle.
“For the six of us it comes out to about $11.60 apiece,” Wierson said.”That’s what our lives were worth.”
Butler’s attorney, Keith Rigg of Des Moines, said he understood thefrustration of Wierson and other motorcyclists, but he said the juryruled correctly.
“The facts are that it was just a tragic, tragic accident,” he said.
Tama County Attorney Brent Heeren has appealed the judge’s ruling,saying Butler could have been sentenced to 60 days in jail and fined$1,000. The Iowa Supreme Court last month agreed to review the decision.That will not change the jury’s verdict.
In the meantime, the case has outraged motorcycle enthusiasts across thecountry, who say it’s another example of a motorist being treatedleniently after causing the death of a motorcyclist.
“We need to do something to make motorcyclists start to matter,” Wiersonsaid. “Because people ride a motorcycle, the perception is that youdeserve what you get.”
Groups that have been known primarily in the past for advocating againstmandatory helmet laws now wonder if they need legislative help toprotect them from other drivers.
People get the same penalty for running over a motorcyclist as they dofor running a stop sign, said Steve Rector of Marshalltown, statecoordinator of ABATE (A Brotherhood Aimed Toward Education) of Iowa,which has as many as 8,000 members.
“That is wrong,” he said.
The Iowa verdict came in the same month that former U.S. Rep. BillJanklow of South Dakota received a 100-day jail sentence after speedingthrough a stop sign and hitting a motorcyclist, killing the biker.Janklow had a history of speeding and could have received an 11-yearprison term.
Citing the Iowa and South Dakota cases, among several others, the250,000-member American Motorcyclist Association recently announced its”Justice for All” initiative. The group will seek stiffer penalties fortraffic offenses or criminal acts that kill or injure other motorists,including motorcycle riders. The proposal did not come up in the IowaLegislature this year.
“We certainly understand the frustration” among riders, “but what we’readvocating is not symbolic,” said Tom Lindsay, the group’s spokesman.”It’s actually positive, constructive action that will benefitmotorcyclists in the future.”
In 2002, the latest year for which national statistics are available,3,244 motorcyclists were killed, including 41 in Iowa. By comparison,Iowa recorded 16 motorcyclist deaths in 1996, a record low.
Those stark 2002 statistics include some of Wayne Wierson’s best friends.
A review of what happened on that June morning two years ago illustrateswhy motorcyclists are so frustrated with the legal system and why it maybe difficult to write legislation that resolves their concerns.
“I can’t do anything about the lawyers or the courts, but what I can dois hopefully make those drivers see us and hopefully make motorcyclistssafer,” Wierson said.
At each talk, Wierson invites six driver’s education students to thefront of the room, as he did recently in Clive, and places them in thesame staggered formation that he and his motorcycling friends wereriding in.
Then Archer pops the bag.
“I don’t want anybody to go through what I went through that day inJune,” Wierson told the students.
Wierson still rides a motorcycle, but he sold his Suzuki and bought aHarley-Davidson, in honor of his neighbor and the other friends.
“It gets lonely on Saturdays, I’ve got to tell you,” he said. “Reallylonely.”
