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
COAST TO COAST BIKER NEWS
Compiled and Edited by BILL BISH,
National Coalition of Motorcyclists
HEALTH INSURANCE BILL INTRODUCED IN CONGRESS When motorcyclists worked together to pass legislation through Congress to ensure health insurance availability for motorcycle riders a few years ago, those efforts were eventually negated when the Clinton administration ruled that the federal government cannot dictate insurance coverages to state insurers. But now, U.S. Senators Russ Feingold (D-WI) and Susan Collins (R-ME) have introduced “The Health Care Parity for Legal Transportation and Recreational Activities Act,” to end insurance discrimination by closing the loophole that has allowed insurance carriers to deny benefits to those who are injured while participating in so-called risky activities such as motorcycling, snowmobiling, skiing and horseback riding.
“From riding Harley Davidson motorcycles to visiting the Snowmobile Hall of Fame in St. Germain, these activities are part of Wisconsin’s heritage and economy,” Feingold said. “It simply doesn’t make sense to exclude those participating in these activities from health care benefits.”
This legislation, introduced February 14, aims to promote health care parity for participants in legal transportation and recreational activities, and addresses a loophole caused by a Department of Health and Human Services rule that prohibits employers from denying health care coverage to motorcyclists and others who participate in what is deemed a risky activity, but yet allows insurers to deny benefits to insureds if they are injured while participating in those activities.
“Because of this loophole, someone who participates in motorcycling, snowmobiling, running or walking could be denied health care coverage, while someone who is injured while drinking and driving a car would be protected,” Feingold said. “It is time that Congress corrected this so that those who are abiding by the law are not denied coverage.”
The language of the bill specifically states that “a plan or issuer may not deny benefits otherwise provided for the treatment of any injury solely because such injury resulted from participation of the participant or beneficiary in an activity such as motorcycling, snowmobiling, all-terrain vehicle riding, horseback riding, skiing or other similar legal activity.”
We did it before, and we can do it again, so sharpen those pencils and urge your federal legislators to support the Feingold-Collins bill to stop insurance discrimination against motorcyclists, once and for all.
Are we looking at a future mandate? Remember, new automobiles now come factory-equipped with airbags, despite a dubious safety record. So watch out for the “If it’ll save just one life,” crowd.
NM SENATOR BOWS TO PRESSURE, WITHDRAWS “ORGAN DONOR” BILL Within days of the news that New Mexico Senator Allen Hurt had proposed a law requiring motorcyclists to become organ donors, the Senator withdrew the bill under intense pressure from the motorcycling community.
“You win … I’m pulling New Mexico SB 239,” said Senator Hurt.
Senate Bill 239, would have mandated the harvesting of organs from any motorcyclist who was killed in an accident while not wearing a helmet. Specifically, SB 239 stated: “a person operating a motorcycle without a helmet and who, as the result of an accident, is pronounced brain dead pursuant to Section 12-2-4 NMSA 1978 by a licensed physician shall become an organ donor regardless of whether the person made an anatomical gift by completing the organ donor statement.”
“No matter how you view organ donations, this outrageous bill not only violates our individual civil liberties but is also transparently discriminatory against motorcyclists,” said Richard Lester, founder of Aid to Injured Motorcyclists (AIM) and the National Coalition of Motorcyclists (NCOM). “It’s no wonder that this issue invoked the ire of bikers to the point of generating thousands of e-mails, letters and phone calls. But it demonstrates how effective we can be when we’ve got all our oars in the water and we’re all rowing in the same direction.”
NEW YORK CITY CONSIDERS LIMITS ON NOISE AND “DAREDEVIL RIDING” Two New York City council members and the city’s public advocate have proposed limits on motorcycle noise and daredevil riding, allowing the city to impound motorcycles and levy hefty fines or jail terms for repeat offenders.
Sponsored by Councilman Bill de Blasio, the legislation focuses on motorcycles like a “Pop-a-Wheelie Kawasaki, which encourages riding on one wheel, and excessively loud Harley-Davidsons,” like one on display with straight pipes that “could wake Mayor La Guardia,” Mr. De Blasio told the New York Times.
MASSACHUSETTS MAY BAN CHILDREN FROM RIDING ON MOTORCYCLES Massachusetts Senator Richard T. Moore has sponsored legislation on behalf of a constituent, Paulette Zazza, which should be of great concern of all riders. Senate No. 1351, entitled “Petition To Improve Safety For Passengers Of Motorcycles,” would prohibit any persons 16 years old and younger from riding as a passenger on a motorcycle on all Massachusetts roads.
There are already laws on the books that state that a passenger must sit on a seat, and his or her feet have to reach the footrests comfortably; but this proposed legislation puts an age definition that the Massachusetts Motorcycle Association (MMA) is opposed to.
This would have serious implications for the motorcycling families within Massachusetts as well as those traveling through the state, according to the MMA. “Those of us who’s motorcycles have always been the focal point of our families transportation and recreation would see our family’s activities severely disrupted. For the out-of-state touring riders bringing their children on vacation would mean having to avoid Massachusetts completely,” said an MMA spokesperson.
Concerned Massachusetts motorcyclists should contact their state legislators immediately and let them know how such legislation can affect you, and ask them to protect the American Motorcycling Family by opposing Senate No. 1351.
“COLORS” LAWSUIT GOES TO FEDERAL COURT A case currently pending in the 9th District U.S. Circuit Court of Appeals in San Francisco could soon decide if the Gilroy Garlic Festival’s policy restricting “gang colors” is constitutional. The debate revolves around an incident that took place at the 2000 Gilroy Garlic Festival when four Top Hatters Motorcycle Club members were removed by Gilroy police officers after refusing to take off their vests.
Immediately following the incident, the club filed a lawsuit against the Gilroy Garlic Festival and the City of Gilroy claiming the policy was a violation of their freedom of association and speech.
“The plaintiffs are not seeking any money in the lawsuit, only a change in policy and lawyers’ fees,” said Randolph Hammock, the plaintiffs’ Los Angeles-based attorney with the Law Offices of Richard M. Lester. “We applaud the festival’s efforts to stop gangs, but a motorcycle club is fundamentally different than a gang — it’s a fraternal organization, a social and fraternal club — the same as the Masons or Lions Club. My clients feel they should have the right to wear their club’s jackets in public.”
But the Gilroy Garlic Festival Association disagrees and maintains its policy is not intended to deny freedom of speech but protect its patrons. “As of this point, we are not discussing a change in policy,” said Richard Nicholls, executive director of the Garlic Festival. “We want to provide our customers with a safe and non-intimidating, family atmosphere. We’ve had good compliance with our policy so far, so I don’t see why it needs to change.”
Hammock said one of the fundamental problems with the policy is that it was not available in writing to his clients before the incident. “I was surprised to discover that the Garlic Festival had no written dress code that warned my clients before the incident,” Hammock said. “Now they have one referring to gangs, but they’ve refused to give it to us to review. Why would they want to keep this a secret?”
Similar suits to the Top Hatters’ lawsuit have been filed against the California State Fair and the Morgan Hill Mushroom Festival, with varying outcomes, Hammock said.
WASHINGTON MAY POST WARNINGS FOR MOTORCYCLISTS Senate Highways and Transportation Committee Chairman Jim Horn has introduced a bill that requires signs to be posted alerting motorcyclists of hazards caused by construction work. Under Senate Bill 5457, if any construction, repair or maintenance work presents a special hazard to motorcycles, the work location must be posted with signs warning motorcyclists of the hazard.
The proposal calls for Department of Transportation to create a uniform sign for this purpose, and it must include at least the following language: “Motorcycles Use Extreme Caution.”
“For motorcyclists, it can be very dangerous to ride along a road or highway and suddenly come across a work site that has loose gravel, a grade separation or an abrupt edge,” said Horn, R-Mercer Island. “These types of hazards provide minimal risk to cars but can often be fatal for motorcyclists. This bill gives motorcyclists some advance notice that these types of conditions exist within the work site.”
The bill was referred to the Senate Highways and Transportation Committee, where AIM Attorney Marty Fox testified in support of the measure.
“I started the wheels turning last year because of the number of construction accidents that I was seeing where riders were going down at night while transversing between recently scraped lanes and newly paved lanes side by side,” said Fox, further explaining that “Usually, there is an abrupt lane edge between the two surfaces in the middle of a road that the rider is not aware of in the dark, and at a shallow angle at highway speeds the result can be deadly.”
Fox testified in part that, “In lawsuits representing motorcyclists I discovered that the our state transportation department does not have any rules or signs to warn a motorcycle of this type of condition or any pavement disruption that a motorcyclist needs to know about in advance to avoid the hazard. In fact, I learned that some contractors who were using ‘Motorcyclists Use Extreme Caution’ signs were advised by government inspectors on jobs to remove the signs because they were not approved.”
“I think everyone will agree that motorcyclists pay more attention to signs than any other drivers on the road, and if they are given enough advance warning of potentially dangerous roadway conditions they will pay attention and avoid them and potential accidents. A simple reusable sign that costs less than $50 can save lives and property,” argued Fox in favor of the proposal.
Fox says he began working on the construction signage with Karen Bolin of the Washington Road Riders Association when she was his AIM Chief of Staff and NCOM Rep. “Last year we tried to get the Washington DOT to use signs warning motorcyclists of highway problems in advance. They listened but did not do anything. This year we went to the legislature and have received overwhelming support from both parties.”
PENNSYLVANIA PUSHES PRO-MOTORCYCLE LEGISLATION Moving quickly on the momentum of last year’s victories (removing handle the bar height restriction, increased funding for the Motorcycle Safety Program, allowing for more than one bike in a metered space, and reduced turnpike tolls for bikes), ABATE of Pennsylvania has introduced a helmet law modification bill with 19 co-sponsors.
“That’s much more support than previous years when we had about four co-sponsors,” said John Mullendore, ABATE Legislative Coordinator. “Senator Wozniak wants to pass this in the first 100 days of session. It looks like riding lidless will be legal in Pennsylvania this year if our members keep the pressure on. We gained four to five yes votes in the election and that was all that was holding us up before.”
ABATE also reintroduced a bill to create a Veteran’s license plate for bikes, and a bill to increase penalties for right-of-way violations. A bill to include motorcycles in the state’s Lemon Law was also introduced.
WEIRD NEWS OF THE MONTH: AIR BAGS NOW AVAILABLE During an airing on cable’s Speed Vision of “On Any Sunday Revisited,” a look back at the classic motorcycle racing movie, a commercial came on featuring Evel Kneivel. The spot talked about what a great jumper he was, but that he was also a spectacular crasher. Then Evel appears on the screen and says, “If I’d been wearing one these airvests then, I wouldn’t need this cane now,” and goes on to claim that it will save more lives than any other safety device ever invented and marketed to the public.
We’ve all heard of these devices, and knew it would only be a matter of time before they were marketed here in the United States, and they are now available through the Internet at airvest.com, or you can order by phone for $499.95, or $299.95 for kid sizes.
QUOTABLE QUOTES: “First, they ignore you, Then they laugh at you, Then they fight you, Then you win.”~Mahatma Gandhi, Nonviolent Protestor and leader of India’s independence (1869 – 1948)
