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 www.ON-A-BIKE.com.
COAST TO COAST BIKER NEWS
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists (NCOM)
MISSOURI HELMET FREEDOM STILL ON HOLD
Legislation to partially repeal the ?Show Me? state?s 42-year old mandatory helmet law has been sitting on Governor Jay Nixon?s desk since May 29, awaiting his approval or veto. Senate Bill 202, a bill to allow motorcyclists 21 and older to ride without helmets except on the interstate highway system, passed both the House and Senate and will become law in Nixon doesn?t veto the measure.
In addition to the helmet provisions, SB 202 introduced by Senator Kurt Schaefer (R-Columbia) would also prohibit insurance companies from reducing claims from injured motorcycle riders on the grounds that a motorcycle is a hazardous vehicle, even if the rider is fault-free.
Nixon has received about 1,000 e-mails and letters on the motorcycle legislation — more than on any other legislative issue, said a spokesman for the governor?s office. Those urging the governor to sign the legislation outnumbered those urging a veto by about 7-to-1, according to analysis of the messages by The Associated Press.
Mark Chapman, chairman of the Freedom of Road Riders of Missouri, said that motorcyclists should be allowed to decide for themselves when conditions warrant wearing a helmet. “It should be my choice as an adult,” Chapman said. “It’s not like I’m a 10 year old trying to kill myself.”
Those who urged him to sign the bill — some of whom said they regularly wear helmets — mentioned personal freedom and suggested that not requiring helmets could spur tourism.
FORR-MO is appealing to riders nationwide to contact his office and urge Gov. Nixon to sign the bill into law or allow it to automatically become law without his signature. You can call Missouri Governor Jay Nixon at (573) 751-3222, e-mail him through www.governor.mo.gov or write to P.O. Box 720, Jefferson City, MO 65102.
OMAHA POLICE TO ENFORCE HELMET COMPLIANCE
If you?ve ever wondered where some of your state and federal motorcycle safety funds are being spent, the Nebraska Office of Highway Safety has awarded a grant to fund extra police officers on the streets to ensure motorcyclists are compliant with Nebraska state laws regarding motorcycle helmets.
The Omaha Police Department received $25,000 in grant funding to begin operations to enforce motorcycle helmet compliance throughout the entire city from May 27 through September 30, 2009.
Nebraska state law specifies that protective helmets that meet the United States Department of Transportation’s Federal Motor Vehicle Safety Standard #218 are required for all operators and passengers of a motorcycle or moped.
Citing safety concerns, officers will be citing operators who are in violation of this law and confiscating their non-compliant helmets.
In the meantime, Vermont State Police are advising motorcyclists that a new state law goes into effect on July 1st requiring that all helmets be DOT approved, similar to a measure enacted recently in North Carolina.
SMOG, OR SMOKE & MIRRORS?
In spite of already having the lowest motorcycle emissions standards in the country, and despite verbal promises from the legislative sponsor in response to key Senate opposition, a bill to enact Smog Checks for motorcycles has passed the California State Senate and may be heard in the Assembly as early as June 29th.
ABATE of California is seeking nationwide assistance to quash this bill once and for all. ?Our out of state brothers and sisters may be our most effective resource in fighting the motorcycle smog bill,? wrote ABATE Executive Director Tim Tennimon in a request to NCOM to help rally opposition to Senate Bill 435. ?SB 435 has been passed to the Assembly as a SMOG CHECK BILL on the verbal promise to amend but has not yet been fulfilled. It would appear that it may go so far as to include all 3 (smog check, noise, and catalytic converter with random pull over inspection thrown in for good measure),? explains Tennimon.
Sponsor of the measure, Santa Monica Senator Fran Pavley, agreed to remove the controversial biennial emissions testing when the bill passed the Senate, but no such action has yet been taken.
ABATE Lobbyist Jim Lombardo reports that ?I personally spoke with the committee staff and they have not been officially notified that SB 435 is to be amended or turned into a 2-year bill, and even if it had, Pavley could ask for it to be reset for a hearing?the stakes are too high to be caught with our pants down: LET?S KILL SB 435 — IT IS STILL A SMOG CHECK BILL!!!?
Therefore, ABATE of CA is asking all out of state motorcyclists to contact the Chairman of the Assembly Transportation Committee, Mike Eng at phone (916) 319-2049, fax 916-319-2149, or e-mail Assemblymember.Eng@asm.ca.gov, and also Governor Arnold Schwarzenegger at phone (916) 445-2841, fax 916-558-3160, or e-mail at gov.ca.gov, and let them know that if you are going to be at risk of being singled out and pulled over for exhaust system inspections when you visit California then you will choose another location to spend your vacation dollars, and urge their NO vote on SB 435.
?Unfortunately many laws of this type start in California and spread to other states,? warns Tennimon, so ?the place to stop it is here and now, then hopefully you won’t have to deal with anything like this in your state.?
AIM ATTORNEY SUES NY POLICE FOR ILLEGAL CHECKPOINTS
Proner & Proner, Attorneys at law, has filed a Federal class action lawsuit in the Federal Court for the Northern District of New York against the New York State Police as well as New York State and county authorities to stop them from conducting motorcycle-only roadblocks near popular motorcycle events.
Last year the New York State Police and county sheriffs stopped every motorcycle en route to twelve different events for “safety checks.” With the riding season starting, the New York State Police expect to conduct up to fifteen motorcycle-only roadblocks throughout the state this year.
One of the events targeted was Americade, the largest motorcycle event in the Northeast. Police set up two checkpoints during the Lake George-based rally in June that netted 84 tickets for unapproved helmets, 19 for modified exhausts and 32 other vehicle and traffic violations.
New York A.I.M. (Aid to Injured Motorcyclists) Attorney Mitchell Proner, an active motorcyclist and personal injury attorney, is initiating the lawsuit on behalf of all motorcyclists. ABATE of New York supports the legal action.
Proner said that the New York State Police “uses the pretense of safety inspections to delay and harass motorcyclists without any reasonable belief that any laws are being broken.” Although courts have upheld DWI checkpoints as generally permissible, “These motorcycle roadblock stops are lengthy and do not address any legitimate safety concerns,” according to Proner.
MYRTLE BEACH HELMET LAW LAWSUIT UPDATE
Following is an update from Matt Danielson of Tom McGrath?s Motorcycle Law Group regarding the lawsuit filed against the helmet law enacted by the city council of Myrtle Beach, SC.
?Forty-nine of the motorcyclists who took part in the Myrtle Beach Freedom Ride and who were ticketed for violations have had their cases stayed yesterday. A.I.M. Attorney Tom McGrath filed motions to have the cases dismissed due to lack of jurisdiction. The original city ordinance mandated that the violations, which are civil in nature, be heard by a special tribunal created by the city. However, since that time the tribunals have been found to be unconstitutional (or at least suggested to be by the Chief Justice of the Supreme Court of South Carolina). The city moved the cases to municipal court. However, the State Code of South Carolina specifically states that the municipal courts do not have jurisdiction over civil matters. Since the city served the 49 defendants via mail after the Chief Justice’s ruling, they were forced to admit that the infractions were civil in nature since you can’t serve a criminal complaint by mail. That put the City of Myrtle Beach in a box since State Code says the municipal courts do not have jurisdiction over civil matters. The court decided to stay the trials of these matters while deciding how to rule. The court has stated that none of the defendants need to appear on the scheduled dates. We expect a ruling soon. In the meantime, motions have been filed in the South Carolina Supreme Court to declare the ordinances void. More information will be forthcoming as it is made available.?
PENNSYLVANIA SENATOR WANTS TO GIVE YOU $4,500 TO BUY A NEW MOTORCYCLE
U.S. Senator Bob Casey (D-PA), a longtime advocate for the Harley-Davidson Motor Co., has introduced legislation that would provide up to $4,500 for motorcycle buyers who trade in an older, gas guzzling car or truck.
Harley has its largest assembly plant in York, Pa., where it employs more than 2,000 people. Recently, the company said it might close its York operations due to the downturn in the economy and falling motorcycle sales.
Senator Casey wants his proposal attached to the “cash for clunkers” mpg higher than the old vehicle. mpg. The voucher would be worth $4,500 if the gas mileage of the new car is at least 10 miles per gallon, and the new vehicle must get at least 22 billion. To be eligible, a trade-in car must get less than 18 bill passed recently in the U.S. House of Representatives. It authorizes the program for one year, for a total cost of $4
Casey said his legislation would help spur economic recovery and protect manufacturing jobs in Pennsylvania, Wisconsin and other states where motorcycles and bike parts are manufactured and assembled.
New motorcycle sales in the United States fell 8% in 2007 and 10% in 2008.
The proposal “is positive from our perspective,” said Harley spokeswoman Rebecca Bortner, adding that swapping an old car for a bike would be an easy upgrade in fuel efficiency.
BILL MAY BAN BIKER BARS
Revving up for a fight, motorcycle clubs in Virginia say they are being unfairly targeted by the state?s ABC Board for what they wear. Motorcyclists who recently rallied at a Richmond Public Safety meeting say they are trying to appeal to Richmond City Council members to repeal a new State law.
Alcohol Beverage Control; a bill saying that bars and restaurants could be stripped of their liquor license by allowing groups into their establishments who wear certain gang affiliations or colors. Although aimed at criminal street gangs, motorcyclists say they are victims of this new law and that their First Amendment rights are being violated.
BIKERNET.COM CREATES WORKING GROUP FOR MOTORCYCLE RIGHTS
Longtime bikers rights activist Keith R. Ball and the staff of Bikernet.com are working with the motorcycle aftermarket to provide a direct link between legislative efforts, motorcycle rights groups, and the custom motorcycle aftermarket industry.
“It’s been a goal of mine for 15 years to get the business side to help our freedom fighters,” said Ball. If successful, Keith hopes to encourage SEMA (the Specialty Equipment Market Association), the largest hot rod aftermarket organization in the United States, to work with us to deliver additional resources to the motorcycle rights community, since we all face similar battles.
“The Motorcycle Aftermarket Working Group is made up of many leaders and business owners, but we want to reach out directly to state motorcycle rights groups for their input,” said Ball, adding that they are already working closely with the National Coalition of Motorcyclists (NCOM) and the Motorcycle Riders Foundation (MRF). “What can we do to help keep motorcycling free?” The group is currently working on an agenda, so contact Keith Ball directly with any comments or suggestions at Bandit@Bikernet.com or (310) 830-0630.
FEDS QUESTION BIKERS
The Federal Highway Administration?s Motorcyclist Advisory Council is asking riders across the country to help state and federal highway administrators and State Motorcycle Safety Administrators (SMSA) to ?better understand and plan for the needs of motorcycle riders.?
Motorcycle riders are requested to complete a Motorcycle Road Issues Survey by logging onto http://tinyurl.com/ovzduo before August 1st and answering online survey questions that are separated into 3 distinct settings typically experienced by the majority of riders: Urban Areas (city/suburban/frequent intersections/pedestrians); Rural Areas (fewer intersections/higher speed); and Limited Access Areas (freeway/highway/toll road/minimal intersections).
QUOTABLE QUOTE: “It is not the function of the government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error.”
–U.S. Supreme Court Justice Robert H. Parker, Chief Prosecutor for the United States of America at the Nuremberg Trials
