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
NCOM CONVENTION TAKES MILWAUKEE BY STORM Neither rain, nor sleet nor gloom of night shall stay the dedicated freedom fighters from their course…Milwaukee, Wisconsin, for the 18th annual NCOM Convention.
Tornadoes, hail and rainstorms marked the route from many parts of the country, but near-record numbers poured in from the four corners of America and most Canadian provinces. Many weary travelers arrived wet and cold, but warm welcomes from fellow conventioneers brought out smiles, hugs and hearty handshakes.
Over a thousand attendees gathered at the Four Points Sheraton for a weekend of learning, networking and camaraderie, hosted by the Wisconsin Federation of Clubs. The weekend began on Thursday, May 8th with the National Coalition of Motorcyclists Board of Directors meeting, with directors from all nine NCOM Regions discussing local and national issues affecting motorcyclists.
Friday morning started off with the Legislative Task Force meeting and the AIM Attorney Conference. After lunch, the congregation was welcomed to Wisconsin by Lt. Governor Barbara Lawton and our own Wisconsin State Senator Dave Zien, a longtime member of the NCOM-LTF.
Seminars included “Motorcycle Safety and Insurance,” “The Fight Against Motorcycle Confiscation,” and “We The People; A Biker’s View of the U.S. Constitution.” Special Meetings were convened for “SMRO Presidents,” “Christian Unity,” “Women in Motorcycling,” “Rainbow Caucus,” and “Brothers of the Third Wheel.”
Following the invocation by Kenneth “Stuntman” Hagan of Solders for Jesus, Florida, NCOM Chairman James “Doc” Reichenbach once again rang a bell for our brothers and sisters lost. This moving ceremony has become a Convention tradition, though as Doc laments, “I hope the day comes when we never have to ring that bell again.”
The Confederation of Clubs General Patch Holder Meeting on Friday evening was one of the best attended to date, and featured representatives of 48 COC’s from throughout the United States and Canada.
The Mock Legislative Session was once again both entertaining and enlightening, and received rave reviews from attendees.
Topping off the weekend’s festivities was the traditional Silver Spoke Awards Banquet, recognizing the achievements and accomplishments of our fellow riders. This year’s Silver Spokes were awarded to: Actor Mickey Jones, Entertainment; Cartoonist Paul Jamoil, Art; Scott Cochran, editor of Dixie Rider, Media; Trevor Dealy, Canadian Harley-Davidson Dealer, Commerce (posthumously); Michael Mandelman, Wisconsin AIM Attorney, Legal; and the Ron Roloff Lifetime Achievement Award was presented to Butch Harbaugh, Chairman of the NCOM Legislative Task Force and freedom fighter from Oregon. Also receiving Special Recognition was Marilyn “Lady” Sickler, co-founder of the Brothers of the Third Wheel and NCOM Board Secretary; and “Little Jimmy” Rouse, Business Manager for the MMA of California and member of the NCOM Board of Directors (posthumously).
After the banquet, Mickey Jones donated a script from the final episode of Home Improvement autographed by the entire cast, which fetched $1,000 during the auction to raise money for the Freedom Fund! He also donated several copies of various movies and short films he has appeared in, including the infamous Breath Savers commercial, which garnered several hundred dollars more to be used for lobbying and advancing bikers’ rights causes. Mickey instantly became the star of the Convention, graciously signing autographs until 2 a.m., and was the last person to leave the banquet room.
As news reports flooded the airwaves with storm warnings and tornado sightings, including two that touched down in Oklahoma City, site of next year’s NCOM Convention, motorcyclists bundled up to protect themselves against Mother Nature’s wrath. But as they left the parking lot, each also took with them the tools to protect against a storm of legislation and regulation that is easier to predict than the weather!
Make plans now to attend next year’s 19th Annual NCOM Convention, May 6-8, 2004, at the Biltmore Hotel in Oklahoma City, OK. For further information, contact NCOM at (800) 525-5355.
NHTSA SEEKS COMMENTS ON MOTORCYCLE SAFETY STUDY The National Highway Traffic Safety Administration (NHTSA) and the federal Department of Transportation (DOT) are seeking public comments regarding the collection of data for a proposed motorcycle safety study.
According to information published in the Federal Register on April 29, 2003 (Volume 68, Number 82), “NHTSA asks for public comment on the following proposed collection of information: Title: Characteristics of Motorcycle Operators. Affected Public: Under this proposed collection, personal interviews will be administered to motorcycle operators from the general public. The survey will be administered by face-to-face interviews conducted at sponsored events, races, and recognized motorcyclist gathering sites throughout the United States. In addition, survey data also will be collected at smaller and more localized events such as motorcycle club meetings and popular riding locations. States currently being considered for inclusion are California, Maryland, Michigan, New York, Texas, Virginia, and Florida.”
The post further states that “NHTSA has a central role in the national effort to reduce motor vehicle-related traffic injuries and deaths. U.S. motorcycle-related deaths dropped consistently from 1980 to 1997, but over the past few years this downward trend reversed and injuries and deaths are increasing. The number of fatalities among motorcycle operators rose from 2,116 in 1997 to 3,181 in 2001. Data from NHTSA’s National Center for Statistics and Analysis indicate that this increase is associated with older riders, use of larger motorcycles, and frequent use of alcohol, especially among older riders.”
Recently, NHTSA jointly sponsored an effort to assess future needs regarding motorcycle safety. Recommendations from the National Agenda for Motorcycle Safety indicated that additional research is needed to determine rider characteristics and factors leading to motorcycle crashes. “This study supports the National Agenda and future efforts to reduce motorcycle injuries and deaths by providing updated information about rider operator characteristics, attitudes, and behaviors. Of particular interest will be comparisons of the training, experience, attitudes, and behaviors of those operators who have been involved in crashes versus those who have not,” states NHTSA.
NHTSA proposes surveying a random sampling of motorcycle operators, and indicates that “The findings from this proposed survey will assist NHTSA in addressing the problem of motorcycle operator safety. NHTSA will use the findings to help focus current programs and activities to achieve the greatest benefit, to develop new programs, to decrease the likelihood of such crashes, and to provide informational support to states, localities, law enforcement agencies, and motorcyclists that will aid them in their efforts to reduce motorcyclist crashes, injuries and fatalities.”
Comments must be received on or before June 30, 2003, and can be submitted to: Docket Management, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590. Please refer to U.S. DOT Docket Number NHTSA-2003-14375.*
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MOTORCYCLE SAFETY AND YOU While NHTSA ponders how to protect us from ourselves, motorcyclists around the country have taken a proactive step toward promoting motorcycle safety and motorist awareness by getting the month of May declared Motorcycle Awareness Month. Virtually every state and major municipality has passed proclamations and resolutions declaring May as the month to “Look Out For Motorcycles.”
In fact, through encouragement by the National Coalition of Motorcyclists, biker vanguard U.S. Senator Ben Nighthorse Campbell of Colorado has announced that he will introduce a measure to declare May as National Motorcycle Awareness Month.
While some states, Massachusetts in particular, are advocating the month of March as Motorcycle Awareness Month due to increased rider fatalities in early Spring, the message is clear that motorcyclists want to promote safety and awareness and decrease accidents and fatalities, no matter what time of the year.
With this in mind, it’s important to keep an eye on rider education funding and take preventive measures to block states from raiding our training funds to balance budgets. Massachusetts is the latest fund under attack, joining Utah and Michigan on the chopping block.
A review of the proposed Massachusetts House Budget shows Section 23, seeks to REPEAL GL c. 10, section 35G, the “Motorcycle Safety Fund.” Further review of the line item budget shows the Motorcycle Safety Fund (Line item 8400-0016) has been transferred to the Registry of Motor Vehicles, in general, (line item 8400-0001), says Paul W. Cote, Legislative Director for the Massachusetts Motorcycle Association (MMA).
Cote also points out that Massachusetts motorcyclists agreed to ‘tax themselves’ an additional $2 of each annual motorcycle registration fee for this dedicated Fund for Motorcycle Safety & Awareness Programs. “The Massachusetts Motorcycle Association is AGAINST the repeal of this dedicated fund, which reduces accidents and injuries,” he says.
On a brighter note, due to intense motorcyclists’ lobbying, the state of Michigan has renewed its rider ed funding and added it back into the state budget. Utah, however, remains unconvinced that their “little safety fund” is worth continuing.
As state legislatures nationwide seek budget compromises, perhaps our battle cry should be changed to: “Look Out For Motorcycle Safety Funds!”
LOUISIANA SENATOR DROPS HELMET BILL It was just four years ago that Pelican State riders won their right to choose regarding headwear, but efforts have been underway in the state legislature to put helmets back on motorcyclists’ heads, or at least on their passengers’ noggins. Four helmet bills went down to defeat this year, including one for passengers only and a Senate proposal that would have required all motorcycle riders to wear helmets which was withdrawn by its sponsor.
According to the Times-Picayune newspaper, “Governor Foster, an avid biker who says riders should be given the choice of wearing the headgear, said he probably would veto any such legislation.”
Four years ago, Foster helped persuade lawmakers to change the law.
“We got it though the Senate two years ago,” said Senator Chaisson upon pulling his bill. “I think we can again, but we can’t get it through the House committee. We’ll try again next year” when there is a new governor in office.
Earlier in the week, the House Committee on Transportation, Highways and Public Works killed a bill that would have allowed motorcycle drivers to remain helmetless but require passengers to wear them, and two separate bills that would have required all motorcycle riders to wear helmets. ABATE of Louisiana, the Louisiana Motorcycle Rights Association (LMRA), ABATE of Northern Louisiana, and the governor’s office led the successful fight against these bills.
“Four for 4 in getting helmet bills canned,” said Steve Howardell, Legislative Director for ABATE of Louisiana, “But remember, our magnanimous governor, who is a rider, will not be overseeing next session, so there will be no threat of a veto hanging over their heads. The safetycrats will be coming after us again, and the bikers of Louisiana need to stand up and be heard as a strong voting block, a united voice, or we have no chance.”
PENNSYLVANIA GOVERNOR SUPPORTS HELMET REFORM Despite threatening weather, more than a thousand bikers showed up at the Capitol in Harrisburg on Monday, May 12 for the annual Motorcyclists Rights Rally sponsored by ABATE of Pennsylvania. Among the speakers was Governor Ed Rendell who presented a proclamation declaring May as Motorcycle Safety and Awareness Month throughout the Commonwealth. Governor Rendell also stated during the rally, “I support Senator Wozniak’s (helmets optional) bill and I will sign the bill.”
“That puts a little momentum on our part,” said Charles Umbenhauer, lobbyist for ABATE of Pennsylvania.
That same day, Wozniak’s helmet modification bill, Senate Bill 259 (PN 265), was re-referred to the Senate Appropriations Committee, and the full Senate will most likely vote on the bill in early June. A secondary scenario would have ABATE amending House Bill 607 (PN 709) by Rep. Kirkland to designate State Route 291 in Delaware County as the Senator Clarence D. Bell Memorial Highway. Senator Bell was an avid supporter of ABATE and annually authored their helmet repeal measure. This bill has already passed the House (197-0) on May 12th, and now awaits consideration by the Senate.
“If we could successfully amend this bill with our helmet modification provision, we believe it would have a good chance of passing for obvious reasons,” explained Umbenhauer. “Then the bill would have to be returned to the House for their concurrence with Senate amendments. That should be a doable thing. Then the bill could be sent to Governor Rendell for his signature. This could all happen in June before the legislature takes their summer recess.”
Other legislation of interest to Pennsylvania motorcyclists includes special motorcycle registration plates for veterans (HB-184/SB-279); automobile lemon law to include motorcycles (SB 216); covering loose loads on trucks (HB 880); and abandoned mine lands for use as ATV trails (HB 330).
TENNESSEE TO ALLOW PULSATING TAIL LIGHTS The city of Memphis is the only place in the state of Tennessee that requires the annual inspection of motorcycles, and “The head of the inspection department has taken a part of the city code to an interesting interpretation,” says Fogman of CMT/ABATE of Tennessee. “Aftermarket manufacturers sell a brake light which pulses rapidly for the first few second when activated, but whenever our erstwhile bureaucrat sees one of these offending lights, he refuses to pass the bike and tells the owner to take it home and remove the illegal light and then come back. His reason? People might confuse the offending light with a fire truck!”
Fogman says, “We tried to reason with him but got nowhere, so CMT/ABATE introduced a bill to clarify that these lights are legal.”
CMT/ABATE’s “brake light bill” has since passed both Houses and been signed by their governor. “When the bill allowing pulsing brake lights becomes law, we are going to present said public servant and defender of a lawful society with his own personal copy of it,” Fogman promises. “Sometimes there is justice in the world.”
MARYLAND PARKING BILL PASSES Motorcyclists in Maryland may be able to legally park two or more bikes per spot after the state legislature overwhelmingly approved House Bill 923 (voting 132-2) and Senate Bill 650 (46-0). The parking bill will prohibit local governments from restricting the number of motorcycles that can legally be parked in a metered parking space.
Current law allows local governments to restrict the number of motorcycles to two. Only some local governments limit motorcycle parking in this manner, but it can cause confusion and hardship for motorcycle riders who are unaware of the restrictions. This law would eliminate confusing and sporadic enforcement practices and make parking regulations for motorcycles uniform throughout the state, according to ABATE of Maryland.
BIKERS LOUD AND CLEAR AGAINST NOISE ORDINANCE Motorcycle enthusiasts packed Town Council chambers in Old Orchard Beach, ME recently to oppose an ordinance proposed to silence loud bikes. “Education, not legislation, is the key to getting along,” Howard Karakhanian of United Bikers of Maine told town officials at the public hearing.
“It’s just not necessary,” one biker, Rick Musial, told the council. “There’s no need for it.”
The ordinance being considered would outlaw loud motorcycles such as those with altered mufflers.
According to the Portland Press Herald, the proposed motorcycle ordinance would prohibit bikers from installing noisy, attention-getting exhaust pipes. The measure also would outlaw “rapid throttle advance and/or revving of an internal combustion engine resulting in increased noise from the engine and exhaust system.” Under the ordinance, a first-time offender would be fined $50. Repeat offenses could bring fines of $500.
The measure, said Police Chief Dana Kelley, “is an effort to stop those who come here and abuse the privilege. This ordinance would enable us to deal with exhaust systems with no mufflers. We’re not looking to target motorcyclists in general.”
Councilor Roxanne Frenette, who said she has a motorcycle, said bikers who don’t alter their machines won’t have any problem. Motel owners are among those who favor cutting down on motorcycle noise, which Kelley said is the No. 1 complaint he gets during the summer. Norm Marquis and Marc Bourassa, who run motels, said motorcycle noise bothers their customers. “Not a day goes by when someone doesn’t ask me, ‘Why is that allowed?’ ” Bourassa said.
Councilors are scheduled to vote on the proposed motorcycle ordinance later this month.
WEIRD NEWS OF THE MONTH: JESUS IN TROUBLE FOR NOT WEARING A HELMET A man riding a motorcycle while dressed as Jesus to celebrate Easter in Colombia was almost fined for not wearing a helmet. The man was acting out bible passages near the church of Maria Goretti in the streets of Las Delicias neighborhood in Cartagena.
Parish priest Aristobulo Duque told El Tiempo newspaper that Jesus was supposed to be on a donkey but it had been stolen during the night so he decided to use a motorcycle instead. The police officer who tried to fine him said: “You can be Jesus but you are on a motorcycle and are not wearing a helmet. I feel bad but I have to fine you.”
Witnesses say when the policeman tried to fine ‘Jesus’ the crowd started to boo and the priest convinced him not to do it. The priest said: “Can’t you see he is Jesus? And in Jesus? times there were no helmets how could he wear one?” The policeman agreed and ‘Jesus’ was not fined.
QUOTABLE QUOTE: “I am afraid that the current helmet law, as written now, is almost totally unenforceable. I requested an Attorney General’s Opinion on the matter and the answer we received has led the Commanders of the Highway Patrol to the conclusion that unless a rider has a cooking pot on their head each individual officer will have to be able to articulate that he/she was able to determine from a distance that the helmet did not meet the standards set by USDOT. Our law relates to what manufacturers have to do. The Highway Patrol is not against, or for helmets, as we are not the policy makers, however the law must be clear so that we can fairly and evenly enforce it.”
David S. Hosmer, Colonel
Nevada DPS, Highway Patrol Division
* Following came from a Bikernet Reader. His statistics demonstrate that accident rates are not up. Check it out. It’s Bikernets contention that the NHSTA should study the number of motorcycle accidents caused by motorists and act on that aspect.
BIKERNET ACCIDENT REPORT CORRECTIONS–Damit Bandit, you published NHTSA’s lie in Thursdays news again. Assoon as they get the whole world convinced that “TRAFFIC SAFETYOFFICIALS SEE SHARP RISE IN MOTORCYCLE FATALITIES” they will startdumping a bunch of “safety” laws on our asses. If you’re going topublish it can’t you at least set the record straight? They are using bogus data for “vehicle miles traveled (VMT)” to come up with thislie.
How can we have over a million more motorcycles on the road in2001 thSn we did in 1998 and travel a billion fewer miles? NHTSA saysthe average rider traveled 1,943 miles in 2001. Our recent Internetsurvey showed that only 7% of motorcyclist traveled under 2,500 milesand 74% travel more than 5000 miles per year. 26% said they travelmore that 10,000 miles per year.
There is not any increase inmotorcycle fatalities, it’s another NHTSA lie! The total number ofinjuries have actually lowered. The percentage of injured that die hasremained the same. The number of fatalities track with the number ofregistered motorcycles with a consistently widening gap since 1986. Iwill again attach the charts I compiled from NHTSA’s Traffic SafetyFacts Report dated December 2002.
FTW,
–Stroker
