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. If you’ve been involved in any kind of accident, call us at 1-(800) ON-A-BIKE or visit www.ON-A-BIKE.com.
NCOM COAST TO COAST BIKER NEWS
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists (NCOM)
ILLINOIS MOTORCYCLISTS CAN NOW LEGALLY RUN RED LIGHTS
Motorcyclists in Illinois will no longer be stuck indefinitely at stoplights, as effective January 1st the Land of Lincoln joined eleven other states that allow riders to proceed through malfunctioning red lights.
Sensors that trigger light changes often aren’t sensitive enough to detect motorcycles, which prompted the Illinois legislature to pass HB S860, supported by ABATE of Illinois, which allows motorcycles stopped at a red light to go through the light if it doesn’t turn green after a “reasonable” amount of time.
Illinois Governor Pat Quinn vetoed the bill, claiming it “endangers our motorists” because it allows the motorcyclist to determine how long is “reasonable,” but both the House and Senate voted to override the veto and the original bill became law.
The new law, as now on the books, states: “After stopping, the driver of a motorcycle or bicycle facing a steady red signal which fails to change to a green signal within a reasonable period of time because of a signal malfunction or because the signal has failed to detect the arrival of the motorcycle or bicycle due to the vehicle’s size or weight, shall have the right to proceed subject to the rules applicable after making a stop at a stop sign as required by section 11-1204 of this code.”
The law applies only to municipalities with a population of less than two million, so the city of Chicago is exempted.
Similar so-called “dead red” laws have been enacted in Minnesota (2002), Tennessee (2003), Arkansas (2005), Idaho (2006), Wisconsin (2006), North Carolina (2007), South Carolina (2008), Missouri (2008), Oklahoma (2010), Kansas (2011) and Virginia (2011). In Texas and California, state law requires stoplights to be fitted with sensors that detect motorcycles.
LAS VEGAS CLUBS SUE OVER POLICE HARASSMENT
A group of Nevada motorcycle clubs is suing Metro Police, accusing the Las Vegas police department of violating the constitutional rights of bikers. The Confederation of Clubs and Scoundrels Pub filed the lawsuit Wednesday, January 11, claiming that “The police are interfering with private business and telling private businesses that they cannot allow certain motorcycle clubs inside their private businesses.”
Their attorney says Metro Police officers harassed bikers and threatened to pull liquor licenses at local biker bars, like Scoundrels, based solely on the businesses’ clientele.
The lawsuit includes a letter Metro PD sent to Scoundrels Pub last June that states an event involving the Vagos Motorcycle Club violated Clark County code and could put the pub’s liquor license at risk.
“We’ve not asked for a penny. We don’t want money. We just want to get recognition of the situation and get the Metro Police Department to give us our constitutional rights. That’s all we’re asking for,” said Bandido Motorcycle Club Las Vegas President Rich Novicelli in an interview with CBS-affiliate 8NewsNow. Metro declined to comment.
JUDGE BARS N.H. TOWNS FROM ENACTING STRICTER NOISE LAWS
New Hampshire cities and towns cannot impose limits on motorcycle noise that are stricter than what state law allows, a Rockingham County judge has ruled.
“If each town in New Hampshire had the authority to enact different noise emission ordinances, the state would be subject to a checkerboard pattern of laws,” ruled Superior Court Judge Kenneth McHugh on Dec. 9. “For example, a motorcyclist who complies with the state noise emission limit could be precluded from driving through a town because that town enacted a lower noise emission limit than the state.”
The judge’s decision comes in response to a lawsuit filed by the Seacoast Harley-Davidson dealership, which filed suit against the town of North Hampton, successfully arguing the town did not have legal authority to adopt its own motorcycle noise ordinance.
North Hampton adopted a noise ordinance at a May 2010 Town Meeting, requiring all motorcycles operated in the town to have exhaust noise limited to 80 decibels. State law permits motorcycles to reach 106 dB.
After the ordinance passed, the local police chief refused to enforce the ordinance, describing it as unconstitutional and explaining that law enforcement and the town could face legal action if they enforced a lower noise threshold than state law allows. Similarly, McHugh found the local ordinance to be “in direct conflict” with state law and ruled the town of North Hampton “is hereby prohibited from adopting or enforcing the ordinance.”
In granting the permanent injunction, the judge noted in his decision that the N.H. House of Representatives’ Transportation Committee rejected a bill to enact a law that was similar to the North Hampton ordinance.
McHugh also noted that the town administrator was notified by the federal Environmental Protection Agency that it does not grant cities and towns “any additional authority to control environmental noise beyond that available to them under state and local law.”
House Bill 1442 has since been introduced in an attempt to lower the state’s motorcycle noise limit to the federal standard of 80 dB and would require that any motorcycle brought in for servicing to have EPA-compliant mufflers installed at that time. Similar measures have failed to pass three times in the past four years due to what the bill’s sponsor calls “fierce” opposition from the powerful motorcycle lobby.
LIVE FREE AND RIDE
A New Hampshire legislator wants his state’s “Live Free or Die” slogan emblazoned across motorcycle license plates. While he hasn’t straddled a bike in some years, State Rep. Tim Copeland (R-Stratham) said “it’s a great saying” that shouldn’t be limited to license plates on cars and trucks.
He said the idea was hatched at a convention for lawmakers where candy trays were sold that were made by inmates out of defective license plates. While looking at those candy dishes, Copeland wondered why the quote — from a toast made in 1809 by General John Stark — isn’t celebrated on the backs of motorcycles.
Rep. Copeland said there would be no additional cost to the state and he’s been told there’s nothing logistical to prevent stamping the state slogan onto the smaller motorcycle plates.
Copeland’s bill is with the House Transportation Committee and proposes replacing the word “motorcycle” at the top of all motorcycle plates with the state motto.
SOUTH CAROLINA GOVERNOR PROMISES TO VETO A HELMET LAW
Less than two years after a State Supreme Court ruling barred the city of Myrtle Beach, S.C. from enforcing a mandatory helmet law stricter than the state’s requirement for riders under 21 to wear them, a helmet law for all motorcyclists statewide has been introduced in the South Carolina legislature.
Senate Bill 1046 was read in Senate for the first time Tuesday and has been referred to the transportation committee. South Carolina required all riders to wear helmets from 1967 until 1980 when the legal mandate was limited to young riders. The attempt to change back to a comprehensive helmet law is opposed by groups such ABATE of South Carolina which is challenging the bill saying that they have no problem with helmets, but don’t agree that it’s the government’s responsibility to police personal safety.
Governor Nikki Haley met with biker rights lobbyists recently on the steps of the State House, where she promised them she would veto the bill. Gov. Haley, a member of Lexington County’s ABATE, told bikers at the capitol that the senate has more important matters to focus on. She told them to tell their legislators, “Don’t waste your time,” because even if it does pass, she’ll veto it.
In 2007 the state formed a motorcycle safety task force to look at ways to lower fatalities. That group did not recommend a mandatory helmet law.
Currently, only 20 states require all motorcyclists to wear helmets, 27 only require them for younger or inexperienced riders, while three require no helmet use at all.
FRENCH TO REQUIRE REFLECTIVE RIDING APPAREL
“Ride to be seen, but ride like you’re invisible” is sound advice for all motorcyclists, and wearing bright colored reflective riding gear is one way to be more conspicuous in traffic and avoid getting ran over by distracted and inattentive drivers, but France will soon be enforcing legal measures to ensure that motorcyclists are seen.
French officials apparently take motorcycle visibility so seriously, they’re making it Illegal not to be noticed. According to a new rule in their highway code that takes effect January 1, 2013, riders and passengers aboard any bike bigger than 125cc will each be required to wear at least 150 square centimeters of reflective fabric on their upper bodies — and according to British motorcycle activists Riders Are Voters, France already requires reflective stickers on helmets.
FIRST MOTORCYCLE-ONLY GAS STATION OPENS ABROAD
More motorcycles are sold in Indonesia in a year than exist in the entire United States of America! According to the Indonesian Motorcycle Industry Association (AISI), 7.4 million motorcycles were sold there in 2010, and by comparison there were 7.9 million motorcycles registered in the U.S.
There are significantly more motorcycles than cars operating in this densely-populated region, and of 70.71 million vehicles in Indonesia, 52.43 million are two-wheel machines, which has led to the opening of the world’s first motorcycle-only gas stations.
These “Shell Motor Express” stations are designed exclusively for motorcycles and it was the Indonesian government’s idea to provide “comfort, safety and time-efficiency” for the majority of the country’s commuters.
Shell Indonesia says: “This motorcycle gas station is a pilot project developed in response to the Government’s idea to provide a dedicated refueling service for motorcycles. Shell Motor Express is purposely built to serve motorcycles which are the largest and fastest growing segment in the domestic motor vehicle industry.”
WEIRD NEWS: DIRTY SECRET ABOUT GAS PUMPS
Gas pump handles top a recent study of filthy surfaces, so just when you thought filling up couldn’t hurt any more, medical researchers have announced another reason to avoid touching the gas pump: GERMS!
Gas pump handles turned out to be the filthiest surface that Americans encounter on the way to work, according to a study released on October 25, 2011 by Kimberly-Clark Professional, a unit of personal hygiene giant Kimberly-Clark Corp. A team of hygienists swabbed hundreds of surfaces around six U.S. cities to see what everyday objects are breeding grounds for the worst bacteria and viruses.
The top offenders, following gas pumps, were handles on public mailboxes, escalator rails and ATM buttons. Closely following on the filthiest list were parking meters and kiosks, crosswalk buttons and buttons on vending machines in shopping malls.
“It comes down to the fact that nobody cleans the things that you’re going to touch on a daily basis,” said Dr. Kelly Arehart, program leader of Kimberly-Clark’s Healthy Workplace Project.
MOTORCYCLISTS FINED FOR WEARING DOT-APPROVED HELMETS
In a strange twist, motorcycle riders in Mumbai, India are being hassled by law enforcement for wearing DOT-approved helmets because, in an effort to curb the use of cheap helmets, the police commissioner recently issued an order stating that all motorcyclists must wear helmets with an ISI marking to certify that they are approved by the Bureau of Indian Standards.
So, despite wearing some of the finest helmets in the world, with certifications from the U.S. Department of Transportation which subjects helmets to higher standards of testing, police are issuing tickets to safety-conscious riders for wearing “unapproved helmets”.
In typical bureaucratic fashion, authorities have reportedly forwarded an application for recognizing DOT-certified helmets to the transport department “which is the competent authority to make an appropriate decision.”
QUOTABLE QUOTE: “Politics is the art of looking for trouble, finding it, diagnosing it incorrectly and applying the wrong remedies.”
~ Groucho Marx (1890-1977) American comedian and film star
–Photos and images from the Bob T. collection–
