June 17, 2003
By Bandit |
COAST TO COAST BIKER NEWS
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists
old shot from Bob T.
MOTORCYCLISTS FLEX LOBBYING MUSCLE Michael Kerr’s reflection in the chrome-plated rearview mirror of his Harley-Davidson Electra Glide reveals a modern-day Easy Rider. Bearded and long-haired, the 52-year-old Chicagoan favors jeans or black leather when he straddles his hog, but he’s just as comfortable slipping into a suit and tie to press the flesh with politicians.
“I would debate the president of the United States on motorcycle rights,” Kerr recently told Rex W. Huppke, a staff reporter for the Chicago Tribune. Kerr has ridden motorcycles for 35 years and is head of an Illinois motorcycle group’s political action committee. “We’ve become far more politically astute. People understand that if we don’t stay aware, we could lose our rights.”
“Some scowl at motorcyclists, calling them reckless, risky and noisy,” states Huppke in his May 27 article, “But as summer days beckon bikers to city streets and country roads, riders like Kerr ignore the criticism, ease out the clutch and roll off smiling, knowing their numbers are growing right along with their political muscle.” He goes on to write, in part?
A full-throttle charge by motorcycle activists has weakened helmet laws in 30 states, five since 1997. That’s good news for riders who believe mandatory helmet use violates their personal liberty, but it’s a disturbing trend for safety experts who point to a soaring increase in motorcycle fatalities.
Quick to say they don’t oppose helmets, just helmet laws, activists have seen their clout with lawmakers grow steadily in recent years. Along with tackling the helmet issue, groups in Illinois and across the country have proved skilled at beating other legislation — from emissions standards to rules on handlebar heights — that motorcyclists believe impedes their right to “ride free.”
Based on their success with lawmakers, it’s clear bikers are quick learners.
In the mid-1970s, all but three states–Illinois, California and Utah–required every motorcyclist to wear a helmet. But thanks to groups like ABATE, 27 states have amended their helmet laws so that only young people — normally 21 or younger — are required to wear them. Another 20 states and the District of Columbia still have laws covering all riders, and three states — Illinois, Colorado and Iowa — have no helmet law at all.
Kerr says lawmakers in California, Pennsylvania and Michigan are edging closer to weakening their rules on helmet laws, and other states are also on the bubble.
That’s in large part because advocates such as Kerr — bikers like to call them “legislative warriors” — are busy on the front lines.
While Kerr monitors political movements across the country and occasionally travels to Washington to lobby politicians, other ABATE members operate phone banks and put up election signs during campaigns, supporting politicians who agree to work with motorcyclists.
James “Doc” Reichenbach is a motorcycle activist who in 2000, with the help of 400,000 registered bikers, got Florida’s law changed so that only riders 21 and younger have to don helmets. There is a reason the pendulum has swung in favor of bikers rights, he said.
“We have seminars. We exchange ideas. We work with legislatures,” he said recently at a national motorcyclists’ convention in Milwaukee that drew more than 1,000 bikers. “Politics is really just a game. Well, we learned the game, and now we make the rules.”
Reichenbach is the President of ABATE of Florida, Inc., and serves as Chairman of the Board for the National Coalition of Motorcyclists. NCOM held it?s 18th annual Convention, May 8-10, at the Four Points Sheraton in Milwaukee, Wisconsin.
So why do so many motorcyclists prefer not to wear “brain buckets,” while straddling 150-horsepower bikes that can go from zero to 60 m.p.h. in a matter of seconds?
“Individual liberty is the No. 1 issue here,” said H.W. “Sputnik” Strain, 63, a fiery, mohawked activist from Texas who is considered by many to be the Patrick Henry of bikers. “When the legislature tells you to wear a helmet, then they’re telling you that you don’t have the ability to think and reason.”
Strain, who lobbied relentlessly and beat Texas’ helmet law into submission, has never worn a helmet, not even in states that require them. He said he has received plenty of tickets, refuses to pay them and has warrants out for his arrest.
That might sound hard-boiled, but the hundreds of leather-clad, bearded, tattooed, coarse-talking bikers who gathered in Milwaukee — many of them lawyers and university professors — agreed with Strain, who is a respected member of their NCOM Legislative Task Force.
As far as the risk, Jill McDugald of Charleston, S.C., said there are risks in everything. A classically trained pianist, she said she developed carpal tunnel syndrome from countless hours of playing.
“It was my choice to play the piano,” she said, “and it’s my choice to ride a motorcycle.”
Gene Shafer, a biker and emergency-room doctor from Girard, Ill., shares McDugald’s feelings. He says it’s worth any risk to ride without a helmet. “Do I not put an IV into the arm of a person who’s HIV-positive, just because I’m afraid I might get HIV?” he said. “No. That’s my job, it’s my duty. There are risks in all aspects of life.” Shafer is also a member of NCOM?s Legislative Task Force, which boasts numerous legislators as members, including U.S. Senator Ben Nighthorse Campbell of Colorado, Wisconsin State Senator Dave Zien and South Dakota State Senator Jim ?Putt? Putnam.
Kerr, who is a maintenance mechanic for Snap-On Tools in Crystal Lake, IL, is happy to admit it’s a good time to be a biker. But he’s familiar enough with the changing winds of politics to know a motorcyclist can’t just sit back and enjoy the ride.
“It brings a smile to my face to know that we have the attention and respect of some very important people in the country,” Kerr said. “But while we’re doing great, I know there’s a downside to the curve. And there’s just no way we can rest on our laurels.”
RAVE ACT MAY THREATEN BIKER EVENTS Don’t say we didn’t warn you. Just two months after the RAVE Act was passed by Congress, it has been used by the federal Drug Enforcement Administration (DEA) to intimidate the owners of a Billings, Montana, venue into canceling an event to raise funds to reform marijuana laws.
On the day the fundraiser was set to take place, on May 30, 2003, a Billings-based DEA agent presented the venue owners with a copy of the RAVE Act and warning them that they could face a fine of $250,000 if illicit drugs were found in the premises.
Rather than risk the possibility of enormous fines, the venue decided to cancel the event.
“This blatant intimidation by the DEA was obviously designed to shut down the marijuana reform fundraiser,” stated the Drug Policy Alliance, who has waged a national campaign to stop the RAVE Act because it feared just such abuses to shut down political events. “Unless the American people speak out against this attack on free speech, the DEA will be emboldened to use the law against other events they do not like, such as all-night dance parties, hip hop concerts, hemp festivals, and circuit parties.” Or biker events?
Sponsored by Senator Joseph Biden (D-DE), the RAVE Act (also known as the Illicit Drug Anti-Proliferation Act) was first introduced last year, but proved so controversial that two of its original co-sponsors withdrew their support because they feared it would send innocent business owners to jail. Business owners collected over 20,000 signatures in opposition to the bill. Protests against it were held around the country and tens of thousands of voters urged their elected officials to oppose it. Controversy over the bill stalled it last year, but Senator Biden attached it to the popular “Amber Alert” bill without public debate or a vote of Congress earlier this year, and snuck it into law.
The RAVE Act expands federal law to make it easier to jail and imprison event organizers and property owners who fail to stop drug offenses from occurring on their property — even in cases when they take serious steps to reduce drug offenses. It applies to “any place”, including bars and nightclubs, hotels, apartment buildings, and homes. Legal experts warn that the law is so broad that it could be used to shut down not only raves and electronic music events, but also Hip Hop, rock, and country music concerts, sporting events, political protests, and any other event federal agents do not like. Such as biker events?
Custom Chrome ? and Chrome Specialties ??have joined forces to bring you the most comprehensive product offering in the Harley-Davidson ? aftermarket! At over 1,400 pages and over 25,000 part numbers, our 2003 Catalog features everything from nuts & bolts to HR3 bike kits, and sets the NEW industry standard. ?
?ONLY $9.95 + 6.95 Shipping**
Once you find the part you need, go in to Chrome Specialties down below and order online! It’s that simple.?
NAACP FILES DISCRIMINATION LAWSUIT OVER BLACK BIKE WEEK On May 20th, the NAACP and a group of 25 black motorcycle riders have filed suit against the city of Myrtle Beach, S.C., various businesses and law enforcement, accusing them of discrimination during Black Bike Week, the biggest African-American biker rally in the country.
Plaintiffs say the event, held in South Carolina each Memorial Day weekend, has been marred by excessive police force, intrusive traffic laws and a hostility that flows from the shell-encrusted fringes of the Atlantic Ocean to the doors of the local Denny’s.
“I’ve seen it myself,” said Craig Williams, a Baltimore police detective who is a rider. “When the white bikers come to Myrtle Beach, the town rolls out the red carpet. When the black riders come, they roll it right up.”
Each spring, Myrtle Beach plays host to two huge biker rallies, back to back; the predominantly white bike week, which has been going on for 63 years, is called Harley-Davidson Week, while the mostly black event is called the Atlantic Beach Bike Fest, or Black Bike Week, which began 20 years ago.
The gist of the legal action, filed in federal court in South Carolina, is that Myrtle Beach treats the two events differently.
The city’s response: they are different.
“Black Bike Week is rowdier, younger and much more crowded,” said Myrtle Beach Mayor Mark McBride, who has been an outspoken critic, frequently advocating the elimination of the event, but openly supporting “Harley Week.”
City officials say Black Bike Week is nearly twice the size of Harley Week (375,000 people compared with 200,000 last year). That is why, they say, they change the streets to a one-way system and employ 550 police officers, compared with 300 for Harley Week.
Dennis Hayes, NAACP General Counsel, said: “The conduct of these public and private institutions that close down or implement one-time restrictive and oppressive rules simply because most of the visitors in Myrtle Beach over the Memorial Day Weekend are black cannot be tolerated. It is tragic and disheartening to see this type of blatant discrimination in the year 2003, nearly fifty years after the Supreme Court outlawed segregation in Brown vs. Board of Education and nearly forty years after Congress outlawed race discrimination in places of public accommodations.”
NEW TENNESSEE LAW ALLOWS RIDERS TO RUN LIGHTS Beginning July 1, Tennessee motorcyclists can legally run red lights — if they stop first and “exercise due care” — under a bill signed into law by Governor Phil Bredesen.Motorcyclists had complained they were forced to wait excessive periods of time at stop lights because sensors that control the lights did not recognize motorcycles, which are now made mostly of aluminum and fiberglass, not metal.
For Nashville area resident and motorcyclist Steve Lundwall, the law can’t begin too soon.
“Sometimes, I put down the kickstand and just wait (at a stoplight),” said Lundwall, a business analyst in Nashville and state director of Concerned Motorcyclists of Tennessee.
His group helped push the bill through the Legislature.
Lundwall also serves on the board of directors for the National Coalition of Motorcyclists (NCOM), representing the southeast region of the country.
But the new law isn’t as popular with the state’s law enforcement and transportation community, who say it will be difficult to enforce.
“It almost takes it out of our hands to write a ticket for motorcycles running a red light,” said Lt. Bob Lyons of Nashville’s Traffic Division. “How do we know if he’s been sitting there or not?”
Sgt. Jeff Keeter, a motorcycle officer in Nashville for six years, said he’s felt the frustration of being stuck at red lights but thinks the law may cause accidents. “We’ll have motorcycles trying to cross six lanes. … Working traffic collisions, I don’t have much confidence in drivers or riders. I can’t believe this was even considered.”
The governor signed the bill because “ultimately, the research did not show an increased safety risk,” Bredesen spokeswoman Lydia Lenker said. Senator Bill Clabough, R-Maryville, sponsored the legislation.
At least one other state, Minnesota, has passed a similar law, the model for Tennessee’s statute, said Wayne Shaub of Brentwood, legislative chairman for Concerned Motorcyclists of Tennessee.
Bill Moore, chief engineer with the Tennessee Department of Transportation, earlier told a Senate committee there could be safety concerns. The Senate passed the bill 28-1 last month. But the Tennessee Department of Transportation did not take an official position on the bill and has not done in-depth research on it, TDOT Commissioner Gerald Nicely said.
Some senators, concerned the measure would give motorcyclists license to run red lights, added an amendment to tighten the law. It says bikers cannot use the law as a defense to run any red light they want by saying they believed the light was controlled by sensors that did not recognize their motorcycles.
NEBRASKA HELMET REPEAL PUT ON HOLD Motorcyclists who want to ride without a helmet will have to wait until at least next year, as Nebraska lawmakers decided to delay debate until January on a bill to remove the helmet requirement.
Bill sponsor Senator Adrian Smith said he wanted to get on to other issues before lawmakers. Opponents had been dragging out debate on Smith’s bill, and time was running short in the Legislature as they entered the 81st day of their 90-day session.
Under the bill, motorcycle riders age 21 and over would no longer have to wear helmets. Riders would have to attend a two-day training class in order to ride without a helmet. The bill will remain in the second of three rounds of debate.
Governor Mike Johanns has said he would sign the bill into law should it pass.
MASSACHUSETTS PROMOTES RIDER SAFETY The Massachusetts Motorcycle Association (MMA) has brokered a deal with Massachusetts Turnpike Authority officials and the RMV, to put signs on toll booths at four major interchanges, “When changing lanes, check twice – save a life, motorcycles are everywhere.”
“What this means folks,” explains MMA Legislative Director Paul Cote, “is that every vehicle, car, truck, motorcycle, etc., that travels the Mass Pike through those four major interchanges will see the signs promoting motorcycle safety awareness… it’s estimated that one million travelers will see this message; and hopefully will promote more safety out the roadways!”
Also, neon signs will flash the same safety message on major highways, such as 93, 495, 128, and rte 1.
“The Massachusetts Highway and the Massachusetts Turnpike Authority didn?t just wake up one day last week and decide to publicize motorcycle safety and awareness,” says MMA Chairman Jimi Ricci, who also serves on the NCOM Board of Directors. “For the last 4 or 5 years, members of the MMA have been busting our butts trying to get these agencies to help us to try to promote motorcycle safety and awareness. One of our main goals in the last 5 years has been to try to reduce the number of accidents involving motorcycles here in Mass., and everywhere for that matter .We feel that this motorcycle safety and awareness program is finally starting to pay off for us riders.”
Ricci also advises riders to get involved in motorcycle safety by joining their local motorcyclists rights organization. “Now is the time to spend what amounts to the price of a T-shirt and help us save lives,” he says.
SWISS BIKERS PROTEST SPEED LIMITS Thousands of bikers converged on the Swiss capital, Bern, to protest plans to limit bike speeds to 80kmh on the motorways. The country’s biggest motorcyclist association, Pro Moto, organized the mass demonstration outside the government building.
Although the demonstration took place without bikes, the procession of bikers, making their way into Bern – at 80kmh – brought traffic around the city to a standstill. It was reported that over 35,000 motorcyclists came from all over the country to protest proposals from the Swiss Council for Accident Prevention (BFU) to reduce the number of deaths on the country’s roads.
But the bikers argue than the plan would introduce technical alterations making it impossible to go any faster than 80kmh, would be discriminatory and make them the laughing stock abroad. They say they are not against moves to reduce the number of deaths on the road, which number 600 a year, 100 of which are motorcyclists, but Pro Moto says the country’s 500,000 bikers just want to be granted the same treatment as other road users.
Pius Bruelhart, a bike enthusiast, said if the measures go through, motorcycles could become an obstacle to other road users.
“Vision Zero would slow bikers down to the speed limit of a truck on the road and it’s known that trucks are always about ten per cent over the limit, which would mean a truck would overtake a bike on the motorway,” he said.
Other proposals causing concern are raising the age limit to 18 for motor scooters, tightening drunk-driving laws and reducing the speed limit on major roads to 70kmh.
Pro Moto has already handed in a petition with more than 200,000 signatures urging the government to rethink Vision Zero, and some biker groups will be involved in the consultation process before the government reveals some firm proposals by the end of the year.
WEIRD NEWS OF THE MONTH A naked motorcyclist wearing just a scarf, sunglasses and a pair of sandals crashed his bike after he was stung on the inner thigh by a bee. The 36-year-old, who had been driving to the swimming area at a German nudist colony, lost control of the bike as he swatted the insect away.
He fell on to the road, but escaped with just a shoulder injury and minor cuts and bruises. Police said they are considering pressing charges after the incident — as the man was not wearing a crash helmet.
QUOTABLE QUOTES: “The more corrupt the State the more numerous the laws.”Cornelius Tacitus, Roman historian & politician (55 AD – 117 AD)
May 17, 2003
By Bandit |
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.*
Custom Chrome ? and Chrome Specialties ? have joined forces to bring you the most comprehensive product offering in the Harley-Davidson ? aftermarket! At over 1,400 pages and over 25,000 part numbers, our 2003 Catalog features everything from nuts & bolts to HR3 bike kits, and sets the NEW industry standard.
ONLY $9.95 + 6.95 Shipping**
Once you find the part you need, go in to Chrome Specialties down below and order online! It’s that simple.
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
August 22, 2005
By Bandit |
THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to InjuredMotorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), andis sponsored by the Law Offices of Richard M. Lester. For more information, callus at 1-(800) ON-A-BIKE or visit us on our website at <
NCOM NEWS BYTES 0805
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists
HIGHWAY BILL FINALLY ENACTED: MOTORCYCLISTS’ CONCERNS ADDRESSED Following tendeadline extensions dating back to September 2003, the 109th Congress voted onJuly 29th to enact HR 3, the sweeping $286.4 billion highway bill thatreauthorizes federal transportation spending through September 2009, andPresident Bush signed the measure into public law on August 10th.
The final version of the massive 1,681-page document contains numerousmotorcycle provisions lobbied for over the past several years by national, stateand local motorcycle rights organizations and concerned individual riders.
In addition to providing much-needed federal funding to rejuvenate our nation’scrumbling infrastructure, the bill also makes available $25 million in grantmoney for motorcycle safety training and awareness programs to individualstates. The bill also provides for the formation of a motorcyclists advisorycouncil to advise the Federal Highway Administrator regarding how motorcyclesmust be included when designing future Intelligent Transportation systems.
HR 3 also includes nearly $3 million for a new scientific study of motorcyclecrashes to be conducted by the Oklahoma Transportation Center, located atOklahoma State University. This marks the first comprehensive research intomotorcycle crashes since the Hurt Report was completed in the late 1970s.The reauthorization measure also stipulates that motorcycles will continue to beallowed to use High-Occupancy Vehicle (HOV) lanes, and continues to prohibitlocal governments from excluding motorcycles on roads maintained with federalfunding.Lastly, for off-road riders, the legislation earmarks $370 million from gasolinetaxes to fund the Recreational Trails Program.
MOTORCYCLE FATALITIES CONTINUE TO CLIMB Motorcycle fatalities nationwide havesurged to their highest levels since 1987, even as overall highway deathscontinue to decline.
In 2004, 4,008 motorcycle riders were killed in highway accidents, up 7.9% from2003 and 89% higher than in 1997, according to a new National Highway TrafficSafety Administration report. Meanwhile, passenger car deaths dropped 3.2% to19,091 last year.
NHTSA cites as possible causes: a sharp rise in motorcycle ownership, anincrease in inexperienced bikers riding powerful machines, and rollback ofmandatory helmet laws in several states.
Americans bought an estimated 734,000 new on-highway motorcycles last year, upfrom 230,000 in 1995, according to the Motorcycle Safety Foundation.
Motorcycle groups opposed to helmet laws point to the changing face of bikers,reports USA Today. Jeff Rabe, lobbyist for the Modified Motorcycle Association(MMA) of California and member of the board of directors for the NationalCoalition of Motorcyclists (NCOM), said more “middle-aged executives” are ridingpowerful machines without training. “There’s a huge group of people ages 35 to50 who have purchased motorcycles,” Rabe said. “But they’re still beginning riders.”
INVENTOR PROMOTES CAR HELMETS FOR KIDS Michael Fleming, an amateur inventor andfull-time Houston attorney, has filed a patent application for a new safetydevice for kids. It’s called the Automobile Helmet. “The time has come for ahelmet that protects children in autos,” Fleming told the Chicago Tribune.
Fleming cited government statistics that 2,500 children are killed and 294,000injured annually in vehicle accidents.
But how do parents convince their kids to not only belt up, but helmet up as well?
Fleming thinks he has the answer: loading the helmet with electronics. “Bybuilding a helmet that allows a child to listen to music, watch a DVD movie orplay a handheld game, I’m hoping they?ll want to wear a helmet without complaint.”
NEW YORK AMENDS HANDLEBAR HEIGHT LAW Governor George E. Pataki has signed intolaw a handlebar height bill that will allow motorcyclists to adjust the heightof their handlebars up to shoulder level, eliminating the 15″ above the seatstandard that has been the law since the late sixties.
ONCE RIVALS, BIKE CLUBS NOW WORKING TOGETHER Once-notorious outlaw-bikerrivals, the Pagans and Warlocks are working together to raise funds to fightdiscrimination, fresh from helping to repeal laws regarding motorcycle helmetsand high handlebars, reports the Philadelphia Daily News.
What’s more, these clubs have joined with non-outlaw bikers to fight againstdiscrimination and police harassment in a political and legal forum, and threwtheir first annual Summer Sizzler, a biker family picnic, on August 21st, at theNevlin Grist Mill Park, in Glen Mills, Delaware County.This was the first major fund-raiser for the Confederation of Clubs of EasternPennsylvania, founded in April 1999. The confederation represents more than1,000 members, with an average age of 42, from 23 clubs. Members include 1percenters, Bikers Against Child Abuse, Christian bikers, and Clean and Soberbikers.It’s one of 55 confederations in North America, the fastest-growing part of thenational bikers- rights movement, with annual national conventions and a Website: www.aimncom.com/coc/.
The confederations’ aim is to stop police harassment of bikers and civil-rightsdiscrimination in housing, bars and other areas, and to solve mutual problems,not settle scores among clubs, according to its local president, a Warlock.
“We’re all bikers,” said Kenny Plank, of Longriders, in Chester County. “There’sno reason to be fighting each other.”
Not all bikers in the local confederation are outlaws and not all outlaw bikersare gangsters. They are nurses, firemen, company owners, salesmen, judges andlawyers.
As confederation treasurer, “Patches” said his job was to “make sure all thecommittees are doing the right thing.” That is, keeping within a $5,000 partybudget. After paying for expenses, said Patches, a member of the MessengersMotorcycle Club, known as a “clean and sober” club, “We’ll have the legal meansto protect ourselves.”
“We’re serious about bikers rights,” he said. The confederation is “neutral ground.”
At regular meetings at which two representatives per club have one vote,Norristown attorney Boyd Spencer regularly updates them about state and federallegislation, including the Patriot Act. Spencer said the law “targets three ormore people with a common handshake, common purpose and common attire.”
Spencer is a member of the national network of biker-rights lawyers in Aid toInjured Motorcyclists, or AIM, founded in 1982 by California attorney Richard M.Lester, who started the national confederation and similar groups.
On legislative issues, the local confederation supports the Alliance of BikersAimed Toward Education (ABATE) of Pennsylvania, the main biker lobby; andPennsylvania Coalition of Motorcyclists (PCOM), which monitors legislation.
The confederation supported member Warlocks and the Bikers Against Child Abuse(BACA), both of whom sued police for allegedly harassing bikers in separate Toysfor Tots Runs in Philadelphia and Delaware County in 2002. The Warlocks obtaineda consent decree from the Philly cops and BACA, an out-of-court settlement fromDarby Borough.
“Everybody is getting along together as a group and becoming more political,”said “Rabbit,” of Men of Honor. “It’s good to see as many [clubs] agree on onething.”
At their latest confederation meeting, held in the middle of the summer whenmost organizations don’t meet, the confederation drew more than 40 members.
Amid the banter, the president introduced “Q” as a nurse and a minister: “He canbury ya and marry ya.”
For $200, which would go to the confederation, he added, bikers could getmarried or renew their vows at the Summer Sizzler.
“Boyd will do the divorce,” joked the president, referring to AIM lawyer BoydSpencer.
Later, Q identified himself as Steve Stoyke, 54, a member of Association ofRecovering Motorcyclists, or ARM, who rode five hours on his Harley fromFrederick, Md., to support the confederation. “To do a wedding, we line bikes upon either side,” said Stoyke. “You can do a traditional wedding, or we can readfrom the Harley Repair Manual.”
The minister asks the groom: “Do you promise to keep her cables greased andtires balanced?”
And he asks the bride: “Do you promise to keep his gas filter cleared, changehis oil and bring him in for maintenance?”
“This is America’s last subculture,” added Stoyke. “That’s what keeps ourcountry great.”
WEIRD NEWS: HARLEY HELPS BLIND TO SEE A student at Penn State Behrend Collegein Erie, PA has developed a process that may help the blind to “see” digitalphotographs. Using a process developed by Harley-Davidson called “rapidprototyping,” 27-year old Jason Donnell hopes to produce 3-D images that a blindperson could run their fingers across and “feel” the image, in much the samemanner as Braille is used to read.
“With a Word document, you output to a printer,” explains Donnell. “With rapidprototyping, the output is to a machine that uses a special type of paper, waxor plastic. So, for example, if Harley-Davidson has something they want toinclude on a bike, but is not too sure about, they can input the information andit will produce an exact size copy of the item.”
After a lot of hours writing and re-writing, Donnell has his program, but theresults so far have been mixed. Because of the short time frame of the collegeproject, he was only able to produce and test three examples.
“The test on a simple picture of a playing card were pretty good,” Donnell toldthe Valley News Dispatch, “but the pictures of a tree and a ghost town were verytough and showed the need for more work.”
QUOTABLE QUOTES: “Politics is the art of looking for trouble, finding it whetherit exists or not, diagnosing it incorrectly, and applying the wrong remedy.”Sir Ernest Benn (1875-1954), publisher and public speaker
AND THAT’S ALL THE NEWS THAT FITS!
August 14, 2000
By Bandit |
THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to InjuredMotorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), andis sponsored by the Law Offices of Richard M. Lester. For more information, callus at 1-(800) ON-A-BIKE or visit us on our website at <
From TheGUNNY’S SACK
NCOM comes to PORTLAND, October 22!Mark your calendars NOW! The West Coast REGIONAL CONFERENCE of the NationalCoalition of Motorcyclists ? NCOM ? is set for October 22nd, 10 am until 7pm,followed by a party, of course, the Freedom Fighter’s Social. The conference isat the Airport Sheraton Hotel, and it’s FREE to ALL bikers. Mention NCOM for thespecial room rate of $99.00 a night, single or double or however many you canload in.
AMONG THE ISSUES on the agenda is the new proposed Federal “Anti-Gang” act,along with the Patriot Acts, and the possible effects on BIKERS. Don’t miss it ?free, on Oct. 22.
NEW YORK, NY: The SEC Starts Inquiry Into Harley-Davidson according to theAssociated Press. Allegedly, Harley announced they intended to limit short-termproduction and decrease planned motorcycle shipments. On April 13,Harley-Davidson said it would increase motorcycle shipments from last year’s317,000 units to a target of 329,000 units, below original plans of 339,000units.
The company also lowered earnings forecasts for the year, citing weakfirst-quarter sales and a GLUT of 2005 bikes on dealer floors. In response,Harley shares plunged to their lowest price in more than 14 months. TheSecurities commission started inquiries because of complains from shareholders.Harley said it is cooperating with the SEC, and noted that in light of thepending shareholder litigation, it wasn’t surprised by the inquiry.
WELLINGTON, NEW ZEALAND: A Kiwi set the world SIDE-HACK speed record. NewZealander Glenn Hayward, driving a 1000cc machine dubbed the Flying Kiwi,shattered the 19-year-old world speed record for motorcycle and sidecar on astraight stretch of highway on New Zealand’s South Island. Riding with a 60kilogram (132-pound) weight in the sidecar, Hayward reached a two-run average of272 kph (170 mph), eclipsing the previous record of 222 kph (139 mph). Arepresentative of the International Motorcycling Federation observed the recordattempt, making it official. Y’wouldn’t find ME at half that speed with asidecar! Riding those things takes some special talent!
WASHINGTON, DC: Our unhappy dealings with Dr. Jeffrey Runge from NHTSA is endingwith his departure from that agency to become Chief Medical Officer for theDepartment of Homeland Security. Hopefully, his replacement at NHTSA will have amore open mind when it comes to the welfare of bikers on the highways. Runge hasbeen a headache for motorcyclists for the past four years. ‘Course, havin’ himinvolved in Homeland Security makes me kinda quiver too.
TACOMA, WASHINGTON: Thurston County residents who have to raise their voices tobe heard over the noise of a neighbor’s dirt bike or motorcycle now haverecourse. A county ordinance makes motorized vehicle noise illegal when itreaches 55 decibels on a neighbor’s property — about the same level as aconversation. The ordinance covers ALL noise not just ORV (dirt bikes). The boomboxes in cars and carried on teen shoulders are part of it. Now THAT we can livewithout, but just the vehicle’s OWN noise is a little different. Folks, havesome kindness on your throttle and we can avoid more laws like this one!
GAS PRICES AT NEW RECORD: This isn’t really news, but the national averages havegone crazy. Most of us SAVE bigtime on fuel when we’re on our scoots, but itstill STINGS worse and worse.
The real problem in my mind is the impact fuel costs have on the prices we payfor consumer goods. It’s way past time for us all to be writing letters andsending E-mails to our elected officials in the Federal government. The peoplecan stop this if we get mad enough to scream at Congress.
The high cost ofliving is raising hell with us all, especially those on fixed incomes. Let’s allget busy and write a letter or two.
DIESEL BIKE: There has been research for years on diesel aircraft engines. Whynot diesel engines for motorcycles? Seems like a no-brainer to me. Motorcycleshave been evolving for nearly a century. There is even electric technology.
Think about it, you would never have fouled plugs and you could still have thoseloud pipes some folks like so much, plus the advantage of even BETTER fueleconomy. Diesel fumes stink a little but what the hey! People will know we werethere because their noses know! Emissions are LOWER than gas engines, too.
MEDICAL MALPRACTICE: There is a big fight brewing here in the Pacific Northwest,in Washington, over a BALLOT MEASURE designed to LIMIT your access to the courtsthere!
There are enough mistakes made in the medical profession that a watchfuleye is required to FIX the PROBLEM, instead of screwing the legitimately injuredpatients.
To combat lawsuits by those patients INJURED by medical negligence,the Washington State Medical Association now has more than $3.6 million in thebank and $5.3 million pledged – all directed at taking away our right to our dayin court, IGNORING the needs of people injured by medical negligence, andprotecting insurance industry profits at OUR expense.
The people who supportthis fund: Hospitals $1.8 million, Pharmaceuticals $100,000, Insurance Industry$830,000, Med.l professionals and practices $1.7 million, WA medicalassociation. $733,000, and THIS just in Washington State.
We need to protect patients who are injured by the handful of bad doctorseverywhere who cause most of the malpractice. We need also to protect our manygood doctors from price gouging by the insurance industry.
WRITE YOUR CONGRESSMAN AND SCREAM BLOODY MURDER wherever you are. Remember totell them that TORT DEFORM is bad for EVERYONE! This stuff is nasty.
STATELINE, ID: Remember the recent kidnapping of Shasta Groeneg and the murderof her family? Bet you didn’t see it on TV, but BIKERS played a big role. Morethan 500 Harley-Davidson and other motorcycle riders came to empty their pocketson behalf of the biker’s daughter who survived the horrific abduction,
The sixhour benefit drew more than a 1000 people who donated cash at the front door ofCruiser’s Bar & Grill, a biker hangout in this town just east of the Washingtonstate line. Total receipts were not announced.
“You say bikers and people thinkof gangs, but these people are the best people in the world,” Groene said.”These people step up for anything and everything.” And you and I know it, don’t we?
THE GUNNY AGAIN: Remember, when bikers need help they are served by the bestgroup of folks on the face of this planet. Our AIM (Aid to InjuredMotorcyclists) attorneys are there for US when we need them the most, becausethey ARE us ? they ride, they KNOW what we face out there on the roads, and theylook out for our interests. Ask anyone who’s been hurt and someone else was atfault, what their AIM attorney did for them!
You DON’T hear the same sorts oflawyer stories MOST clients tell. These AIM guys really care about our welfare.Call 1-800-ON-A-BIKE, or 1-800-531-2424, or here in Oregon Sam Hochberg isalways available at 1-800-347-1106 toll free, or email at SamBikeLaw@aol.com.
Your Gunny is AIMGunny@aol.com.
Keep the round side on the bottom.Gunny, Oregon AIM Chief of Staff
AND THAT’S ALL THE NEWS THAT FITS!
July 26, 2005
By Bandit |
THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to InjuredMotorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), andis sponsored by the Law Offices of Richard M. Lester. For more information, callus at 1-(800) ON-A-BIKE or visit us on our website at <
NCOM NEWS BYTES
Compiled & Edited by Bill Bish
TEN PERCENT OF DRIVERS UNFIT As you’re riding along through traffic be sure tolook out for every tenth car, according to new research that suggests one in tendrivers may be unfit to drive. Study results released by GMAC Insurance indicatethat up to 20 million licensed drivers may lack basic driving knowledge andwould fail a standard state drivers test.
In an effort to gauge American drivers’ road knowledge, GMAC studied nearly5,000 licensed drivers nationwide aged 16-65 by administering a 20-questionwritten test similar to those used to award state drivers licenses or permits.The results of the GMAC Insurance National Drivers Test were alarming, andunveiled pervasive dangerous behavior amongst our nation’s drivers.
Study results indicate that many U.S. road users are perplexed by such standarddriving practices as merging, failure to yield when making left turns, androad-sign interpretation. In addition, twenty-nine percent (57 million) ofdrivers who drink admitted they would knowingly drive while over the legal limit”if they felt okay.”
Such lack of knowledge and unsafe driving practices are identified as commoncauses of accidents.
SHUT UP AND DRIVE A recent study sounds the alarm on driving while talking oncell phones, and surprisingly the study found no difference in the accidentrates for drivers using hands-free phones as opposed to hand-held phones. Foreither type of phone, talking while driving increased four-fold the chances ofan accident requiring hospitalization.
Research by the Insurance Institute for Highway Safety suggests that using ahands-free device instead of a hand-held phone while behind the wheel will notnecessarily improve safety. The institute said it was the first attempt toestimate whether phone use increases the risk of an injury crash in automobiles.
The study, published in the British Medical Journal, and released July 12, foundthat male and female drivers had the same increase in risk from using a phone,along with drivers who are older and younger than age 30.
A survey released earlier this year by the National Highway Traffic SafetyAdministration found that 8 percent of drivers were using cell phones duringdaylight hours last year. It represented a 50 percent increase since 2002.
With more motorists dialing and driving than ever, lawmakers have tried to findways of reducing driver distraction. New York, New Jersey and the District ofColumbia prohibit talking on hand-held cell phones while driving. Some cities,such as Chicago, Santa Fe, N.M., and Brookline, Mass., require hands-freedevices in automobiles, and Connecticut drivers will have to start usinghands-free devices beginning on October 1st.
VIRGINIA ENACTS MOTORCYCLE-FRIENDLY SIGNAGE After a long and arduous process ofproposed legislation, engineers meetings, and field testing, Virginia now hasstandards in place backed by law that require the marking of steel plates whenused in temporary road repairs. The steel plates, commonly referred to asbridging, pose particular hazards for motorcycles because of their unusuallysmooth finish that can become slippery in humid conditions or when other trafficdeposits grease, oil and fluids on them.
A.I.M. (Aid to Injured Motorcyclists) Attorney Tom McGrath, founder of VirginiaCoalition of Motorcyclists (VCOM) and VCOM director Jim Cannon spearheaded theeffort with the help of Virginia Beach Delegate, John Welch. Delegate Welchintroduced House Bill 2020 requiring the markings of all roadway conditionsdeemed hazardous to motorcycles, and with the threat of legislation hanging overtheir heads the Virginia Department of Transportation (VDOT) and the privatecontractors became cooperative. This resulted in a series of meetings betweenVCOM, the highway engineers, and contractors to develop the best practice forhandling these conditions.
As a result of these meetings, Virginia now has signage specific to motorcyclesnotifying riders of potential hazards ahead. Governor Mark Warner signed HB2020 into law, requiring that steel plates in the roadway must have a sign, ifpractical, as well as be marked with a reflective material on all four cornershighlighting the steel plate and making it visible at night and in poor weatherconditions, etc.
“We think it’s great that the highway engineers now recognize that motorcyclessometimes need specific consideration and look forward to working with VDOT onother issues in the future,” says McGrath.
TENNESSEANS CELEBRATE BANNER YEAR Tennessee started out its 2005 legislativesession with a brand new lobbying team and a brand new Legislative Chairman. Nofiles, no experience, no expertise. “From day one, we knew we were going to beworking at least 8 different bills,” said John R. Pierce, CMT/ABATE StateLegislative Chairman, adding “Talk about learning to swim by being thrown intothe deep end of the pool!”
But with help from “the most motorcycle friendly legislature on the planet” theLegislative Team succeeded in passing 7 of the 8 bills they got introduced inthe first half of their two-year session, including: a proclamation declaringMay as Motorcycle Safety and Awareness Month; a repeal of their handlebar heightlaw; a good ROW (Right of Way) bill that will be the basis for more stringentlegislation to follow; a parade bill that says riders can go lidless in a paradeif they stay under 30 miles per hour, making it legal to have a self-declaredparade along the entire 635-mile length of Tennessee as long as they stay insmall towns; a bicycle helmet bill that makes it legal for a motorcyclist inTennessee to wear a certain type of bicycle or ventilated helmet; and last butcertainly not least, they are now allowed to purchase a variety of militarylicense plates that were previously only available for cars.
The frosting on the cake came when the Department of Safety gave CMT/ABATE a$15,000 grant to implement Motorcycle Safety and Awareness Month, which hasresulted in getting 50 billboards in cities across the state with motorcycleawareness messages, along with signs on city busses and 8,000 bumper stickers.
“The full helmet choice bill is taking a little longer,” says Pierce, butprogress has been made and inroads have been laid, and “With all that’s happenedin the last 5 months, I think we can make the case that Tennessee is a verymotorcycle friendly state. By this time next year, we will also be a free state.”
ARIZONA HONORS VETERANS In an e-mail from former State Representative WallyStraughn of Phoenix, who is a member of MMA and ABATE, he writes;
“I would like to notify your readers, especially the Arizona bikers who aremilitary veterans, that the state of Arizona is now offering Veterans’ licenseplates for motorcycles. The legislature approved the plates during the 2004session and the plates finally went on sale in June of 2005.”
Straghn goes on the explain; “The importance of Veterans’ plates on motorcyclesis not only to show your pride as a military veteran. Each plate costs $25, thesame as any other Arizona plate, and $17 of each sale goes to the ArizonaDepartment of Veterans’ Services. I authored this bill in the State Legislaturein an effort to increase funding for the State Veterans Home. It is a greatcause and I encourage every veteran and family member who owns a motorcycle tobuy a vet plate.”
And finally; “I’d also like to tell you what a pleasure it was to work withmotorcyclists like Bobbi Hartman (Lobbyist for ABATE of Arizona) and Ray Houston(Chairman of the MMA and board member for the National Coalition ofMotorcyclists – NCOM). They were effective speakers for the issue and broughtmany other motorcycle rights activists to the legislature to assure passage ofthe bill. It would not have happened without them.”
“I recently bought my first motorcycle and I hope you will all join me inordering the new Veterans tags that are now available.”
FORMER legislator?! How’d he get away?
PHILIPINOS ORGANIZE FOR PRO-MOTORCYCLE PLANS In a recent letter from TheMotorcycle Philippines Federation, the newly-formed motorcycle rightsorganization explains the kinds of problems that necessitated their formationand how effective they have become as a fledgling MRO in fighting for bikersrights.
Recently it has become clear that because motorcycles are the only vehicles thatcan slip through the chaotic, lawless mess of Manila traffic, criminals aresometimes using them as getaway vehicles. Instead of investigating why thePhilippine National Police cannot stop them, or finding a way of helping thePNP, one counselor decided to introduce a no backride law (no passengers onmotorcycles). Another decided that because these criminals are hard to recognizewhen wearing full face helmets he would introduce a ban of full face helmetswhile another said everyone passing through their part of the city must registertheir helmets! Lastly, a senator decided he would introduce a law that allmotorcyclists must paint their name and plate number on their helmet
All these rules of course would have little or no effect on criminals and theonly people affected are the innocent motorcycle riders.
So on Friday June 10th 2005 members of the estimated 120,000 member MotorcyclePhilippines Federation (MCPF) said enough is enough, and hundreds of ridersjoined in a protest starting in Quezon City to voice their dissatisfaction andto inform counselors and senators that they will no longer be used as scapegoatsand excuses for poor law enforcement.
The MCPF made its presence felt and the backride ban and the painted helmetproposals have already been withdrawn. Also, the Office of the Presidentrecently requested the MCPF to draft a motorcycle usage incentive policy for thecountry. When the riders gathered at Quezon Memorial the staff of Quezon CityCouncelor Ariel Inton met with the riders and MCPF directors to sign anagreement of cooperation and recently Senator Richard Gordon agreed to work withthe MCPF on motorcycling related issues.
The MCPF and its member motorcycle clubs and associations made it clear thatthis law enforcement problem is NOT a motorcycle problem. They also made it veryclear that by joining forces and refusing to take the legal and legislativeabuse in stride, they have cleared the way for better relations with theirgovernment and laid a foundation to resolve their issues through politicalparticipation. That’s a lesson we could all learn from.
WEIRD NEWS: TAIWANESE WOMAN FAILS MOTORCYCLE TEST FOR THE 51ST TIME. A59-year-old woman in Tainan City, Lee Hsu Shui-mian, has been taking the exam toget a license to drive a motorcycle for the past 20 years, but as yet has stillfailed to snag the valued piece of paper. Lee Hsu has taken the test 50 times,but still has not passed the oral portion of the exam.
Her husband passed away when she was 33 years old, and since then Lee Hsu hascut hair for a living in an effort to support her three children. When she was39, she made her first trip to the Tainan Department of Motor Vehicles to seek alicense to drive a motorcycle. Lee Hsu said she required the license since sheneeded to drive her children to school, and for work related purposes. However,given that Lee Hsu is illiterate, each time she has taken the test, she’s failed.
As Lee Hsu is getting on in age, her memory is starting to fail her. Inaddition, her hearing ability has diminished. Her daughter has suggested to hermother that she give up taking the motorcycle license exam and instead switch toa four-wheel electric vehicle, but Lee Hsu said the electric vehicles are simplytoo slow. As a result, she refused to take her daughter’s suggestion and signedup to take the test for the 51st time. She passed the driving test without anyproblem, but she once again did not score a passing grade on the oral test.Undeterred, Lee Hsu said she intends to try again next time.
QUOTABLE QUOTE: “Don’t judge each day by the harvest you reap, but by the seedsyou plant.”
Robert Louis Stevenson, Poet, Novelist & Essayist (1850-1894)
AND THAT’S ALL THE NEWS THAT FITS!
June 19, 2005
By Bandit |
THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to InjuredMotorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), andis sponsored by the Law Offices of Richard M. Lester. For more information, callus at 1-(800) ON-A-BIKE or visit us on our website at <
NCOM NEWS BYTES
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists
POLICE URGED TO CRACK DOWN ON SPEEDERS A group of state traffic safetyofficials is calling upon police departments to cease and desist in allowing a”cushion” for speeders.
Authorities patrolling U.S. highways tend to give motorists a cushion of up to10 miles per hour above the speed limit before pulling them over, according to areport released June 13th by the Governors Highway Safety Association, and thispractice creates an unsafe comfort level at high speeds and is a potentialsafety hazard, they say.
The group found that 42 states allow drivers to regularly exceed the speed limitbefore they are stopped.
“This cushion truly exists across this country and in some cases is more than 10mph above posted limits,” said Jim Champagne, the association’s chairman.
“Law enforcement needs to be given the political will to enforce speed limitsand the public must get the message that speeding will not be tolerated,” saidChampagne, who also is executive director of the Louisiana Highway SafetyCommission.
The survey’s release coincided with the association’s forum on ways to addressspeeding, with the goal of making recommendations for states to consider.
“As a country, if we are going to reduce the carnage on our roadways, speedingmust be given the same level of attention that has been given to occupantprotection and impaired driving,” Champagne said.
Since 1994, 38 states have increased their speed limit, the report said.Congress in 1995 allowed states to raise limits above 55 mph in urban areas and65 mph on rural roads.
A study released in 1999 by the Insurance Institute for Highway Safety estimatedan increase in deaths on interstates and freeways of about 15 percent in the 24states that had raised their speed limit in late 1995 and 1996.
HOUSE APPROVES TOUGH NEW ANTI-GANG MEASURE The U.S. House of Representativesvoted May 11th to approve a bill that changes the definition of criminal streetgangs and imposes mandatory minimum sentences for gang-related crimes, andmaking them a federal offense with a schedule of penalties ranging from 10 to 30years, with a sentence of life in prison or capital punishment for a gang crimethat results in a death.
The Republican-backed bill, approved overwhelmingly 279-144, is one of severalaimed at establishing minimum penalties to replace mandatory sentencingguidelines struck down by the Supreme Court. H.R. 1279, the Gang Deterrence andCommunity Protection Act, was introduced by Rep. J. Randy Forbes (R-VA) after aSupreme Court ruling in January allowed judges to deviate from the harshpenalties specified in federal sentencing guidelines.
Supporters say the “Gangbusters” bill was designed to give prosecutors and lawenforcement officials tools for dealing with gangs similar to those that theRacketeer Influenced and Corrupt Organizations (RICO) Act gives them to combatorganized crime.
The legislation revises the legal definition of a “criminal street gang” from atleast five to at least three people who have committed at least two crimestogether, at least one of them a violent crime.
Minimum mandatory sentencing guidelines would impose death or life imprisonmentfor any crime resulting in death; at least 30 years in prison for kidnapping,aggravated sexual abuse or maiming; and at least 20 years for an assaultresulting in serious bodily injury. Convictions for other gang crime — definedas violent crimes and other felonies committed to further the activities of astreet gang — would result in a minimum prison term of at least 10 years. Gangmembers would be able to avoid the toughest sentences if they cooperate fullywith prosecutors.
President Bush endorsed the bill shortly before the vote, with a White Housestatement declaring that increasing the penalties for illegal gang activity will”deter violence and encourage cooperation from gang members.”
The bill’s prospects in the Senate are uncertain. Senators Dianne Feinstein(D-CA) and Orrin Hatch (R-UT) have introduced an anti-gang bill that, unlikeForbes’ bill, contains funding for crime prevention programs and does notinclude mandatory minimum sentence provisions.
In an urgent message to the Confederations of Clubs from the National Coalitionof Motorcyclists, NCOM Founder Richard Lester states in part: “HR. 1279 wasintroduced on March 14, 2005 by Representative Randy J. Forbes: We all have toget our letters in to the Senate to get this bill stopped quickly, as it is onthe fast track and has passed further through Congress than any other Gang Bill.As American Citizens we must all stand together and let the government hear ourvoices, as we are the voices for this country and we have that right to beheard. We are NOT ‘Gangs’; we are men and women from all walks of life who enjoythe freedom of riding our bikes and the company of other fellow riders — andthey are trying to take that away from us! What is this country coming to, thatthey can tell us we can’t ride in a group of three or more or if we do we are aGang, or they will decide who you can associate with? What happened to FREEDOMof CHOICE?”
HOUSE CONSIDERS BILL TO END HEALTH CARE DISCRIMINATION H.R. 2793, “The HIPAARecreational Injury Technical Correction Act”, which would prohibit health-careproviders from denying insurance coverage to those who are injured whileparticipating in legal transportation and recreational activities such asmotorcycling, ATV riding, snowmobiling, or horseback riding, was introduced inthe U.S. House of Representatives on June 8th by U.S. Representatives MichaelBurgess (R-TX) and Ted Strickland (D-OH).
The bipartisan bill is similar to a Senate measure, S. 577, “The HIPAARecreational Injury Technical Correction Act”, introduced earlier this year byU.S. Senators Susan Collins (R-ME) and Russ Feingold (D-WI) to close a loopholethat has allowed insurance companies to discriminate against motorcyclists andothers involved in so-called “risky activities” when it comes to paying forhealth care benefits. A nearly identical bill was approved by the Senate lastsession, but failed to clear the House.
CONGRESSIONAL QUARTERLY RECOGNIZES BIKERS POLITICAL CLOUT According to a recentCongressional Quarterly report, the National Highway Traffic SafetyAdministration (NHTSA) is spearheading a campaign to encourage states to enactstronger seat belt laws, but its efforts are hampered for the state helmet lawdebate by a 1998 law that bars the federal agency from lobbying on the issue,the CQ report stated.
Congress has been pretty clear in directing the agency not to get involved, saidNHTSA spokesman Rae Tyson, and the CQ report said few in Congress appearinclined to loosen the leash on the NHTSA – “a tribute to the political musclethat motorcyclists enjoy.”
National motorcycle political action committees are not big contributors tofederal candidates and lobbying in comparison to other groups. Their success isattributed to work at the grass-roots level, where they have framed the helmetissue as a question of free choice rather than safety.
The battle continues with heated debate in many states, and it has becomeapparent Congress no longer wants to be involved even though it was instrumentalin starting the controversy.
The federal role in helmet use started in 1967 when the government beganrequiring states to enact helmet laws to qualify for some safety and highwaybuilding funds. By 1975, all but three states mandated motorcycle helmets.
A backlash began almost immediately and the federal helmet law was repealed,followed by numerous states repealing or amending their helmet laws. A secondfederal helmet law was enacted by Congress in 1991, only to be repealed fourshort years later.
Arguments that wearing helmets should be a matter of individual choice prevailedin those decisions and also in a number of state fights over mandatory helmetlaws where requirements were dropped, or modified. Today, 30 states allow adultfreedom of choice regarding helmet wearing.
The United States Senate on May 11 defeated an amendment that would have givenstates incentives to mandate helmet use.
FLORIDA BIKERS ENJOY POLITICAL SUCCESS ABATE of Florida, Inc. reports that fourof the bills that they supported have been passed and signed by Governor JebBush. Included in those bills are a Right-of-Way violations measure thatenhances penalties against those who are convicted of a right-of-way violationthat results in the severe injury or death of another person.
Another ABATE-backed bill will result in stiffer penalties for those convictedof running a red light that causes an accident resulting in the injury or deathof another road user.
In addition, a law was passed to modify the state’s current handlebar heightlimit to allow them to be shoulder height when the rider is seated on the bike.Previously, handlebars could be no more than 15 inches from the seat, causingmany stock motorcycles to be illegal.
But the coup de gras for Florida riders was a state budgetary item that earmarks$500,000 for motorcycle safety to be administered by ABATE of Florida, Inc.
“This money will allow us to protect our people,” said James “Doc” Reichenbach,State President of ABATE of Florida, Inc., and Chairman of the Board of theNational Coalition of Motorcyclists (NCOM). ABATE has already begun putting upmotorcycle safety billboards.
This is the first time that a state motorcyclists’ rights organization hassucceeded in getting safety funding approved through the state budget.
“We want other states to know what we did, so that they can do it in theirstates,” said Doc.
MASSACHUSETTS BILL WOULD ALLOW MOTORCYCLISTS TO RIDE ON SHOULDER House No.2017, a bill which would allow motorcyclist the use of the breakdown and accesslanes on highways during backed up traffic, has been introduced in Massachusettsto allow traffic relief for motorcyclists and to avoid overheating in heavy traffic.
The “Motorcyclists Seasonal Traffic Congestion Relief Act”, sponsored by theMassachusetts Motorcycle Association (MMA), would allow motorcyclists onMassachusetts roads with two or more travel lanes in the same direction, whentraffic is traveling at 10 mph or less, to use the breakdown and access lanes,at speeds NO GREATER THAN 20 mph, yielding to emergency and disabled vehicles,to help relieve traffic congestion and prevent motorcycles from over-heating andbecoming disabled themselves.
In other action, House Bill 1983, submitted at the request of the MMA, wouldprohibit any municipality or the state from banning motorcycles on any public road.
MOTORCYCLES REV UP TO TOP 1 MILLION IN SALES According to a USA Today report,new motorcycle sales last year jumped to their highest level since 1979. Pushed by an increase in female riders and the broadening appeal of motorscooters and other small, less-expensive two-wheelers, sales rose 4.7 percent totop 1 million for the second-consecutive year, according to the MotorcycleIndustry Council.
Top brands in 2003, according to the MIC’s latest available market-share data:
*Honda, with 27.4 percent of sales;
*Harley-Davidson, 23.7 percent;
*Yamaha, 17.4 percent;
*Suzuki, 10.8 percent;
*Kawasaki, 8.7 percent.
The average age of motorcyclists rose to 41 in 2003, the latest available data,from 32 in 1990. Most were married. A third are college graduates, nearly doublethe 1990 number. Baby boomers still “drive the motorcycle market,” whilescooters such as Vespa and Aprilia are popular on campuses and in some urbanareas — accounting for 5 percent of motorcycle sales last year, climbing from3.8 percent in 2003.
WEIRD NEWS: GAS INSURANCE Or maybe it’s a great idea! Car drivers in Germanycan now insure themselves against rising gas prices. For ? 13.80 ($25.50) peryear, an insurance company now offers a policy against gas prices rising by morethan 15 percent. If the price for the chosen type of gas does go up more thanthat, the company will cover the difference in cost. It will pay the pricedifference for up to 2000 litres (520 gal.), writes Bild newspaper. Or maybethey should just buy motorcycles?
QUOTABLE QUOTE: “In the truest sense, freedom cannot be bestowed; it must beachieved.”
Franklin D. Roosevelt, (1882-1945) the thirty-second President of the United States
May 24, 2005
By Bandit |
COAST TO COAST BIKER NEWS
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists
NATIONAL HELMET LAW AVOIDED– Due to quick actions by national and state motorcycle rights organizations and concerned individual riders, an attempt to amend a helmet law requirement into the federal highway bill has been averted.
Just days before Senator Frank Lautenberg (D-NJ) intended to introduce yet another national helmet law mandate as an amendment to the Senate’s version of the transportation reauthorization measure SAFE-TEA (HR 3), word was spread over the Internet and through discussion groups which mobilized bikers nationwide to flood their Senators’ offices with e-mails and phone calls urging them to oppose the amendment.
On Wednesday, May 11, the Lautenberg Amendment to reinstate the federal helmet law that he masterminded back in 1991, which was eventually repealed after heavy lobbying by bikers in 1995, was decisively defeated by a vote of 69-28. The amendment would have diverted a portion of any state’s federal highway funding into safety programs if that state did not have and enforce a mandatory helmet law for all motorcycle riders.
The House of Representatives passed their version of the highway funding bill, H.R.3, the Transportation Equity Act: A Legacy for Users (TEA-LU) by a vote of 417-9 on March 10, including motorcycle safety agenda language and training grant funding, and is now awaiting the Senate to do likewise so that both bills can go to conference committee to iron out any discrepancies and then on to President Bush for his signature or veto. Congress is currently on their 6th deadline extension to enact a highway bill, and the deadline for completion is May 31st.
MISSOURI RIDERS CLOSER TO HELMET FREEDOM– State representatives have given approval to a bill (SB 221) that would repeal the law that requires all motorcyclists to wear helmets, and would allow cyclists over 21 the option to wear a helmet if the law would pass.
The repeal of the mandatory helmet law is part of a larger bill that deals with several transportation issues. Part of the measure would allow police to pull over motorists solely for not wearing seat belts. The House approved the helmet provision but disagrees with the Senate on whether the seat belt provision should be included. The legislative session ends soon, however, and there may not be enough time to resolve the differences.
NEW YORK SEEKS MODIFICATIONS TO HANDLEBAR HEIGHT LAW– Custom motorcycle maven Paul Teutul Sr. has a reason to smile under his Fu Manchu mustache. The New York state legislature is considering a bill to allow motorcycle handlebars to be as a high as a rider’s shoulders. Now, they can only be 15 inches above the seat.
Teutul, owner of Orange County Choppers and star of the Discovery Channel’s hit show “American Chopper,” told the New York Daily Star that the bill is “great,” even though the bill doesn’t go as far as he’d like. He prefers a ride with handlebars over his head.
“I like ape hangers,” Teutul said, referring to the high handlebars. “It’s actually a really comfortable ride and it really doesn’t change the handling.”
ABATE of New York activist Larry Schwartz said the 15-inch restriction was put in place in the 1960s to give police a reason to pull over “outlaw bikers” on choppers. “It was just an easy way to stop anybody they wanted, but it has nothing to do with ergonomics or the comfort or safety of motorcycles.”
Assemblyman Ron Canestrari, an Albany County Democrat and Assembly sponsor of the bill, said a shoulder-high limit makes more sense.
“It is more popular with the motorcyclists, more consistent with the newer motorcycles, some of which are custom-designed, and there are no safety hazards posed by it, which is the most important thing,” Canestrari said. The bill also has majority support in the Senate.
Teutul said he was once ticketed in New Hampshire for his high handlebars, but police in New York have never bothered him. “They’re pretty cool about it,” he said.
KEYSTONE BIKERS PRESS SAFETY ISSUES ABATE– of Pennsylvania is working in conjunction with the Pennsylvania Department of Transportation to distribute safety messages to road users.
“The ABATE office received a call Mark Jeannette, a manager at PennDOT, who informed us that they have two new cards very similar to what we suggested, that will be put in with the new registrations for automobile operators and motorcycles and others,” explains John Mullendore, ABATE of Pennsylvania Legislative Coordinator and a member of the NCOM Board of Directors.
The one is entitled, “Drive Aware – We’re Out There” and the other is “Sharing the Road with Motorcycles and Automobiles”. It has safety tips for drivers on how to look for motorcycles and how to drive once they see us.
They are ready to go to print and then start inserting the 2-sided cards into the registrations.
“Since we have had so many legislative victories it seems PennDot is finally giving us the respect we deserve,” says Mullendore. “Looks like another positive step for motorcycle safety and awareness.”
In separate legislative action, Mullendore reports the introduction of Pennsylvania House Bill 901by Representative Kerry Benninghoff to amend Title 75 of the Pennsylvania Consolidated Statutes by adding a section 4310 to read – “Auxiliary lighting may be added to a motorcycle to protect the driver, including blue dot illumination, standard bulb running lights and various colors of valve stem caps, light-emitting diode (LED) pods and strips, light wire, neon tubes and strobe lights.”
The newly proposed lighting measure would allow other drivers to see motorcycles moreclearly, says ABATE Lobbyist Charles Umbenhauer. “Visibility’s always been a problem,” Umbenhauer said. “Whenever there’s an accident, the first line of defense is always, ‘I didn’t see him.”
State Rep. Kerry Bennighoff, R-Bellefonte, proposed the measure after some motorcycle enthusiasts in his district asked him about it. He said that motorcycles are now allowed to have front and rear lights only. While he still thinks it’s a good idea to allow for more lighting, heacknowledges that the bill will probably end up altered to prohibit any moving or flashing lights that might prove a distraction. If it ends up passing in a form that simply allows some lighting on the side to better enable drivers to see motorcycles, that will be fine by him. “If it helps to make them more visible at night, why not?” he said.
ARKANSAS PASSES ROW LEGISLATION, RED LIGHT LAW — Arkansas 85th General Assembly successfully passed two key pieces of pro-motorcycle legislation this session.
SB993 introduced by Jim Holt (R – Springdale) entitled “An Act to Levy Additional Penalties for Violations of the Rules of the Road that Involve the Failure to Yield to the Right-of-Way” that adds additional fines and penalties against a person who is guilty of a right-of-way violation causing an accident that results in injury or death.
They also had signed into law legislation authorizing motorcycles to proceed through controlled red lights if they can’t trip the pressure plates, similar to legislation recently passed in Tennessee.
HB2833 introduced by Representative Mark Pate (D) (Bald Knob), will “…Allow the drivers of Motorcycles to Proceed Through an Intersection Controlled by a Traffic-Control Device Under Limited Circumstances”. If a driver of a motorcycle approaches an intersection that is controlled by a traffic-control device, the driver may proceed through the intersection on a red light if the vehicle sensor fails to detect the motorcycle.
“Not since March 12, 1997 when Arkansas bikers amended the helmet law has pro-biker legislation been introduced,” says Ginger Lewis of ABATE of Arkansas and Ride Free Arkansas PAC. “Many thanks to the Ride Free Arkansas PAC for actively soliciting legislators to present the legislation as well as the support of the members of Arkansas Bikers Aiming Towards Education (ABATE) who took action when time came to call on their senators and representatives for support and passage.”
ARIZONA EXEMPTS MOTORCYCLES AND CLASSIC CARS FROM EMISSION TEST– Motorcyclists and old-car fanatics were cheering recently over legislation signed by Arizona Governor Janet Napolitano to exempt motorcycles and collector cars from emissions testing.
The Arizona Republic newspaper reports that the bill allows vehicles 15 years or older to forgo the emissions tests in Maricopa and Pima counties, but only if they carry special collector-car insurance, which has stipulations on annual mileage and use. The bill also exempts motorcycles from testing in Pima County, but not Maricopa County.
House Bill 2357 was based on a recent study by the Arizona Department of Environmental Quality that concluded that such vehicles have “negligible impact” on air quality and would not affect clean-air efforts in the Phoenix and Tucson areas. The bill was approved unanimously in the House and Senate.
The plan now goes to the federal Environmental Protection Agency for final approval.
Motorcycle groups such as ABATE of Arizona, the Modified Motorcycle Association (MMA) of Arizona and the Arizona Confederation of Clubs had joined old-car hobbyists in backing the legislation, hoping to get their vehicles exempted from what they call unfair and unnecessary emissions regulation.
In Pima County, where only 6,200 motorcycles are registered, the study found no problem with exempting them. But the DEQ study found that the 22,000 motorcycles registered in Maricopa County contributed a small but statistically significant amount of pollution to the Valley’s air, and thus the Phoenix area remains one of the only places in the U.S. where motorcycles must pass emission testing.
“This is a big step in the right direction and we’ll go back next session and get motorcycles in Maricopa out also,” said Bobbi Hartmann, a lobbyist for the motorcyclist groups in Arizona.
SUNDAY BIKE SALES OKAY IN MICHIGAN– The Michigan Secretary of State has clarified a murky measure which now allows purchases of motorcycles on Sundays, after dealers complained.
Since the end of January, motorcycle dealers have been keeping sales reps home and cordoning off their showrooms with yellow caution tape, some even refusing to discuss prices with Sunday customers.
The crux of the confusion was a Michigan law dating back to 1953 that was changed to crack down on unlicensed car wholesalers. Public Act 495 has been on the books for more than 50 years and was enforced by the Department of State and county prosecutors. But some dealers found it a bit murky even before the recent rule change. Some motorcycle dealers would complete most of a sale on Sundays, but wouldn’t deliver bikes on that day, just to be safe.
The reason? An update to the state’s Public Act 495 not only continued a longstanding ban on “any attempt to buy, sell trade, or exchange any motor vehicle” on Sunday, but also ratcheted up the punishment, calling for the Secretary of State to strip dealer licenses.
The 2004 changes to the law — which took effect Jan. 31 — seemed pretty black-and-white: no sales on Sunday. But that wasn’t the intent of the law. The Detroit Automotive Dealers Association lobbied for the new restrictions to limit automotive wholesalers, who did not have to be licensed before the changes.
Now, however, the Secretary of State’s office has put motorcycle dealers back in “H.O.G.” heaven on Sundays, posting clarifications to the law on the state Web site after inquiries from The Detroit News. Under a frequently asked questions section on the law, the query, “Can a dealer sell motorcycles on Sunday?” is answered with an unequivocal “Yes. Motorcycles can be sold on Sunday.”
WEIRD NEWS: EXPLOSIVE SITUATION– Heidi Brown was told she could park her new scooter outside the vehicle registration office in London while she waited to get number plates. But to her horror, it was blown up by the army after someone reported that it might be a bomb.
Police in Ipswich confirmed that a moped had been blown up in a controlled explosion after local business people “raised concerns” that it could be a bomb.
“The moped was chained to the perimeter fence outside the building. We weren’t able to identify whose vehicle it was because there were no number plates on it,” said a spokeswoman for Suffolk police. She said the surrounding office buildings were evacuated and three roads were closed off.
The Daily Telegraph newspaper reported the scooter belonged to Brown, a 22-year-old care worker, who said she had been told she could leave it there awaiting inspection.
NCOM CONVENTION SWINGS THROUGH MUSIC CITY– Near-record numbers of motorcyclists rights activists converged on the Sheraton Music City Hotel in Nashville, Tennessee over Mothers’ Day Weekend to learn, share and network for the betterment of biking nationwide.
Approximately 1,200 bikers registered for the 20th annual NCOM Convention, overflowing the host hotel and swelling over into neighboring hotel rooms. Attendees came from virtually every state, and represented most MROs and Confederations of Clubs across the country, crowding meeting rooms and hospitality functions throughout the weekend of May 6-8.
Highlights of the 3-day conference included an appearance by former U.S. Senator Ben Nighthorse Campbell, a long time member of the NCOM Legislative Task Force and a stalwart supporter of bikers’ rights during his tenure in the Senate. South Dakota Representative Jim “Putt” Putnam entertained the crowd as the dinner speaker during the Silver Spoke Awards ceremony on Saturday evening with his homespun humor, and Wisconsin Senator Dave Zien was scheduled to address the Convention but dislocated his shoulder when he slipped while starting his bike in a Wisconsin parking lot while leaving a legislative meeting and was unable to attend?though he was back to work the following day.
The NCOM Legislative Task Force also welcomed Oregon State Senator Gary George as the newest biker-legislator to join the LTF.
This year’s agenda was packed with meetings such as the NCOM Board of Directors Meeting, NCOM Legislative Task Force Meeting, A.I.M. Attorney Conference, Christian Unity Conference, Women In Motorcycling, SMRO Presidents’ Meeting, and the ever-popular Confederation of Clubs General Patch Holders Meeting. Seminars were held on the PATRIOT ACT and pending gang legislation, as well as Insurance “Nuts and Bolts” and a one-on-one with NCOM Legislators.
Slider Gilmore’s always informative and entertaining “Two-Wheel Trauma” seminar taught bikers how to save each others’ lives, followed on late Saturday afternoon by an Anti-Discrimination Skit called Dip Dan Dinkle aptly performed by the High Point Players of CBA/ABATE of North Carolina.
Silver Spoke Award winners honored during the Saturday evening banquet were MEDIA: Randall Wilson for his film “American Biker”; ENTERTAINMENT: Emmy-winning television news commentator “Tattoo Gypsy”; GOVERNMENT: former legislator and current ABATE of Minnesota lobbyist Tom Workman; LEGAL: Georgia A.I.M. Attorney Jerry Abendroth; and special recognition awards were presented to MMA of Arizona lobbyist Roger “Priest” Hurm; Kim Adams of ABATE of Georgia; and ABATE of Florida office manager Elizabeth “Boots” Buchholz. The Ron Roloff Lifetime Achievement Award was given to Dennis “Big D” Watson, a founder of ABATE of New Mexico and longtime NCOM board member.
Many thanks to the Concerned Motorcyclists of Tennessee (CMT/ABATE) and the Tennessee Confederation of Clubs for hosting this twentieth annual gathering of motorcycling activists. Thanks also go out to the Tennessee COC and Soldiers for Jesus M/C for hosting Hospitality Suites during non-meeting times throughout the weekend.
The 2005 NCOM Convention was dedicated to the memory of Jack “Bear” Grider, Indian Larry, Dave Mann and Al “Crash” Cook.
Next year’s NCOM Convention will be hosted by the Kentucky Motorcycle Association (KMA/KBA) and the Confederation of Clubs of Kentucky, May 11-13 at the Executive Inn in Louisville, Kentucky. For more information, contact NCOM at (800) 525-5355.
QUOTABLE QUOTE: “If we desire respect for the law, we must first make the law respectable.”
U.S. Supreme Court Justice Louis Brandeis (1856-1941)
April 27, 2005
By Bandit |
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists
FEDERAL HIGHWAY FUNDING BILL ON THE MOVE AGAIN — Following six deadline extensions since October 2003, the massive federal highway funding bill is on the move again, this time passing the House on March 10th by an overwhelming 417-9 vote.
The House version, H.R.3, the Transportation Equity Act: A Legacy for Users (TEA-LU), contains several motorcycle safety provisions including providing federal grant money to promote rider training and motorcycle awareness.
With the current extension expiring on May 31st, the Senate has yet to introduce their version of the comprehensive highway funding bill. Once the Senate passes their own highway bill, both measures will go to a conference committee to iron out any differences and then would go to the President for his signature or veto.
In other news from the Capital, Senate Bill S.577, the HIPAA Recreational Injury Technical Correction Act (Senators Susan Collins R-Maine and Russ Feingold D-WI) “To promote health care coverage parity for individuals participating in legal recreational activities or legal transportation activities” was re-introduced on March 9 and is essentially the same bill as last year. S.577 would close a loophole that allows health insurance providers to deny medical coverage to insureds who are injured while participating in so-called “risky activities” such as motorcycling, snowmobiling, skiing, horseback riding and other legal activities. The Senate passed similar legislation last session, but time ran out before the House of Representatives could act on it.
MOTORCYCLE CLUBS OPPOSE PATRIOT ACT– Sacramento, April 9, 2005 (AP) — The Northern California Confederation of Clubs, representing 41 motorcycle clubs – including the Hells Angels and the Vagos – is asking its members to send letters to their senators opposing the USA Patriot Act. They also oppose California’s Gang Abatement Act and a similar measure now before Congress (S 155, HR 970), according to an article appearing in the Las Vegas Review-Journal.
According to Nick Vales, a Vagos member and founder of the Sacramento Bill of Rights Society, the California Justice Department classifies Hells Angels and Vagos as “motorcycle gangs” and treats them the same as street gangs. Critics call this a form of group profiling.
“We are not a gang,” said Vales. “Last year we raised money for Christmas presents for the kids at the Sacramento Children’s Receiving Home and donated $1,000 to a school for disabled children in Auburn. In August we sponsor a campout for our own kids.”
The federal legislation contains several provisions similar to the Patriot Act, but unlike the Patriot Act, these provisions don’t have a “sunset clause,” i.e. they are not subject to periodic review and possible expiration. “If they lose those parts of the Patriot Act, they will still have them in the gang law,” Vales said.
Under the California Gang Abatement Act, a misdemeanor charge (“like spitting on the sidewalk,” said Vales) automatically becomes a felony if you are identified as a gang member, and a six-month sentence can be increased to five or 10 years. It also becomes a strike against you under California’s Three-Strike law.
People are being coerced by the threat of long sentences to sign a statement admitting to being a gang member. “This would make me a ‘person of interest’ under the Patriot Act,” Vales said.
“Because of the vagueness of the legislation, if I go to see my brother in Chicago, I can be charged with money laundering because I take cash across a state line and am identified with a motorcycle club.”
“Our club also has ties in other countries, such as Mexico and Japan,” Vales said. “If I give a club brother in Mexico $100, I could be charged with supporting terrorism in another country. Even collecting dues for any club or association can be called money laundering.
“As a young man I volunteered for the military,” he said. “Now they are trying to tell me what to wear, who I can associate with, what causes I can fight for. We’re trying to educate all our people that they have rights and should stand up for their rights.”
BIKERS LOBBY AGAINST NEVADA HELMET LAW– Motorcyclists showed up in force in Carson City to back a bill that would let them ride without helmets if they’re at least 21 years old. Senate Bill 151, sponsored by Sen. Bob Beers, R-Las Vegas, would remove the helmet requirement for adults who have been riding for at least a year and who have completed a state-approved motorcycle safety course. Also, passengers over 21 wouldn’t have to wear helmets.
“We believe that the real issue is freedom of choice, and there is a double standard,” said Rick Eckhardt, a Reno-area resident who questioned why skiers, horseback riders and rock climbers don’t have helmet requirements. Eckhardt of the Northern Nevada Coalition of Motorcyclists told the Senate Transportation and Homeland Security Committee he would still wear his helmet 95 percent of the time, but would like the option not to “when it’s 114 degrees in Las Vegas.”
Beers said 26 states have some sort of helmet law depending on the age of riders, four have no law, and 20 states and the District of Columbia require helmets of all riders.
“I’m not a motorcycle rider. To me this is not about obviously having the wind blow through my hair, but instead about personal freedom and liberty,” said Beers who doesn’t have a full head of hair. “My concern is that when the government mandates a helmet, it propagates the myth that government can be your parent.”
“Education is the key, not helmets or insurance,” said Donald Boyer, senior director of Motorcyclists for Nevada. “Let me ask you: If we took all of the motorcycles off the road today, could we close down just one hospital? I wouldn’t think s
AUSTRALIAN POLICE WANT TO BAN BIKER PATCHES — Police Commissioner Karl O’Callaghan wants laws toughened to crack down further on outlaw “bikie gangs”. The police legal services team is reviewing possible legislation, including that affecting bikers, and Commissioner O’Callaghan will take his proposals to Police Minister Michelle Roberts within weeks, according to March 13 The Sunday Times.
South-West district Supt. Ron Randall wants the reforms to include a ban on bikers wearing their colors in public. And they should be stopped from riding in groups bigger than four when moving between towns, he said.
“All I’m saying is that the environment may now be conducive to some debate on this issue, whether or not there is a need for reforms and separate legislation, and whether or not this is viable,” he said.
Reforms that might result from such debate would benefit the community because police resources now used to deal with “bikies” could be used elsewhere, he said.
TROOPER TELLS 911 CALLER “TOO BAD” — A Connecticut state trooper was suspended for 15 days without pay after he was recorded on a 911 tape saying “too bad” to a caller seeking help for a man injured in a motorcycle accident, reported the Associated Press on March 22, 2005.
State police said the dismissive answer caught on tape by Trooper Robert Peasley did not affect the response time to the accident involving Justin Sawyer, 21, who died of a severe head injury a week after the accident last August.
Russell Shepard, a friend of Sawyer’s, called 911, which was routed to the state police barracks in Montville, CT. When he reported the accident, officer Peasley said, “Yeah … too bad,” and hung up, according to the audio tape obtained by WTNH-TV.
Shepard said he was shocked, believing he had reached a wrong number. So another friend made a second call. “Yeah,” the officer responded. “Help will get there. Shouldn’t be playing games.”
A third emergency call was finally answered by a different dispatcher, who asked about Sawyer’s condition and advised those nearby not to touch him.
“I am absolutely outraged every time I hear that ‘too bad’ and then click,” said Sawyer’s father, Jim Sawyer. “I only know that I would have felt a whole lot more comfortable if I had heard people responding on the end of that 911 call with some heart and caring.”
State police said the comments by Peasley, an 18-year-veteran, were unprofessional, and the agency apologized if “our actions added to the family’s pain.”
WEIRD NEWS: HYDROGEN-POWERED MOTORCYCLE IS TOO QUIET– The world’s first hydrogen-powered motorcycle has been launched in Britain. It can reach 50mph in 12 seconds, produces no emissions and is as quiet as a laptop computer – but that could be a problem. While anti-noise groups welcome the prospect of a quiet motorcycle, engineers are considering adding an artificial “vroom” as they worry its silence might be dangerous.
Harry Bradbury, chief executive of manufacturer Intelligent Energy, said: “There has never been a silent bike produced, so no one is used to it.” As it goes forward towards production, we’re going to give thought to some light noise modulation.” He is planning to introduce an artificial engine noise which could be used in an urban setting to alert other road users but switched off in the countryside to allow for a peaceful ride. The bike is powered by a briefcase-sized cell filled with high-pressure hydrogen, which needs to be refilled every 100 miles.
MAY IS MOTORCYCLE AWARENESS MONTH —and a member of ABATE of California has suggested a new driving game to promote awareness of motorcycles sharing the road with other vehicles.
Most of us grew up in the back of mom and dad’s car playing driving games such as “slug bug” or “punch buggy” when you’re the first to spot a VW “bug” on the road, or more recently “Cruiser Bruiser” for kids who see a PT Cruiser cruising alongside the family sedan.
Cathryne Darmer of ABATE of California suggests a new twist on the old road games with “Chopper Chop”; where the first one to notice a motorcycle gets to render a harmless karate chop to the leg of their traveling companion. The idea is to teach kids to play the game and instill awareness of motorcycles in traffic. Adds a new meaning to “Look Out For Motorcycles!”
MUSICAL “THE RIDE” DEPICTS RUN FOR THE WALL– As Memorial Day looms closer and riders across the country plan their annual trek to Vietnam Veterans Memorial in Washington, D.C. on May 29 for Rolling Thunder, perhaps a side trip to West Springfield, Massachusetts is in order. A musical that portrays the emotional aftershocks of the Vietnam War will be presented by the Theater Project at the Majestic Theater entitled “The Ride,” an original work by Theater Project founder Danny Eaton and Majestic Theater Music Director Mitch Chakour, which will run April 21 – May 29 at the 230-seat theater.
Described as “a patriotic love story – with motorcycles!” the story focuses on a successful engineer who decides to take his first Memorial Day weekend journey to the Vietnam Veterans Memorial Wall. Eaton, a Marine Corp veteran who served from 1965 to 1970, participated in his first Run for the Wall in 2003. He acknowledges what he calls “the unquestioning sense of brotherhood among all military vets,” but notes that Vietnam veterans “kept P.O.W./M.I.A. issues top-of-mind more than any other group of vets. This play is a tip of the hat to their nobility.”
“The Ride” will be directed by Zoya Kachadurian. Mitch Chakour composed the score. Eaton and Chakour wrote the lyrics. Tickets for the play range from $17 – $25 and can be ordered by calling the box office at (413) 747-7797.
(NOT SO) QUOTABLE QUOTES:– “They are the scourge on our highway. They are an epidemic..They continue to clog the trauma centers of America.”
Dr. Jeffery W. Runge, Administrator
National Highway Traffic Safety Administration (NHTSA)Referring to motorcyclists in a speech during the Safety Awards Luncheon at the annual Lifesavers Convention in Charlotte, NC
– March 14, 2005
March, 4, 2005
By Bandit |
COAST TO COAST BIKER NEWS
Compiled & Edited by Bill Bish, NCOM
HIGHWAY FUNDING BILL REINTRODUCED– The new Surface Transportation Bill, H.R. 3, a reincarnation of last year’s highway package that failed to pass Congress due to budget impasses, was introduced in the U. S. House of Representatives on February 9th and will take up where prior Congressional negotiations left off.
This time around, the House version of the highway reauthorization legislation includes similar motorcycle-friendly language contained in last year’s Senate proposal; including the establishment of a Motorcyclist Advisory Council to “coordinate with and advise the Administrator (of the Federal Highway Administration) on infrastructure issues of concern to motorcyclists”; a call for the completion of a motorcycle accident causation study; and would establish grants for motorcycle safety and awareness efforts.
The House bill authorizes $299 billion to fund highway projects for the next six years.
Last year, House and Senate conferees were unable to hammer out a compromise that would appease both chambers and the White House, as President Bush threatened to veto any package over $256 billion.
The Senate version of the bill has yet to be reintroduced.
NORTH CAROLINA MAY BAN CHILDREN ON MOTORCYCLES– Representative Nelson Cole introduced a bill in the North Carolina legislature, HB-39, which would make it illegal for anyone under the age of 10 to ride as a passenger on a motorcycle.
“This has nothing to with helmets – they just can’t ride at all,” said Sam Nobles, State Legislative Officer for CBA/ABATE of NC and Lobbyist for NC BikePac. “If you have been complacent about getting involved in bikers’ rights, this one ought to wake you up! How would you like to explain to your child or grandchild that you can no longer take them for a ride, because your government doesn’t think you are responsible enough to make decisions for your own family?”
So far there is only one sponsor to the bill, and CBA/ABATE of NC is asking help from bikers across America to help shut this bill down now. “Our goal is to generate enough e-mails and phone calls to Rep Cole to shut this down before he has time to get cosponsors,” said Cotton Tedder, President of CBA/ABATE of NC and member of the board of the National Coalition of Motorcyclists (NCOM).
You can contact Representative Nelson Cole at Nelsonc@ncleg.net or phone (919) 733-5779. Remember to be polite and considerate, but let him know your views about kids being able to go riding with their parents.
PENNSYLVANIA CONSIDERS BAN ON “SELF SERVE” GAS– The Keystone State is considering legislation that would prohibit self-service gas stations. House Bill No. 73, dubbed the Gasoline Station Dispensing Safety Act, which states in part: “The General Assembly finds and declares as follows:Because of the fire hazards directly associated with dispensing fuel at a fuel dispensing facility, it is in the public interest that gasoline station operators have the control needed over that activity to ensure compliance with appropriate safety procedures, including turning off vehicle engines and refraining from smoking while fuel is dispensed.”
“When customers, rather than attendants, are permitted to dispense fuel, it is far more difficult to enforce compliance with safety procedures.”
“Exposure to toxic gasoline fumes represents a health hazard when customers dispense their own gasoline, particularly in the case of pregnant women.”
“The significantly higher prices usually charged for full-service gasoline in states where self-service is permitted results in discrimination against low-income individuals, who are under greater economic pressure to undergo the inconvenience and hazards of dispensing their own gasoline.”
The bill goes on to prescribe penalties for “non-authorized users” and stations that do not comply, and describes training and certification of attendants to qualify them to pump your gas.
“In my opinion, this bill is an answer to a question nobody asked!,” said John Mullendore, Legislative Coordinator for ABATE of Pennsylvania and a member of the board of directors of NCOM. “Let your representatives know that this is not a good idea especially with motorcycles. I will fill my own thank you.”
Currently only the state of New Jersey prohibits “self-serve” gas pumps. Oregon bikers won exemption from such a law in 2001, winning their right to pump their own gas thanks to the legislative efforts of BikePAC, ABATE of Oregon and Oregon Aid to Injured Motorcyclists (AIM) Attorney Sam Hochberg who helped draw statewide attention to the problem.
HONDA PLANS TO DEVELOP AIRBAGS FOR MOTORCYCLES– Japan’s Honda Motor has launched research into developing the first safety airbags that could be mounted on motorcycles, reported the mass-circulation newspaper Yomiuri Shimbun.
Japan’s largest motorcycle manufacturer aims to commercialize motorcycle airbags in about three years, the paper reported on January 5, 2005 without citing sources.
Honda plans to develop an airbag that will fit under the handlebars and protect the driver from the head to lower back when it is opened in the event of an accident, it said.
No immediate comment was available from Honda.
Honda wants to commercialize the product after finding ways to minimize production costs and working out the best suitable shape of the airbags, the daily said. The newspaper said that the technology had been offered before, on BMW motorcycles, but it had proved too costly at more than $2,000 for most buyers.
ARIZONA MULLS EMISSIONS TESTING FOR MOTORCYCLES– Arizona is currently the only state to require motorcycles to pass emissions-testing, which are required only in Pima and Maricopa Counties as part of the state’s clean air plans. But that may soon change as collectible-car and motorcycle enthusiasts are nibbling away at the state’s vehicle-emissions policy, successfully arguing that they should be exempt from the vexing test because they barely put a dent in air quality.
A state study backs them up, although only for the 6,200 motorcycles registered in Pima County, where Tucson is located. The 22,000 motorcycles in more populated, and polluted, Maricopa County, home of the city of Phoenix, would not get the same pass.
However, motorcycle and collector-car enthusiasts say they see House Bill 2357 as the first step in efforts to exempt their vehicles entirely from the test, regardless of location.
A study done by the Arizona Department of Environmental Quality concluded that a blanket exemption would harm the clean-air plans in the Phoenix and Tucson areas. But certain groups would have only a “negligible impact” if they were exempted.
Bobbi Hartmann, a lobbyist for ABATE of Arizona, is hoping to persuade lawmakers this year to exempt all motorcycles. The MMA of Arizona and the Arizona Confederation of Motorcycle Clubs agree, and are also lobbying for passage of the emissions exemptions.
Arizona, she said, is the only state that tests motorcycles and the test, she argues, gives a skewed picture of emissions since it’s done only when motorcycles are idling, and air-cooled engines don’t run clean at idle, making it difficult for them to pass emissions testing.
“The two big things, looking at the big picture as far as emissions, is that motorcycles are absolutely nothing,” Hartmann said. “And the fact that they’re testing only under idle is unfair.”
The bill, which won unanimous support from the House Environment Committee, later passed by a near-unanimous vote on the House Floor on February 2nd and will be taken up next in the state Senate.
NEW MEXICO GOVERNOR SUPPORTS LID LAW FOR ATV RIDERS– Governor Bill Richardson has pledged his support for an all-terrain vehicle (ATV) safety bill that would require riders younger than 18 to wear a helmet and eye protection and pass a training course.
SB 252 would also establish a fee that would both pay for the training and be used to establish new ATV trails and recreation areas, require adult supervision for all riders 12 or younger and prohibit passengers on vehicles that are designed for one rider.
Richardson said 62 New Mexicans have died as a result of ATV crashes in the past 10 years. A quarter of them were 18 or younger, according to a University of New Mexico study.
A similar bill passed in the Senate last year but died in the House when time ran out on the 30-day session.
LONE STAR BIKERS FIGHT HELMET LAW– Okay, so Texas was one of a handful of states to recently rescind their states’ mandatory helmet law for adult riders, but in order to ride lidless a rider must be at least 21 and complete a safety class or carry a minimum amount of medical coverage.
Those requirements may change now that a state lawmaker has introduced legislation to allow anyone 21 and older to ride without a helmet, regardless of safety training or health care insurance.
Proponents feel they have a right to decide whether or not to wear a helmet, especially on hot summer days, but opponents of the measure fear that further weakening the helmet law could result in more fatal accidents. Now it’ll be up to the legislature to decide.
CHANGING GEARS– When Fox Cable Networks Group re-launched Speed Channel in February 2002, executives thought that devoting two-thirds of their scheduling to fast-moving cars and a few motorcycle races were all the network needed to draw viewers. Now the head honchos are changing gears.
The network has gained more than 20 million subscribers, and now reaches 63.3 million homes, but ratings gains have not equaled the expectation that a growing nationwide interest in Nascar would deliver a big audience boost.
This February, Speed Channel hopes to do better by pushing past its car racing roots to, among other things, launch a new reality series for those who like to watch a good bike build. Only this time it’s not Jesse James or OCC wrenching on a fabulous putt, it’s just Joe Average.
“Build or Bust” is billed by Speed Channel as being a little different than typical reality shows. The customization occurs on motorcycles, and regular Joes rather than specialists do the work. The series, which premieres February 23, gives motorcycle enthusiasts all the tools to build the bike of their dreams in 30 days. If the task is completed, the builder keeps the bike. If not, they get nothing.
QUOTABLE QUOTE:– “The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs and comes short again and again, who knows the great enthusiasms, the great devotions, and spends himself in a worthy cause; who at best, knows the triumph of high achievement; and who, at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who know neither victory nor defeat.”
Theodore Roosevelt, “Citizen in a Republic”, April 23, 1910
FROM THE GUNNY SACK–
We are always talking about getting our biker people elected to the legislatureand other elective offices in our states. This is a good thing, but it isn’t allthere is to it.
A good friend of mine, Clark Brooker, is working on a bill to present to ourlegislature and he is looking for a sponsor to get it considered. He is lookingat the left turn signals and other electronically-driven traffic lights thatdon’t trip for motorcycles.
He says, and I agree, that bikes should not have to sit all day waiting for thelight to change when it’s obvious it won’t change unless a CAR hits the rightspot on the road. He proposes that after the second or third cycle of thelights, the bike should be permitted to proceed through the light with caution.This doesn’t automatically allow the biker to ignore the light, but it gives usa practical solution!
What’s interesting is that ONE PERSON can do this, with some spare time and alot of energy. We can do much to preserve our rights and freedoms just bygetting involved in the processes that govern this land. It’s easier than you think!
The battle over whether or not to be forced to wear helmets when we ride isn’tthe only fight. I agree, we should have the choice and I will fight for thatright as long as there is breath in my body, but I’m not against wearing a lid.I wouldn’t for the world deny people the CHOICE. I think there are a lot ofissues out there we need to deal with that are just as important. The wholereason we have this country to live in is the folks who went before us neededthe freedom of choice in their lives just as much as we do, and they paid dearlyfor us to have those liberties.
ALL MOTORCYCLISTS INVITED AND WELCOME! MAY 5-7, 2005.This year’s National Coalition of Motorcyclists Convention is to be held inNASHVILLE, TENN., folks. It will prove to be one of the best yet, for sure. Roomreservations can be made at the Sheraton Music City Hotel at 777 McGavock Pike,Nashville, Tenn 37214. Call (615) 885-2200. The special rate is $79.00 per nightsingle or double. You get the rate by mentioning you are attending the NCOMConvention. After the end of March you will have to pay the full amount becausethe special rate will end then. Make sure you don’t miss out on this trip. Youcan pre-register for the conference by calling NCOM at (800) 525-5355. Theseminars will be the best and the party won’t be forgotten for many moons. Therewill also be a National Confederation of Clubs meeting you just don’t want tomiss. I’ll see you there.
NEWSBITS ‘N’ PIECES: DAKAR: Marc Coma of Spain won the Dakar cross country racefor motorcycles. The race this year took two bikers’ lives, so it was animpressive win of one of the world’s most difficult races.The Dakar rally covers 5,566 miles of some of the most treacherous terrain inthe world, from Barcelona Spain to Dakar Senegal. I think I’ll park my ‘Wingthis year, so I don’t show up all those racers.
MALTA, N.Y. Starfire Inc, Manufacturer of motor products has a new ceramiccomposite disc brake system that is drawing high praise from Jason DiSalvo, oneof the world’s foremost motorcycle racers. The system is comprised of a newlightweight brake pad and rotor system that even improves fuel mileage
Starfire is a leader in improving motor vehicle performance with innovativeimprovements in design and operation of many components of motor vehicle partsform autos to trucks to motorcycles. The braking systems will be available formotorcycles early this year.
KEIZER, OREGON: The cops are at it again in this small town that’s grown into asuburb of Salem. Our Oregon AIM attorney, Sam Hochberg, is doing a pro bono (forfree) case down there for around THIRTY Gypsy Joker MC folks who were ticketedby some over-zealous officers. It’s also a project of the Oregon Confederationof Clubs, the COC. It’s the same story Sam keeps running into over the last fewyears: The police see ONE rider who they THINK committed a traffic infraction,and it turns into a citation festival ? or as Sam says, a “fund-raiser” for thetown’s treasury ? when they cite ALL the bikers. Sam’s going to court on itsoon, so we’ll let you know what happens at trial, right here in The Sack.
DANA POINT, CA: Patriot Motorcycles Co. has proven there is a growing market inAmerica for the affordable “Yamoto” off-road bikes, made in China. They tookover distribution last November and in the first 60 days they delivered 1,750units at the average price of $950.00 each. We need to pay more attention to themanufacturers off shore! If you’re interested in selling Patriot bikes, you cancall their Sales Director at (949)488-0434. Who knows? You might make a newcareer with a dealership.
PORTLAND, OR: I looked over a Korean motorcycle in one of our shops here inPortland not that long ago ? Columbia Scooters it was ? and I was impressed atthe fit and finish as well as the good looks of the machine. If you’re in thearea, go check out all the other interesting machines they sell there. They havea 3-wheeler truck with a motor under 200cc’s that can haul a full ton and itsips the gas! They’re made in India, where they use ’em all the time.
ATLANTA, GA: Bluelinx Corp and Orange County Choppers (of TV fame) pulled outall stops for the International Builders Show in Florida and apparently it was ahuge success.
GERMANY: Police in Germany are hunting some folks they think are justpranksters, who have been sticking miniature US flags into piles of dog poop inpublic parks. You know, some people around the world have very little regard forthis country, and they can have their opinions, but THIS kind of thing irritatesme.
German authorities say they don’t know what they will do if the clowns arecaught, because there is no statute that deals with this sort of behavior. Maybethere should be. There are laws that govern everything else, especially in Europe.
WEB-WRECKS: For those who are interested in reading about bike wrecks, there’s awebsite that supposedly collects and links you up to all motorcycle accidentsthat are reported in the papers. It’s interesting to see how folks mess up; butit’s scary when you see the ones you just know could have been you.
Sobering stuff, but it DOES keep this Gunny’s eye on the ball just that muchmore, out on the road. Here’s the site, courtesy of my boss, Sam Hochberg, ourOregon AIM Attorney. He likes to poke around the internet:http://www.wcow.com/html/motorcycle_accident.html . And NO, Sam says he’s doesNOT send out letters to accident victims, like a dozen or so other lawyers dohere in Oregon. Sam’s plate is pretty full anyway. He says it seems prettydamned slimy to send out a letter trying to hustle some poor guy who’s allbusted up. Some states forbid that altogether, but not Oregon.
PORTLAND, MN: David Sharp of the Associated Press brings us this bit of news:Safety experts suspect older motorcycle riders with a lot of disposable incomeare buying more machine than their aging brains and out-of-practice bodies canhandle. Several other groups have come out with similar stuff on us OLDERriders, and I’m starting to get annoyed about it. I may be the exception, butthen I’ve been riding a looonngg time; well in excess of fifty years, and I’mstill doin’ OK. I ride a big bike, too. The difference might be that I takerider ed courses often. It really helps folks, especially with the traffic onthe highways the way it is nowadays. It distresses me to read about all thefolks being killed and maybe for no better reason than lack of preparation whenit comes to getting on their scooters to enjoy life a little more. Please take ariding course if you haven’t ridden for a few years, or if you’re a new rider.It just might save your life and keep your family from losing someone they love.The annual number of motorcycle fatalities among 40-plus riders tripled over thepast decade to 1,674 in 2003, in the USA. That’s way too many of us gone.
HELMET PROTEST in INDIA: Cutting across party lines, elected members of the PuneMunicipal Corp. (PMC) resolved to launch a mass protest against the state’sdecision to make helmets compulsory for motorcycle riders and passengers. We arenot alone in the agitation caused by compulsory helmet laws, folks. These areelected officials protesting what the state says they have to do. KUDOS forthem. I hope it does the job.
GUNNY AGAIN: As always I remind you good people, the AID TO INJUREDMOTORCYCLISTS (AIM) attorneys across this country are the best source of helpthat bikers have when we get ourselves in a nasty accident or any other messdealing with the laws of this land. Use their expertise and be glad they arehere for us. We have enough going on in our lives without trying to get aroundthe insurance companies alone. The number to call is 1-800-On-A-Bike. Visit ’emon the web, at www.On-A-Bike.com or www.AIMNCOM.com . Both’ll getcha there! Youwill get at least some info, or if you need it, good advice.
Keep the round side on the bottom.
Gunny, Oregon’s AIM Chief of Staff
January 23, 2005
By Bandit |
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
TSUNAMI RELIEF Tonight Show host Jay Leno will team up with Harley-Davidson Motor Company to auction off a motorcycle signed by celebrities to benefit victims of the December 26th Asian tsunami that killed over 168,000 around the Indian Ocean, reported ABC’s Entertainment Tonight on January 4, 2005.
HEALTH INSURANCE MEASURE INTRODUCED IN OREGON Although federal legislation to prohibit health care providers from discriminating against insureds who are injured while riding a motorcycle, ATV, or while participating in so-called “risky activities”, was the last bill passed by the U.S. Senate on November 21st, S.423 died just days later when the House adjourned for the session without taking action.
Not content to wait for Congress to act, BikePAC of Oregon has requested State Senator Frank Shields to introduce legislative concepts draft 1068. LC 1068 would close the loophole that allows health insurers to deny medical coverage to motorcycle accident victims.
ABATE of Colorado successfully amended state law in 1997 to make it illegal to deny medical benefits to employees based on their participation in such activities, effectively overriding federal HIPPA regulations.
GANG BILL FILED IN SOUTH CAROLINA State Senators Jake Knotts (R-West Columbia) and Dick Elliott (D-North Myrtle Beach) have pre-filed a bill that would make it illegal to intimidate someone into joining or leaving a gang. A similar bill has been filed in the House.
The legislation defines a criminal gang as five or more people who organize to commit criminal activity, which could include hate groups, motorcycle gangs and terrorist groups.
Steve Nawojczyk, a gang expert from Little Rock, Ark., said the measure is similar to what other states have enacted.
Richland County Assistant Prosecutor David Pascoe said the bill could help better prove a defendant is a gang member. Sometimes, such information is not presented to a jury because the information could be prejudicial, he said.
Knotts has tried unsuccessfully for several years to pass a bill making intimidation of prospective members illegal. Last year, a bill made it to the Senate floor but died without a vote.
NEW HAMPSHIRE BILL WOULD MUFFLE MOTORCYCLES The noise generated by motorcyclists touring the coastline has motivated a group of Seacoast-area lawmakers to file a bill request with the Legislature asking the state to revise the standards for testing motorcycle noise and limiting exhaust systems.
“The communities that have a lot of motorcycle (traffic) on Sunday afternoons are the ones who have an interest here,” said Portsmouth City Attorney Robert Sullivan, who helped draft the bill request after being approached by the police chiefs of Portsmouth and Rye.
It would ban “straight-pipe” exhaust systems, referring to those that don’t have mufflers with noise-reducing baffles. The proposal would prohibit motorcyclists from modifying a bike’s exhaust system to make it louder than the muffler originally installed on the vehicle.
The law also would prohibit motorcycles from generating a noise level measured at greater than 110 decibels. Riders found to be not in compliance with the new standards would be guilty of a traffic violation.
NEW MOTORCYCLES SALES COULD TOP ONE MILLION The motorcycle industry has experienced 12 years of consecutive growth, and 24 percent more units have been sold in the last four years than in the entire preceding decade (1990-1999).
According to Motorcycle Industry Council estimates, year-to-date sales are up 4.4 percent through Fall 2004, marking the 12th consecutive year of growth for the United States motorcycle market.
“Motorcycling today is more mainstream than ever — and the numbers prove it,” notes the MIC. “The new MIC Owner Survey shows that since 1998, there has been a 34 percent increase in the number of motorcycles in use in the United States. Motorcycles are everywhere — in advertising, editorial layouts, movies, television — they’re an iconic representation of freedom and individualism in our American culture.”
In 2003, strong demand generated new unit motorcycle sales of more than 996,000 units, up from 936,000 in 2002. If the current growth rate continues, MIC estimates that 2004 sales of new motorcycles could top 1 million units.
HONDA SALES INCREASE BY A THIRD Japan’s Honda Motor Co, the world’s largest motorcycle maker, reports both its motorcycle production and sales in China are on track to grow by one-third this year, up 38 percent to 1.15 million motorcycles.
Honda predicted its global motorcycle sales will grow by 23 per cent to 10.7 million units this year.
Other Japanese motorcycle groups, such as Yamaha and Suzuki, have also built a strong presence in China which ranks No 1 in both motorcycle production and demand.
Yamaha aims to produce 1 million motorcycles in China by 2005 and increase output to 4 million units by 2010 through collaborations with local partners.
The nation’s motorcycle output is expected to reach 17 million units this year, up from 14.7 million units last year, an official from the China Association of Automobile Manufacturers told China Daily.
Motorcycle output and sales in China climbed by 18.06 percent to 15.54 million units, according to statistics from the association.
The nation exported about 3 million motorcycles during the period, up more than 30 percent from a year earlier.
However, analysts say China’s motorcycle industry remains fragmented and less competitive in development capabilities and technical innovation.
At present, there are more than 120 motorcycle manufacturers in China.
HIGH TECH LICENSE PLATES COME UNDER FIRE IN NEBRASKA One customer complained so much about Nebraska’s new computer-generated flat license plates that an office worker at the motor vehicles office scrounged up traditional steel plates for his motorcycle.
Some say the new plates look flimsy or cheap, other say they look like cardboard, but state officials are lauding the switch to lightweight aluminum plates.
A box of 50 new plates weighs 30 pounds less than a box of the old steel plates, said Beverly Neth, director of Nebraska’s Department of Motor Vehicles. The new plates also are easy to read — with clearer and more defined lines — and have earned approval from state police.
A year ago, Nebraska State Penitentiary inmates began making the flat plates with equipment leased from 3-M Corporation.
The change is a mixed blessing for the prison industry, which puts out all of Nebraska’s license plates. The old process was labor-intensive and kept 35 to 40 inmates busy. The new computer-run process uses about 20 inmates, said John McGovern, superintendent of Cornhusker Industries at the penitentiary.
“That’s the bad news for us, since it is our mission to employ inmates,” he said.
FORMER BASKETBALL STAR SPONSORS MOTORCYCLE RACER Retired NBA star Michael Jordon has turned his focus from hoops to the racetrack as his latest business venture is motorcycle racing, a pursuit that dates to his childhood in Wilmington, South Carolina, he recently told Speed Channel?s “Two Wheel Tuesday.”
Jordan is sponsoring Montez Stewart, a riding buddy in Chicago, and the color scheme for the bikes and leather are classic Carolina blue.
“I want to win,” said Jordon in an interview. “I really want to make a statement about my support of this sport.”
His father was a NASCAR fan and Jordan says he and his brother talked their parents into getting them a mini-bike. “I almost killed myself, but I had a good time. My brother and I shared it. I was primarily the driver because I was the more aggressive one and he rode on the back.”
“When I was 12, we were racing some of the guys in our neighborhood and we took a tumble and got scraped up. And my parents always said that if we got scraped up, we were going to get rid of it, so we got long-sleeve shirts and tried to cover everything up.”
“At dinner, blood started seeping through our shirts and they got rid of the bike a week later. So, that was the end of my motorcycle career until now.”
Jordan says he’s in the motorcycle racing business for the long run. “Every time I go to the race, I have a ball, so I look to be around for a while.”
‘FRISCO NAMED BIKERTOWN USA Motorcyclist magazine has crowned San Francisco and the Bay area as the best motorcycle town in America, and the San Francisco Herald trumpeted the news in a September news story.
The paper said that what makes this place Biker Central is a feeling in the local motorcycle world that the area is, as it is in other walks of life, tolerant of bikers, perhaps even friendly. Motorcycling in the Bay Area is supported by a number of factors, some of them tangible ? like the motorcycle only parking meters sprinkled around the city.
“There can be only one Best Motorcycling City,” wrote Motorcyclist magazine, “and among all the United States of America?s roughly 19,355 incorporated burgs, you can’t beat San Francisco.”
“Great roads, great weather, great shops and great hangouts make the Bay Area a no-brainer as the best place in the U.S. for two-wheeled citizens.”
The also-rans were San Diego, Atlanta, Milwaukee, Phoenix, Minneapolis, Denver, Daytona Beach and Columbus, Ohio.
NCOM CONVENTION REMINDER Don’t forget to mark your calendar for the upcoming NCOM Convention, May 5-7 at the Sheraton Music City Hotel, located at 777 McGavock Pike in Nashville, Tennessee. Reserve your room by April 3rd for the special NCOM rate of $79 single/double by calling (615) 885-2200. Registration fees for the 20th annual Convention are $75 including the Silver Spoke Awards Banquet on Saturday night, or $40 for the Convention only. To pre-register, call the National Coalition of Motorcyclists at (800) 525-5355 or go to
QUOTABLE QUOTE: “I love riding my motorcycle along the Pacific Coast Highway – the freedom of the road and the smell of the sea. That is the California spirit.”
California Governor Arnold Schwarzenegger’s State of the State Address 01/05/2005
QUOTABLE QUOTE TOO: “They’re not going to make me give up my motorcycle, too?”
Newly Elected Indiana Governor Mitch Daniels when asked by the Indianapolis Star about riding his motorcycle now that he’s the new governor.