Hey,
Interesting week ahead, but first consider anything you can do to help disaster victims in our various states. I always trust the American Red Cross, but there are lots of valid agencies. Support our brothers and sisters everywhere, quick.
I can’t imagine what it would be like to lose your home. I’m catching stories about tons of drywall and everything valuable moved up stairs. Then there are the unrelenting government agencies demanding their cut while your house is in shambles. That’s not to mention insurance agencies and dealing with legal shit you have never dealt with before.
Anything we can do will help immensely. Let’s hit the news.
VIDEO OF THE WEEK, MAYBE–
This guy makes too many good and accurate points.
Is this the death of Harley-Davidson?
Watch the 17-minute video and especially listen to what product is being sold to whom.
–Ujjwal Dey
Supreme Commanding Editor
Bikernet Trikes
wayfarer@bikernet.com
MOTORCYCLE RIDERS FOUNDATION NEWS RIDING FREE FROM DC–
Your Weekly Biker Bulletin from Inside the Beltway
Your Motorcycle Riders Foundation team in Washington, D.C. is pleased to provide our members with the latest information and updates on issues that impact the freedom and safety of American street motorcyclists. Count on your MRF to keep you informed about a range of matters that are critical to the advancement of motorcycling and its associated lifestyle. Published weekly when the U.S. Congress is in session.
NEWS FROM THE HILL – RPM Act Making Headway in Congress
This week your MRF was front and center (literally, see the pic below) at a hearing discussing the merits and concerns of the Recognizing the Protection of Motorsports Act (RPM Act), H.R.350. The bill would clarify that the anti-tampering provisions applicable to motor vehicles do not apply to motorcycles used for competition in racing.
The EPA says they have the authority to enforce any modifications (they call it ‘tampering’) you might make to your bike’s emissions system. We say, uhhh, no, you don’t. And we told the Committee that in written testimony entered into the record. Let me know if you want a copy.
The RPM Act would clarify this, which is why we need it to pass. The bill has broad bipartisan support in both the House and Senate, and now we just need a vote. You can help us get there by contacting your Members of Congress and asking them to push for a floor vote. I even made it easy for you. Click the link below and enter your address and zip code to be automatically matched to your elected officials where a pre-drafted letter awaits your signature.
HELP CONGRESS TELL THE EPA TO MIND THEIR OWN BUSINESS BY CLICKING HERE
Also, feel free to share this link and message with all your riding buddies that don’t like to be told what to do.
STATE NEWS – MICHIGAN MAKES US PROUD
This week I talked to one of my favorite MRF-ers. Tom Rahn, aka JINX from Michigan. He wanted to make sure I knew how successful they had been this year in the Michigan legislature. And now I am sharing that with you all. Not only did ABATE of Michigan succeed in getting increased funding for motorcycle awareness education and rider education opportunities, they also lobbied their Governor to sign a bill regarding motorcycle endorsements. Specifically, Public Act 318 specifies that those who operate a motorcycle without a motorcycle endorsement on their driver’s license will pay higher fines. The new law stiffens the penalty for operating a motorcycle without the proper endorsement, helping to ensure both motorists and motorcyclists stay safer on Michigan’s roads. Well-done, Michigan.
Do you have news to share about your state? Shoot me an email and we’ll get the message out
MRF NEWS & ANNOUNCEMENTS – LAST CALL for MOTM & A BRIEF BREAK FROM THE BULLETINS
In addition to the busy week we had with all that happened in Washington, we also are elbows-deep in preparations for Meeting of the Minds. Agenda changes, nailing down breakouts, getting bios, details about the fundraisers, preparing presentations, etc., etc. There were some late nights for your MRF staffers…and not the fun kind!
But, it all culminates in approximately one week in Williamsburg. Tiffany and I are excited to see everyone at this year’s MotM. There will be a few changes we are trying out this year and I am anxious to get your feedback. So don’t be shy (not that you will be) and flag me down to have a chat and tell me what you like and don’t like. I promise to be open to your feedback as long as you promise to be open to mine! I hope to see you all next week.
But for those I won’t see, you’re likely to experience a slight lull for the next 2 weeks in MRF communications. As you know, next week I will be occupied with all things MotM and then directly following that event, I’m off to Vermont to attend my first ever National Association of State Motorcycle Safety Administrators Conference. Between these 2 events I’m likely to run out of time to draft the bulletins, but don’t worry, I’ll be back the first week in October with a wrap up of the events and more news out of our nation’s capital. Until then,
RIDE FREE-
–Megan Ekstrom
Vice-President of Government Affairs & Public Relations
The Motorcycle Riders Foundation
BLUE BIKERNET WEEKLY NEWS for September 14, 2017
I enjoyed it so much my beer got warm. Don’t worry I drank it anyway.
–Kerry McCammon
Kerrymcrider@aol.com
Sullivan, IN
WHAT PIN-UP GIRLS LOOKED LIKE— This is amazing.
–Sam
DON’T SIT DURING THE NATIONAL ANTHEM– I would be willing to say that the assholes that sit during the national anthem would stand for this…
Have a good one!
–Barry G
WEEKEND GUN NUT REPORT– Fairfax, Va. – The National Rifle Association Institute for Legislative Action (NRA-ILA) commends the House Committee on Natural Resources for markup and passage of H.R. 3668, the Sportsmen’s Heritage and Recreational Enhancement (SHARE) Act. Under the successful leadership of Committee Chairman Rob Bishop (R-UT) and Subcommittee Chairman Tom McClintock (R-CA), the SHARE Act now moves to the full U.S. House of Representatives.
“Today marks an important step in protecting the Second Amendment freedoms of America’s hunters and sportsmen and strengthening our outdoor heritage,” said Chris W. Cox, executive director, NRA-ILA. “The SHARE Act will cut burdensome red tape that restricts millions of hunters and sportsmen.”
The bill secures access to Federal public lands for hunting, fishing, and recreational shooting and includes the Hearing Protection Act (HPA). The HPA is an important safety-oriented aspect of the bill that will help protect the hearing of America’s hunters by eliminating expensive and excessive regulations on suppressors. Other key provisions include:
Securing the future of hunting, fishing, and recreational shooting by increasing access to federal public lands.
Reforming of the Firearm Owners’ Protection Act (FOPA), which protects the lawful, legal transport of unloaded firearms.
Strengthening protections for carrying firearms on land managed by the Army Corps of Engineers.
Removing the #ff0000 and antiquated “sporting purposes test”, which opens the door to arbitrary ammunition bans.
Returning wildlife management of the gray wolf back to states adversely affected by rising populations.
“I would like to thank Chairman Rob Bishop and Subcommittee Chairman Tom McClintock for their leadership and critical roles in ensuring committee passage of the SHARE Act. Thanks to their efforts, we are one step closer to the day that all Americans will have better access to our outdoor heritage and the tools that ensure the safety of hunters and sportsmen alike,” concluded Cox.
ANOTHER COMPLICATED SAFETY DISASTOR FROM WASHINGTON–
As mentioned in yesterday’s communication, we had heard rumblings that NHTSA would soon be releasing an updated guidance document concerning autonomous vehicles. As such, today, Transportation Secretary Elaine Chao unveiled a document titled “Vision for Safety 2.0” while in Michigan.
The new guidelines update policies issued last fall by the Obama administration, which were also largely voluntary. Under the previous iteration, automakers were asked to follow a 15-point safety assessment before putting test vehicles on the road.
After a very quick preliminary review, the new guidelines aim to reduce the 15-point safety assessment to a 12-point voluntary assessment. Further, the document suggests states defer safety or performance rules to federal regulators, and recommends that states instead focus on issues such as licensing and registration, liability and insurance.
Most notably, the document AGAIN fails to mention motorcycles and how the technology would interact with this important group of roadway users. This is despite the regulatory comments filed by the Motorcycle Riders Foundations last fall, which called for the Agency to require manufacturers to explain how autonomous vehicles would identify and respond to motorcyclists along with other necessary suggestions.
Also disappointing is that the guidance still remains voluntary and would not be enforced. When pressed, the Secretary suggested that this strategy was appropriate given how quickly the technology changes and that instead, if there were a problem with an automated vehicles, NHTSA would exercise its recall authority.
This lighter regulatory touch is likely a result of advocacy from automakers.
You can review the guidelines here:
https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/13069a-ads2.0_090617_v9a_tag.pdf
Your MRF will continue to advocate for the protection of riders especially as it relates to this technology. We will be responding to the updated guidance with official comments and encourage you and your MRO affiliates to follow act as well. Expect to see a call to action in the coming weeks. Further, we will continue to work with Congress to ensure our concerns are represented in any sort of moving legislation. Stay tuned….
–Megan J. Ekstrom
Vice-President, Government Affairs & Public Relations
Motorcycle Riders Foundation
2221 S. Clark Street, 11th Floor
Arlington, VA 22202
Phone: (202) 725-5471
www.mrf.org
THE ONGOING SOFTAIL REPORT–
I like to get on it here and there but it seems like this guy is hell bent on laying one of these scoots down, hahaha. Just check out how he’s working that poor Heritage and the Deluxe – just cracks me up. Great action shots, though.
Ride Easy,
–Andreas
Midnight Express Motorcycle Company
LAS VEGAS BIKE FEST BIKE GIVEAWAYS–
Join us on Tuesday, September 19 – 11:00am PST on our Facebook Page as we go live to unveil our 3rd Giveaway Motorcycle.
What do you think it will be?
Already announced, the 1st and 2nd motorcycles are..
2017 Harley-Davidson Street Road*
2017 Indian Scout Sixty*
Don’t miss out on the chance to ride away on a brand new motorcycle. Register Today!
*Must be registered and present to win.
QUOTES FROM THE GRAY MOUNTAIN–
I was dreaming my American Dream and decided to watch the movie Tombstone again. As I saw the opening, the gunfights and the dead climax, I wondered about life, love and the universe. I pondered, I oughta be able to define myself within one of these characters. Yes, each character in this movie stands for a man’s identity, a personality, a unique character. Can I be one of them?
Am I the pleasure loving Doc Holliday, spent my life on whiskey and cigars, loyal yet shallow, talented yet weak? Am I gonna go quietly into the night in some hospice run by missionaries?
Am I the angry Johnny Ringo who fights because he has a big empty hole where his soul was supposed to be? Will I never find satisfaction? What is my hatred except hatred of being alive on this god-damned Earth?
Am I Morgan Earp, eager to please my brethren and diving into the deep end of the ocean for faith, trust and dignity? Am I too young to die or too old to know when to put my guns down?
Am I Sheriff Behan, hustling with my lady luck, trying to outsmart the Gods and my fate? Am I cheating others or am I lying to my own wretched self?
Am I Henry Hooker, seen it all, known it all and yet can’t keep my ass out of a battle? Am I gonna retire with my cattle or will someone butcher me over a stolen penny?
Or Am I Wyatt Earp, not knowing what I want from life? Where is my peace, my rest, when I am known as a man of war? Will I ever be happy like she said? Or is Doc right and life is just life, nothing to it, neither good nor bad, neither cruel nor a party to be had?
Then a great shrill voice came upon me from the kitchen, “Get your ass off the couch and eat dinner you drunk bastard, I ain’t heating this shit up for you again.”
–Ujjwal Dey
wayfarer@bikernet.com
Baker DD6 6-Speed Overdrive Install
Put the Baker DD6 gear set into my 2002 Softail Deuce. Should have done it years ago. What a difference!
Question: I’ve put about 500 miles on her so far. Yesterday, I’m sitting at a LONG red light in neutral. After about 45 seconds, with the clutch lever not engaged, it ‘slipped’ into 1st and of course lunged forward. Luckily, I was in front of all the cagers waiting at the light. Any idea why this happened?
I didn’t touch the gear shifter, as both feet were planted on the ground…
Really like your product. Any insight will be greatly appreciated.
–Willy Johnson
willy95838@gmail.com
SACRAMENTO, CA
You probably weren’t completely in neutral and it vibrated and fell into gear. I will reach out to Baker for you.
Have you ever adjusted the shift drum. It could be out of adjustment. It should be centered.
I’ll send this to Bert Baker for his esteemed input.
–Bandit
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RPM ACT UPDATE– Congressman Zeldin is on board.
Jim Barr,
Long Island ABATE
September 15, 2017
Dear Mr. Barr,
Thank you for contacting me with to express your support for H.R. 350, the Recognizing the Protection of Motorsports Act of 2017, or “RPM” Act. I was proud to help reintroduce this bill in the 115th Congress as an original cosponsor.
H.R. 350 was introduced with the intent to block the attempts by the Environmental Protection Agency (EPA) to regulate motor vehicles used for the purpose of competitions or racing. This bill will permanently exclude vehicles used for competition purposes from the regulations issued by the Environmental Protection Agency under the Clean Air Act.
The Clean Air Act gives the Environmental Protection Agency (EPA) the authority to regulate motor vehicles. However, as of recently, the Environmental Protection Agency has exceeded their authority in regulating vehicles used for competitions. The EPA is attempting to go around Congress – ignoring the Constitution by creating new interpretations of this law, which would hurt small and medium sized businesses. Current rules proposed by the EPA would effectively shut down the motorsports and car modification industry by imposing the same level of regulations meant for power plants and other major industries.
By banning certain modifications made to cars and motorcycles, and applying these misguided regulations retroactively, hobbyists, who have invested countless time and money into their cars, would suddenly be in violation of a set of federal regulations that were never vetted by their Representatives in Congress. Small and medium sized businesses on Long Island, like American Racing Headers, that supply specialty automotive parts to customers nationwide, are already seeing a reduction in business as a direct result of threats surrounding these new rules.
Thank you again for contacting me with your views. I always appreciate hearing from my constituents of New York’s First Congressional District. H.R. 350 has been referred to the House Committee on Energy and Commerce and should it come to the House floor for a vote, I will certainly keep your views in mind. If you have any questions, or would like to discuss this further, please feel free to contact my office at 631-289-1097. To receive email updates on this important issue and more, please subscribe to my e-newsletter here.
Sincerely,
–Lee Zeldin
Member of Congress
[page break]
BAGGER FOR SALE– Here’s another bike a friend has for sale. He thinks he can get 40k for it but he’ll take 30k. Do you have any ideas for him?
You probably already know the bike. Attached are some pictures. Please let me know your thoughts…..chris
–Chris Agajanian
ASCOT MOTORSPORTS, LLC
President / Founder
T: (310) 560-9898
E: chris@ascotmotorsports.com
Fine vicarious living while reading that story. What a great trip! See you somewhere on the road.
BTW, that Deer you hit, was it at night maybe on a Buell? I remember reading a story about that years back and thought it was on Bikernet, but who knows? The steel trap is getting some rust on it and the details are leaking out.
Take care and keep the stories coming.
–Patrick Conti
pconti1@msn.com
Fort Collins/San Diego, Co /CA
Your memory is finely tuned with accurate responses. Yes, on all accounts. I hit the deer outside Thermopolis at night and it was covered on Bikernet.
I saw the girl who helped me in 2001 this year on my way back. She has cancer. She also sent me the deer hyde six months after the accident. I still have it. –Bandit
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Shell Oil Comments – A MUST READ…Safety Alert– Here are some reasons why we don’t allow cell phones in operating areas, propylene oxide handling and storage area, propane, gas and diesel refueling areas..
The Shell Oil Company recently issued a warning after three incidents in which mobile phones (cell phones) ignited fumes during fueling operations.
In the first case, the phone was placed on the car’s trunk lid during fueling; it rang and the ensuing fire destroyed the car and the gasoline pump.
In the second, an individual suffered severe burns to their face when fumes ignited as they answered a call while refueling their car!
And in the third, an individual suffered burns to the thigh and groin as fumes ignited when the phone, which was in their pocket, rang while they were fueling their car.
You should know that Mobile Phones can ignite fuel or fumes. Mobile phones that light up when switched on or when they ring release enough energy to provide a spark for ignition.
Mobile phones should not be used in filling stations, or when fueling lawn mowers, boat, etc.
Mobile phones should not be used, or should be turned off, around other materials that generate flammable or explosive fumes or dust, (i.e., solvents, chemicals, gases, grain dust, etc.)
To sum it up, here are the Four Rules for Safe Refueling:
1) Turn off engine
2) Don’t smoke
3) Don’t use your cell phone – leave it inside the vehicle or turn it off
4) Don’t re-enter your vehicle during fueling.
Bob Renkes of Petroleum Equipment Institute is working on a campaign to try and make people aware of fires as a result of static electricity at gas pumps. His company has researched 150 cases of these fires.
His results were very surprising:
1) Out of 150 cases, almost all of them were women.
2) Almost all cases involved the person getting back into their vehicle while the nozzle was still pumping gas. When finished, they went back to pull the nozzle out and the fire started, as a result of a static spark from their bodies from sliding out of the vehicle .
3) Most had on rubber-soled shoes.
4) Most men never get back in their vehicle until completely finished. This is why they are seldom involved in these types of fires.
5) Don’t ever use cell phones when pumping gas
6) It is the vapors that come out of the gas that cause the fire, when connected with static charges.
7) There were 29 fires where the vehicle was re-entered and the nozzle was touched during refueling from a variety of makes and models. Some resulted in extensive damage to the vehicle, to the station, and to the customer.
8) Seventeen fires occurred before, during or immediately after the gas cap was removed and before fueling began.
Mr.. Renkes stresses you should NEVER get back into your vehicle while filling it with gas. If you absolutely HAVE to get into your vehicle while the gas is pumping, make sure you get out, close the door TOUCHING THE METAL, before you ever pull the nozzle out.
–from Joe Teresi
WEEKEND GUN NUT REPORT–
National Reciprocity Bill Nears Goal Line in the House but Needs Your Support to Reach the End Zone
Gun owners received good news this week with the passage of the SHARE Act by the U.S. House Committee on Natural Resources (see related story). Meanwhile, progress continued to be made on another NRA legislative priority, as Congressman Rob Goodlatte (R-VA) – chairman of the House Judiciary Committee – signed on to co-sponsor H.R. 38, the Concealed Carry Reciprocity Act of 2017. The latter bill now has 212 co-sponsors, and its prospects in the House are looking better with each passing week.
That hasn’t stopped Michael Bloomberg’s gun control cabal, however, from crowing about their supposed “grassroots” effort to defeat the bill. Referencing the practically limitless war chest of their gun-hating patron, the group’s president sneered in an editorial that “Everytown and Moms Demand Action will do, and spend, whatever it takes, including leveraging the full weight of our grassroots network, to defeat the gun lobby.”
While Everytown claims to have a grassroots army, it’s really a vanity project for billionaire and ex-New York City mayor Bloomberg, who funds and inspires the group’s activities virtually single-handedly.
Urge Your Representative and Senators to Support Concealed Carry Reciprocity
Please contact your U.S. Senators and U.S. Representative and urge them to cosponsor and support passage of S.446 — the Constitutional Concealed Carry Reciprocity Act of 2017– in the Senate, and H.R.38 — the Concealed Carry Reciprocity Act of 2017– in the House. You can contact your U.S. Senators and U.S. Representative by phone at (202) 224-3121
We recently highlighted how a disaffected gun control activist challenged the group’s supposed “grassroots” character in a scathing essay in the Huffington Post. “For too long,” she wrote, “gun control groups like Everytown have implemented top-down organizational models that treat gun violence prevention advocates like servants and gun violence survivors like fundraising fodder, giving us little or no say in our own advocacy.” That author ultimately resigned her position as an Everytown Survivor Fellow after being blocked from the group’s Survivor Network Facebook page for posting comments critical of management decisions. “I was not as empowered as I thought,” she fumed.
Another article from May notes how Shannon Watts, the principal behind Everytown franchise Moms Demand Action, has been described by sources close to the group as a “nightmare” and a “self-promoting tyrant.” That article detailed a number of high-level staff departures attributed to the difficulties of working for Watts.
Nevertheless, another article reported that Everytown has pledged over $25 million specifically to defeat the NRA’s national reciprocity effort.
That’s certainly no stretch for egomaniac Bloomberg, whose nearly $45 billion net worth and seemingly inexhaustible zeal to control those he considers his inferiors make him a formidable foe.
In fact, the only hope of defeating Bloomberg’s anti-gun aspirations is to show him what real grassroots activism looks like by keeping up steady pressure on Congress to send a national reciprocity bill to President Trump’s desk.
Please contact your U.S. Senators and U.S. Representative and urge them to cosponsor and support passage of S.446– the Constitutional Concealed Carry Reciprocity Act of 2017– in the Senate, and H.R.38 — the Concealed Carry Reciprocity Act of 2017– in the House. You can contact your U.S. Senators and U.S. Representative by phone at (202) 224-3121, or click here to Take Action.
Introducing The New 2018 Harley-Davidson Softail Fat Bob
It’s like nothing Harley-Davidson has ever built before. With the powerful, smooth-running Milwaukee-Eight Big Twin Engine, crisp throttle response and a pure, soul-satisfying rumble. Available in 107 and 114 engine displacements. Get in the saddle!
Stop in for a visit… we are located only 15 minutes from anywhere in Las Vegas! RIDE ALL DAY… PLAY ALL NIGHT!
2017 LAS VEGAS HARLEY-DAVIDSON
5191 Las Vegas Blvd. S. Las Vegas, NV 89119
Don’t miss hitting the dealership during Las Vegas Bike Fest.
ART EXHIBIT OF THE WEEK– Our Tattered Wood Prints are perfect for home décor and merchandise–
Made from high quality 1/4″ thick birch plywood and finished with Tattered Edges.
Wood support bars are affixed to the back of each ¼” thick panel allowing the tattered print to set off the wall creating a striking “shadow mount” effect.
Each sign is whitewashed to enhance the vibrant colors in the art and then tattered to showcase the beautiful wood grain beneath the image.
Made in the USA
CUSTOM PRINT OPTION:
Interested in having your own art or logo printed on our wood photo boards?
Please email for a custom quote: christine_ott@msn.com
Please sign up for an account at: http://legendstudio.net/
Last chance to WIN “El Dorado”!
Online ticket sales close TODAY at 6pm PST. Last chance to WIN this custom 1950 Triumph Thunderbird 6t Pre-Unit Bobber hand built and curated by the VVMC build team here in Venice, CA. We’ll give it away to one lucky winner TOMORROW at the 10th Annual Venice Vintage Motorcycle Rally.
VVMR Schedule
Join us TOMORROW!
Be a part of the tenth installment of this historical Los Angeles vintage motorcycle event hosted by the Venice Vintage Motorcycle Club!
VVMR is a hand-curated event, a perfectly unique spotlight for vintage motorcycle builders, enthusiasts and moto-centric brands to display their works & passion right here in Venice, California. We welcome all to join us in this local community-driven event that links past and present motorcycle culture.
VVMR10 SCHEDULE
8am – VVMR10 Kickoff Group Ride – Abbot Kinney & Venice Blvd (In front of Stronghold)
9am SHARP! – VVMR10 Kickoff Ride Kickstands up headed NORTH to Pepperdine for Group Photo
11am – Gates Open
11am – Vintage Bike Contest Registration & Checkin
11am – 11:30 – DJ Set
11:30pm – 12pm – Lou Pine
12:15 – 12:45pm – Highland Hawks
1pm – Vintage Bike Contest Registration Closes
1pm – 1:30pm – The Neighborhood Thieves
1:45pm – 2:30pm – National Anthem
2:30p – 3p – Vintage Bike Contest Awards
3:15pm – 4pm – Detoure
4:15 – 5pm – 2017 Miss Venice Vintage Pin-up Contest
5:15pm – 6pm – Cougar Getting, Jr. (VVMC House Band)
6pm – Raffle Bike Giveaway – WIN a 1950 Triumph Thunderbird Pre-Unit Bobber!
7pm -Doors Close
Go to venicevintage.com/vvmr or just the VVMR10 Facebook Event Page for more info!
Get your tickets!
Thats right! TOMORROW, one lucky winner will boldy ride away on this El Dorado at VVMR10 . Get your tickets today to WIN! Tickets are ON SALE NOW!
How I Fought a $50 NYC Red-Light Camera Ticket from 1400 Miles Away
(and made them earn it)
Editor’s Note: Mr. Beckett is not an attorney but his mother was a trial lawyer in the New York City area who also taught legal writing and courtroom practice at Hofstra University. He notes that from age 16 until the time he graduated college, he spent time watching her in court and sometimes helped with the legal research. It shows.
I agree completely with your stance on Vehicle and Traffic Law offenses being handled via a criminal law process (Criminal Traffic Court is the Best Option, NMA E-Newsletter #450). Most such violations are treated this way, but the law has been tweaked to change what has been a long standing procedure to accommodate such things as red-light and speed cameras. The New York State legislature, not known as one of the more transparent bodies in America, bears some responsibility for this miscarriage of justice.
I had a run in with this issue two years ago when I was back for a family funeral in Queens, and ran afoul of one of the red-light cameras. I fought the ticket via mail; 1400 miles was a little too far to take on the battle in person. NYC issues a Notice of Liability when they catch someone going through a red with one of their cameras. The notice states it there is a $50 civil penalty to the registered owner of the vehicle. Who was driving is never established, since the applicable law states that the cameras are not to photograph the vehicle operator. I could be home in Arkansas while one of my kids is driving the car, and I’m still on the hook. That’s akin to charging me with murder because I own the house someone was killed in.
I sent my “ticket” back, stating several defenses, among them a case from 1955 in which the Court of Appeals held in NY v Hildebrand (308 NY 397, 1955) that the owner of a vehicle cannot be presumed to be the operator. The court held that “that it is hardly a normal or ready inference or deduction that an automobile which speeds along a highway is being driven by its owner, and by no other person.”
I also raised some procedural and Constitutional issues. All of this was to no avail, as the administrative law judge (ALJ) decided I was guilty, since my evidence was determined not to be credible.
I appealed the verdict, not expecting to win, just to delay paying them. The ALJ on the appeal also found me guilty. The reasoning was interesting, in that I also raised the issue that if this were a civil action, no money was due the City, since they had no damages. Here’s the thing about civil liability, at least as it works in New York: in order to recover damages, you have to have some kind of compensable injury. I would have to have knocked down a light pole, or something like it, causing damage to NYC property, for them to be due damages. They rejected that argument.
I also raised the issue that section 1111d of the VTL essentially covered what was prosecuted as a criminal charge, not civil. They rejected that, too, since the NY legislature, the ones who weren’t under indictment (that’s only partly a joke), had changed the law so that the automatic tickets would be handled as civil case. Here’s the problem with that: in New York, in civil practice, you can be liable in varying degrees, or not at all. Guilty or not guilty is not on their menu. Those findings do not apply in civil law; they are criminal determinations.
There are further steps one can take, once the administrative appeals have played out. One can file an Article 78 proceeding under the Civil Practice Law and Rules, which then puts the matter in Supreme Court, where the CPLR governs, not DMV regs. By doing so, one can pursue the case with an actual judge, instead of the ALJ’s who collect money for the city in the DMV tribunals. I spoke to a couple of lawyers about this matter; all of them were of the opinion that legal fees would hit five figures before it was done, and there was no guarantee of success. They also brought up the fact that a lot of attorneys were loath to take on such cases, since the penalty at the start was only $50, and no license points, and again, a successful case was unlikely. Or as my brother, who lives in New York’s Dutchess County, and has had a few of these camera tickets himself, says, you just sigh, curse them, and write a check so it goes away.
I finally sent them the $50 in December, four months after the ticket was issued. The only reason I paid them was because my wife’s name was also on the vehicle registration, and she did not want to be sucked into a situation where a warrant might be put out for our arrest on failure to pay. Otherwise, I never would have paid them. They’re not coming 1400 miles out here to boot the car, and I’m not going back there any time soon to give them the chance to get me while I’m there.
In the year prior to 2015 when I got this ticket, the City collected somewhere in the neighborhood of $21 million, mostly $50 at a time. It’s obviously a revenue raising program. Clearly, the theory is that almost everyone will do as my brother does, since it’s not cost effective to lose a day or more of work to fight something that costs a modest amount of money, and has no other real downside. I wrote a pointed letter to the Commissioner of Finance under whose purview this program operates (what does that tell you??) suggesting, among other things, that the way the program ran, the City should be prosecuted under RICO statutes.
One final thing before I get off this rant. When you send the money in, the check is payable to the Parking Violations Bureau (PVB). This part of the city bureaucracy has one of the more checkered histories in the annals of NY City government. The big thing that they are noted for was a scam back in the late 70’s where people would have their registrations held by DMV for nonpayment of parking tickets. In some cases the amounts were significant, well into the thousands. You’d come down to PVB and pay your tickets to ransom your registration, then eight months later, you’d get a notice that you owed the City all over again, on the same tickets. The burden was on the owner to prove he paid up. A lot of people didn’t save their receipts, and wound up paying a second time. PVB administration knew this was going on, because they were part of it.
Editor’s Note: The opinions expressed in this newsletter are those of the author.
–By T.A. Beckett, NMA Arkansas Member
Use this link to share this NMA E-Newsletter with others:
https://www.motorists.org/alerts/fought-50-nyc-red-light-camera-ticket-1400-miles-away-made-earn-nma-e-newsletter-453/
WHAT’S UP— It’s time to rock with tons of content on Bikernet this coming week. Ujjwal just submitted a list of the best motorcycle films on the planet to our vast and unrelenting editorial board.
I hope to wrap up another Cantina episode next week and another story about the Chopper King and his chopper for sale, the one built and signed by all the masters. I need to write another chapter about Frankie’s Dyna. It’s very close.
Hell, there’s another girl of Bikernet in the wings and I need to write the McQuistion feature. It never ends, is never dull, and the Redheads keep getting better looking.
Ride free forever,
–Bandit
