Increasing Penalties for Right-of-Way Violations without Education Misses the Mark–Right-of-way (ROW) violations against motorcyclists have become an increasing problem over the years. So much so, that some states have enacted or are considering legislation to increase the penalties for motorists infringing on a motorcyclist’s right of way and causing serious injury or death.
Many states have inadequate penalties for violating another’s right of way. Most times, it’s a minimal fine. In my home state of Wisconsin, it used to be a $20 fine for the first offense, despite the seriousness of any injuries. I say “used to be” because ABATE of Wisconsin, with the help of then state senator Dave Zien, persuaded the Wisconsin legislature to pass Act 466 into law, effective in October 2006. Among other things, the Act included enhanced penalties for injuring another highway user, including motorcyclists, bicyclists and pedestrians. Fines range from $200 to $1,000 and a license suspension is included.
An important element of the Act is the educational requisite, which includes mandatory classroom instruction specific to motorcycle, bicycle and pedestrian awareness and rights. Hupy and Abraham, S.C. has a long history of working with ABATE of Wisconsin and besides helping with the language of the bill, we testified at a public hearing before the Wisconsin Senate along with ABATE and MRF members.
As recent as October 14, 2014, another state, Michigan, has included a motorcycle and bicycle education element to driver education classes. Known as Nathan’s Law or the Nathan Bower Act, HB 5438 was passed in honor of Nathan Bower who was killed in 2009 in a crash involving a novice driver of an automobile.
Although most agree that something has to be done about inattentive drivers and right-of-way violations against motorcyclists, not everyone is happy with the direction some states have gone.
We agree on the need for action, but some states have enacted legislation, which talks about “vulnerable” highway users and that language has upset some rights activists. They believe that labeling motorcyclists as vulnerable could set the stage for new legislation including a renewed call for helmet mandates, reflective apparel and more.
Another troubling aspect associated with enhanced penalties for ROW violations is the fact that increased fines go to the state. Some rights leaders think that money, or at least a portion of it, should go to the victims of ROW violations to help offset medical and out-of pocket-expenses.
If your state has not considered increasing penalties for ROW violations, contact your local motorcycle rights organization, the American Motorcyclists Association (AMA) or the Motorcycle Riders Foundation (MRF) for information on what you can do.
Realizing the importance of awareness education, Hupy and Abraham, S.C. assisted ABATE of Wisconsin by fully funding the production of a 14 minute DVD entitled “Share the Road with Motorcycles.”
ABATE has an outstanding Share the Road program which is taught at driver’s education classes and other locations around the state. But those classes only reach a small portion of the driving public.
In order to help spread the awareness message, ABATE decided to explore the idea of making a video for distribution to area schools and other interested organizations. The video is professionally done using a video company suggested by Hupy and Abraham, S.C., and the law firm paid for filming, production and packaging of the product, because the message is so important.
All riders involved in the video are ABATE of Wisconsin members.
–Tony Sanfelipo
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