<link /> <description /> <docs>http://www.rssboard.org/rss-specification</docs> <generator>mojoPortal Forum module</generator> <item> <title>AIM/NCOM MOTORCYCLE E-NEWS SERVICE: NCOM Biker Newsbytes October 2011  

THE AIM/NCOM MOTORCYCLE E-NEWS SERVICEis brought to you by Aid to Injured Motorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the Law Offices of Richard M. Lester. If you’ve been involved in any kind of accident, call us at 1-(800) ON-A-BIKE or visit www.ON-A-BIKE.com.

 

NCOM BIKER NEWSBYTES

Compiled & Edited by Bill Bish,

National Coalition of Motorcyclists (NCOM)

 

 

CONGRESSMAN CHALLENGES THE SCIENCE OF E15 GAS

U.S. Representative Jim Sensenbrenner (R-WI) has introduced legislation to require the Environmental Protection Agency to “seek independent scientific analysis on the effects of 15 percent blend ethanol gasoline” (E15), which the EPA recently allowed to be sold for use in 2001 or newer vehicles; though motorcycles and ATVs are not approved for its use, nor are most small air-cooled engines, and using the hotter-burning fuel could cause premature wear, engine damage and void the manufacturer’s warranty.

 

"The EPA's decision to allow E15 into the marketplace will impact every American who owns a car, lawnmower, or boat,” said Sensenbrenner in announcing his bill, H.R.3199. “Automakers insist that using E15 will void warranties, lower fuel efficiency, and cause premature engine failure. In off-road engines, the effects can even be dangerous for users.”

 

Motorcyclists should be concerned about the availability of compatible fuel supplies if gas stations primarily provide E15 gasoline that’s EPA-approved for the majority of their customers -- but no on- or off-road motorcycles or ATVs appear on the EPA’s list of vehicles approved for use of E15.

 

"There are serious concerns that the EPA used only one Department of Energy test and rushed E15's introduction into the market place. This test was limited in scope and ignored a plethora of evidence - albeit inconvenient evidence for the EPA - that shows E15 gasoline has a negative effect on engines,” according to Sensenbrenner. “I introduced this legislation to ensure a decision of this magnitude will be vetted by independent scientific research, rather than political expediency."

 

Earlier this summer, Congressman Sensenbrenner, who is the Vice Chair of the House Committee on Science,introduced H.R. 748 to prohibit the EPA from authorizing the use of gasoline containing greater than 10% ethanol (E10).

 

BIKERS’ RIGHTS TO HEALTH CARE

Akin to some Unions that have negotiated lower health care costs by excluding insurance coverage for so-called “risky” behavior such as horseback riding, skiing and riding motorcycles, the state of Georgia may soon exclude motorcyclists from their healthcare benefits.

 

The chairman of a House study committee looking at Georgia's health benefit plan said the state might require employees to disclose dangerous activities like skydiving and riding motorcycles.

 

State Rep. Carl Rogers (R-Gainesville) said that the panel is looking to bring down skyrocketing costs in the state health plan. Earlier this year, lawmakers were forced to scramble to fill a $300 million budget hole for the health benefits.

 

Rogers told the Associated Press that state employees who take part in risky activities might eventually pay higher premiums.

 

TRUE COLORS: COPS VS. BIKERS

“Nowadays, officers also have to worry about lawsuits when they pull over a ‘one-percenter’,” reported the Philadelphia Daily News in response to a civil rights lawsuit claiming profiling and police harassment, adding that “Biker gangs might have a well-deserved reputation, but one local attorney who represents several clubs says that ‘reputation’ isn't a valid reason for a traffic stop.”

 

"Some of this tension between the cops and the bikers is because the cops hassle them ALL the time," said Aid to Injured Motorcyclists(A.I.M.) Attorney Boyd Spencer, who represents the Eastern Pennsylvania Confederation of Clubs.

 

Spencer is representing three bikers in a civil-rights lawsuit stemming from a July 30, 2009, traffic stop involving six motorcyclists, two of the defendants are Pagan’s M/C members and a third defendant was a Tribe M/C member.

 

According to the complaint, the bikers were ticketed for not having approved helmets and were told to remove their "colors", the patched jackets members wear. The whole traffic stop, which lasted more than an hour, was captured by mounted cameras in the police cruisers.

 

"Now you're all going to take your jackets off, because on this highway, these are the only colors," one of the state troopers, referring to State Police blue and gold, told the group after nearly 50 minutes had passed.

 

The bikers didn't budge. None of them took off his colors. The helmets were later found to be legal, and a prosecutor dismissed the charges. Spencer, who said the demand to take off their colors was out of bounds, chalks up the traffic stop to harassment.

 

Spencer said he always hears about bikers getting harassed. "I've got a guy in Upper Darby who gets pulled over every time he goes out on his bike," he said.

 

Upper Darby police Superintendent Michael Chitwood Sr. told the newspaper that bikers get pulled over if they break traffic laws, like anyone else. Police keep tabs on them, though. "These operations have become very sophisticated. They know what their rights are and what the police can do," he said.

 

“NO COLORS” RULE RESCINDED AT KENTUCKY EVENT

Following failed negotiations with Beech Bend Park near Bowling Green, Kentucky upon announcing they would no longer allow club colors of any kind at their All Harley Drags, the Kentucky Motorcycle Association/KBA called for a boycott of their events until this discriminatory policy was changed.

 

“After the word went out it is my understanding that several hundred phone calls went to the offices of Beech Bend Park,” said Jay Huber, President of KMA/KBA. “As a result of those calls the management at Beech Bend has reversed its decision regarding NO COLORS at its events.”

 

“The KMA/KBA along with the Kentucky Confederation of Clubs is committed to eliminating this type of discrimination as it hurts the entire biker community,” said Huber, adding that his organization will post listings on their website of businesses that discriminate with regard to No-Colors and urge “that ALL bikers please refrain from using the services of any business that participates in this type of action.”

 

SUIT CHARGES DISCRIMINATORY ENFORCEMENT OF NEVADA HELMET LAW

A dozen motorcycle riders recently filed a class action lawsuit charging arbitrary and discriminatory enforcement of Nevada’s helmet law.
 

The suit filed in U.S. District Court charges "defendants, through their agents, have an ongoing pattern and practice of issuing helmet tickets to the class members that are not supported by constitutionally sufficient probable cause, thereby violating the civil rights of the class members." The action blames Clark County and the cities of Las Vegas, North Las Vegas, Henderson and Mesquite; and Boulder City, and their police departments for the disparity in enforcement, and if certified as a class the suit could represent more than 40,000 motorcycle riders in the county.

 

The group is hoping to ultimately win the repeal of Nevada's helmet law, but this lawsuit is not about whether the government has the right to require motorcycle riders to wear helmets, which the Nevada Supreme Court ruled that it does, but instead the action accuses local police and prosecutors of selectively enforcing the helmet law and of using it unconstitutionally to hassle bikers.

 

“This violates the Fourth Amendment to the U.S. Constitution barring unreasonable search and seizure,” commented A.I.M. (Aid to Injured Motorcyclists) Attorney Sam Hochberg in The Gunny’s Sack monthly e-column. “The suit also alleges violations of the 14th Amendment protections against arbitrary and discriminatory enforcement. They are saying the fines are all over the map with no balance. The suit essentially says that law enforcement folks are using the Nevada helmet law to harass motorcyclists.”

 

Dubbed the Class M class action, the suit seeks to include some 40,000 Nevadans holding motorcycle endorsements on their driver's licenses.

 

NATIONWIDE MOTORCYCLE THEFTS DOWN

A motorcycle is stolen every 9.5 minutes in America, but according to a report by the National Insurance Crime Bureau, motorcycle thefts last year were down 24% from their 2007 total. There were 65,678 motorcycles reported stolen in 2007 compared with 49,791 in 2010, according to data from theft reports contained in the National Crime Information Center.

 

The top five makes stolen last year were: (1) Honda, 12,260; (2) Yamaha, 9,853; (3) Suzuki, 7,869; (4) Kawasaki, 5,470; and (5) Harley-Davidson, 3,301. Combined, these five brands accounted for 38,753 thefts in 2010, or 77.8 percent of the total.


The top five states with the most motorcycle thefts in 2010 were: (1) California, 5,662; (2) Texas, 4,394; (3) Florida, 4,148; (4) North Carolina, 2,649; and (5) Indiana, 1,925. These five states accounted for 18,778 thefts, or 37.7% of the total.

 

FACT OR FICTION: MOTORCYCLES ARE ECO-FRIENDLY

In the popular belief that since motorcycles get better mileage they must be greener than cars, "People are trading in their cars and driving motorcycles instead because they believe that's the more environmentally friendly choice," said “MythBusters” television host Adam Savage in the season opener of the popular Discovery Channel show. "The logic is because motorcycles are generally more fuel-efficient than cars, they burn less gas and thus they must be better for the environment."

 

As the MythBusters have done with each of the show's previous seven seasons, Savage and his co-host Jamie Hyneman set out to test the theory, and the Los Angeles Times recently reported on the show’s findings.

 

The MythBusters duo selected three motorcycles and three cars that were common in the 1980s, 1990s and 2000s and put the undisclosed vehicles through a 30-minute, 20-mile real-world course, 75% of it consisting of highway driving and 25% city driving.

 

Savage drove all three cars while Hyneman trailed him on the bikes, each one equipped with portable emission-measuring systems that tracked exhaust gases from a probe in the tailpipe and collected engine information from the engine control unit to determine each vehicle’s fuel economy and emissions profile.

 

The upshot of the experiment was that the newer two-wheeler was indeed 28% more fuel efficient than the comparable car and emitted 30% less of the greenhouse gas carbon dioxide, however the same motorcycle emitted 416% more smog-forming hydrocarbons, 3,220% more oxides of nitrogen and 8,065% more of the toxic air pollutant carbon monoxide.

 

The MythBusters' conclusion: "At best, it's a wash. Motorcycles are just as bad for the environment as cars," Savage said on the show. "At worst, they're far worse."

 

But emissions are only one factor in the equation that measures a vehicle's true impact on the environment, and as LA Times columnist Susan Carpenter concludes; “Despite the MythBusters' findings, emissions are only part of the story of a vehicle's true greenness. According to the Motorcycle Industry Council, motorcycle manufacturing requires thousands fewer pounds of raw materials than automobiles. They require less fossil fuel, so they require less energy to pull that fossil fuel out of the ground. They use fewer chemicals and oils than cars. And motorcycles produced today are 90% cleaner in California than they were 30 years ago. Note to MythBusters: How about a cradle-to-grave life cycle assessment for cars and motorcycles for the Season 9 opener?”

 

WEIRD NEWS: MOTORBIKERS TAKE BITE OUT OF APPLE

Just like in the movies, seven motorbike riders carrying passengers wearing full face helmets recently conducted an early-morning “smash-and-grab” robbery by busting a window of an Apple Store in central London and plundering thousands of dollars in Mac laptops, iPads and iPhones. “Apple is a big ticket item and a very easy sell,” deputy inspector Gregory Antonsen told the International Business Times, calling this one “primarily an Apple case”.

 

QUOTABLE QUOTE: “Just because you do not take an interest in politics doesn't mean
politics won't take an interest in you!

~ Pericles (c. 495 – 429 BC), Greek Statesman

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http://scmra.org/Forums/Thread.aspx?pageid=3&t=168~-1#post175 BillBrews http://scmra.org/Forums/Thread.aspx?pageid= Wed, 15 Feb 2012 23:53:59 GMT AIM/NCOM MOTORCYCLE E-NEWS SERVICE: NCOM Biker Newsbytes November 2011  

THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to Injured Motorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the Law Offices of Richard M. Lester. If you’ve been involved in any kind of accident, call us at 1-(800) ON-A-BIKE or visit www.ON-A-BIKE.com.

 

NCOM BIKER NEWSBYTES

Compiled & Edited by Bill Bish,

National Coalition of Motorcyclists (NCOM)

 

COURT ALLOWS RAID ON RIDER ED FUNDS

The Illinois Supreme Court may have opened the door for states to reallocate hundreds of millions of dollars from dedicated funding to balance their budgets.

 

In a recent 6-to-1 decision, the state’s high court upheld a prior circuit court ruling that backed the governor and Legislature's ability to take money from hundreds of special state funds to offset budgetary deficits, a practice commonly referred to as “sweeping”.

 

Motorcycle riders sued former Gov. Rod Blagojevich after he swept $1.2 million from the Cycle Riders Safety Training Fund (CRSTF) to pay general state bills after a 2004 law passed by lawmakers allowed him to do so. A portion of the fee for an Illinois motorcycle license goes into the CRSTF, which ABATE of Illinois argued was only to be spent on motorcycle safety education.

 

"Clearly, the fee charged by the state for motorcycle registration and licensing is state revenue, and therefore the portion of this state revenue which the General Assembly has allocated to the CRSTF is also public money," wrote Justice Anne Burke in the majority opinion. Burke rejected the ABATE lawyers’ argument that the special fund was tantamount to a special trust fund.

 

The state Supreme Court concluded that the legislature cannot create an irrevocable trust with public money because this would place an unconstitutional restraint upon the legislature’s plenary power.

 

Sweeping special funds was a controversial way to deal with budget deficits during the Blagojevich administration, and although the court’s ruling opens the door to more such sweeps, current Illinois Governor Pat Quinn opposes fund sweeps and has worked to end the practice.

 

MICHIGAN REQUESTS YOUR SUPPORT FOR HELMET FREEDOM

Michigan may be on the verge of repealing their mandatory helmet law as Senate Bill 291 appears destined for the governor’s desk, and ABATE of Michigan has issued a “Call to Action” requesting the help of all motorcyclists in their freedom of choice efforts.

 

SB291 passed the Michigan Senate 24-14 in late June, and is now back for a “concurrence vote” after passing the House 69-39 on Nov 2nd, so a favorable vote will put ABATE’s hopes in the hands of Governor Rick Snyder who has not indicated whether he will sign or veto the measure.  Two previous repeal bills were vetoed by then-Gov. Jennifer Granholm.

 

“Governor Snyder prides himself on being all about business and helping business,” said Vince Consiglio, President of ABATE of MI, adding; “A letter from a ‘FREE’ State may help him realize Michigan loses motorcycle money every day of the summer with a mandatory helmet law.”

 

Under the bill, motorcyclists 21 and older would have the option of riding helmet-free if they have two years of experience or have taken a safety course, and if they buy at least $20,000 in medical insurance.

 

“Please urge Governor Snyder to support adult choice,” requests Consiglio on behalf of ABATE, by contacting Governor Rick Snyder, State Capital, P.O. Box 30013, Lansing, MI 48909 or call (517) 373-3400 or e-mail Rick.Snyder@michigan.gov.

 

BIKERS RALLY TO RESCIND UN-FAIR POLICY

“The State Fair of Louisiana, for a minute, mind you, adopted a discriminatory position toward bikers by posting signs that would not allow them to attend the fair in their traditional biker gear, some of which is protective gear,” said Mary Baker in an article in the Examiner newspaper, adding that “…bikers everywhere contribute to charity in a way that not many other segments of the population do… And, they definitely make an impact on the local community, spending hundreds of thousands of dollars at local establishments including restaurants, theaters, bars, parks, and small businesses.  That is why it is disheartening to hear of discrimination based solely on appearance.”

 

Upon being alerted of the fair’s new anti-biker policy, Facebook exploded with messages like this: "ALERT/INFO: The State Fair of La. has adopted the policy: NO COLORS… Signs are now being posted at all gates. NO BIKER COLORS of ANY KIND. Please pass this on to ALL BIKER friends and family. MC's are being Discriminated against. To Complain:::: Call State Fair of La. Let Your VOICES be heard.... Repost!!! Don't support the fair..."

 

You can imagine that bikers, their friends and family were livid.  They began to complain about the discrimination with phone calls to the Director of the State Fair, and his offices.  The result: Before the end of the day, this message by the representative for Independent Riders, Northwest Louisiana, was posted on Facebook:

 

"UPDATE...UPDATE...UPDATE... WE HAVE WON !!!!! Just received a call... And the State Fair of Louisiana has now changed their policy. THE SIGNS HAVE BEEN REMOVED AND ALL BIKERS ARE WELCOME AT THE FAIR !!!!!! Never, never, NEVER underestimate the power of a close knit FAMILY !!! Thanks to all who made calls and helped !!!"

 

Louisiana State COIR (Coalition Of Independent Riders) Commander Lionel “Nite Train” Bailey reported that the US Defenders and COIR conducted a phone campaign and not only have the Louisiana State Fair officials rescinded their No Colors policy, but even offered to organize a Bike Night to a Blue Oyster Cult concert.

 

LAWMAKERS OVERRIDE GOVERNOR’S VETO OF RED LIGHT BILL

The Illinois House voted 94-21 and the Senate voted 45-6 to override Gov. Pat Quinn’s veto of the “Dead Red” bill supported by ABATE of Illinois that would allow motorcyclists to proceed through malfunctioning red lights.

 

As written, House Bill 2860 sponsored by Senator Gary Forby (D-Benton) and Representative Daniel Beiser (D-Alton), specifies that a motorcyclist would be permitted to legally run a red light "after a reasonable period of time," but Quinn vetoed the legislation with the request that a two minute wait time be amended to it.

 

The law will now go into effect on January 1, 2012, and according to Sen. Forby; “A measure I sponsored (HB 2860) will now become law after I was successful in overriding the governor’s amendatory veto. The bill allows motorcyclists to go through a red light if it fails to change to green because the switch hasn’t been tripped, or didn’t recognize the motorcycle. To alleviate a few of the concerns some of my colleagues raised, I introduced a "trailer bill" that requires motorcyclists to wait 120 seconds before proceeding through the red light. For those of us who have been stuck at a light without it ever changing to green, we know how reasonable this legislation is. This situation happens more than many people think and is a growing concern for bikers at outdated intersections. In fact, 360 rear end collisions occurred with motorcycles that were slowed or stopped in traffic in 2010. If bikers are trapped at a light, this bill gives them an opportunity to safely proceed through that signal, because otherwise they don't really have much of a choice. 11 other states already have laws like this in place, none of which have tried to rescind it.”

 

INTERNATIONAL MOTORCYCLE SAFETY REPORTS RELEASED 

Headlight configurations that make motorcycles more noticeable, why drivers fail to give way to motorcycles at T-intersections, and how mirror use influences car-motorcycle conflicts are among the topics researched and reported on in the new January issue of Accident Analysis & Prevention (AA&P), a journal primarily focused on causes and impacts of transportation accidents.

 

The themed AA&P edition is titled "Safety and Mobility of Vulnerable Road Users: Pedestrians, Bicyclists, and Motorcyclists" and consists of a selection of papers presented at an international conference organized by Israel's National Road Safety Authority.

 

In a report entitled "Recognizability of different configurations of front lights on motorcycles," the researchers say that "Results of a laboratory experiment have shown that motorcycles with a T-shaped light configuration are more quickly identified, particularly when the motorcycles are in visual competition with other motorized road users."

 

In "Why do car drivers fail to give way to motorcycles at t-junctions?," researchers studied differences between novice drivers, experienced drivers, and "dual drivers," i.e., drivers who also ride motorcycles. They found that dual drivers were better at recognizing motorcycles than either of the other two groups. While the results are inconclusive, the researchers state that "We argue that this is potential evidence for an oculomotor basis for Look But Fail To See errors."

 

The report "Attention and search conspicuity of motorcycles as a function of their visual context" says that multi-colored, reflective, and white rider outfits consistently made the riders more noticeable than a black outfit.

 

Cars changing lanes without recognizing that a motorcycle is in that lane is a common experience for motorcyclists, and that topic is addressed in "Attending overtaking cars and motorcycles through the mirrors before changing lanes." Not surprisingly, the researchers found that "Risky maneuvers were less likely to occur in those cases where more time was spent gazing at the mirrors."

 

Other reports in this issue address other motorcycle-related issues, and can be accessed on a for-pay basis, but abstracts of the reports are available on the journal's website at www.journals.elsevier.com

 

MOTORCYCLISTS BEWARE: STATES WITH THE WORST DRIVERS

You might believe that your state has the worst drivers in the country, but a newly released report from Carinsurancecomparison.com ranked states according to their safety record to determine where the bad drivers live.

 

Five factors were considered when determining the rankings; fatalities per million miles traveled, drunken driving, the number of tickets issued, failure to obey traffic signals and carelessness, utilizing data compiled from the National Highway and Transportation Safety Administration (driving fatalities), the National Motorist's Association (traffic tickets), and MADD (drunk drivers).

 

Here is their list of the 10 states with the worst drivers:

#10) South Carolina - Ranked 48th for fatalities and 45th for obeying road signs.

#9) Alabama - 46th for tickets. 42nd for fatalities. 41st for obeying road signs.

#8) Montana - Highest ticket rate in the country. Also ranked 40th for carelessness.

#7) Kentucky - 42nd for carelessness and 48th for drunk driving.

#6) Arizona - Arizona ranked poorly across the board.

#5) Oklahoma - Lots of DUIs, fatal accidents, and traffic tickets.

#4) Florida – Not as many drunk drivers... But Florida has more tickets than any other state.

#3) Texas - Texas ranked pretty poor in all categories.

#2) Missouri - Ranked in the bottom 10 for carelessness and DUIs.

#1) Louisiana - In the bottom 10 in all categories except failure to obey signs.

 

The safest driving state was Rhode Island, followed by Connecticut, Massachusetts, Virginia, and New Hampshire.

 

WEIRD NEWS: SPAIN FINES OVER HELMETLESS TOM HANKS POSTER

The Spanish distributor for the movie “Larry Crowne” was fined for a poster showing stars Tom Hanks and Julia Roberts riding a motorcycle without a helmet.

 

Tripictures was given a traffic fine of 30,000 euros ($41,500) for using the film’s U.S. poster to promote the movie’s overseas premiere because the government claimed it promoted reckless driving.

 

The distributor initially thought the ticket was a joke, but in 1985 Spain instituted a law that banned advertisements from promoting reckless driving. Fines are also given to celebrities if they promote the image of poor driving. One example came last year, when singer Shakira drove through Barcelona on a motorcycle without a helmet in one of her music videos.

 

QUOTABLE QUOTE: “In a time of universal deceit, telling the truth is a revolutionary act."

~ George Orwell (1903-1950) author of “1984”

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http://scmra.org/Forums/Thread.aspx?pageid=3&t=164~-1#post171 BillBrews http://scmra.org/Forums/Thread.aspx?pageid= Wed, 15 Feb 2012 23:41:29 GMT
AIM/NCOM MOTORCYCLE E-NEWS SERVICE: NCOM Biker Newsbytes December 2011- Corrections  

THE AIM/NCOM MOTORCYCLE E-NEWS SERVICEis brought to you by Aid to Injured Motorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the Law Offices of Richard M. Lester. If you’ve been involved in any kind of accident, call us at 1-(800) ON-A-BIKE or visit www.ON-A-BIKE.com.

 

NCOM BIKER NEWSBYTES

Compiled & Edited by Bill Bish,

National Coalition of Motorcyclists (NCOM)

 

FEDERAL HELMET LEGISLATION NARROWLY AVERTED

Due to the quick actions of concerned motorcyclists across the country, a major federal transportation measure narrowly avoided becoming a bill to encourage states to enact helmet laws nationwide.

 

On Monday, December 12 Senator Frank Lautenberg (D-NJ) filed an amendment to S.1449 the "Motor Vehicle and Highway Safety Improvement Act of 2011” that would call for mandatory helmet laws nationwide and could jeopardize funding for Motorcycle Safety programs across America.

 

By Tuesday the motorcycle community was alerted to Lautenburg’s efforts by national and state motorcyclists’ rights organizations, including the National Coalition of Motorcyclists (NCOM), the AMA and MRF, and riders were urgently urged to contact their U.S. Senators to oppose the amendment -- and time was of the essence because a Senate committee was to vote on the bill the following day!

 

Wednesday, Dec 14, during the hearing held by the U.S. Senate Commerce, Science & Transportation Committee to “mark-up” the bill, Senator Lautenburg decided not to introduce his amendment.

 

Not only did motorcyclists’ prompt response help avoid another federal helmet law battle and preserve federal funding for motorcycle safety programs, but the committee also voted to accept two amendments by Senator Jim DeMint (R-SC) that removed language in the bill that would have lifted the current ban on the National Highway Traffic Safety Administration (NHTSA) from lobbying states to enact universal helmet laws for all riders.

 

S.1449 passed the committee by voice vote and now goes to the Senate floor for further action, while riders remain ever vigilant.

 

JUDGE UPHOLDS N.Y. MOTORCYCLE-ONLY CHECKPOINTS

A federal judge rejected motorcyclists' claims that their Constitutional rights were violated by New York State Police motorcycle-only “safety checkpoints” that detained thousands of riders en route to large N.Y. rallies and ticketed many of them for mostly non-safety violations.

 

Aid to Injured Motorcyclists (A.I.M.) Attorney Mitch Proner of NYC sued troopers on behalf of four motorcyclists who claimed that safety was a mere pretext in looking for criminals and that the practice was intrusive and unfair to motorcycle riders as a group.

 

But Judge Gary Sharpe concluded that safety was indeed the main focus of the initiative, which distinguishes the checkpoints from "a general interest in crime control" that could have amounted to unconstitutional seizures when there’s no "individualized suspicion of wrongdoing."

 

"The court concludes the checkpoints were enacted to promote motorcycle safety, a manifest public interest; they were effective in addressing this interest; and that any interference with individual liberties was not only minimal, but also grossly outweighed by the interest advanced," Sharpe wrote in his ruling.

 

"The intrusion on civil liberties is something that shouldn’t be countenanced," Proner told the Associated Press, adding that the discriminatory roadblocks have been ongoing since 2008 even though motorcycles, like other vehicles in New York, are already subject to annual safety inspections, and no other vehicles are stopped for roadside safety checks.

 

"It’s obvious just from their own internal documents they’re looking for criminal activity," said Attorney Proner, citing a checkpoint near Buffalo’s Peace Bridge that included border patrol agents, and one in central New York near a rally sponsored by a motorcycle club included gang task force officers.

 

"The fact they didn’t find crime doesn’t mean that wasn’t what they’re fishing for," he said. "That just shows you’ve got law abiding citizens on motorcycles primarily being inconvenienced."

 

Proner told the AP news agency that motorcyclists across the country are interested in this case, the only such federal lawsuit nationally though some other states have similar checkpoint programs, and that he will appeal.

 

SAFETY BOARD SEEKS BAN ON CELL PHONE USE WHILE DRIVING

States should ban all driver use of cell phones and other portable electronic devices (PEDs), except in emergencies, urges the National Transportation Board.  The NTSB recommendation, unanimously agreed to by the five-member board, applies to both hands-free and hand-held phones and significantly exceeds any existing state laws restricting texting and cellphone use by drivers.

 

The board made the safety recommendation in connection with their investigation of a deadly highway pileup in Missouri last year that was caused by the inattention of a 19 year-old-pickup driver who sent or received 11 texts in the 11 minutes immediately before the tragic crash that involved a semi and two school busses.

 

The accident is a "big red flag for all drivers," NTSB chairman Deborah Hersman said at a meeting to determine the cause of the accident and make safety recommendations. "No call, no text, no update is worth a human life."

 

The board has previously recommended bans on texting and cell phone use by commercial truck and bus drivers and beginning drivers, but it has stopped short of calling for a ban on the use of the devices by adults behind the wheel of passenger cars. While the NTSB doesn't have the power to impose restrictions, its recommendations carry significant weight with federal regulators and congressional and state lawmakers.

 

In November, Pennsylvania became the 35th state to forbid texting while driving, but despite such laws the problem is continuing to get worse according to the National Highway Traffic Safety Administration (NHTSA) that reports nearly 20% of drivers admit to texting or e-mailing, and at any given moment last year almost 1 in every 100 car drivers was texting, emailing, surfing the Web or otherwise using a handheld electronic device, up 50% over the previous year.

 

Joining in the campaign to curb distracted driving, Aid to Injured Motorcyclists (A.I.M.) has produced a color vinyl bumper sticker that reads; “HANG UP AND DRIVE!” that is available free by calling A.I.M. at 1-(800) ON-A-BIKE.

 

US TRAFFIC DEATHS HIT LOWEST LEVEL SINCE 1949

Annual traffic deaths in the U.S. have fallen to their lowest level in six decades, reports the U.S. Department of Transportation. Despite the fact that Americans drove almost 46 billion more miles during the year, highway deaths fell by nearly a thousand to 32,885 in 2010, representing a 2.9% drop from 2009 (33,883) and the lowest number of fatalities since 1949.

 

"While we have more work to do to continue to protect American motorists, these numbers show we're making historic progress when it comes to improving safety on our nation's roadways," said DOT Secretary Ray LaHood.

 

According to DOT statistics, deaths in crashes involving drunk drivers dropped 4.9% in 2010, resulting in 10,228 fatalities compared to 10,759 in 2009.  Fatalities declined in most categories in 2010, including for occupants of passenger cars and light trucks, but fatalities rose among motorcycle riders (4,469 in 2009 to 4,502 in 2010, an increase of 33, or less than 1%), pedestrians (up 4% from 4,109 to 4,280), occupants in medium and heavy trucks (499 to 529, +6%) and buses (26 to 44, +41%).

 

The latest figures also include a new measure of fatalities caused by distracted driving, essentially a refinement of existing data that focuses more directly on situations where dialing a phone, sending a text or the activities of another person or event are likely to lead to a crash. The DOT reports that 3,092 fatalities were the result of such “distraction-affected crashes.”

 

FEDS PROPOSE ADDITIONAL MOTORCYCLE SAFETY STUDY

The National Highway Traffic Safety Administration (NHTSA) is proposing to launch a study program equipping 160 motorcycle riders with cameras, GPS, and other data recording devices in order to track riding behavior and how riders avoid -- or fail to avoid -- crashes.

 

"Knowledge of both how riders successfully avoid crashes and of behaviors that correlate with and contribute to crash risk is crucial to developing effective countermeasures to reduce motorcycle crashes and fatalities," says the NHTSA study proposal.

 

The federal agency is currently seeking comments on their proposed motorcycle safety study, which is very similar to a “naturalistic study” being conducted by the Motorcycle Safety Foundation (MSF) tracking 100 specially-equipped motorcycles for one year to compile data on rider behavior.

 

NOISE CAMERA TO MUFFLE LOUD VEHICLES

First came red-light cameras, followed closely by speed-cameras, and now Calgary will soon become the first municipality to introduce noise cameras to the motoring public.

 

“Motorcycle riders and hotrod enthusiasts beware: the Noise Snare is one step closer to squelching your high-decibel expressions of mechanical masculinity,” reported the Calgary Herald about the pilot project that pairs a noise-reader with a camera to catch law breakers.

 

The $112,500 device was offered to Calgary for free as the first city to test the gadget, and if all goes well the city expects to be handing out $200 tickets by summer.

 

"This is something that will allow municipalities across North America to start enforcing (noise) bylaws. The fact that now it's been proven to be an accurate test is very, very important," said Bill Bruce, the city's director of bylaw services.

 

Electrical engineer Mark Nesdoly invented the “Noise Snare” after a loud motorcycle awoke his sleeping daughter one night.

 

SHOOTINGS PROMPT HONDURAN CONGRESS TO BAN MOTORCYCLE PASSENGERS

Following two recent high-profile killings, legislators in Honduras approved a decree banning motorcyclists from carrying passengers. It took the deaths of a radio journalist and a former government advisor to convince the National Congress of the need to restrict the number of riders on a motorcycle to one -- the driver. Suspects in both cases were passengers on motorcycles, who got away.

 

The legislation is being hailed as a common sense approach to fighting crime that will help discourage drive-by shootings, which have been one of the most common murder tactics in this Central American country because it makes it nearly impossible to identify and catch the helmeted killers who quickly flee the crime scene. Now, any motorcycle with two people will be suspect and can be pulled over by the police.

 

NIGERIA RESTRICTS MOTORCYCLES TO CURB BOMBINGS

Restrictions have been imposed on the operations of commercial motorcycles in Nigeria to check bombing incidences. The restrictions on the motorcycles, popularly called okada, were announced by the Special Task Force (STF) after a deadly triple bomb blast rocked three television viewing centers was attributed to the Islamic sect Boko Haram.

 

"The general public should be informed that no motorcycle will be allowed to operate beyond 7pm within the Jos-Bukuru metropolis. Riding of motorcycles is only permitted from 6am - 7pm, the enforcement of this ban will be strictly enforced,'' said Ikemefuna Okafor, an officer of STF.

 

WEIRD NEWS: MOTORCYCLISTS TAKE BITE OUT OF SNAKE VENOM DEATHS

In rural Nepal, volunteer motorcyclists are getting snakebite victims to help soon enough to cut deaths by 95%, reports Scientific American.

 

Snake bites are still a big concern for much of the world’s population, and the World Health Organization (WHO) estimates that about 100,000 people die from poisonous snakebites each year. Many more people become paralyzed or permanently disabled.

 

Most victims live too far from clinics that could provide them with anti-venom. In Nepal, where more than 10% of bite victims die, an experimental program uses volunteer motorcyclists to save residents. Since the program launched 2003, only about 5% of victims who got a ride died. These findings were presented at the annual meeting of the American Society of Tropical Medicine and Hygiene.

 

QUOTABLE QUOTE:  "To sin by silence, when they should protest, makes cowards of men."

~ Ella Wheeler Wilcox (1850–1919), American author & poet

 

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http://scmra.org/Forums/Thread.aspx?pageid=3&t=163~-1#post170 BillBrews http://scmra.org/Forums/Thread.aspx?pageid= Wed, 15 Feb 2012 23:39:28 GMT
NCOM Biker Newsbytes AUGUST 2011  

THE AIM/NCOM MOTORCYCLE E-NEWS SERVICEis 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 ofRichard M. Lester. If you’ve been involved in any kind of accident, call us at 1-(800) ON-A-BIKE or visit www.ON-A-BIKE.com.

 

NCOM BIKER NEWSBYTES

Compiled & Edited by Bill Bish,

National Coalition of Motorcyclists (NCOM)

 

PRESIDENT OBAMA SIGNS REPEAL OF KIDS’ MOTORCYCLE BAN

President Barack Obama signed a bipartisan consumer safety bill on August 12 that exempts youth-sized motorcycles and all-terrain vehicles (ATVs) from the Consumer Product Safety Improvement Act (CPSIA) of 2008 that bans children’s products that contain lead.

 

H.R. 2715, introduced by U.S. Representatives Mary Bono Mack (R-CA) and G.K. Butterfield (D-NC), passed near-unanimously in the House 421-2 on Aug. 1 and was approved by unanimous consent by the Senate later that day.  The measure excludes kids’ off-road vehicles from the overly-broad CPSIA lead certification rules, which previously prohibited their sale due to lead content of components such as batteries and brakes.

 

“This law is a win-win for American consumers and the American economy,” said Congresswoman Bono Mack, “and I thank the President for signing this critically important bill into law.”

 

Be sure to contact your federal legislators and thank them for rectifying the onerous “Lead Law” bike ban, and for supporting the rights of millions of off-road enthusiasts and future motorcyclists.

 

ABATE OF MICHIGAN REQUESTS YOUR IMMEDIATE ACTION

This urgent Call To Action is on behalf of ABATE of Michigan, requesting the help of all motorcyclists in their fight for freedom.

 

“Senate Bill 291 passed the Michigan Senate in late June,” writes ABATE President Vince Consiglio.  “We are asking all rights activists to send a post card to Michigan's Governor, Rick Snyder, urging him to support motorcycle helmet choice for adults.”

 

Consiglio further advises that; “A postcard from a ‘FREE’ state may help him realize that Michigan loses motorcycle money every day of the summer with a mandatory helmet law.  Governor Snyder prides himself on being all about business and helping business.  Please urge Governor Snyder to support adult choice.” MAIL to: Governor Rick Snyder, State Capital, P.O. Box 30013, Lansing, MI 48909 or call (517) 373-3400 or e-mail Rick.Snyder@michigan.gov.

 

Michigan is one of 20 states with a mandatory helmet law for all riders, but before the state legislature broke for the summer the Senate voted 24-14 on June 28th to repeal their 40-year old helmet requirement for motorcyclists 21 or older, who have been riding for at least two years or passes a safety test, and have $100,000 in personal injury insurance. A sunset provision would cause the ban on helmetless riding to resume in five years, unless the legislature acts again. The heavily-amended measure now moves to the House of Representatives for further action.

 

NHTSA (AGAIN) PUSHES HELMET LAWS

NHTSA Administrator David Strickland has testified once again before a Congressional committee urging federal action to get motorcyclists to wear helmets.  On July 27, during a reauthorization hearing on the National Highway Traffic Safety Administration, Strickland told a subcommittee of the U.S. Senate Committee on Commerce, Science & Transportation that “the most important step we can take to reduce the deaths of motorcyclists on our roads and highways is to assure that all riders wear a DOT compliant helmet.”

 

He further stated that, “A grant program emphasizing the use of motorcycle helmets would be effective in reducing fatalities.”

 

Last year, in response to Congressional testimony from Strickland that increased helmet use is the core component of NHTSA’s motorcycle safety plan, U.S. Rep. Jim Sensenbrenner (R-WI) introduced a resolution urging NHTSA to concentrate on motorcycle crash prevention and rider education instead of lobbying for helmet laws.

 

U.S. MOTORCYCLE MARKET RESEARCH

Research and Markets, a worldwide marketing research resource, has announced the addition of the "Motorcycle Dealers" report to their offering of over 718,000 global marketing research reports, which covers nearly 4,300 motorcycle-related stores in the United States with combined annual revenue of $18 billion.

 

According to their industry research, no major companies dominate; most companies have a single retail outlet, “The industry is highly fragmented: the 50 largest companies generate just 10 percent of industry sales,” states the report.

 

Under the “Competitive Landscape” heading, the R&M report says: “Discretionary personal income and interest rates drive demand, since motorcycles are high-ticket purchases and often financed. The profitability of individual companies depends on volume and sales of higher-margin goods like heavyweight motorcycles. Large dealers have advantages in broad inventory selections and negotiating power with manufacturers. Small dealers can compete effectively by providing superior customer service or offering unique services, like bike customization.”

 

The report further observes that, “Major competitors include private market sellers, other recreational vehicle dealers, service center chains, and independent service shops.”

 

Other key topics include: Industry Overview, Business Challenges & Trends, Industry Forecast & Opportunities, and Products, Operations & Technology:

 

For those in the motorcycle industry or starting a motorcycle business, or interested in better understanding the two-wheel marketplace, check them out at www.researchandmarkets.com.

 

R&M has also conducted numerous other motorcycle-oriented marketing reports, including a Global Industry Guide and a Global Motorcycle Report, which examines market conditions across Western Europe, North America as well as key emerging countries such as China and India.

 

NEW REPORT REVEALS THAT 1 IN 7 DRIVERS ARE UNINSURED

Summer is the time for road trips, long motorcycle rides and making those daily back-and-forth trips to run household errands. Chances are drivers will not be involved in a vehicle accident during these travels, but everyone likely will be involved in at least one motor vehicle accident in his or her lifetime.

 

Across the United States, chances are roughly one in seven that a driver is uninsured, according to estimates released in April from the Insurance Research Council. The economic downturn is thought to be a major factor in the increase of uninsured motorists, with approximately 13.8% of U.S. drivers being uninsured in 2009 despite laws in most states requiring drivers to maintain minimum coverage.

 

In a new study, “Uninsured Motorists, 2011 edition,” the IRC estimates the percentage of uninsured drivers countrywide and in individual states for 2008 and 2009 based on the number of uninsured motorist insurance claims versus the number of bodily injury claims.

 

In 2009, the five states with the highest uninsured driver estimates were Mississippi, 28%; New Mexico, 26%; Tennessee, 24%; Oklahoma, 24%; and Florida, 24%.

 

The five states with the lowest uninsured driver estimates were Massachusetts, 4.5%; Maine, 4.5%; New York, 5%; Pennsylvania, 7%; and Vermont, 7%.

 

The moral? Protect yourself by making sure you’re fully covered, with Uninsured and Underinsured Motorist coverage included in your insurance policy!

 

SAFEST STATES TO RIDE

According to a statistical analysis from TheStreet.com financial website, the safest state to ride in is North Dakota, with a fatality rate nearly a third the national average, low levels of congestion and high quality road surfaces.

 

In an article “The Safest States for Motorcycles” in the August 1st Business Section, writer Greg Emerson points out that, “The truth is that motorcycle riding is up. Way up. Between 1996 and 2005, motorcycle registrations increased 61% while vehicle miles traveled of motorcycles grew only 8.6%, according to the Department of Transportation's Federal Highway Administration. That means a lot of new riders, riding not very far or not very often.”

 

In an effort to “help keep all those weekend warriors looking to get on a bike and go riding from losing their heads, we looked at the most recent fatality data -- from 2009 -- to determine which states were the safest for the aspiring Evel Knievels among us. We ranked all 50 states and the District of Columbia to see which ones had the smallest proportion of motorcycle deaths as a proportion of total traffic deaths.”

 

Half of the states fall below the national average of 15.4%, and half above. Here are the 10 states with the lowest ratio of rider fatalities:

 

Tenth-safest: Vermont - Motorcyclist fatalities: 68; Proportion of total vehicle deaths: 11.8%

Eighth-safest (tie): Virginia - Motorcyclist fatalities: 671; Proportion of total vehicle deaths: 11.5%

Eighth-safest (tie): Kentucky - Motorcyclist fatalities: 745; Proportion of total vehicle deaths: 11.5%

Seventh-safest: Missouri - Motorcyclist fatalities: 806; Proportion of total vehicle deaths: 10.8%

Sixth-safest: Wyoming - Motorcyclist fatalities: 129; Proportion of total vehicle deaths: 10.1%

Fifth-safest: Alabama - Motorcyclist fatalities: 776; Proportion of total vehicle deaths: 9.8%

Fourth-safest: West Virginia - Motorcyclist fatalities: 334; Proportion of total vehicle deaths: 7.5%

Third-safest: Mississippi - Motorcyclist fatalities: 632; Proportion of total vehicle deaths: 7.4%

Second-safest: Nebraska - Motorcyclist fatalities: 211; Proportion of total vehicle deaths: 7.1%

Safest: North Dakota - Motorcyclist fatalities: 135; Proportion of total vehicle deaths: 5.2%

 

HELMET AND ACCOUSTICS RESEARCH COULD QUIET THE RIDE

After accelerating, most of the sound that a rider can hear isn't from the bike engine or other vehicles on the road, but from the air rushing over and around their helmet. Noise levels inside a helmet can reach rock-concert levels when traveling at highway speeds, and a group of engineers and psychologists from two U.K. universities have gathered to study how to minimize helmet noise to protect riders from hearing damage and reduce the potential distraction that noise poses to riders.

 

Their research paper, which has been accepted for publication by The Journal of the Acoustical Society of America, says that riders experience noise from multiple sources. First is the engine noise, which is a relatively insignificant factor once riders accelerate to highway speeds. Audible wind noise can reach volumes as high as 115 decibels or more, roughly equivalent to what power saw operators without ear protection would hear. OSHA recommends limiting such exposure to 15 minutes or less per day. Turbulent air buffeting off the motorcycle windshield is another source of noise, as is air rushing around the chin bar of the helmet.

 

There's another type of sound experienced by riders, called body conducted sound. Aboard a motorcycle, this process transmits engine vibrations and the percussive force of the wind through the flesh and bone to the ear. Earplugs don't stop it, and it can be significant.

Another topic under investigation by the Bath group is how sound impacts attention, and one experiment measured how different volumes of sound impaired a test subject's peripheral vision.

 

While riders and others recognize that noise can be a serious health issue, many U.S. jurisdictions prohibit the use of earplugs or other noise-reducing devices. One long road trip could take a rider through numerous changes in local laws.

 

NIGERIA BANS MOTORCYCLES IN TERROR-STRUCK CITY

Officials in Maiduguri, Nigeria's seventh largest city and capital of northeastern Borno State, has banned motorbikes in a bid to curb militant activities borne on the backs of these ubiquitous vehicles.

 

Motorcycles and Okada (motorcycle taxis) are the predominant mode of transportation in the mostly impoverished city, and members of the Motorcycle Transport Union have protested the ban on their livelihood, but the Borno State government is desperate to crack down on Boko Haram, an extremely orthodox Islamist sect that is seeking to overthrow the secular government in favor of a Muslim state. The terrorist group has become known for brazen public attacks conducted while riding motorbikes, and has killed at least 40 people including police officers and politicians in drive-by motorbike attacks.

 

QUOTABLE QUOTE:"Useless laws weaken the necessary laws."

Charles de Montesquieu (1689-1755), French philosopher and political thinker
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http://scmra.org/Forums/Thread.aspx?pageid=3&t=129~-1#post134 BillBrews http://scmra.org/Forums/Thread.aspx?pageid= Sun, 21 Aug 2011 12:54:50 GMT
AIM/NCOM MOTORCYCLE E-NEWS SERVICE: NCOM Biker Newsbytes July 2011  

 

THE AIM/NCOM MOTORCYCLE E-NEWS SERVICEis brought to you by Aid to Injured Motorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the Law Offices of Richard M. Lester. If you’ve been involved in any kind of accident, call us at 1-(800) ON-A-BIKE or visit www.ON-A-BIKE.com.

 

NCOM BIKER NEWSBYTES

Compiled & Edited by Bill Bish,

National Coalition of Motorcyclists (NCOM)

 

FRANCE PARALYZED BY PROTESTING BIKERS

Despite pouring rain, nearly 100,000 angry motorcyclists brought every major city in France to a standstill in protest of unfair proposals including requiring every rider to wear a fluorescent yellow high visibility vest, banning traffic filtering (lane splitting), and increasing the size of motorcycle registration plates.

 

Organized by the Federation Francaise des Motards en Colere (FFMC – French Federation of Angry Bikers) through its highly efficient network of regional and local offices, Paris alone saw more than 15,000 bikers blocking the heart of the capital, with thousands more paralyzing dozens of cities across the country for hours with demonstrations against the French government and interior minister Claude Guéant for their anti-motorcycle policies and proposals.

 

“Bikers in France are just fed up with Guéant’s stupid proposals and his ’I can’t see you, I can’t hear you’ attitude, to the extent that almost 100,000 of them have today stood up against their government and paralyzed the whole nation,” reported www.ukfrancebikers.com.

 

In response to the largest motorcycle protest in France’s history, road safety director Michèle Merli said on national radio that bikers misunderstood the proposed obligation to wear a high visibility vest but would rather propose to riders that they wear a little yellow strap around their arm so that they can be better seen by motorists.

 

UK France bikers.com says they believe that “it is not the bikers who have misunderstood the latest government’s proposals but rather the French government who continue to severely misunderstand and under-estimate the safety of riders.”

 

CONGRESS CONSIDERS ALCOHOL PROHIBITION

Recognizing that higher levels of ethanol in gasoline can cause engine damage and void warranties for motorcycles, all-terrain vehicles and many other small gas-powered motors, U.S. Representative Jim Sensenbrenner (R-WI) has introduced H.R. 748 to prohibit the EPA from authorizing the use of gasoline containing greater than 10% ethanol.

 

The U.S. Environmental Protection Agency recently approved E15, gasoline containing 15% alcohol, for use in 2001 or newer cars and light duty trucks, though most on- or off-highway motorcycles and all ATVs are not approved for its use, and using the hotter-burning fuel could void the manufacturer’s warranty.

 

Motorcyclists should be concerned about the availability of compatible fuel supplies if gas stations primarily provide E15 gasoline for the majority of their customers, and riders are urged to contact their Congressional Representative to support H.R. 748.

 

FEDERAL EFFORTS TO HALT “LEAD LAW”

Congressman Denny Rehberg (R-MT) successfully inserted language into an appropriations bill on June 17 to prevent the government from using federal funds to enforce a ban on the sale of kids’ dirtbikes and ATVs due to the lead content of certain components.

 

A so-called “Lead Law” was passed by Congress in 2008 to protect children from the toxic metal typically contained in cheap imported toys, but the sales ban has also been enforced by the Consumer Product Safety Commission against youth-sized cycles which contain lead in certain components like batteries and brakes.

 

If passed with the Rehberg language intact, the federal funding measure would prohibit the CPSC from using money to enforce lead-content limits on off-highway vehicles intended for sale to children 12 and under.

 

In other developments in opposition to the “lead law”, a key Congressional subcommittee has approved a bill to exempt dirtbike and ATV battery terminals and other lead-content parts from the CPSC enforcement, voting on May 12 to send the Enhancing CPSC Authority and Discretion Act on to the full Committee on Energy and Commerce for further consideration.

 

NORTH CAROLINA PROHIBITS MOTORCYCLE-ONLY CHECKPOINTS

“HB 381 an Act to Prevent Law Enforcement Agencies from establishing patterns for vehicle stops at checking stations based on a particular type of vehicle is now Session Law 2011-216,” reports Doc Ski, legislative director for CBA/ABATE of North Carolina and a member of the National Coalition of Motorcyclists Legislative Task Force (NCOM-LTF).

 

The legislation passed unanimously through both houses of the legislature, and was signed into law on June 23 by Governor Beverly Perdue, making North Carolina the second state in a month behind New Hampshire to enact such laws in response to NHTSA funding of motorcycle-only checkpoints to stop motorcyclists en route to major biker events to check equipment and paperwork.

 

This bill, sponsored by Rep. John A. Torbett (R-Stanley), provides that a vehicle checkpoint pattern designated by a law enforcement agency shall not be based on a particular vehicle type and must include all types of vehicles, but does not restrict any other type of checkpoint or roadblock which is otherwise lawful.

 

In addition to preventing motorcycle-only roadblocks, Governor Perdue also signed HB 113 to increase the minimum penalties for violating the right of way of a motorcyclist.  The previous fine for this infraction was a mere $25, but this bill sponsored by Rep. Ric Killian (R-Raleigh) calls for a $200 fine for a driver who causes a motorcyclist to leave his travel lane.  The fine is increased to $500 if there is property damage or personal injury sustained from this violation.

 

STATES GREEN-LIGHT RED-LIGHT LAWS

Motorcyclists in a growing number of states are being allowed to go through red lights when sensors aren't able to detect they are there. Effective July 1, Virginia became the tenth state since 2002 to give motorcyclists license to proceed with caution after stopping when the device that causes the light to change from red to green doesn't activate, while a similar bill in Illinois sits on the governor’s desk awaiting his signature.

 

HB 1981 by Virginia State Delegate Thomas A. Greason (R-Potomac Falls) allows riders of motorcycles, mopeds and bicycles to treat red lights as stop signs provided they come to a complete stop for two cycles of the light before proceeding with due care when safe to do so.

 

Illinois Governor Pat Quinn has until August 29 to sign or veto HB 2860 by Rep. Dan Beiser (D-Alton) which would permit motorcycle operators to proceed through a steady red signal that fails to change to green within a “reasonable period of time”. In order to garner support for the measure, the city of Chicago was exempted from the proposed new law.

 

Kansas also recently passed a "dead red" law that allows motorcyclists to run inoperable red lights without risking a ticket, and similar legislation has passed in Minnesota (2002), Tennessee (2003), Arkansas (2005), Idaho (2006), Wisconsin (2006), North Carolina (2007), South Carolina (2008), and Missouri (2008). Texas and California have addressed the problem by passing laws to require stoplights to be fitted with sensors that can detect motorcycles.

 

PENNSYLVANIA OKAYS SUNDAY BIKE SALES

Governor Tom Corbett marked the midpoint of the 2011 legislative session in July by signing dozens of new laws, including legislation allowing Sunday sales for motorcycle dealers.

 

Effective in sixty days, licensed Pennsylvania motorcycle dealers will be allowed to sell, buy or trade bikes on Sunday. Current law allows the sale of motorcycle parts and other merchandise on Sunday, but not bikes.

 

SB 419 is designed to give Pennsylvania dealers a level playing field with neighboring states that allow Sunday sales. Supporters have said sales have fallen in southeast Pennsylvania stores and have grown in New Jersey and Maryland since Sunday sales began recently in those states.

 

HARLEY-DAVIDSON AUTOMOBILE LICENSE PLATE DEBUTS IN WISCONSIN

The first-ever Harley-Davidson license plate for automobiles is now available to Wisconsin drivers to help fund safety initiatives. The new license plate is the first and only Harley-Davidson branded plate available anywhere in the United States, and it is only being offered in Wisconsin -- the birthplace of Harley-Davidson.

 

Harley-Davidson Motor Company is partnering with the Wisconsin Department of Transportation to make the Harley-Davidson/Share the Road plates available for automobiles, light trucks and motor homes as of April 13, 2011.  The cost of the plates will include a $15 issuance fee, and an annual $25 donation that will help support safety initiatives throughout the state.

 

The car-size license plate was designed in collaboration with the Harley-Davidson Motor Company Styling Team. The words "Share the Road" are displayed to emphasize the importance of motorcycle safety.

 

DELAWARE GOVERNOR VETOESHELMET LAW REPEAL

Governor Jack Markell has vetoed HB 95 which would have repealed the requirement that persons operating a motorcycle in Delaware carry a safety helmet. Since 1978 when the state repealed their mandatory helmet law, Delaware has one of the most unique helmet laws on the books by requiring riders to have a helmet in their possession on the bike, but not requiring those over 18 to actually wear one.

 

Even as Delaware riders hear of their governor’s decision, all eyes are on Michigan where a bill to repeal their 42-year old helmet law appears destined for their governor’s desk, where its fate is no more certain.

 

The Michigan Senate recently voted 24-14 to approve a measure that would allow motorcyclists 21 or older to go lidless if they have been licensed to operate a motorcycle for at least two years or have passed a safety course, though ABATE of Michigan opposes an amendment requiring $100,000.00 in medical coverage to ride without a helmet, calling it excessive and noting that many insurance companies don’t offer such coverage, and if they did the cost would be prohibitive.

 

ABATE says they will fight to have the insurance requirement removed as the bill moves through the house, but though republican Governor Rick Snyder remains noncommittal he has hinted to the Detroit News that he’s willing to consider the elimination of Michigan’s motorcycle helmet law in the context of general auto insurance reforms that he’s preparing to propose to lawmakers. Three previous attempts to repeal the helmet law have been vetoed by prior governors, twice by Snyder's immediate predecessor democratic governor Jennifer Granholm.

 

JUDGE UPHOLDS PATCH-HOLDERS RIGHTS

“A federal judge has rejected an unprecedented bid by the U.S. government to seek control of a gang's name and its identity - via its logo - through a court order in a case involving the notorious Mongols motorcycle club,” according to the Associated Press report regarding an eight-page ruling by U.S. District Court Judge Otis Wright, II who wrote on June 28, 2011 that he must "regrettably" rule in favor of the Mongols because the group itself was not named in a 2008 racketeering indictment.

 

To summarize the Court’s findings, Aid to Injured Motorcyclists (A.I.M.) Attorney Boyd Spencer of Pennsylvania wrote:

 

Since the Mongols Nation Club was never indicted, much less ever convicted of any criminal act, then the criminal forfeiture of the trademark owned by the Mongols Nation was in total error.

 

The Mongols Motorcycle Club, or Mongol Nation, owned the trademark of the club colors since 1969.

 

Any assignment made by any member of the club to himself or any other individual was void. This is because the trademark was a collective membership mark which can only be owned by the organization for which the Mark stands. Only the Mongols Club, or Mongols Nation could have a property interest or own the patch, colors, or trademark for the patch or colors.

 

Since the Mongols were not indicted in the criminal action, the property of anyone other than the defendants in a criminal action, cannot have their personal property forfeited.

 

This order, and the prior litigation that led up to this order, is a victory for the rights of motorcycle clubs to own, display, and fly their colors, without forfeiture by the government.

 

QUOTABLE QUOTE:What lies behind us and what lies before us are tiny matters compared to what lies within us.”

 

Ralph Waldo Emerson (1803-1882) American Poet & Philosopher

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http://scmra.org/Forums/Thread.aspx?pageid=3&t=120~-1#post125 BillBrews http://scmra.org/Forums/Thread.aspx?pageid= Tue, 19 Jul 2011 23:41:20 GMT
AIM/NCOM Press Release 2011 NCOM Convention Memorialized in New Mexico  

NCOM CONVENTION MEMORIALIZED IN NEW MEXICO
“Having Learned of the Outstanding Achievements and Exceptional Accomplishments of the National Coalition of Motorcyclists…”the New Mexico House of Representative declared May 5-8, 2011 “National Coalition of Motorcyclists Recognition Days, and expresses its Wishes for another Enjoyable and Productive Gathering in the Land of Enchantment,” read the official proclamation presented to AIM/NCOM Founder Richard Lester during the opening ceremonies by longtime NCOM Legislative Task Force member N.M. State Rep. Rick Miera.
 
The 26th NCOM Convention was held Mother’s Day weekend at the Hyatt Regency, and returning to Albuquerque after 15 years “was a real eye-opener,” said James “Doc” Reichenbach III, Chairman of the Board of NCOM and President of ABATE of Florida, Inc., continuing; “We’re all a little grayer and a bit wider, but we’re also a lot freer than we were back in 1996, as we’d just defeated the national helmet law and since then five states have repealed their helmet laws while many others have passed biker-friendly bills…but most importantly, no new laws have been passed against us.”
 
In fact, one of the highlights of the NCOM Convention was the report from Washington State that their legislature had just passed the nation’s first anti-profiling law to prevent police from targeting motorcyclists for enforcement. “This is something that can be done in every state,” said Double-D of the Washington Confederation of Clubs, who was instrumental in lobbying for passage of the legislation.
 
That same message of strength through unity echoed throughout the weekend affair, bolstered by meetings and seminars focused on legislative efforts and litigation techniques to benefit our right to ride and Freedom of the Road.
The size of the Convention itself has doubled since the last time it was hosted in Albuquerque, as this year’s gathering drew nearly 1,200 biker activists from across the nation to discuss topics of concern to all riders, such as biker discrimination, motorcycle-only roadblocks, and mobilizing motorcyclists to push pro-motorcycling agendas and defeat anti-biking bills.
 
During the Silver Spoke Awards Banquet on Saturday evening, several honorees were recognized for their contributions to “Improving The Image of Motorcycling”, including; GOVERNMENT: Congressman Allen West (R-Fla); MEDIA: Tim & Bonnie King of Salem-News.com, COMMERCE: John Parham, owner of J&P Cycles; ART: Jerry King, Cartoonist; SPECIAL RECOGNITION: Sharon “Lady Ninja” Cancel, Co-Director of the National Sport Bike Association and Bill Hodges, Author and member of the Boozefighters MC; and NCOM’s highest honor the Ron Roloff Lifetime Achievement Award was presented to Harold “Gunny” Hutcheson, AIM Chief of Staff in Oregon and author of “The Gunny’s Sack” monthly news column. 
 
Next year’s 27th Annual NCOM Convention will be held next May 10-13, 2012 at the JW Marriott in Indianapolis, Indiana. For further information, contact NCOM at (800) 525-5355 or visit www.ON-A-BIKE.com.   
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http://scmra.org/Forums/Thread.aspx?pageid=3&t=108~-1#post113 BillBrews http://scmra.org/Forums/Thread.aspx?pageid= Sun, 29 May 2011 13:52:25 GMT
AIM/NCOM MOTORCYCLE E-NEWS SERVICE NCOM BIKER NEWSBYTES MAY 2011  

THE AIM/NCOM MOTORCYCLE E-NEWS SERVICEisbrought to you by Aid to Injured Motorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the Law Offices of Richard M. Lester. If you’ve been involved in any kind of accident, call us at 1-(800) ON-A-BIKE or visit www.ON-A-BIKE.com.

 

NCOM BIKER NEWSBYTES

Compiled & Edited by Bill Bish,

National Coalition of Motorcyclists (NCOM)

 

WASHINGTON STATE ENACTS NATION’S FIRSTANTI-PROFILING LAW

Motorcycle riders routinely report being profiled by law enforcement, but a new law in Washington State is intended to prohibit police from singling out bikers for stops without clear and legitimate reason.

 

Modeled after a 2002 state law outlawing racial profiling by police, the nation’s first “anti-profiling” bill passed unanimously through both the House and Senate, and was signed by Gov. Chris Gregoire on April 13. Sponsored by Rep. Steve Kirby (D-Tacoma), the new law will force local law enforcement agencies to adopt a written policy designed to condemn and prevent the profiling of motorcyclists, and it institutes training to address the problem.

 

Motorcycle enthusiasts presented compelling evidence to legislators, including a video of a state trooper crawling through bushes near the Legislative Building in Olympia two years ago and writing down motorcycle license plates while bikers were holding their annual “Black Thursday” legislative rally and lobby day.

 

Outsiders M/C member David “Double D” Devereaux, spokesperson for the Washington Confederation of Clubs and US Defenders of Washington State, testified in Olympia that almost every member of every club, and even motorcyclists who aren't in clubs, has been profiled. He said many lawmakers were unaware of the problem until they saw the video of police gathering information on the bikers as they were inside the Capitol building ironically seeking sponsorship for a bill that would stop motorcycle profiling.

 

Also lobbying on behalf of the bill was Donnie “Mr. Breeze” Landsman, Legislative Affairs Officer for ABATE of Washington, who told The News Tribune that he’s been denied service at restaurants for wearing a bandana and a leather vest; “Motorcyclists aren’t looking for special rights,” Landsman told the newspaper. “We want the same rights that are afforded to every other section of the population as American citizens.”

 

Double D and his club brother Jeff “Twitch” Burns, who produced an 86-minute video that chronicles the growth of the emerging anti-profiling movement within the motorcycling community, reported their success at the Patch Holder Meeting during the recent NCOM Convention in Albuquerque, N.M., to the resounding approval of bikers rights activists and COC reps attending from all across America. “This is something that could be done in every state,” Double D told the enthusiastic crowd…and should be.

 

STATES COMBAT MOTORCYCLE-ONLY CHECKPOINTS

Calling motorcycle-only roadblocks discriminatory and unconstitutional, ABATE of California is pushing a bill that would ban state and federal funding of such so-called “safety checkpoints”.

 

New York and Georgia have initiated roadside barricades under the auspices and guidance of NHTSA to coral motorcycle riders en route to major motorcycle events to check paperwork and equipment for violations, and for other illegal activity.

 

AB 1047, authored by Kevin Jeffries, Vice Chairman of the Assembly Transportation Committee, would prohibit the CA Office of Traffic Safety (OTS) from issuing grants to law enforcement agencies to stage Motorcycle-Only Checkpoints and also require the OTS to conduct audits of the safety checkpoint grants to insure that law enforcement is complying.

 

Similarly, North Carolina is currently considering two bills (H375 & H381) aimed at preventing law enforcement agencies from establishing patterns for vehicle stops at checking stations based on a particular type of vehicle.

 

In Congress, Rep. Tom Petri (R-WI) andsome of his colleagues have authored legislation to de-fund the checkpoints.  US House Resolution 904 would prevent the US DOT from providing funds to states which would be used for motorcycle roadblocks.

 

 

Motorcyclists across the country are also awaiting a court ruling on the constitutionality of the New York checkpoints, being challenged by N.Y. Aid to Injured Motorcyclists (A.I.M.) Attorney Mitch Proner, which could wind up on the docket of the U.S. Supreme Court.

 

MOTORCYCLE FATALITIES CONTINUE DECLINE

Motorcycle fatalities declined in 2010 by at least 2%, according to a new state-by-state report released on April 19 by the Governors Highway Safety Association (GHSA).

 

Based on preliminary data, GHSA’s motorcycle fatality report projects that deaths declined from 4,465 in 2009 to 4,376 or less in 2010. The projection is based upon data from 50 states and the District of Columbia for the first nine months of 2010. The decline comes on the heels of a 16% drop in 2009, which followed 11 straight years of steady increases in motorcycle deaths which mirrored annual increases in motorcycle sales and registrations.

 

GHSA is projecting declines in approximately half of the states, with notable declines in many. In Texas, for example, based upon data for the first nine months of 2010, motorcycle deaths are expected to be down 16%, while Oregon and Oklahoma are down 27% and 30%, respectively.

 

But fatalities had started to climb back up during the last three months in the study, prompting fears that the improving economy and surging gas prices will lead to increased motorcycle travel and thus increasing exposure to risk.

 

NHTSA UPDATES MOTORCYCLE HELMET STANDARDS

The National Highway Traffic Safety Administration has updated the federal motorcycle helmet standards (FMVSS 218) in an attempt to stop riders from wearing non-DOT approved “novelty” helmets. The new standard does not affect the construction of helmets directly, but changes the way they're labeled to make it more difficult to mimic DOT compliance certifications.

 

Effective immediately under the final rule issued May 13, helmets that conform to Federal Motor Vehicle Safety Standard No. 218 will carry a sticker with the manufacturer's name, the helmet model and the words "DOT FMVSS No. 218 Certified." The move to make non-compliant helmets harder to sell comes after the number of riders sporting novelty helmets increased dramatically in 2010 over 2009.

 

According to NHTSA statistics, in 2010, only 54% of motorcyclists wore a DOT-approved helmet. Around 14% wore a novelty helmet, and 32% rode without a helmet. In 2009, those numbers were 67%, 9% and 24%, respectively. In 2010, 75% of riders who did elect to wear a helmet wore a DOT-compliant one. In 2009, that number was 86%.

 

NHTSA says 5.2 million helmets are sold annually. Twenty states require all motorcycle riders to wear helmets, but only 13 states specify that the helmets must meet federal standards.

 

“DEAD RED” LAW ALLOWS RIDERS TORUN STOPLIGHTS

Motorcyclists in several states have been given a green light to run red lights, and now riders in Kansas can proceed with caution through a stuck signal if it has failed to change green within a reasonable amount of time because the signal has malfunctioned or failed to detect the cycle.

 

HB 2192, The Dead Red Law, has been signed into law by Governor Sam Brownback and goes into effect June 1 for intersections across the state with sensors. Traffic sensors imbedded in the roadway normally tell the light to change when a vehicle approaches, but motorcycles often aren't heavy enough to trigger it, argued ABATE of Kansas in support of the legislation.

 

The measure was packaged with a series of road-related measures, including provisions raising the state's maximum highway speed to 75 mph.

 

Nine other states currently allow motorcyclists to proceed through a signal that fails to detect their presence, and similar legislation is being considered in Illinois where HB 2860 passed the House 104-0 and is awaiting further action in the Senate.

 

MOTORCYCLE SALES STOKED BY GAS PRICES

Motorcycle sales in the U.S. rose 7.2% during the first quarter OF 2011, compared with the same period a year earlier, says the Motorcycle Industry Council.

 

In its retail sales report, which tracks sales among the 18 leading brands sold in the U.S., the industry trade group said scooters posted the biggest sales increase of nearly 50%. Sales of dual-purpose motorcycles, which are designed for highway and off-road use rose almost 25%, attributed in part to the segment’s overall fuel efficiency.

 

In a separate but related report, a recent survey of Harley-Davidson dealerships suggests that retail sales improved in the first three months of the year. According to an analysis by Raymond James & Associates, 55% of the dealerships surveyed said they had a year-over-year sales increase in the quarter, and nearly all reported that inventories were “ideal” or “light”.

 

The MIC also reported that tire sales, which it says are an indicator of motorcycle use, also rose in the first three months of the year. Motorcycle and scooter tire sales increased 29%, while sales of tires for on-highway bikes rose 28% and scooter tires jumped 49%.

 

The industry council’s owner survey estimates the number of motorcycle miles traveled rose 5% to 27.6 billion miles from 2008-09. The percentage of U.S. households with at least one motorcycle grew to 6.8% in 2009 from 5.4% in 2003.

 

E-CYCLE GROWTH FORECAST

More and more motorcycles and scooters powered by electricity are hitting the road, and some experts predict that the number of electric two-wheel vehicles could swell to more than 100 million worldwide within the next 5 years.

 

Currently, there are about 17 million electric motorcycles and scooters on the road, but a new study by Pike Research shows that that the global market could expand to more than 138 million by 2017.

 

“Electric motorcycles and scooters have strong appeal for many consumers,” says senior analyst Dave Hurst. “They are relatively low cost to own, do not take a lot of space, and are easy to maintain.”

 

Electric motorcycles are becoming more capable every day. Chip Yates recently set a land speed record with his electric motorcycle, reaching nearly 200 mph, and the TTXGP racing series was just officially sanctioned by the FIM.

 

VICTORY FOR INDIAN

America’s oldest motorcycle brand now has a new owner. Polaris Industries Inc. (NYSE: PII) has announced the acquisition of Indian Motorcycle, adding one of motorcycling’s legendary brands to its stable of Victory cruiser and touring bikes.

 

Polaris, which has manufacturing plants in Roseau, Minn., and Spirit Lake, Iowa, will close down the Indian Motorcycle production facility in Kings Point, N.C., and move all production to Spirit Lake.

 

Polaris said it hopes to capture a bigger share of the $11 billion heavyweight cruiser market by operating Indian as an independent business unit, combining Polaris' "engineering acumen and innovative technology" with Indian's "premium brand, iconic design and rich American history."

 

RIDE TO WORK, WORK TO RIDE

Every year more and more riders are finding cycles and scooters to be an economical, efficient and fun way to commute. Because of this, the 20th annual worldwide Ride To Work Day, scheduled for June 20, 2011 is expected to be one of the largest ever.

 

On Ride to Work Day, the practical side of riding becomes more visible as a large number of America's 8,000,000 cycles and scooters are ridden to work, which helps to demonstrate how these vehicles make parking easier and help traffic flow better. Studies have shown that across equal distances, commuting motorcyclists reach their destinations in less time than those using automobiles, and that motorcycles and scooters consume less resources per mile, and that they take up less space on roads.

 

For further information and promotional materials, visit www.ridetowork.org.

 

QUOTABLE QUOTE:  “One man can make a difference, and every man should try.

-- John Fitzgerald Kennedy(1917-1963), 35thUS President

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http://scmra.org/Forums/Thread.aspx?pageid=3&t=106~-1#post111 BillBrews http://scmra.org/Forums/Thread.aspx?pageid= Wed, 25 May 2011 10:54:46 GMT
NCOM Biker Newsbytes APRIL 2011  

CONGRESS ACTS TO REINFORCE BAN ON NHTSA LOBBYING

May is Motorcycle Awareness Month across the country, and Congressional lawmakers are introducing a resolution on May 2 to continue current restrictions on NHTSA that prevent the federal transportation agency from lobbying state and local governments to enact helmet laws.

 

The lobbying ban was originally amended into the Transportation Equity Act in 1998, but U.S. Rep. Jim Sensenbrenner (R-WI) and his House colleagues want to reinforce the prohibitions on NHTSA lobbying and focus the agency’s efforts on crash prevention and rider education.

 

According to the resolution, the U.S. House of Representatives "supports efforts to retain the ban on the National Highway Traffic Safety Administration's ability to lobby state legislators using federal tax dollars, encourages continued growth in the motorcyclist community, and encourages owners and riders to be responsible road users."

 

The resolution, similar to a version Sensenbrenner introduced last session, goes on to say that the House "recognizes the importance of motorcycle crash prevention as the primary source of motorcycle safety (and) encourages NHTSA to focus on motorcycle crash prevention and rider education as the most significant priorities in motorcycle safety."

 

“KIDS JUST WANT TO RIDE” COMPANION BILL INTRODUCED IN U.S. SENATE

U.S. Sen. Amy Klobuchar (D-MN) has introduced an amendment to exempt youth motorcycles and ATVs from the “lead law” that will effectively ban the sale of these machines.

 

Senate Amendment 264 would exempt youth off highway vehicles from the overly-restrictive lead-content provisions of the Consumer Product Safety Improvement Act (CPSIA) of 2008, which has decimated the youth motorsports industry and will ban their sale at the end of the year unless the CPSIA language is changed.

 

Meant to protect our children from imported toys with lead-based paint, the CPSIA prohibits the making, importing, distributing or selling of any product intended for children 12 and under that contains more than a specified amount of lead in any accessible part. The unintended consequences were that, because some parts such as brakes and battery components contain lead, dealerships were barred from selling motorcycles and ATVs intended for young riders, as well as replacement parts.

 

The Klobuchar amendment is similar to H.R. 412, the Kids Just Want to Ride Act introduced in the House by Rep. Denny Rehberg (R-MT), and would amend S. 493, the Small Business Innovation Research Reauthorization Act.

 

You can contact your Congressional representatives through the U.S. Capitol Switchboard at (202) 224-3121 to urge their support.

 

BIKERS PROTEST MOTORCYCLE-ONLY CHECKPOINTS

Hundreds of motorcyclists from around Georgia rode to the Capitol to rev their engines in protest of a federal grant the Georgia State Patrol is using to conduct motorcycle-only checkpoints.

 

The crowd denounced the overly-invasive and discriminatory roadblocks as unconstitutional and chanted “No more profile stops” and "Education, not checkpoints!"

 

The protest rally came two weeks after the state patrol conducted motorcycle checkpoints on Interstates 75 and 95 during Daytona Bike Week, during which troopers stopped motorcyclists at roadblocks to check for proper paperwork, approved helmet, and properly functioning equipment.

 

“The roadblocks are a violation of our rights and are a pure attempt at profiling,” said Dan Forrest, State Director of ABATE of Georgia. “Having a registration, proof of insurance and an endorsement on our license does make us safe. Loud pipes never killed anyone.”

 

Georgia is the first state to conduct such checkpoints under a federal grant from the National Highway Traffic Safety Administration as part of a $350,000 pool of funds available to as many as five law enforcement agencies nationwide to test the effectiveness of a New York State Police pilot program.

 

Several motorcycle organizations are urging riders to call on Governor Nathan Deal to cancel the remainder of the checkpoints, which will be scheduled over the next 20 months at undisclosed locations during unannounced times.

 

Some in Congress have also questioned NHTSA’s grant and called for Transportation Secretary Ray LaHood to pull the plug on future funding for motorcycle-only checkpoints. Rep. Tom Petri (R-WI), who recently co-sponsored legislation to prohibit such grants, called the checkpoints “outrageously intrusive.”

 

Indeed, many of the protesters at the March 23rd rally held signs in support of US House Resolution 904 which would prevent the US DOT from providing funds to states which would be used for motorcycle roadblocks.

 

In the meantime, motorcyclists are also awaiting a court ruling on the constitutionality of the New York checkpoints, being challenged by N.Y. Aid to Injured Motorcyclists (A.I.M.) Attorney Mitch Proner on behalf of his clients as well as representing the interests of ABATE of New York and the National Coalition of Motorcyclists (NCOM).

 

MOTORCYCLISTS COME TOGETHER FOR JAPAN

The 2011 Japan Earthquake and subsequent Tsunami last month has affected the motorcycle industry in a big way, especially since Japan is home to the "Big Four" motorcycle manufacturers: Yamaha, Honda, Suzuki and Kawasaki.

 

As the disaster relief efforts continue in Northeastern Japan, American motorcyclists are doing what they can to help those struggling through the cleanup and rebuilding, with U.S. motorcycle industry groups, racing series and even the American division of Japanese manufacturers raising funds in various fashions.

 

Three U.S. powersports industry associations announced that they are joining forces to provide financial assistance to the relief efforts underway in Japan. The boards and members of the Motorcycle Industry Council, the Motorcycle Safety Foundation and the Specialty Vehicle Institute of America are collectively donating $10,000 to the 2011 Japan Relief Fund, and each organization is encouraging its members and individuals in the riding community to make their own contributions via a link on their websites (visit MIC.org, rockmoto.com, motorcycles.org, MSF-USA.org, SVIA.org or atvsafety.org and click on the “2011 Japan Relief Fund” tab). All donations will go to experienced non-governmental disaster relief agencies in Japan that have a proven track record of emergency humanitarian relief and restoration work.

 

To provide support to those affected by Japan’s worst natural disaster; the massive 9.0-magnitude earthquake that triggered a tsunami that caused widespread devastation and crippled nuclear power plants, the presidents of all of the U.S.-based Kawasaki entities are collecting donations from employees under their matching gift program and forwarding the contributions to the Red Cross. The Kawasaki Good Times Foundation is contributing $50,000 to initiate the charitable giving campaign.

 

Even iconic American motorcycle manufacturer Harley-Davidson has reached out to the disaster zone with a $250,000 donation to the American Red Cross aid effort in Japan, and has established a link on their website to the Red Cross (www.RedCross.org) to make it easier for employees, customers and other riders to contribute.

 

EUROPEAN STUDY YIELDS INSIGHT INTO MOTORCYCLE ACCIDENTS

European researchers discovered some interesting facts about the common causes of motorcycle accidents. The Motorcycle Accidents In Depth Study (MAIDS) was based on 921 motorcycle accidents, which included 103 fatalities, across France, Germany, Italy, the Netherlands and Spain. While some of the findings were expected, others were unanticipated. Not surprisingly, the study indicates that the motorcyclists most often collided with passenger vehicles. Surprisingly or not, 70% of passenger vehicle drivers involved in accidents with motorcycles failed to perceive the motorcyclist. And while 73.1% of riders attempted some form of collision avoidance, 32% nonetheless experienced some form of loss of control during the maneuver. While all this may seem disheartening to riders, there are steps that can be taken to maximize safety; other findings from the study indicate: Over half of the accidents occurred at intersections - Although 90% of those involved in crashes were wearing helmets, 9% of helmeted riders lost their helmets in crashes due to improper fit, fastening or damage - Younger riders -- those between 18 and 25 years of age -- crashed at a higher percentage and riders aged 41 to 55 crashed less frequently - Riders wearing dark clothes were more likely to crash than others - Modified conventional street motorcycles were over-represented in crashes in the study, but engine size did not appear to be a factor - Unlicensed bikers were more likely to crash than properly licensed bikers - Weather was deemed to be a factor in only 7.5% of accidents.

 

VIRGINIA LAUNCHES “RIDER ALERT” CARD

Richmond Ambulance Authority (RAA) and Bon Secours Virginia Health System, in partnership with Motorcycle Virginia, Inc., have launched a new program designed to save the lives of injured motorcyclists. The program provides free identification data cards that will help first responders provide rapid and accurate medical assistance to riders involved in accidents.

 

Motorcyclists who participate are provided a free Rider Alert card that contains their personal emergency contact and medical information in the event of a crash. The cards are kept inside the lining of riders' helmets and come with a 1-inch round sticker placed outside the helmet to alert emergency responders of the card. The sticker also warns bystanders not to remove the rider's helmet, which could prevent further injury.

 

RAA officials say the Rider Alert card program is the first of its kind in the United States, and said that they modeled their program on an initiative in Great Britain known as "CRASH Card", developed two years ago by that country's Ambulance Motorcycle Club.

 

On a national level, Aid to Injured Motorcyclists (A.I.M.) was founded on a similar premise over 25 years ago by California attorney Richard M. Lester, issuing free Emergency Medical cards to bikers across the country that are linked to a database of their important medical information and emergency contact. A.I.M. has notified ambulance companies and first responders across the country to look for the yellow A.I.M. Card in a downed rider’s wallet.

 

We applaud Virginia’s Rider Alert program and can appreciate their organizers’ level of commitment to implement such a life-saving project,” said Lester, whose A.I.M. program also networks with biker attorneys in every state to represent the interests of injured motorcyclists. “When a rider is down, they need all the help they can get as fast as they can get it.

 

More than three million A.I.M. Cards have been issued since 1985, and you can get yours free by calling (800) ON-A-BIKE or visit www.ON-A-BIKE.com.  Free “Do Not Remove This Helmet” stickers are also available.

 

WEIRD NEWS: HONDA WORKING ON MOTORCYCLE SEATBELTS

Yes, you read it right…Honda is working on a system of seatbelts for motorcycles.  Seems crazy, but it appears to be a serious project judging from the patents Honda has filed for the system, and images posted on BikersPost.com.

 

According to the website, the belt arrangement is designed for larger touring bikes like the Gold Wing where the rider won't be moving around much in the seat, and the belt can work with the airbag to more effectively reduce injuries.

 

However, Honda apparently has recognized that in a lot of accidents it's better to be away from the bike rather than attached to it, so their new seatbelt system also has elements of ejector seat: When the computer senses that the bike is irretrievably tipping over it releases the entire seat, with the rider still attached, and inflates an airbag backrest. “The idea is that having ejected you slide down the road in a sitting position, with the seat betwixt your hide and the asphalt. Sort of extreme tobogganing.”

 

Of course, nobody envisioned airbags on a motorcycle either, before Honda’s R&D team put one on their Gold Wing as a factory option.

 

QUOTABLE QUOTE: “How far you go in life depends on your being tender with the young, compassionate with the aged, sympathetic with the striving and tolerant of the weak and strong. Because someday in life you will have been all of these.

~ George Washington Carver, scientist (1864-1943)

 

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http://scmra.org/Forums/Thread.aspx?pageid=3&t=95~-1#post99 BillBrews http://scmra.org/Forums/Thread.aspx?pageid= Fri, 22 Apr 2011 10:55:01 GMT
NCOM BIKER NEWSBYTES Mar 11  

THE AIM/NCOM MOTORCYCLE E-NEWS SERVICEis brought to you by Aid to Injured
Motorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the Law Offices of Richard M. Lester. If you’ve been involved in any kind of accident, call us at 1-(800) ON-A-BIKE or visit www.ON-A-BIKE.com.

 

NCOM BIKER NEWSBYTES

Compiled & Edited by Bill Bish,

National Coalition of Motorcyclists (NCOM)

 

 

MOTORCYCLISTS AWAIT ROADBLOCK RULING

Motorcycle riders across the country are anxiously awaiting a decision from the U.S. District Court for the Northern District of New York which they hope will declare New York ’s “motorcycle only” roadblocks to be unconstitutional. The so-called “safety checkpoints”, which target well-known motorcycle events, force motorcyclists to leave the roadway, regardless of any wrongdoing, and have their persons and property inspected for equipment violations, proper paperwork, DUI and stolen VIN numbers. The National Highway Transportation Safety Administration (NHTSA) is now providing Federal funding for law enforcement to conduct such motorcycle-only checkpoints nationwide despite objections raised by members of Congress and legal challenges from the biker community.

 

The New York lawsuit is the first to challenge the constitutionality of motorcycle checkpoints. The plaintiffs are being represented by Proner & Proner, led by N.Y. Aid to Injured Motorcyclists (A.I.M.) Attorney Mitch Proner, a motorcycle-riding lawyer who has a long history of doing “pro bono” (free) legal work to protect the rights of motorcyclists. The Proner law firm commenced the lawsuit on behalf of four motorcyclists who were detained at two separate checkpoints, as well as representing the interests of ABATE of New York and the National Coalition of Motorcyclists (NCOM).

 

The checkpoints in question are funded by a grant from the New York Governor’s Traffic Safety Committee and the troopers who work them are paid overtime. Although the stated purpose of the checkpoints is to promote safety, the majority of the more than a thousand tickets which were issued during the first year of the checkpoints had nothing to do with safety and instead focused on non-safety violations such as loud pipes. The written guidelines for the checkpoints specifically state that one of the purposes of the checkpoints is to look for stolen and forged VINs and the police readily admit that they often have undercover members of their gang and auto theft units working the checkpoints looking for signs of criminal activity.

 

According to Proner, the Supreme Court of the United States has repeatedly made it clear that any roadway checkpoint whose primary purpose is general crime control constitutes an unreasonable search and seizure under the Fourth Amendment and is presumptively unconstitutional. Notwithstanding that fact, the progress reports which the police prepared on the checkpoints specifically state that the grant funds are used “for overtime for intelligence gathering and the subsequent criminal and traffic enforcement.” The police admit that the checkpoints, which focus only on equipment violations and forged and stolen VINs, do not address any of the major causes of motorcycle accidents such as reckless driving, driver inattentiveness and alcohol impairment.

 

The case, Wagner et al. v. The County of Schenectady , et al. could wind up in the U.S. Supreme Court. The future of motorcyclists’ rights hangs in the balance.

 

 

BILLS INTRODUCED TO PROHIBIT MOTORCYCLE-ONLY CHECKPOINTS

Even as Georgia police prepared to launch the nation’s first federally-funded motorcycle-only checkpoints during Daytona Bike Week, lawmakers in Washington were taking steps to cut federal funding for the controversial practice.

 

Wisconsin Reps. Jim Sensenbrenner, Paul Ryan and Tom Petri introduced House Resolution 904 on March 3rd that would prohibit the secretary of transportation from providing funds to state and local governments for the use of motorcycle-only traffic checkpoints.

 

“The first step in motorcycle crash prevention should be rider education and increased awareness. Taxpayer money should not be spent on helmet checkpoints that do not prevent crashes," Petri said in a news release. "Also, it's outrageously intrusive. Nobody is suggesting pulling cars off the road for unscheduled inspections, so why are motorcycle riders being harassed?"

 

“We stand in solidarity against the unconstitutional use of motorcycle-only checkpoints being implemented in Georgia, and may be coming to your state soon,” said Escondido Paul, National Lt. Commander of the US Defenders, in issuing a Call To Action (CTA) urging all motorcyclists to contact their federal officials to “solicit their support against grant money being used by the Federal Government to induce other States to participate in such discriminatory actions!”

 

In related news, bills have been recently introduced in New Hampshire (HB 148) and California (AB 1047) to prohibit any state law enforcement agency from accepting federal funding to establish motorcycle-only roadside checkpoints.

 

 

SUPREME COURT RULES IN FAVOR OF MILITARY FUNERAL PROTESTORS

Freedom of Speech was considered by our Founding Fathers to be our most important Constitutional right, which is why it is the First Amendment to the Bill of Rights, but the U.S. Supreme Court’s recent ruling favoring the rights of hateful protestors over the dignity of a military funeral doesn’t sit well with some motorcyclists.  In particular, the Patriot Guard Riders were formed in 2005 to protect the funerals of fallen warriors and shield mourners from the incendiary demonstrations waged by Westboro Baptist Church , which claims soldiers’ deaths are “divine retribution” for American tolerance of homosexuality.

 

The High Court ruled 8-1 on Wednesday, March 9th with only Justice Sam Alito dissenting, that the First Amendment protects hateful protests at military funerals, despite the pain they cause grieving families. “Our soldiers fought to give Westboro the right to free speech,” said Mike Todd, a member of the Patriot Guard Riders from Reading , Michigan , noting the irony.

 

Although describing the court’s holding as narrow, Chief Justice John Roberts wrote for the majority, saying of free speech; “It can stir people to action, move them to tears of both joy and sorrow, and -- as it did here -- inflict great pain … we cannot react to that pain by punishing the speaker.”  He said the national commitment to free speech requires protection of “even hurtful speech on public issues to ensure that we do not stifle public debate.”

 

The case arose from a protest at the funeral of a Marine who had died in Iraq , Lance Cpl. Matthew Snyder. As with hundreds of other funerals, members of the Westboro Baptist Church of Topeka, Kan., appeared with signs bearing such messages as “Thank God for Dead Soldiers” and “America Is Doomed”.

 

Albert Snyder sued regarding the intentional infliction of emotional distress at the funeral of his son, and won an $11 million jury award that was later reduced by a judge to $5 million, but the verdict was overturned by a federal appeals court that ruled the Constitution shielded the church members from liability. The Supreme Court’s decision upholds the appeals court ruling that threw out a $5 million judgment to the dead Marine’s father.

 

Dissenting Justice Alito strongly disagreed, likening the protest to fighting words, not protected by the First Amendment.  ”Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case,” he wrote.

 

Westboro’s antagonistic tactics have resulted in a torrent of legislative activity rarely rivaled in the annals of First Amendment history, with 41 states and the U.S. Congress having passed laws limiting funeral protests, usually establishing minimum distances and time constraints, while numerous municipalities have also passed funeral-protest ordinances at the local level.

 

RIDING OUT THE RECESSION

With gasoline prices approaching $4 a gallon, commuters are turning to more fuel efficient motorcycles to save money.  Sales and interest are up across the country, and many motorcycle dealers anticipate the popularity of motorcycles to increase even more.

 

Signs that the two-wheeled world is getting back on the road to recovery are coming from not only improving motorcycle sales, but also by the financial health of bikers themselves. Fewer bikers appear to be making late payments or defaulting on their motorcycle loans, according to a report issued by Fitch Ratings, a credit rating agency working with Harley-Davidson’s Financial Services (HDFS) division.

 

In addition, the report also notes the improving market for previously owned motorcycles is again gaining strength, in part due to reduced inventory levels at dealers. This would allow for any repossessed motorcycles to be sold for a better price than they may have the year before.

 

 

NEW JERSEY LIFTS BAN ON SUNDAY MOTORCYCLE SALES

New Jersey motorcycle dealers are rejoicing that they can now sell bikes on Sundays. Governor Chris Christie signed a bill into law allowing the Sunday motorcycle sales on March 3; though the measure does not affect the state’s ban on Sunday automobile sales, nor does it apply in Bergen County where Blue Laws continue to prohibit the sale of most nonessential items on Sundays.

 

State Senator Donald Norcross introduced the legislation after a Camden County dealership complained about losing customers to stores in nearby Pennsylvania and Delaware as a result of the Sunday ban, adding that most motorcycle buyers tend to make purchases on weekends.

 

“With our dealerships closed for business on Sunday, consumers were heading across the river to make their purchases at bike shops in neighboring states,” said Norcross. “Especially in this economy, we need to give businesses the tools they need to remain competitive.”

 

Motorcycle businesses in Indiana and Wisconsin have also been trying to overturn bans on Sunday bike sales.

 

 

CONGRESSIONAL MOTORCYCLE CAUCUS EXPANDS

Newly-elected U.S. Rep. Allen West (R-FL), who was accused by his incumbent foe of belonging to a “biker gang” because he was supported by the South Florida Confederation of Clubs, has become one of the newest members of the Congressional Motorcycle Caucus.

 

The bi-partisan caucus is comprised of members of Congress who are passionate about motorcycling and who work to promote the interests of motorcyclists. The CMSC has actively highlighted the safety of motorcyclists by passing Congressional Resolutions supporting the goals of May is Motorcycle Safety Awareness Month, drawing attention to Ride to Work Day and ensuring that motorcycle safety is remembered in the transportation reauthorization process.

 

"I'm very pleased to be able to join the Congressional Motorcycle Caucus to work with my esteemed colleagues on issues related to motorcycling," said West, who is indeed an active motorcyclist who contributes political articles for a local South Florida biker magazine “Wheels on the Road”.

 

West joins with fellow U.S. Representatives Tim Walberg (R-MI), Tim Griffin (R-AR), Reid Ribble (R-WI) and Jeff Denham (R-CA) as the most recent motorcycle enthusiasts on the caucus. Other members include Reps. G.K. Butterfield (D-NC), Michael Conaway (R-TX), John Duncan (R-TN), Bob Filner (D-CA), Randy Forbes (R-VA), Walter Jones (R-NC), Doug Lamborn (R-CO) and Tim Walz (D-MN).

 

Reps. Michael Burgess (R-TX) and Gabrielle Giffords (D-AZ) founded the Congressional Motorcycle Safety Caucus on June 26, 2009 and currently serve as co-chairs of the caucus, despite a gunman’s vicious attack on Giffords.

 

Reps. West and Giffords were both recently selected by the NCOM Board of Directors to receive the coveted Silver Spoke Award - Legislative at the upcoming 26th Annual NCOM Convention over Mother’s Day weekend May 5-8, 2011 at the Hyatt Regency in Albuquerque , New Mexico . For further information, or to register for the NCOM Convention, visit www.ON-A-BIKE.com or call (800) 525-5355.

 

 

AMERICA’S MOST DANGEROUS DRIVERS BY PROFESSION

Chances are the car that cut you off in traffic was driven by an attorney, or a judge, or government worker or maybe even a dog groomer, according to a new study listing the most dangerous drivers by profession.

 

A study conducted by an online insurance agency found that lawyers snared the No. 1 spot on a Top 10 list of “Most Dangerous Drivers By Profession,” with 44% claiming a prior accident when receiving a car insurance comparison quote from insurance.com. Findings were based on accident claims as a percentage of quotes, the agency said, and used its proprietary data.

 

Here is the full list Insurance.com’s study of most dangerous driver’s by profession: 1-Attorney/Judge; 2-Financial professionals; 3-Government worker (GS6); 4-Bartender or Waiter; 5-Business Professionals; 6-Dog Groomer; 7-Marketing/Advertising professionals; 8-Barber/Stylist; 9-Coach; and 10-Nurse.

 

So why did these folks rank so high? Distraction.

 

That was apparently the opposite for those on the other end of the study, deemed the least dangerous drivers. To that end are athletes and homemakers, the agency said. “Professions that demand multi-tasking - being on the phone, moving fast on a tight schedule - are prone to more distractions and, from there, more accidents,” said Sam Belden, vice president at Insurance.com. “On the other hand, though the job of a homemaker demands multi-tasking, young children are often along for any car ride. And when children are involved, people tend to take their time and use greater caution.”

 

 

QUOTABLE QUOTE:In matters of conscience the law of majority has no place.”

Mohandas “Mahatma” Gandhi (1869-1948) Hindu Spiritual and Political leader

 

 

BREAKING NEWS FLASH:

FORMER WISCONSIN SENATOR DAVE ZIEN INJURED IN MOTORCYCLE ACCIDENT

As we prepare to go to press, NCOM has just learned that longtime bikers’ rights activist Dave Zien, a former Wisconsin state senator and record-setting long distance rider, was involved in an early morning crash on Sunday, March 13th while attending Daytona Bike Week, and was taken by helicopter to the Tallahassee Memorial Medical Center and placed in intensive care.

 

According to news accounts, an SUV traveling in front of Zien on Interstate 10 attempted to change lanes, lost control and flipped onto its side. Zien, 59, was unable to avoid the overturned vehicle. Early reports indicate that Zien lost part of his left leg and suffered a broken hip.

 

Zien is a longtime member of the NCOM Legislative Task Forcewho fought against helmet laws and for bikers’ rights during his 13 years in the state Senate, from 1993 to 2006. He's been inducted into both the Sturgis Motorcycle Hall of Fame and the AMA Motorcycle Hall of Fame and rode more than 1 million miles on a 1991 Harley-Davidson Sport Glide.

 

Please keep Dave in your thoughts and prayers, and NCOM wishes him all the best on his road to recovery.

 

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http://scmra.org/Forums/Thread.aspx?pageid=3&t=79~-1#post83 BillBrews http://scmra.org/Forums/Thread.aspx?pageid= Wed, 16 Mar 2011 10:58:40 GMT
NCOM Biker Newsbytes FEB 2011  

THE AIM/NCOM MOTORCYCLE E-NEWS SERVICEis brought to you by Aid to Injured Motorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the Law Offices of Richard M. Lester. If you’ve been involved in any kind of accident, call us at 1-(800) ON-A-BIKE or visit www.ON-A-BIKE.com.

 

NCOM BIKER NEWSBYTES

Compiled & Edited by Bill Bish,

National Coalition of Motorcyclists (NCOM)

 

KIDS JUST WANT TO RIDE ACT

Two years ago the Consumer Product Safety Commission (CPSC) implemented the Consumer Product Safety Improvement Act (CPSIA) of 2008 to regulate the lead content in children’s toys, inadvertently banning the sale of youth model all-terrain vehicles and off-highway motorcycles due to trace levels of lead in some inaccessible components.

 

On January 25, Representative Denny Rehberg (R-MT) introduced H.R. 412, the Kids Just Want to Ride Act of 2011, which would exempt child-sized dirtbikes and ATVs from the “Lead Law” and provide a legislative fix to the misapplied restrictions.

 

The Kids Just Want to Ride Act aims to clarify the previous federal law, which the consumer agency claims they must strictly interpret as written despite having twice postponed enforcement.

 

Rep. Rehberg joined 22 fellow lawmakers from both parties in the House to introduce the new bipartisan act, calling the legislation “…the best way to clarify congressional intent and ensure that children have access to the youth-sized vehicles that will keep them safe.” Senator Jon Tester (D-MT) has announced plans to introduce similar legislation in the Senate.

 

Congress conducted initial hearings on the CPSIA on February 17 in the House Subcommittee on Commerce, Manufacturing and Trade, and reviewed CPSC resources for implementing the lead law.

 

TAKING AIM AT CHILD PASSENGERS

A Virginia Beach lawmaker has tried and failed to prohibit children under 8 from riding on motorcycles, but despite the defeat of HB 1850 the issue is recurring in states across the country.

 

In opposing the measure, Matt Danielson, legal counsel for the Virginia Coalition of Motorcyclists (VCOM), said that there have been no fatalities among children under 8 riding on motorcycles in the past ten years. "I don't look at this as a governmental issue. I look at this as a parental issue," said Danielson on behalf of VCOM, a political action committee that represents motorcyclists' interests in the General Assembly. "I think the parent can make a better decision about whether their child is ready to ride than can some legislator in Richmond."

 

Such reasoning hasn’t deterred other state legislation, such as HB 2232 in Oregon that would ban kids under 7 from riding as a passenger, despite existing state law that requires a motorcycle passenger’s feet must reach the footpegs.

 

Furthermore, in a bid to ban children from riding motorcycles in the Philippines, a ranking senator has cited the State’s power to invoke parens patriae, or the constitutional mandate to “assume and act as a natural parent or guardian in order to safeguard the welfare of any child or individual or an incapacitated and dependent minor who is in need of protection against danger, risk of lives and limbs.”

 

With the growing number of motorcycle users worldwide, and with economic influences making motorbikes the most affordable mode of transportation, the matter of children riding and who is ultimately responsible for their safety and welfare will be a mounting concern.

 

U.S. HOUSE BILL ENCOURAGES STATE VEHICLE SAFETY INSPECTION PROGRAMS

U.S. Representative Sheila Jackson-Lee (D-TX) has introduced House Bill 229, the Michael Jon Newkirk Transportation Safety Enhancement Act of 2011 that establishes national standards for state safety inspections for motor vehicles. The bill requires states to establish minimum annual vehicle safety inspection programs or lose specific federal funds.

 

Included in the requirements listed in the language of this new bill, states must enact and enforce "a law that requires the owner of a motor vehicle registered in the state to present the vehicle for inspection on an annual basis to ensure that the vehicle meets or exceeds motor vehicle safety standards to be established by the state."

 

Less than half the states have vehicle safety inspection programs and of those programs that do exist, many have inconsistent standards, a situation that HB 229 intends to address by standardizing such safety inspection procedures.

 

WARNING: AUTOMOTIVE SAFETY DEVICES COMING SOON TO MOTORCYCLES

Within the next two years, motorcycles could be sporting collision detection and other safety features more typically found installed in cars. The new safety systems being tested for motorcycles include speed limit warnings, information about neighboring vehicles and changing lanes, and information of the tightness of road bends and the speed in which to turn.

 

According to a report from the BBC (British Broadcasting Corporation), tests are being completed to bring the latest technologies found on cars to two-wheels, and the rise in motorcyclist fatalities has prompted researchers to adapt the first bike-based safety systems by late 2012.

 

MIRA (the Motor Industry Research Association) acts as a testing and innovation center for carmakers and has been carrying out tests on the “Saferider” systems on road bikes and simulators. An ITS (Intelligent Transportation Systems) consultant at MIRA, Jonathan Moore, said of the project: “Saferider takes the driver safety systems that are becoming standard on cars and tries to adapt them to the unique needs of motorcyclists.”

 

Moore said making safety systems on motorcycles useful was "challenging" because of all the distractions to which riders were subjected. With traffic noise and motorcycle helmets insulating riders from the traditional audible alarms found on car collision systems, researchers have looked for ways to alert bikers of pending danger with tactile warning systems such as vibrating seats and special gloves.

 

New hi-tech systems could also protect riders from themselves, as one system being tested warns that a rider is going too fast to negotiate a turn. MIRA has developed “smart” software that acts as a "co-pilot" which, with the help of a digital map, knows what speed a motorcyclist should be travelling to make it around an approaching curve in the road.

 

MOTORCYCLE SALES CONTINUE DECLINE, BUT SHOW SIGNS OF IMPROVEMENT

Sales of new motorcycles, scooters and ATVs dropped from 2009 to 2010, but some increases were seen in the month of December according to a recently released sales report for 2010 from the Motorcycle Industry Council (MIC).

 

In 2009, motorcycle sales saw a drastic drop. Close to 360,000 fewer motorcycles were sold in 2009 as compared to 2008, and sales have continued to decline. Total motorcycle sales, including scooters, through 2010 dropped 15.8%, or 82,198 fewer units in 2010 for a total of 439,678 motorcycles sold this year. If you break it down into category, off-road, dual-sport, highway, and scooters all saw a decrease in sales this year.

 

The biggest loser was off-highway motorcycles, which saw a 23.3% decrease with a drop of nearly 25,000 bikes. The scooter segment saw the smallest decrease at 9.4%, amounting to 3,000 fewer units than were sold in 2009. ATV sales were down 64,000 units, or 20% down.

 

December saw increases in some segments over the prior year month. Scooter sales were up 20% over the year-ago month, with an increase of 322 units. Dual purpose motorcycles also increased, at 7.2%, with a rise of 86 units over December 2009.

 

SOUTH CAROLINA BILL WOULD ALLOW CHARITABLE RAFFLES

With many states around the nation cracking down on everything from poker runs to raffles, lawmakers in South Carolina moving to ensure that local churches, schools and nonprofits do not unknowingly break the law when they hold charitable raffles.

 

Legislation, already approved by a Senate committee 18-4, would change the state Constitution to allow the groups to hold a limited number of raffles and casino nights annually -- as long as 90% of the money raised goes to benefit charitable causes.

 

“It’s a good start,” said Austin Coates of ABATE South Carolina, a motorcyclist rights nonprofit that holds hundreds of raffles annually for Special Olympics, breast cancer prevention, burn victims and others. “But there’ll be a fight ahead before it becomes law.”

 

The bill next heads to the full Senate for consideration. Should it survive there, it would go to the House. Ultimately, however, voters would have to approve any change in the state Constitution.

 

MOTORCYCLE CHECKPOINTS IN GEORGIA DURING BIKE WEEK

The state of Georgia has received a $70,000 federal grant to launch motorcycle-only checkpoints in early March, just as Daytona Bike Week is getting underway. For most travelers, their route will take them through Georgia and likely into awaiting roadblocks to check for such things as proper license and current registration, insurance, DOT-approved helmets, EPA-approved mufflers, working horn and lights, etc, etc.

 

“We were informed by unnamed sources that the Check Points would start in early March to coincide with the Daytona Bike Week event,” said Dan Forrest, State Director of ABATE of Georgia. “Most points of entry to Florida will be involved, so anyone traveling through Georgia to Daytona might want to rethink their route.”

 

The US Defenders have issued a Call To Action regarding the proliferation of these motorcycle-only roadblocks being funded by NHTSA grants, and are urging the motorcycle community to voice their opposition to these so-called “Safety Checks” by contacting NHTSA, the U.S. DOT and most importantly by asking your own federal legislators to support H.R. 1498 by Rep. Jim Sensenbrenner (R-WI) to retain a ban on NHTSA's ability to lobby State Legislators using our federal dollars through the "Motorcycle Law Enforcement Demonstration" grant program (DTNH22-10-R-00386).

 

“These roadblocks or checkpoints for motorcycles ONLY are being conducted illegally and are discriminatory to say the least,” says Escondido Paul, National Lt. Commander of the US Defenders. “This is one more piece of evidence of the constant profiling attempts targeting our community at large.”

 

WASHINGTON STATE BILL WOULD PROHIBIT MOTORCYCLE PROFILING

The Confederation of Clubs, US Defenders and ABATE of Washington are seeking support for legislation that would condemn and prevent the widespread law enforcement practice of motorcycle profiling.

 

The Washington Courts have confirmed that the Washington State Patrol is guilty of unlawful profiling and discrimination against motorcyclists. In 2002 the Court granted a permanent injunction against the State Patrol’s use of a training pamphlet titled BIKER 101 (Wulfekuhle v. Washington State Patrol). However, on November 23, 2009 the WSP, under oath, explicitly admitted that they profile members of motorcycle clubs and continue to use BIKER 101 as a training manual.

 

This gross violation of a Washington State Superior Court injunction proves that the pattern of motorcycle profiling continues and that the WSP brazenly violates the liberties of motorcyclists
even in the face of judicial reprimand.

 

To curb such injustices, Rep. Steve Kirby (D-Tacoma) introduced HB 1333 on January 19 to require law enforcement agencies to adopt a written policy that condemns and prevents motorcycle profiling, review existing procedures, and institute training to address the issue of motorcycle profiling, which means using the fact that a person rides a motorcycle or wears motorcycle-related clothes as a factor in deciding to stop and question, arrest, or search a person or a vehicle without legal basis. (Companion: SB 5242).

 

QUOTABLE QUOTE: “Nobody made a greater mistake than he who did nothing because he could do only a little.”

Edmund Burke (1729-1797), British statesman and philosopher

_______________________________________________

Cycle_News mailing list

Cycle_News@aimncom.com

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http://scmra.org/Forums/Thread.aspx?pageid=3&t=61~-1#post64 BillBrews http://scmra.org/Forums/Thread.aspx?pageid= Thu, 24 Feb 2011 00:03:41 GMT
NCOM Biker Newsbytes Jan 2011  

THE AIM/NCOM MOTORCYCLE E-NEWS SERVICEis brought to you by Aid to Injured Motorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the Law Offices of Richard M. Lester. If you’ve been involved in any kind of accident, call us at 1-(800) ON-A-BIKE or visit www.ON-A-BIKE.com.
 
NCOM BIKER NEWSBYTES
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists (NCOM)
 
MOTORCYCLE-RIDING CONGRESSWOMAN SHOT
In what has been described as a national tragedy, a deranged gunman opened fire during a public meeting with constituents by Arizona Congresswoman Gabrielle Giffords outside a Tucson supermarket on January 8 that left six dead and more than a dozen injured including the state rep who was critically injured with a bullet wound to the head.
 
Giffords, 40, rides motorcycles and married an astronaut at a wedding where everything had to be biodegradable. She is a centrist three-term Democrat who champions gun rights, lists fiscal discipline as one of her top issues and was re-elected in a conservative district when Republicans took control of the House.
 
Before entering politics she ran the family tire business, which was founded by her grandfather in 1949. Perhaps growing up in an auto-focused family led to her love of motorcycles. She is a co-chair of the Congressional Motorcycle Caucus with Republican Walt Jones of North Carolina.
 
In 2009 Rep. Giffords taped a video message encouraging people to ride their motorcycles to work, saying that she likes to ride motorcycles, but also likes that they leave a smaller carbon footprint than cars. She also sided with motorcycle riders who favor state legislation to ride helmet-free, as she does.
 
Though early reports suggested Giffords was fatally shot, she miraculously survived being shot point-blank through the brain and her doctors are optimistic about her chances of recovery. The thoughts and prayers of America’s motorcycling community are with her and the other victims of this tragic assault.
 
NEW YEAR, NEW LAWS
The New Year rang in several new laws across the country affecting the motorcycle riding community, including the onerous new California anti-noise law that requires EPA-labeling for motorcycle exhausts on bikes built after 2012.
 
Other less volatile laws also took effect on January 1st, including another California law that requires would-be motorcyclists under 21 to complete an approved safety course before an applicant can receive an instruction permit to learn to ride. California lawmakers also passed a law to curb motorcycle thefts by outlawing possession of so-called “pigtails” which are homemade ignitions that allow a crook to start a motorcycle in as little as 20 seconds. Previously, burglary tools for the purpose of breaking into or stealing a vehicle other than a motorcycle were prohibited.
 
Several states have recently enacted legislation requiring the completion of a motorcycle training course before being issued a motorcycle license endorsement, and this year Connecticut and North Carolina join the growing list of states tightening restrictions on motorcycle licensure for newbie riders.  In Oregon, a new training requirement went into effect to mandate safety classes for new motorcyclists under the age of 30, and the law will expand over the next few years to include all new riders regardless of age.
 
Already in the works for 2011, state legislatures are considering new laws to ban passengers under 8 years old in Virginia (House Bill 1850), allow Sunday motorcycle sales in Indiana (Senate Bill 108), and calls for a helmet law in Kentucky (House Bill 163). In Nebraska, Legislative Bill 62 has been filed to allow adult riders to opt out of the state’s mandatory helmet law with the completion of an approved motorcycle safety course.
 
EUROPE TO MANDATE ABS FOR MOTORCYCLES
A European Union Commission has presented its proposal for new framework regulation for motorcycles. It plans to mandate anti-lock braking systems (ABS) for motorcycles with more than 125cc displacement from 2017 onwards.
 
Although the first anti-lock braking system was installed on a motorcycle in 1988, only 16% of all newly manufactured motorcycles in Europe were equipped with ABS, and by comparison car manufacturers have made ABS standard equipment since 2004 which has contributed to a 49% overall decline in fatal car accidents in the EU.

Experts regard anti-lock braking as a huge boost to safety. For example, a benefit analysis conducted for the European Commission calculates that the proposed regulation would reduce the number of fatal motorcycle accidents by more than 5,000 over a 10-year period.

A study presented by Vagverket, the Swedish highways authority, in October 2009 showed that 38% of all motorcycle accidents involving personal injury and 48% of all serious and fatal accidents, could have been prevented with ABS. This active safety system allows motorcyclists to brake safely in critical situations without locking the wheels, and thus without having to fear an inevitable fall. Braking distance is also significantly reduced.
 
The proposal is currently passing through the EU legislative procedure but will likely be adopted next year. The regulation will come into effect from 2017.
 
In the U.S., the National Highway Traffic Safety Administration has considered requiring ABS on new motorcycles sold in America, and will likely take up the issue in the near future.

ECONOMIC UPTICK HAS AMERICANS BUYING LEISURE PRODUCTS AGAIN
People are buying expensive leisure products again, after they held back during the recession. A new report from Milwaukee’s Robert W. Baird and Company said motorcycle sales fell by half during the downturn, and ATV sales were just 30% of what they used to be.
 
But Baird analyst Craig Kennison says many consumers now have a brighter outlook, in spite of high unemployment and a housing market that continues to be depressed. He said inventories for new leisure items are low, and there’s a strong demand for used goods.
 
Kennison said Milwaukee’s Harley-Davidson Motor Co. slashed its production during the recession - and that drove up the prices for used bikes. But now, he says more folks are buying new Harleys with the help of trade-ins.
 
And while it’s hard to prove, Kennison expects the same trend for cars, RV’s, and other big ticket items. He also said consumers are more confident about their personal wealth, especially after the Bush tax cuts were extended. Had Congress not acted this month, Kennison said it might have been a disaster for discretionary spending.
 
SURVEY SAYS; AGE UP, QUALITY DOWN
Bikers are getting older and they spend more at a motorcycle dealership they are happy with, according to a new ownership survey recently released by J.D. Power and Associates.
 
J.D. Power's 13th annual U.S. Motorcycle Competitive Information Study also reveals that motorcycle quality has dipped to 2008 levels, with 152 problems reported per 100 motorcycles (PPM) -- an increase of 29 PPM. One half of owners surveyed reported that most of those problems (44%) are engine related, and the study suggests that gearshift problems, clutch chatter, and insufficient engine power have the greatest impact on overall satisfaction.
 
The study cites a few no-brainers, like the fact that "Sales volumes and revenue of ancillary goods and services tend to be considerably higher -- by an average of $957 -- at motorcycle dealerships that provide a highly satisfying experience vs. dealerships that do not."
 
But the causal relationship between customer satisfaction and dollars spent is less ominous than their findings that the average rider age has risen from 40 to 49 since 2001, "an indication that many owners may soon exit the market"... combined with the study’s findings that first-time motorcycle buyers are on the decline, makes it all the more imperative that the motorcycle industry seeks to capture the interest of younger riders who might consider buying their first bike.
 
FEWER BUSINESSES SELLING MOTORCYCLES, PARTS & ACCESSORIES
There are 10,428 retail outlets in the United States that conduct business related to motorcycles, scooters or ATVs, down by more than 25% from 13,973 such businesses in 2009, according to the Motorcycle Industry Council.
 
These were the principle findings of the MIC 2010 Retail Outlet Audit, a summary of which the council sent to its members this week. The audit was completed in December 2010.
The report broke down the total by the number of retailers that sell new major-brand vehicles -- 5,134, or 49.2% -- and the number of retailers not selling new vehicles, but specializing in parts, accessories, apparel, used vehicles or service: 5,294, or 50.8%.
 
The MIC conducted its research by collecting information from all the manufacturers above, as well as from the trade magazines Dealernews and Motorcycle Product News. Because the study’s sources vary from year to year, the MIC warns that comparisons with previous years are subject to “considerable error.”
 
The report further indicates that 58.8% of the new vehicle retail outlets carry only one of the 13 major brands. Slightly less than one-fifth are dual-line outlets, and 21.9% carry three or more of the major brands. The total number of franchises distributed among the 5,134 new vehicle outlets declined 5.6% to 9,182 from 9,731 in 2009.
 
NO BONES ABOUT IT
Most “experts” agree that riding motorcycles helps you to FEEL younger, but can riding actually make your body healthier and more youthful?
 
A recent Medical College of Georgia study found that; "A daily dose of whole body vibration may help reduce the usual bone density loss that occurs with age," on top of improving muscle strength and promoting weight loss... so it would appear that pulsating power from a motorcycle engine and the rumble of the open road will help aging bones get stronger.
 
The extrapolation isn't entirely far-fetched, and may lead to a healthy new excuse to ride; “Honey, I’m taking my exer-cycle for a workout.”
 
WEIRD NEWS: CANADIAN BIKERS OUTRAGED OVER GOVERNMENT SPYING
Motorcycle operators in Quebec are outraged that the province’s automobile insurance board hired a private PR firm “to spy on us” and gather information about the group.
 
The insurance board decided to monitor the group of motorcyclists earlier this year after learning that a coalition of angry owners had been formed to fight huge insurance rate hikes. The public relations firm National was granted a contract to investigate the activities of the Front Commun Motocycliste, which had set up kiosks at a Quebec City motorcycle show.
 
“They give the impression of being organized, documented and especially very motivated,” the firm stated in its two-page report after observing the group at the bike show. The report stated that the motorcycle owners were “dynamic and aggressive in their approach” with visitors.
 
Members of the group were appalled to learn that the government would pay a private firm to monitor their activities. “We are outraged, flabbergasted and scandalized to learn that taxpayers’ money was used to spy on us. We are average taxpayers. We aren’t al-Qaeda,” said Éric Lessard, spokesman for the group. “The government is showing complete contempt for motorcycle owners.”
 
The board denied spying on the group, telling the Globe and Mail newspaper that  “There was a lot of anger and we knew protest groups were being formed,” according to a spokeswoman for the automobile insurance board, Audrey Chaput. “We granted a contract to the firm National to go out and listen to what the groups were saying and to feel the pulse of the movement.”
 
Motorcycle owners have protested vigorously against insurance rate increases that have doubled since 2007 for owners of average-size motorcycles and more than quadrupled for owners of high-powered motorcycles considered more hazardous by the insurance board.
 
2011 NCOM CONVENTION IN ALBUQUERQUE
Mark your calendar now for the 26th annual NCOM Convention, to be held Mother’s Day weekend, May 5-8, 2011 at the Hyatt Regency Albuquerque located at 330 Tijeras Ave NW, in Albuquerque, New Mexico.
 
This annual gathering will draw bikers’ rights activists from across the country to discuss topics of concern to all riders, so reserve your room now for the special NCOM rate of $80.00 by calling (800) 233-1234. Airport/Hotel transportation is available.
 
Registration fees for the NCOM Convention are $75 including the Silver Spoke Awards Banquet on Saturday night, or $40 for the Convention only. All motorcyclists are welcome and encouraged to attend.
 
Meetings, seminars and group discussions will focus on legislative efforts and litigation techniques to benefit our right to ride and Freedom of the Road.
 
To pre-register, call the National Coalition of Motorcyclists at (800) 525-5355 or visit www.ON-A-BIKE.com.
 
QUOTABLE QUOTE: “Political tags - such as royalist, communist, democrat, populist, fascist, liberal, conservative, and so forth - are never basic criteria.  The human race divides politically into those who want people to be controlled and those who have no such desire.”
Robert Anson Heinlein (1907-1988) American author and science fiction writer

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http://scmra.org/Forums/Thread.aspx?pageid=3&t=49~-1#post51 BillBrews http://scmra.org/Forums/Thread.aspx?pageid= Fri, 14 Jan 2011 12:03:31 GMT