NCOM Biker NEWSBYTES - February 2013 - by Bill Bish

KONGRES
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)
 
CONGRESS TO CONSIDER BARRING E15 ETHANOL GAS
Legislation has been introduced in the U.S. Senate to overturn EPA approval of the sale of E15 gasoline.  Calling the U.S. Environmental Protection Agency’s actions to allow the 15% ethanol blend “irresponsible” and “unfair to consumers,” U.S. Senator Roger Wicker (R-MS) and Sen. David Vitter (R-LA) filed a bill on Valentine’s Day, February 14th that would reverse EPA waivers allowing E15 to be sold to the public for use in most modern cars and light-duty trucks.
 
“Whether you drive a car, truck, boat, or tractor, misfueling with E15 could result in engine failure, increased emissions, and the voiding of warranty coverage,” Vitter said in announcing S. 344.
 
“EPA’s flawed waivers allowing E15 amount to government bureaucrats issuing short-sighted regulations that negatively impact families and businesses across the country,” added Wicker, a member of the Senate Environment and Public Works Committee.
 
No motorcycles or ATVs are approved to use E15, and manufacturers warn that its use could damage engines and void warranties.
 
In related news, in an effort to prevent consumers from inadvertently misfueling non-approved vehicles with E15, the EPA has announced a new requirement for gas stations that sell E15 to provide a separate E10/E0 pump. Retailers would be required to have a label on pumps that dispense multiple fuel blends of E15-and-higher that reads: "Passenger Vehicles Only. Use in Other Vehicles, Engines and Equipment May Violate Federal Law," and to post signs that indicate the location of the dedicated E10-or-lower fuel pump.
 
MIC OPPOSES MINIMUM NOISE LEVELS FOR ELECTRIC MOTORCYCLES
The Motorcycle Industry Council announced its opposition to a proposed rule by the National Highway Traffic Safety Administration (NHTSA) that would require electric motorcycles to emit a minimum sound to protect pedestrians.
 
The MIC recently submitted comments opposing NHTSA’s published Notice of Proposed Rulemaking for FMVSS No. 141, Minimum Sound Requirements for Hybrid and Electric Vehicles, which would set minimum sound requirements for hybrid and electric vehicles, including but not limited to, motorcycles. Pursuant to the Pedestrian Safety Enhancement Act in 2010, FMVSS No. 141 is designed to ensure that blind, visually impaired and other pedestrians are able to detect nearby hybrid and electric vehicles in a range of ambient environments.
 
In the MIC’s comments, the motorcycle industry group argued that because of the unique attributes of motorcycles, NHTSA should not need to require a minimum sound for them. The MIC says that motorcycle riders are better able to see and avoid pedestrians because their sight is unobstructed, and motorcyclists are more alert because of their vulnerability. The MIC also stated that electric motorcycles are not quiet, so they shouldn’t need to be subject to minimum sound requirements.
 
The MIC stated further that adding a speaker system to electric motorcycles to emit sounds would be an issue because motorcycles have less space to add such a system, the weight of the system would have a large effect on the motorcycle’s low-speed stability, energy consumption of the speaker system would have a greater impact on a motorcycle’s range and the price of installing the system would be higher than with automobiles.
 
NHTSA is seeking comments on minimum sound requirements through March 15, and details can be found atwww.federalregister.gov.
 
BIKERS PUSH FOR ANTI-PROFILING BILL IN ARIZONA
A hearing room filled with patch-wearing motorcycle club members broke out in cheers on February 6 as an Arizona Senate public safety committee voted to approve a bill requiring police to take training highlighting a ban on profiling of motorcyclists by law enforcement officers.
 
Senator Judy Burges (R-Sun City) sponsored the anti-profiling bill to address complaints from motorcycle club members who say they're frequently stopped by police for no legitimate reason.
 
The bill would require the Arizona Peace Officer Standards and Training Board (known as AzPOST) to include courses emphasizing the prohibition against stopping a biker for riding or wearing club colors, or questioning or searching them based only on those factors.
 
Rick Rodriguez of Glendale, a member of the ALMA Motorcycle Club, said that harassment of patch-wearing bikers by police is rampant. "It's not illegal to be an Elk, it's not illegal to be an Eagle, it's not illegal to be a Shriner, a Knight of Columbus," he told the Associated Press. "We wear collective marks, we ride motorcycles, that's what we like to do. I understand the average Joe citizen doesn't feel our plight. But when they get done with bikers, who are they going to pick on next?"
 
Although the measure passed 4-0, with three Democratic members absent, committee chairman Sen. Chester Crandell cautioned the jubilant crowd that the bill still has a long way to go before it becomes law and needs major changes.
 
TEXAS BIKERS LOBBY FOR CRASH PREVENTION ACT
Suits and leather jackets rubbed shoulders in the Capitol’s corridors in Austin, Texas on Monday, January 28, as the two disparate groups share a concern over education funding; while the state’s universities lobbied lawmakers over the General Appropriations bill’s impact on higher education, motorcycle associations are concerned that funds allocated last session to the Texas Department of Public Safety are not being used effectively to support road safety and thereby costing taxpayers.
 
More money is needed for motorcycle training and to educate the public about sharing the road with riders, said Terri Williams, a spokesperson for the Texas Motorcycle Rights Association (TMRA2) and on behalf of the Texas Confederation of Clubs and Independents. Texas’ "Share the Road" campaign isn’t long enough, only lasting the month of May, while states with yearlong programs have fewer accidents, which saves taxpayers money.
 
The motorcycle groups are asking state lawmakers to pass the Motorcycle Crash Prevention Act, a new bill aimed at lowering the number of motorcycle accidents across Texas by providing additional funding to expand Texas’ “Share the Road” program -- a public service campaign intended to make drivers more aware of motorcycles on the road -- and if the proposed bill becomes law, it would also fund more training for riders.
 
OHIO MODIFIES HANDLEBAR HEIGHT LAW
Ohio has modified its handlebar height law using language amended into S.B. 114 to change the limit from 15 inches above the lowest point of the saddle to no higher than shoulder height of the operator when seated in the operator’s seat or saddle.
 
The bill also changes the definition of a motorcycle by creating a “cab-enclosed motorcycle” classification for two- or three-wheeled vehicles having an occupant compartment top that is either permanent or removable. The bill was signed into law by Governor John Kasich on December 19, 2012 and changes take effect March 19, 2013.
 
CALIFORNIA OFFICIALS UNVEIL LANE-SHARING RULES
About 87% of California motorcycle riders reportedly slide between cars on crowded roadways – while only half of car drivers know it’s legal and 7% admit they’ve tried to block them – which is why the California Highway Patrol is now providing guidance to safely maneuver the white lines.
 
California is the only state in the country where so-called “lane-splitting” or “lane-sharing” isn’t illegal, but state authorities have never, until now, told motorcyclists how to weave between traffic safely.
 
The new rules, which the CHP posted on their website after consulting with other state agencies and motorcycle-rider groups as part of the California Motorcyclist Safety Program which trains new riders in the state, apply to city streets, highways and freeways across the Golden State.
 
"Basically, what we're most interested in is the speeds," said Sgt. Mark Pope, statewide motorcycle safety coordinator for the CHP. "You should lane-split no faster than 10 mph over the speed of traffic around you, and we recommend riders not split at all if the traffic is faster than 30 mph."
 
CHP officers have always had the legal authority to ticket motorcyclists who were driving dangerously fast, Pope said, but the new rules are designed to provide specifics.
 
The new written guidelines, which carry no legal weight, can be found at http://bit.ly/XxIRJb  
 
NEW MOTORCYCLE SALES REV UP
Motorcycle sales in the United States revved up in 2012, rising a healthy 2.6% over 2011, according to a report released by the Motorcycle Industry Council.  Better yet, the trade group said, retail activity was up in all four motorcycle "segments" -- the first time that has happened since 2002 -- with increases in scooter, dual-purpose, off-road and on-highway motorcycle sales.
 
Scooter sales rose the most, at 7.7%, with dual-purpose motorcycles following closely at 7.4%. Sales of dirt bikes rose 2.1%, while those of on-highway bikes, which make up by far the largest segment in terms of overall numbers, went up the least, at 1.8%.
 
The numbers were in line with expectations, as the MIC reported in December that for the first time since the market softened in 2006 and then crashed in 2008, it anticipated reporting an increase in sales figures.
 
Just over 1.1 million motorcycles were sold in 2006, and fewer than half that many in 2011 with 452,386 total new units sold in the U.S.
 
JAPANESE MOTORCYCLE EXPORTS TO U.S. FLATTEN FOLLOWING DRAMATIC RISE
Japanese manufacturers in 2012 exported 166,601 motorcycles to the United States, an increase of 1% compared to 2011, following a dramatic 87% increase in 2011 after the OEMs exported only 88,074 motorcycles to the country in 2010.
 
These figures come courtesy of the searchable database of the Japan Automobile Manufacturers Association. They pertain to the Big Four: Honda, Kawasaki, Suzuki and Yamaha.
 
JAMA reports that exports worldwide in 2012 decreased 5% to 479,163 after last year’s upturn.
 
USED BIKE MARKET EXPERIENCES UPTURN
Used motorcycle sales have heated up, sparking optimism at dealerships where trade-ins have become more valuable.
 
As the economy has improved, even if it's been marginal, more people have decided to go ahead and buy a motorcycle. And if they can't afford a new bike, it could be a used one.
Used motorcycle prices have recovered meaningfully since 2008, rising to a level that supports a healthy demand for new bikes as well, according to a recent survey from Robert W. Baird & Co.
 
Used Harley prices were up 7% from a year ago and remain well above the low points found in the recession, said Baird analyst Craig Kennison who analyzed motorcycle sales data from the National Automobile Dealers Association.  "If the demand for used motorcycles picks up, it usually suggests the demand for new bikes will go up as well," Kennison said.
 
2013 NCOM CONVENTION IN RENO
The 28th annual NCOM Convention will be held Mother’s Day weekend, May 9-12, 2013 at the Silver Legacy Resort-Casino located at 407 N. Virginia St. in Reno, Nevada.
 
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 $95 by calling (800) 687-8733.
 
Registration fees for the NCOM Convention are $80 including the Silver Spoke Awards Banquet on Saturday night, or $45 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: "Any man who thinks he can be happy and prosperous by letting the Government take care of him better take a closer look at the American Indian!"
Henry Ford (1863-1947) American industrialist
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