NCOM Biker NEWSBYTES - March 2013 - by Bill Bish
March/20/2013
NCOM BIKER NEWSBYTES
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists (NCOM)
LEGISLATION WOULD PROHIBIT E15 GAS PENDING FURTHER INVESTIGATION
Congressman Jim Sensenbrenner (R-WI) has introduced H.R. 875, which would require the Environmental Protection Agency to stop the use of gasoline containing 15% ethanol (E15) until its harmful effects are investigated further. H.R. 875, introduced on February 28, would repeal the EPA’s waiver decision approving the use of E15 and the authority of the agency to grant further decisions until the EPA seeks an independent scientific analysis of the effects of the E15 blend. “There have been several tests and warnings highlighting E15’s harmful effects on engines and their components, but they have all been dismissed by the EPA. Therefore, we must force the EPA to stop the use of E15 fuel until the serious safety, durability, performance and environmental concerns have been addressed,” announced Rep. Sensenbrenner.
Sensenbrenner has introduced several bills to address the risks associated with E15, and his latest legislation to halt the sale of the 15% alcohol blended fuel until further studies are completed, came less than a week after witnesses from automobile and motorcycle industry and consumer groups testified before the Science, Space and Technology Committee that more testing is needed.
“We have a responsibility to ensure that Americans using gas-powered machinery – whether it be cars and boats or chainsaws and lawnmowers – are not put at risk due to faulty fuel that has not been adequately vetted,” Sensenbrenner said.
BILL INTRODUCED IN CALIFORNIA TO REGULATE LANE SHARING
No sooner had the California Highway Patrol published guidelines on how to safely maneuver your motorcycle between lanes of slow-moving traffic, than SB 350 was introduced by State Senator Jim Beall (D-San Jose) to codify the rules into law.
California is the only state that allows “lane sharing” or “lane splitting,” precisely because there are no laws against it; though officers have a variety of charges they can levy against a reckless rider such as unsafe lane change or too fast for conditions.
Beall’s bill would restrict the practice by prohibiting motorcycles from splitting lanes unless specifically allowed; “…when a highway has been divided into three or more clearly marked lanes for traffic traveling in the same direction, a person operating a motorcycle shall not pass another vehicle in a portion of a lane occupied by that vehicle unless the following conditions are met:
(1) The passing occurs during traffic congestion.
(2) The passing occurs at a safe speed.”
Following furious feedback from motorcyclists opposed to over-regulating an act that 87% report doing almost daily during crowded commutes, Sen. Beall soon pulled his proposal and turned it into a two-year bill for future reconsideration.
In the meantime, although ABATE of California did not initiate the measure, the group will work with Beall to amend the language, and vows “…our goal is to ultimately submit a bill that addresses the concerns of the motorcycle community; a bill that can be supported and endorsed by the ABATE membership. If the final bill doesn’t meet ABATE’s requirements, ABATE will vigorously oppose the bill and try to kill it.”
DRIVERS CAUSE MOST CRASHES WITH MOTORCYCLES, RESEARCH SHOWS
For motorcycle riders, people in "cages" bear a disproportionate share of the blame for the high number of motorcycle crashes, while car drivers feel careless motorcyclists careening in and out of traffic are putting their own lives at risk.
So who's mostly to blame when four-wheel and two-wheel vehicles collide? According to a recent Florida Department of Transportation study, bikers are right. Motorists driving cars and trucks are mostly at fault, often failing to yield the right of way to the smaller vehicles.
In analyzing 10 years of Florida motorcycle crashes, Chanyoung Lee, a senior researcher at theUniversity of South Florida's Center for Urban Transportation Research, found that 60% of the time motorists in other vehicles are at fault when they collide with motorcycles.
But the study uncovered more: When looking at all motorcycle crashes, motorcycle operators bear a lot of responsibility as well. They have a significantly higher number of single-vehicle crashes than other drivers. Some 34% of motorcycle crashes involve one vehicle, according to the study, compared to only 19% of car crashes involving one vehicle. When looking at really severe and fatal motorcycle crashes, 50% involve just the motorcycle and no other vehicle, but when multiple vehicles are involved, greater blame falls on four-wheeled drivers. And most motorcycle crashes involve other vehicles.
But it's also a matter of awareness, according to Lee, who is part of FDOT's Motorcycle Safety Coalition. In driver surveys, FDOT has asked people how often they see motorcycles. Those with motorcycle endorsements on their driver's licenses report seeing motorcycles all the time, while those without endorsements who live in the same area report occasionally seeing motorcycles.
Due to minimal levels of protection to their riders, approximately 80% of motorcycle crashes result in injury or fatality, according to the Network of Employees for Traffic Safety, while only 20% of passenger car crashes injure or kill the vehicle occupants.
MMA HELPS DEFEAT SOUND WARRANT IN YARMOUTH, MA
The Massachusetts Motorcycle Association (MMA) is pleased to report that a town bylaw proposal has been successfully defeated in Yarmouth. With short notice, the MMA in concert with the Yarmouth Chief-of-Police and Deputy Chief attended a recent Board-of-Selectmen meeting and were successful in convincing the board that such a Bylaw would be unsuccessful.
Armed with prior testimony used successfully around the state, including used to overturn a similar bylaw passed in Falmouth and subsequently struck down by the Commonwealth Attorney General, MMA Legislative Director Rick Gleason joined the Chief and Deputy Chief of the Yarmouth Police Department in their argument that Town Bylaws cannot exceed State Law, and that such a measure would essentially be meaningless.
The MMA has long held strong opposition to the use of the OEM EPA Stamp on stock exhausts as an enforcement tool, because it is a consumer protection mechanism and not meant to be used against the consumer. It is also hard to locate on many models of motorcycle, hidden under seats on sport bikes, under saddle bags of cruisers, or simply facing the wrong way for aesthetic reasons. Most critically, per the very regulation that entitles it, it expires in one year or 3,729 miles, whichever comes first!!
Instead, the MMA (www.MassMotorcycle.org) continues to hold a firm belief that the existing laws on the books are sufficient if properly implemented and enforced, specifically that simple test procedures do exist for muffled exhaust, whether replaced with after-market or not, with a reasonable sound level.
LICENSE PLATE CAMERAS - A NEW WAY TO NAB SCOFFLAWS
First came red light cameras attached to traffic lights to catch drivers trying to beat the light; then came speed cameras along the roadway to ticket lead-footed speeders; but now police are deploying cameras in their cruisers to scan our license-plates in order to get instant feedback on unpaid tickets and other warrants.
It also allows authorities to monitor where average citizens might be at any particular time. That bothers some privacy advocates and organizations like the ACLU that oppose public intrusions into individual privacy. The groups are becoming more alarmed about license plate tracking as a growing number of police departments acquire the technology for electronic surveillance of traffic on public streets.
Little Rock, AR Police Chief Stuart Thomas said the law enforcement benefits outweigh any concerns about possible abuse of the information, which, as a public record, is legally available for anyone to see.
Lawmakers in several states, including Minnesota and Utah, have suggested setting a time limit for their departments regarding how long such data can be collected and stored, but many places like Little Rock have no set policy and have a growing archive of license plate photos, along with time stamps and the locations, showing where motorists were at certain times.
Privacy advocates worry about the potential uses for such outside law enforcement, from snooping by stalkers and private investigators to businesses that sell personal data. "Given how few rules are currently on the books to protect our privacy, it's plausible that private investigators and data-mining companies could acquire this location data," said ACLU staff attorney Catherine Crump, adding that the organization has requested more information from government agencies, but hasn't filed any lawsuits.
AUSTRALIA BANS BROTHERS BEHIND BARS
Since last Nov 19, the Australian State of Queensland in Northeastern Australia has banned the distribution of the monthly newsletter “Brothers Behind Bars” in its prisons. Brothers Behind Bars is a digest of biker club and motorcycle news edited by retired Sons of Silence patch holder Iron Mike Davis, and is an outreach program supported by the National Coalition of Motorcyclists (NCOM). BBB is specifically aimed at motorcycle club members and is stubbornly non-partisan.
Mike Davis was notified that the words he publishes were illegal in Oz with a peremptory, unsigned form letter from the government of Queensland that read in full: “On 7th of November 2012 Queensland Corrective Services issued a directive from head office that all correspondence between prisoners who are members of an Outlaw Motorcycle Gang (OMCG) & OMCG members & associates was to cease immediately. As a result the author of this letter has been identified to be either a member or associate of an OMCG as such your mail has been returned to you.”
Iron Mike recently told The Aging Rebel (www.agingrebel.com), “Something I’ve said for years: ‘Australia today, Canada tomorrow, and the U.S.A. the day after.’ I truly believe countries likeCanada, Germany, U.S.A., and others are watching to see what works in Australia to outlaw motorcycle clubs – starting with the 1%er ones.”
The Aging Rebel article went on to describe “Anti-Bikie Laws” down under: “Queensland has been trying to outlaw motorcycle clubs since 2009 when the state passed legislation formally called the Criminal Organisation Act of 2009. These anti-bikie laws give police the power to declare which organizations are criminal & which are not. Similar sets of laws have been passed in the Australian states of New South Wales & South Australia, and have been challenged in the courts by the Hells Angels, Finks & Rebels MCs. Australia’s strategy has been difficult to implement in the United States because the U.S. Constitution specifically guarantees citizens’ & visitors’ rights to move freely, assemble peaceably, to keep & bear arms & to express themselves freely in numerous ways including the right to wear a patch on your back. Various Fed police forces in Americaincluding the FBI, the ATF & increasingly the Dept of Homeland Security have attempted to subvert these Constitutional guarantees using the Racketeer Influenced And Corrupt Organizations Act (RICO) & in several recent cases trademark law.”
CANADIAN RIDERS BALK AT HEFTY INSURANCE HIKES
Premier Brad Wall says “maybe mistakes were made” and the Saskatchewan government will revisit motorcycle insurance rate hikes proposed recently by Saskatchewan Government Insurance. “Our MLAs are reporting a lot of feedback on the issue, not just from those who are riders or have motorcycles, but others in general who note that these increases seem to be very high,” Wall told reporters.
When the legislature reconvenes for its spring session next week, the Saskatchewan Party caucus will discuss its next steps, Wall said. He said he’s not convinced SGI has exhausted all of its options to help eliminate a $9-million deficit between crash injury payouts and fees charged to motorcyclists. “Obviously, what’s being proposed by SGI for the rate rebalancing means huge increases and immediate increases, if approved, for riders,” Wall said.
SGI’s proposal to the Saskatchewan Rate Review Panel would mean a sudden 73% jump in insurance costs for the average motorcycle owner, compared to an overall vehicle insurance rate increase of 1.03%. The move prompted a backlash from bike enthusiasts and business owners, who fear a big blow to new and used bike sales which could devastate the motorcycle industry.
If approved, the rate increases would take effect in August, but Wall said the chance is “slim” the proposal will stay as is. He wants the government and SGI to look at other creative options, such as using better price incentives to reward motorcyclists who have taken training courses.
QUOTABLE QUOTE: “I am not a product of my circumstances. I am a product of my decisions.” Stephen R. Covey (1932-2012) author, one of Time magazine's 25 most influential Americans
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“We have a responsibility to ensure that Americans using gas-powered machinery – whether it be cars and boats or chainsaws and lawnmowers – are not put at risk due to faulty fuel that has not been adequately vetted,” Sensenbrenner said.
BILL INTRODUCED IN CALIFORNIA TO REGULATE LANE SHARING
No sooner had the California Highway Patrol published guidelines on how to safely maneuver your motorcycle between lanes of slow-moving traffic, than SB 350 was introduced by State Senator Jim Beall (D-San Jose) to codify the rules into law.
California is the only state that allows “lane sharing” or “lane splitting,” precisely because there are no laws against it; though officers have a variety of charges they can levy against a reckless rider such as unsafe lane change or too fast for conditions.
Beall’s bill would restrict the practice by prohibiting motorcycles from splitting lanes unless specifically allowed; “…when a highway has been divided into three or more clearly marked lanes for traffic traveling in the same direction, a person operating a motorcycle shall not pass another vehicle in a portion of a lane occupied by that vehicle unless the following conditions are met:
(1) The passing occurs during traffic congestion.
(2) The passing occurs at a safe speed.”
Following furious feedback from motorcyclists opposed to over-regulating an act that 87% report doing almost daily during crowded commutes, Sen. Beall soon pulled his proposal and turned it into a two-year bill for future reconsideration.
In the meantime, although ABATE of California did not initiate the measure, the group will work with Beall to amend the language, and vows “…our goal is to ultimately submit a bill that addresses the concerns of the motorcycle community; a bill that can be supported and endorsed by the ABATE membership. If the final bill doesn’t meet ABATE’s requirements, ABATE will vigorously oppose the bill and try to kill it.”
DRIVERS CAUSE MOST CRASHES WITH MOTORCYCLES, RESEARCH SHOWS
For motorcycle riders, people in "cages" bear a disproportionate share of the blame for the high number of motorcycle crashes, while car drivers feel careless motorcyclists careening in and out of traffic are putting their own lives at risk.
So who's mostly to blame when four-wheel and two-wheel vehicles collide? According to a recent Florida Department of Transportation study, bikers are right. Motorists driving cars and trucks are mostly at fault, often failing to yield the right of way to the smaller vehicles.
In analyzing 10 years of Florida motorcycle crashes, Chanyoung Lee, a senior researcher at theUniversity of South Florida's Center for Urban Transportation Research, found that 60% of the time motorists in other vehicles are at fault when they collide with motorcycles.
But the study uncovered more: When looking at all motorcycle crashes, motorcycle operators bear a lot of responsibility as well. They have a significantly higher number of single-vehicle crashes than other drivers. Some 34% of motorcycle crashes involve one vehicle, according to the study, compared to only 19% of car crashes involving one vehicle. When looking at really severe and fatal motorcycle crashes, 50% involve just the motorcycle and no other vehicle, but when multiple vehicles are involved, greater blame falls on four-wheeled drivers. And most motorcycle crashes involve other vehicles.
But it's also a matter of awareness, according to Lee, who is part of FDOT's Motorcycle Safety Coalition. In driver surveys, FDOT has asked people how often they see motorcycles. Those with motorcycle endorsements on their driver's licenses report seeing motorcycles all the time, while those without endorsements who live in the same area report occasionally seeing motorcycles.
Due to minimal levels of protection to their riders, approximately 80% of motorcycle crashes result in injury or fatality, according to the Network of Employees for Traffic Safety, while only 20% of passenger car crashes injure or kill the vehicle occupants.
MMA HELPS DEFEAT SOUND WARRANT IN YARMOUTH, MA
The Massachusetts Motorcycle Association (MMA) is pleased to report that a town bylaw proposal has been successfully defeated in Yarmouth. With short notice, the MMA in concert with the Yarmouth Chief-of-Police and Deputy Chief attended a recent Board-of-Selectmen meeting and were successful in convincing the board that such a Bylaw would be unsuccessful.
Armed with prior testimony used successfully around the state, including used to overturn a similar bylaw passed in Falmouth and subsequently struck down by the Commonwealth Attorney General, MMA Legislative Director Rick Gleason joined the Chief and Deputy Chief of the Yarmouth Police Department in their argument that Town Bylaws cannot exceed State Law, and that such a measure would essentially be meaningless.
The MMA has long held strong opposition to the use of the OEM EPA Stamp on stock exhausts as an enforcement tool, because it is a consumer protection mechanism and not meant to be used against the consumer. It is also hard to locate on many models of motorcycle, hidden under seats on sport bikes, under saddle bags of cruisers, or simply facing the wrong way for aesthetic reasons. Most critically, per the very regulation that entitles it, it expires in one year or 3,729 miles, whichever comes first!!
Instead, the MMA (www.MassMotorcycle.org) continues to hold a firm belief that the existing laws on the books are sufficient if properly implemented and enforced, specifically that simple test procedures do exist for muffled exhaust, whether replaced with after-market or not, with a reasonable sound level.
LICENSE PLATE CAMERAS - A NEW WAY TO NAB SCOFFLAWS
First came red light cameras attached to traffic lights to catch drivers trying to beat the light; then came speed cameras along the roadway to ticket lead-footed speeders; but now police are deploying cameras in their cruisers to scan our license-plates in order to get instant feedback on unpaid tickets and other warrants.
It also allows authorities to monitor where average citizens might be at any particular time. That bothers some privacy advocates and organizations like the ACLU that oppose public intrusions into individual privacy. The groups are becoming more alarmed about license plate tracking as a growing number of police departments acquire the technology for electronic surveillance of traffic on public streets.
Little Rock, AR Police Chief Stuart Thomas said the law enforcement benefits outweigh any concerns about possible abuse of the information, which, as a public record, is legally available for anyone to see.
Lawmakers in several states, including Minnesota and Utah, have suggested setting a time limit for their departments regarding how long such data can be collected and stored, but many places like Little Rock have no set policy and have a growing archive of license plate photos, along with time stamps and the locations, showing where motorists were at certain times.
Privacy advocates worry about the potential uses for such outside law enforcement, from snooping by stalkers and private investigators to businesses that sell personal data. "Given how few rules are currently on the books to protect our privacy, it's plausible that private investigators and data-mining companies could acquire this location data," said ACLU staff attorney Catherine Crump, adding that the organization has requested more information from government agencies, but hasn't filed any lawsuits.
AUSTRALIA BANS BROTHERS BEHIND BARS
Since last Nov 19, the Australian State of Queensland in Northeastern Australia has banned the distribution of the monthly newsletter “Brothers Behind Bars” in its prisons. Brothers Behind Bars is a digest of biker club and motorcycle news edited by retired Sons of Silence patch holder Iron Mike Davis, and is an outreach program supported by the National Coalition of Motorcyclists (NCOM). BBB is specifically aimed at motorcycle club members and is stubbornly non-partisan.
Mike Davis was notified that the words he publishes were illegal in Oz with a peremptory, unsigned form letter from the government of Queensland that read in full: “On 7th of November 2012 Queensland Corrective Services issued a directive from head office that all correspondence between prisoners who are members of an Outlaw Motorcycle Gang (OMCG) & OMCG members & associates was to cease immediately. As a result the author of this letter has been identified to be either a member or associate of an OMCG as such your mail has been returned to you.”
Iron Mike recently told The Aging Rebel (www.agingrebel.com), “Something I’ve said for years: ‘Australia today, Canada tomorrow, and the U.S.A. the day after.’ I truly believe countries likeCanada, Germany, U.S.A., and others are watching to see what works in Australia to outlaw motorcycle clubs – starting with the 1%er ones.”
The Aging Rebel article went on to describe “Anti-Bikie Laws” down under: “Queensland has been trying to outlaw motorcycle clubs since 2009 when the state passed legislation formally called the Criminal Organisation Act of 2009. These anti-bikie laws give police the power to declare which organizations are criminal & which are not. Similar sets of laws have been passed in the Australian states of New South Wales & South Australia, and have been challenged in the courts by the Hells Angels, Finks & Rebels MCs. Australia’s strategy has been difficult to implement in the United States because the U.S. Constitution specifically guarantees citizens’ & visitors’ rights to move freely, assemble peaceably, to keep & bear arms & to express themselves freely in numerous ways including the right to wear a patch on your back. Various Fed police forces in Americaincluding the FBI, the ATF & increasingly the Dept of Homeland Security have attempted to subvert these Constitutional guarantees using the Racketeer Influenced And Corrupt Organizations Act (RICO) & in several recent cases trademark law.”
CANADIAN RIDERS BALK AT HEFTY INSURANCE HIKES
Premier Brad Wall says “maybe mistakes were made” and the Saskatchewan government will revisit motorcycle insurance rate hikes proposed recently by Saskatchewan Government Insurance. “Our MLAs are reporting a lot of feedback on the issue, not just from those who are riders or have motorcycles, but others in general who note that these increases seem to be very high,” Wall told reporters.
When the legislature reconvenes for its spring session next week, the Saskatchewan Party caucus will discuss its next steps, Wall said. He said he’s not convinced SGI has exhausted all of its options to help eliminate a $9-million deficit between crash injury payouts and fees charged to motorcyclists. “Obviously, what’s being proposed by SGI for the rate rebalancing means huge increases and immediate increases, if approved, for riders,” Wall said.
SGI’s proposal to the Saskatchewan Rate Review Panel would mean a sudden 73% jump in insurance costs for the average motorcycle owner, compared to an overall vehicle insurance rate increase of 1.03%. The move prompted a backlash from bike enthusiasts and business owners, who fear a big blow to new and used bike sales which could devastate the motorcycle industry.
If approved, the rate increases would take effect in August, but Wall said the chance is “slim” the proposal will stay as is. He wants the government and SGI to look at other creative options, such as using better price incentives to reward motorcyclists who have taken training courses.
QUOTABLE QUOTE: “I am not a product of my circumstances. I am a product of my decisions.” Stephen R. Covey (1932-2012) author, one of Time magazine's 25 most influential Americans
_______________________________________________
Cycle_News mailing list
Cycle_News@aimncom.com
http://aimncom.com/mailman/listinfo/cycle_news_aimncom.com
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