NCOM Biker NEWSBYTES - by Bill Bish for February 2012
March/05/2012
National Coalition of Motorcyclists (NCOM)
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. For more information or if you have been involved in any type of accident, call us at 1-(800) ON-A-BIKE or visit us on our website at www.ON-A-BIKE.com. WELCOME to our thousands of new subscribers through the Aid to Injured Motorcyclists program, and THANK YOU for indicating on your AIM membership application that you’re interested in receiving motorcycle-related legal & legislative news!
The AIM/NCOM e-News now reaches nearly a million concerned motorcyclists every month, bringing current and accurate information directly to your in-box to keep you updated on important issues and current events.
CONGRESS MOVES TO ABOLISH MOTORCYCLE-ONLY CHECKPOINTS
Motorcycle-only checkpoints have revved up concern in Congress, and wording was recently inserted into the House highway bill that would bar the U.S. Department of Transportation from providing grants to local or state governments for such discriminatory inspections.
The action arose over motorcycle-exclusive roadblocks set up in Georgia and New York under federal safety grants that single out motorcycles from four-wheeled traffic for police to check the bike and rider for proper paperwork, helmet, exhaust and equipment violations.
Rep. Jim Sensenbrenner (R-WI), who sponsored H.R. 904 to ban federal funding of motorcycle-only checkpoints, applauded the House Transportation and Infrastructure Committee for including his bill’s wording in their Feb. 1st mark-up of the transportation measure, saying; "It is encouraging to see that the transportation reauthorization bill will encourage more efficient use of taxpayer dollars and smart motorcycle safety policy."
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. For more information or if you have been involved in any type of accident, call us at 1-(800) ON-A-BIKE or visit us on our website at www.ON-A-BIKE.com. WELCOME to our thousands of new subscribers through the Aid to Injured Motorcyclists program, and THANK YOU for indicating on your AIM membership application that you’re interested in receiving motorcycle-related legal & legislative news!
The AIM/NCOM e-News now reaches nearly a million concerned motorcyclists every month, bringing current and accurate information directly to your in-box to keep you updated on important issues and current events.
CONGRESS MOVES TO ABOLISH MOTORCYCLE-ONLY CHECKPOINTS
Motorcycle-only checkpoints have revved up concern in Congress, and wording was recently inserted into the House highway bill that would bar the U.S. Department of Transportation from providing grants to local or state governments for such discriminatory inspections.
The action arose over motorcycle-exclusive roadblocks set up in Georgia and New York under federal safety grants that single out motorcycles from four-wheeled traffic for police to check the bike and rider for proper paperwork, helmet, exhaust and equipment violations.
Rep. Jim Sensenbrenner (R-WI), who sponsored H.R. 904 to ban federal funding of motorcycle-only checkpoints, applauded the House Transportation and Infrastructure Committee for including his bill’s wording in their Feb. 1st mark-up of the transportation measure, saying; "It is encouraging to see that the transportation reauthorization bill will encourage more efficient use of taxpayer dollars and smart motorcycle safety policy."
"Motorcycle riders are right to be outraged at being singled out for safety inspections," added Rep Tom Petri (R-WI). "Nobody is suggesting flagging cars down for unscheduled inspections, and there's no good reason why motorcycles should be treated differently. It's unnecessarily intrusive, and not a smart way to use limited police resources.”
Section 5007 of H.R. 7, the “American Energy and Infrastructure Jobs Act of 2012” reads:
PROHIBITION ON FUNDS TO CHECK HELMET USAGE OR CREATE CHECKPOINTS FOR A MOTORCYCLE DRIVER OR PASSENGER.
The Secretary may not provide a grant or otherwise make available funding to a State, Indian tribe, county, municipality, or other local government to be used for any program to check helmet usage or create checkpoints for a motorcycle driver or passenger.
The House bill, which also provides federal funding for state motorcycle safety programs and funds for motorized trails, will now go to the full House floor before going over to the Senate for consideration. The Senate will consider their own version of the highway bill, and a final version will be ironed out in a conference committee.
HOUSE COMMITTEE SEEKS FURTHER STUDY OF ETHANOL-BLENDED GAS
The House Committee on Science, Space and Technology passed H.R. 3199 by a 19-7 vote on Feb. 7th to require a comprehensive study of the implications of ethanol-blended gasoline. Although the Environmental Protection Agency approved E-15 (15% ethanol fuel) in October 2010 for use in most cars, it is not approved for any motorcycles or ATVs and the hotter-burning formulation can cause premature wear and could void manufacturers’ warranties.
The bill, introduced by committee Vice Chairman Rep. Jim Sensenbrenner (R-WI), would require the EPA to seek independent scientific analysis on the effects of E15 gasoline on engines.
The measure now heads for consideration on the House floor, then if approved will move to the Senate.
Earlier, Rep. Sensenbrenner introduced H.R. 748 to prohibit the EPA from authorizing the use of gasoline containing greater than 10% ethanol, which is deemed safe for use in motorcycles, ATVs, boats, lawnmowers and other small engines.
VIRGINIA MAY LEGALIZE TWO-ABREAST RIDING
The Virginia General Assembly is considering the repeal of a 40-plus year-old law that makes it against the law for two motorcyclists to ride side-by-side in the same lane. Virginia and Vermont are the only two states in the U.S. with such a law on the books, while 48 other states either don’t ban the practice or have specific laws allowing it. There’s no indication those states have more crashes or problems related to two-abreast riding, according to the Virginia Coalition of Motorcyclists.
The proposal, sponsored by 26th District Delegate Tony Wilt and 18th District Delegate Michael Webert, sailed through the transportation committee and, overwhelmingly, through the House.
The law is an old one, possibly sparked by the menacing image of motorcycle gangs of the 60s. But since the law was passed over four decades ago, motorcycle registrations have shot up and charitable motorcyclists now ride in large groups for fund-raisers or to raise awareness, when riding two-deep is common.
Two-thirds of multi-vehicle motorcycle crashes are caused by people in cars who don’t see the riders. Two abreast may enhance visibility. And since motorcycles generally have one headlight, riding together can help illuminate dark roads.
INDIANA LAWMAKERS CONSIDER ALLOWING SUNDAY CYCLE SALES
After four years of trying, State Senator Ed Charbonneau (R-Valparaiso) recently won committee approval for legislation allowing the sale of motorcycles on Sundays. The Senate Commerce and Economic Development Committee voted 7-0 to forward Senate Bill 192 to the full Senate.
Sen. Charbonneau says motorcycle sales have increased in New Jersey and Pennsylvania after those states passed laws allowing motorcycle sales on the Sabbath.
The legislation distinguishes motorcycle sales from motor vehicle sales which would remain prohibited on Sundays. Thirteen states don't allow cars to be sold on Sunday, including Indiana.
Charbonneau said many motorcycle dealerships are already open Sundays, selling merchandise or servicing motorcycles, and they should be able to sell motorcycles too.
FLORIDA SEEKS STIFFER PENALTIES FOR NEGLIGENT DRIVERS
ABATE Florida members from around the state were out in full force at the state capitol on Monday, Feb. 13th asking lawmakers for safer roads and to support legislation for stricter penalties for drivers who kill bikers on the road.
“Kill a motorcyclist they get an $82 fine, that’s all they get; failure to yield. You do that in a car, hit somebody else in a car, you get vehicular manslaughter,” said James “Doc” Reichenbach, ABATE President.
Reichenbach, who also serves as Chairman of the Board for the National Coalition of Motorcyclists (NCOM), testified on behalf of ABATE’s Stiffer Penalties Bill, S.B. 1754, which passed the Senate Transportation Committee on Jan. 27th by a vote of 7-0, and now goes to the Senate Criminal Justice Committee.
During the rally in Tallahassee, the names of bikers killed in wrecks last year were read aloud. Fifty-six bell chimes were sounded; one for each lost life. The bikers spent the rest of the day talking to lawmakers, then headed home hoping when they return next year, there are fewer bells to ring and fewer bikers lost.
MYRTLE BEACH RALLY DATE CONFUSION PROMPTS ABATE BOYCOTT
Myrtle Beach Harley-Davidson has moved the dates of its official spring rally into late May, effectively adding 10 more days of Harley-related events on the Grand Strand and sparking confusion among bikers, businesses and rally promoters over when the rally will take place.
“They just don’t seem to want to play by whatever rules we set,” said Councilman Gary Loftus in calling on council members to revoke all May vendor permits for biker events. “They keep wanting to push and push and push well they've just pushed too hard this time."
Horry County (S.C.) ABATE has decided to stage a boycott, not of the spring bike rally, but of the local Harley dealerships involved in rescheduling the Cruisin’ the Coast rally to May 18-28, carrying it over into Memorial Weekend when sportbikers traditionally begin arriving for Atlantic Beach Bike Fest aka “Black Bike Week”.
“The dust just got settled with Horry County, and now this has upset the county council all over again,” said Gary Balcom, ABATE chapter coordinator, recalling that in 2008 Myrtle Beach passed a litany of laws aimed at ending the rallies altogether, including a city-wide helmet law that was later ruled unconstitutional. “It’s a bad idea and was not discussed with anyone else,” said Balcom.
But there are other concerns, too, Balcom said. The large crowd would overwhelm local law enforcement resources, he wrote in an ABATE statement. “The last thing we want to see is any event getting out of hand,” Balcom wrote.
The statement calls the date change “a slap in the face to the county council” and encourages bikers to boycott the two dealerships in Myrtle Beach and North Myrtle Beach “and we hope that the biker community as a whole will come together with us on this boycott until such time as they retract their plan of overlapping dates.”
MOTORCYCLE SALES HOLD STEADY FOR 2011
The 2011 motorcycle sales estimates from the Motorcycle Industry Council are in, with annual unit sales holding steady at 440,000. The good news: motorcycle sales haven’t declined from 2010. The bad news: they haven’t gone up either. The MIC reports 440,899 total motorcycle sales for 2011, up 0.3% from 2010’s unit tally.
The motorcycle market shows gains and losses within the various segments, reports www.motorcycle-usa.com, noting that the largest sector, on-highway motorcycles, recorded a 1.8% increase over last year at 312,124 units. The boom and bust scooter market benefited with an 11.8% gain at 31,850 units. The biggest winner, however, was the dual segment which jumped 14.2% for the year, gaining 3337 units.
Off-Highway motorcycle sales dropped 13.5% on the year, losing 10,905 units from the 2010 tally of 80,962. Combined with the ATV market, which continued a downward sales trend, more than 45K OHV unit sales were lost on the year.
The 2011 total 440K annual motorcycle sales mark shows stabilizing of a market that crashed following the economic crisis in late 2008. Total motorcycle unit sales topped 1.1 million in 2008 (the sixth consecutive year sales had topped the million unit mark), but plummeted 40.8% in 2009, followed by a further 15.8% decline in 2010.
WORLD-FIRST STUDY ON CAUSE OF SERIOUS MOTORCYCLE ACCIDENT
A world-first study will examine the cause of serious motorbike crashes. Motorcyclists will be part of a $1.3 million Australian study aimed at slashing the number of motorcycle accidents. The ground-breaking inquiry will compare the experiences of riders injured in crashes at specific sites with riders who have travelled through the same site safely.
Transport Minister Terry Mulder described the new research as one of the most comprehensive motorbike studies attempted globally. "By comparing the two groups, we hope to learn not only what went wrong for those involved in crashes, but also what went right for those who negotiated a particular crash site safely," Mulder said.
More than 1100 riders - half of whom have survived crashes - will be recruited over the next 18 months. The research is being funded by the State Government and headed by the Monash University Accident Research Centre (MUARC). Experts, five of whom are motorcyclists themselves, will analyze factors such as speed, experience and the physical environment in accidents.
Experienced and active riders have contributed to the questionnaire design to ensure relevance and improve study outcomes.
Results are expected towards the end of 2013.
WEIRD NEWS: HELMETED BRIT BIKER REFUSED SERVICE
Motorcyclists in England are being victimized by gas stations that enforce a “Remove Helmets” rule, as evidenced by an incident in Coventry when staff refused to serve a rider even though his full-face visor was up.
Barry Hadley, 63, told the Coventry Telegraph: “I stood there for a couple of minutes and thought there was something wrong with the pump. Then a message came over the loudspeaker saying I had to remove my helmet, even though I always flip up the front. Why should I be classed as a thief because others are thieves?”
The manager said it was company policy, and in a letter to Hadley the station said: “Legally we are required to be able to validate the minimum age for dispensing fuel and this can not be assessed adequately if riders keep their helmets on.”
QUOTABLE QUOTE: “He who has a Why can endure any How.”
Friedrich Nietzsche, German philosopher (1844-1900)
Section 5007 of H.R. 7, the “American Energy and Infrastructure Jobs Act of 2012” reads:
PROHIBITION ON FUNDS TO CHECK HELMET USAGE OR CREATE CHECKPOINTS FOR A MOTORCYCLE DRIVER OR PASSENGER.
The Secretary may not provide a grant or otherwise make available funding to a State, Indian tribe, county, municipality, or other local government to be used for any program to check helmet usage or create checkpoints for a motorcycle driver or passenger.
The House bill, which also provides federal funding for state motorcycle safety programs and funds for motorized trails, will now go to the full House floor before going over to the Senate for consideration. The Senate will consider their own version of the highway bill, and a final version will be ironed out in a conference committee.
HOUSE COMMITTEE SEEKS FURTHER STUDY OF ETHANOL-BLENDED GAS
The House Committee on Science, Space and Technology passed H.R. 3199 by a 19-7 vote on Feb. 7th to require a comprehensive study of the implications of ethanol-blended gasoline. Although the Environmental Protection Agency approved E-15 (15% ethanol fuel) in October 2010 for use in most cars, it is not approved for any motorcycles or ATVs and the hotter-burning formulation can cause premature wear and could void manufacturers’ warranties.
The bill, introduced by committee Vice Chairman Rep. Jim Sensenbrenner (R-WI), would require the EPA to seek independent scientific analysis on the effects of E15 gasoline on engines.
The measure now heads for consideration on the House floor, then if approved will move to the Senate.
Earlier, Rep. Sensenbrenner introduced H.R. 748 to prohibit the EPA from authorizing the use of gasoline containing greater than 10% ethanol, which is deemed safe for use in motorcycles, ATVs, boats, lawnmowers and other small engines.
VIRGINIA MAY LEGALIZE TWO-ABREAST RIDING
The Virginia General Assembly is considering the repeal of a 40-plus year-old law that makes it against the law for two motorcyclists to ride side-by-side in the same lane. Virginia and Vermont are the only two states in the U.S. with such a law on the books, while 48 other states either don’t ban the practice or have specific laws allowing it. There’s no indication those states have more crashes or problems related to two-abreast riding, according to the Virginia Coalition of Motorcyclists.
The proposal, sponsored by 26th District Delegate Tony Wilt and 18th District Delegate Michael Webert, sailed through the transportation committee and, overwhelmingly, through the House.
The law is an old one, possibly sparked by the menacing image of motorcycle gangs of the 60s. But since the law was passed over four decades ago, motorcycle registrations have shot up and charitable motorcyclists now ride in large groups for fund-raisers or to raise awareness, when riding two-deep is common.
Two-thirds of multi-vehicle motorcycle crashes are caused by people in cars who don’t see the riders. Two abreast may enhance visibility. And since motorcycles generally have one headlight, riding together can help illuminate dark roads.
INDIANA LAWMAKERS CONSIDER ALLOWING SUNDAY CYCLE SALES
After four years of trying, State Senator Ed Charbonneau (R-Valparaiso) recently won committee approval for legislation allowing the sale of motorcycles on Sundays. The Senate Commerce and Economic Development Committee voted 7-0 to forward Senate Bill 192 to the full Senate.
Sen. Charbonneau says motorcycle sales have increased in New Jersey and Pennsylvania after those states passed laws allowing motorcycle sales on the Sabbath.
The legislation distinguishes motorcycle sales from motor vehicle sales which would remain prohibited on Sundays. Thirteen states don't allow cars to be sold on Sunday, including Indiana.
Charbonneau said many motorcycle dealerships are already open Sundays, selling merchandise or servicing motorcycles, and they should be able to sell motorcycles too.
FLORIDA SEEKS STIFFER PENALTIES FOR NEGLIGENT DRIVERS
ABATE Florida members from around the state were out in full force at the state capitol on Monday, Feb. 13th asking lawmakers for safer roads and to support legislation for stricter penalties for drivers who kill bikers on the road.
“Kill a motorcyclist they get an $82 fine, that’s all they get; failure to yield. You do that in a car, hit somebody else in a car, you get vehicular manslaughter,” said James “Doc” Reichenbach, ABATE President.
Reichenbach, who also serves as Chairman of the Board for the National Coalition of Motorcyclists (NCOM), testified on behalf of ABATE’s Stiffer Penalties Bill, S.B. 1754, which passed the Senate Transportation Committee on Jan. 27th by a vote of 7-0, and now goes to the Senate Criminal Justice Committee.
During the rally in Tallahassee, the names of bikers killed in wrecks last year were read aloud. Fifty-six bell chimes were sounded; one for each lost life. The bikers spent the rest of the day talking to lawmakers, then headed home hoping when they return next year, there are fewer bells to ring and fewer bikers lost.
MYRTLE BEACH RALLY DATE CONFUSION PROMPTS ABATE BOYCOTT
Myrtle Beach Harley-Davidson has moved the dates of its official spring rally into late May, effectively adding 10 more days of Harley-related events on the Grand Strand and sparking confusion among bikers, businesses and rally promoters over when the rally will take place.
“They just don’t seem to want to play by whatever rules we set,” said Councilman Gary Loftus in calling on council members to revoke all May vendor permits for biker events. “They keep wanting to push and push and push well they've just pushed too hard this time."
Horry County (S.C.) ABATE has decided to stage a boycott, not of the spring bike rally, but of the local Harley dealerships involved in rescheduling the Cruisin’ the Coast rally to May 18-28, carrying it over into Memorial Weekend when sportbikers traditionally begin arriving for Atlantic Beach Bike Fest aka “Black Bike Week”.
“The dust just got settled with Horry County, and now this has upset the county council all over again,” said Gary Balcom, ABATE chapter coordinator, recalling that in 2008 Myrtle Beach passed a litany of laws aimed at ending the rallies altogether, including a city-wide helmet law that was later ruled unconstitutional. “It’s a bad idea and was not discussed with anyone else,” said Balcom.
But there are other concerns, too, Balcom said. The large crowd would overwhelm local law enforcement resources, he wrote in an ABATE statement. “The last thing we want to see is any event getting out of hand,” Balcom wrote.
The statement calls the date change “a slap in the face to the county council” and encourages bikers to boycott the two dealerships in Myrtle Beach and North Myrtle Beach “and we hope that the biker community as a whole will come together with us on this boycott until such time as they retract their plan of overlapping dates.”
MOTORCYCLE SALES HOLD STEADY FOR 2011
The 2011 motorcycle sales estimates from the Motorcycle Industry Council are in, with annual unit sales holding steady at 440,000. The good news: motorcycle sales haven’t declined from 2010. The bad news: they haven’t gone up either. The MIC reports 440,899 total motorcycle sales for 2011, up 0.3% from 2010’s unit tally.
The motorcycle market shows gains and losses within the various segments, reports www.motorcycle-usa.com, noting that the largest sector, on-highway motorcycles, recorded a 1.8% increase over last year at 312,124 units. The boom and bust scooter market benefited with an 11.8% gain at 31,850 units. The biggest winner, however, was the dual segment which jumped 14.2% for the year, gaining 3337 units.
Off-Highway motorcycle sales dropped 13.5% on the year, losing 10,905 units from the 2010 tally of 80,962. Combined with the ATV market, which continued a downward sales trend, more than 45K OHV unit sales were lost on the year.
The 2011 total 440K annual motorcycle sales mark shows stabilizing of a market that crashed following the economic crisis in late 2008. Total motorcycle unit sales topped 1.1 million in 2008 (the sixth consecutive year sales had topped the million unit mark), but plummeted 40.8% in 2009, followed by a further 15.8% decline in 2010.
WORLD-FIRST STUDY ON CAUSE OF SERIOUS MOTORCYCLE ACCIDENT
A world-first study will examine the cause of serious motorbike crashes. Motorcyclists will be part of a $1.3 million Australian study aimed at slashing the number of motorcycle accidents. The ground-breaking inquiry will compare the experiences of riders injured in crashes at specific sites with riders who have travelled through the same site safely.
Transport Minister Terry Mulder described the new research as one of the most comprehensive motorbike studies attempted globally. "By comparing the two groups, we hope to learn not only what went wrong for those involved in crashes, but also what went right for those who negotiated a particular crash site safely," Mulder said.
More than 1100 riders - half of whom have survived crashes - will be recruited over the next 18 months. The research is being funded by the State Government and headed by the Monash University Accident Research Centre (MUARC). Experts, five of whom are motorcyclists themselves, will analyze factors such as speed, experience and the physical environment in accidents.
Experienced and active riders have contributed to the questionnaire design to ensure relevance and improve study outcomes.
Results are expected towards the end of 2013.
WEIRD NEWS: HELMETED BRIT BIKER REFUSED SERVICE
Motorcyclists in England are being victimized by gas stations that enforce a “Remove Helmets” rule, as evidenced by an incident in Coventry when staff refused to serve a rider even though his full-face visor was up.
Barry Hadley, 63, told the Coventry Telegraph: “I stood there for a couple of minutes and thought there was something wrong with the pump. Then a message came over the loudspeaker saying I had to remove my helmet, even though I always flip up the front. Why should I be classed as a thief because others are thieves?”
The manager said it was company policy, and in a letter to Hadley the station said: “Legally we are required to be able to validate the minimum age for dispensing fuel and this can not be assessed adequately if riders keep their helmets on.”
QUOTABLE QUOTE: “He who has a Why can endure any How.”
Friedrich Nietzsche, German philosopher (1844-1900)
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