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NCOM BIKER NEWS BYTES Compiled & Edited by Bill Bish, National Coalition of Motorcyclists
(Updated 08/18/2010

LOUD BIKES LOSE RIGHTS
Municipalities from coast to coast are giving motorcycles the silent treatment, and riders rights groups and industry analysts fear that a wave of ordinances aimed at muffling noisy bikes will create a confusing patchwork of laws nationwide and could turn frustrated riders away from the $12 billion motorcycle marketplace.
 
Laws restricting motorcycle noise have been around for years and come in many forms; some are against certain types of products such as a New York City ordinance that subjects riders to a minimum $400 ticket for having an exhaust system that can be heard within 200 feet, while others are aimed more at the intent of the operator such as a Lancaster, Penn., ordinance that makes it illegal for riders to over-rev their engines.
 
In Denver, which passed a unique muffler law three years ago that requires EPA labeling to be displayed on pipes to prevent bikers from installing louder after-market exhausts, Aid to Injured Motorcyclists (A.I.M.) attorney Wade Eldridge was recently quoted in a local CBS-4 story investigating the controversial attempt to reduce noise emissions.
 
Eldridge, who specializes in representing motorcycle riders in accident and insurance law cases and who is a rider himself, was quoted in the July 23rd interview as saying: "I think it (the Denver loud noise law) was something the city council passed that they knew was unenforceable," and suggested that to fight back "those who receive tickets should demand trials."
 
Though rarely enforced since Eldridge won a key case against the Denver noise ordinance, with only 46 tickets handed out to date, police in Golden citing state law have issued 81 noise violations in the last 6 months.  The city is using a Colorado state statute, C.R.S. 42-4-225 that requires that vehicles be equipped with an "adequate" muffler, and outlaws any "excessive or unusual" noise. According to Eldridge, "the law lends itself to arbitrary and discriminatory enforcement -- the police can stop you for whatever reason."
 
"The powers that be in the City of Golden have apparently made a political decision that they don't want us in their city," observed Eldridge, adding that; "The police department will continue stopping us, and writing these tickets, until enough people PLEAD NOT GUILTY AND INSIST ON A TRIAL… when the court is backlogged with these cases, we will see some official pressure to stop them."
 
In the meantime, further information on fighting such tickets can be found on the website of the Colorado Confederation of Clubs (www.colorado-coc.com <http://www.colorado-coc.com> ), of which Eldridge serves as legal counsel.
 
MINNESOTA CLAIMS VICTORY FOR CUSTOM MOTORCYCLE BUILDERS
The state patrol in Minnesota, like many other police agencies, use license plate scanners in their patrol cars that can read up to 1,000 plates per minute, but they are unable to read the vertical plates on some custom motorcycles.  "It didn't take too much to sneak a new law through and after the 2008 session vertical plates were illegal," said Todd Riba, ABATE of MN Legislative Director, "but not for long."
 
ABATE of Minnesota's lobbying team and State Coordinator started to work on the problem, and State Senators Amy Koch and Ray Vandeveer stepped forward to carry their bill.
 
The state patrol didn't want to give up its ability to read motorcycle plates, but ABATE didn't want the custom bike folks to lose the right to trick out their rides. It took a lot of creative thinking to come up with a solution, but in the end that's what happened. The bill passed and the Governor signed it into law, becoming effective August 1st.
 
Here is how it works: the DVS will offer vertical reading license plates. You will be able to mount these plates in vertical license plate brackets and law enforcement's scanners will still be able to read them. The plates can be ordered just like vanity plates and riders will have to pay an extra fee, but these new vertical reading plates should keep you out of trouble and if you sell the bike you can keep the plate for your next custom ride.
 
HABITUAL OFFENDER HELD WITHOUT BAIL IN CYCLIST'S DEATH
A Westerly, Rhode Island woman has been ordered held without bail on charges that she struck and killed a motorcyclist with her car. Laura Reale, 27, did not enter a plea at a July 22nd arraignment in Washington County Superior Court on an indictment of driving to endanger, death resulting.
 
According to an NBC 10 news report, a judge ordered her held without bail after a prosecutor said Reale had been hiding marijuana use by submitting another person's urine samples. She will be held until her lawyer can find her a drug treatment program.
 
Reale is accused of running a red light in Westerly on May 16 and crashing into a motorcycle driven by 27-year-old Colin B. Foote. Reale has a history of violations, with 27 moving-vehicle violations on record.
 
Foote's death led to a new state law aimed at preventing habitual traffic offenders from driving.
 
KEYSTONE MOTORCYCLE SAFETY CAMPAIGN
The Pennsylvania Department of Transportation has announced a free online program celebrating the freedom of motorcycling called the "Live Free Ride Alive" program. "The campaign reminds riders to take it easy out there and accept personal responsibility for their actions," said a PennDOT spokesperson. "It addresses issues of drinking and riding, speeding, and being properly trained and licensed to operate a motorcycle."
 
Pennsylvania riders can enhance their operating skills and safety awareness by taking free training offered through Pennsylvania's Motorcycle Safety Program. The live courses are free to Pennsylvania residents and are held from March through October at approximately 70 sites across the state. Motorcycle permit holders who successfully complete the course will be issued a motorcycle license.
 
NEW JERSEY LAWMAKERS INTRODUCE FEDERAL GANG LEGISLATION
According to information recently circulated by ABATE of the Garden State, New Jersey congressional representatives are pushing new federal legislation to deter gang activity.
 
In early August, U.S. Sen. Robert Menendez (D-N.J.) introduced one bill in the U.S. Senate while Rep. Frank Pallone (D-6th Dist.) introduced a version in the House of Representatives.
 
The legislation claims to address "criminal street gang problems" from several angles.
 
It would fund billions of dollars in programs for at-risk youth, including $5.5 billion in grants for state and federal programs. Menendez and Pallone also want $3.5 billion in grants over five years for police departments to fight gangs.
 
The legislation would also create or increase federal penalties for gang activities. For example, engaging in a "pattern of criminal gang activity" - meaning committing two or more crimes related to gang membership - could send someone to prison for up to 30 years.
 
AGING ROAD WARRIORS AT HIGHER RISK
Continuing to ride a motorcycle may keep some senior citizens young at heart, but as the riding population grows older they are more likely to be injured or die as a result of a mishap when compared to their younger counterparts due to factors associated with aging.
 
Researchers at Rochester University Medical Centre in New York released findings earlier this spring indicating that half of all motorcyclists needing emergency treatment in 2005 were over 40, double the number in 1993, and accidents involving riders in that age group were twice as likely to be fatal as those involving younger bikers.
 
Of all injured riders included in the study, those aged 50 to 59 were the fastest-growing group, while those between 20 and 29 were the most rapidly declining group.
 
Age-related changes, such as decreases in bone strength and brain size, may make older riders more susceptible to injury. Other factors associated with aging, such as impaired vision, delayed reaction time, and altered balance contribute to motorcycle crashes in this population.
 
In the study, which was published in the March issue of the American Surgeon, researchers using the National Trauma Databank reviewed the records of 61,689 motorcyclists aged 17 to 89 years involved in a motorcycle crash between 1996 and 2005.
 
The average age of motorcyclists involved in crashes steadily increased over the study period, which is consistent with published statistics from the Motorcycle Industry Council which report that the average age of motorcycle ownership rose from 33 years in 1998 to 40 years in 2003.
 
WEIRD NEWS: PYRAMID POWER USED TO STOP TRAFFIC ACCIDENTS
Since the days of ancient Egypt, pyramids have been credited with supernatural or paranormal properties, and now their putative powers are being harnessed by Indian police to reduce road accidents.
 
After meeting with an expert in Vastu, an ancient Hindu system of construction similar to Chinese Feng Shui, traffic officers in Nagpur are strategically installing small pyramids at accident-prone sites in the city in hopes their claimed positive energy can stop deadly crashes.
 
Vastu expert Sushil Fatehpuria, who offered his services free of charge, said that each 30 centimetre tall pyramid will have a copper bottom and five smaller pyramids inside. "I think the accidents are caused by negative energies. So we need to minimize or convert the negative energy into positive ones," he said. "I will energize the pyramids. I will transfer my positive thoughts into the pyramids."
 
A combination of an increase in drivers, many of them untrained, poor road planning and lax law enforcement have made India's roads the most dangerous in the world, with more than 114,000 fatalities each year. Good Luck!
 
EDUCATION CYCLES
The United States has donated 115 motorcycles worth $524,398 to an African educational center that coordinates tutors in the Uganda cities of Lango, Acholi and Teso.
 
The motorcycles were handed over by the U.S. Agency for International Development to Uganda team leader, Elise Ayers, at Asuret Core Primary Teachers College in Soroti in May. Ayers said the motorcycles would enable the tutors make a minimum of three visits to each school in a term to mentor and provide professional support to teachers.
 
INDONESIAN CAPITAL LIMITS MOTORCYCLE TRAFFIC
City officials in Jakarta are mulling over schemes to limit the number of motorcycles allowed in certain areas during peak hours to help unsnarl the city's acute traffic jams. The Indonesian Motorcycle Industry Association estimates there are about 35 million motorcycles in usable condition in the country, and in the capital city of 8.5 million people there are nearly one motorcycle for every person and growing by nearly a thousand new bikes every day.
 
This extraordinarily high number of motorcycles has exacerbated the city's already awful traffic, especially during rush hour, and plans are in place to begin banning bikes from a number of main thoroughfares in this mostly Muslim nation after the holy holiday of Ramadan, requiring riders to continue their journeys by public transportation.
 
Motorcycle numbers have been increasing for six years throughout the country, driven by affluence and affordable credit schemes. Today, a new motorcycle can be purchased with an initial down payment of Rp 500,000 (US$50).

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AMA Government Relations News & Notes is a monthly service compiled and edited by the AMA Government Relations Staff to keep motorcyclists informed of happenings around the world.
Posted 08/11/2010

Announcing the AMA 2010 Voter Guide, the first-ever national voter guide for AMA members. It features a fuel-gauge rating for every federal and gubernatorial candidate of the major political parties who returned an AMA questionnaire. The rating shows how closely the candidates' answers correspond to the positions held by the AMA and spells out where candidates stand on motorcycling-related issues.
With the midterm election fast approaching, the AMA has some great tools to help educate members on how their elected officials acted upon and voted on motorcycle-relevant issues. The Voter Guide also features a scorecard for federal incumbents seeking re-election that demonstrates how closely their voting records match the positions held by the AMA.
The 2010 AMA Voter Guide is available to AMA members in the Members Area of the AMA website at http://home.ama-cycle.org/membersonly. Motorcyclists who wish to join the AMA and take advantage of this latest member benefit can do so at www.AmericanMotorcyclist.com/Join.

Groups opposing an ethanol percentage increase in gasoline have launched a campaign calling for more testing. Environmental and industry groups that frequently oppose each other on a broad range of policy issues are launching a joint campaign calling on Congress to require thorough and objective scientific testing before allowing an increase in the amount of ethanol in gasoline.
Raising strong concerns about consumer safety and environmental protection, the groups have joined forces to sponsor an ad with the tagline "Say NO to untested E15" as part of an effort to persuade Congress and the Environmental Protection Agency to reject calls by some in the ethanol industry to allow the amount of ethanol in gasoline to increase by 50 percent. The ads began running on July 22.
Some 36 groups have also signed a letter that went to the majority and minority leaders of the U.S. Senate urging opposition to any amendment to the coming energy bill that would authorize the sale of gasoline with more than 10 percent ethanol.
Source and full story: http://www.amadirectlink.com/news/story.asp?id=2157

Lake Havasu City, AZ: The Bureau of Land Management (BLM) Lake Havasu Field Office recently announced a public open house on August 18, 2010, from 5:00 to 8:00 pm. The open house will be held at the Lake Havasu City Parks and Recreation Department Aquatic Center, to discuss the Havasu Travel Management Plan. The planning area includes public lands in the Lake Havasu Field Office south of I-40, extending to lands north of the Bill Williams River.
The open house will also mark the start of the public scoping period for the Havasu Travel Management Plan and Environmental Assessment. The assessment will evaluate all of the motorized and non-motorized routes of travel and their affected resources in the current inventory of existing routes in the study area and will include three transportation route network alternatives, designating each route as open, limited or closed. Written comments for consideration during the assessment preparation must be received by the BLM on Friday, September 17, 2010.
Comments may also be faxed to (928) 505-1208 or emailed to ASOWEB_AZ@blm.gov.
Copies of the maps will be available for review online at the Lake Havasu Field Office website at http://www.blm.gov/az/st/en/fo/lake_havasu_field.html or by contacting Myron McCoy, Outdoor Recreation Planner at the BLM Lake Havasu Field Office.

Redding, CA: your help is needed to develop a new OHV area in northern California. Forest Service managers on the Shasta-Trinity National Forests (STNF) want to provide appropriate and sustainable motorized recreation opportunities for the riding public. The goal is to develop a conceptual route plan to provide a variety of riding difficulties, challenges, and experiences in a well-planned and managed area, consisting of designated roads, trails and play areas along with supporting safety and infrastructure needs. For more information and volunteer opportunities riders are encouraged to contact Sylvia Milligan at smilligan4732@sbcglobal.net or by phone at (530) 949-6743.

Sacramento, CA: California lawmakers continue to back EPA label requirement for riders of new motorcycles. On August 4th, the Assembly Committee on Appropriations voted 11-5 to approve an amended version of Senate Bill 435, introduced by Sen. Fran Pavley (D-Oxnard-Los Angeles). This bill would make it illegal to ride a motorcycle on the road built on, or after, Jan. 1, 2013, that doesn't display a federal Environmental Protection Agency (EPA) label certifying the exhaust system meets sound emissions standards.
The AMA has long maintained a position of strong opposition to excessive motorcycle sound. However, the Association has been, and remains, opposed to this legislation. The only objective way to determine whether a motorcycle complies with sound laws is for properly trained personnel to conduct sound level tests using calibrated meters and an agreed-upon testing procedure. To that end the AMA has developed model legislation for use by cities and states seeking a simple, consistent and economical way to deal with sound complaints related to on-highway motorcycles within the larger context of excessive sound from all sources. The model legislation offers an objective method to evaluate motorcycle sound based on the Society of Automotive Engineers' (SAE) J2825 standard.

Lake County, IL: Lora Hunt, the fingernail-painting driver who crashed into motorcyclist Anita Zaffke in a Chicago suburb in 2009 and killed her was sentenced to 18 months of nighttime-only imprisonment. Hunt ignited outrage within the motorcycling community when she admitted to police that she was painting her fingernails at the time of the crash. During her jail sentence, Hunt, who is a nurse, will be allowed to work during the day as well as go to counseling sessions. The Morris, Ill., resident must also perform 240 hours of community service and spend 30 months on probation.
After the fatal crash, Greg Zaffke II of Wauconda, Ill., the victim's son, began painting his fingernails black as a reminder to anyone he meets of his mother's death. He also formed the Black Nail Brigade Foundation Against Distracted Driving (www.BlackNailBrigade.org) to publicize the dangers of distracted driving, push for legislation to impose appropriate penalties for distracted drivers who seriously injure or kill others and to boost awareness to share the road.
Source and full story: http://www.amadirectlink.com/news/story.asp?id=2136

Springfield, IL: Signed into law on July 27th by Governor Pat Quinn, House Bill 4580, sponsored by Rep. William Black (R-Danville), requires the Secretary of State to immediately revoke the license, permit, or driving privileges of any driver upon receiving a report of the driver's conviction of any offense against any provision in the Illinois Vehicle Code, or any local ordinance, regulating the movement of traffic, when that offense was the proximate cause of the death of any person.

Springfield, IL: On July 22, Governor Pat Quinn signed into law House Bill 4779, sponsored by Rep. Donald L. Moffitt (R- Oneida), which enables a court to require a person to pay an additional criminal penalty that shall be distributed to a public agency that provided an emergency response related to the person's violation for reckless driving or speeding in excess of 40 mph over the posted limit. The criminal penalty may not exceed $100 per public agency for each emergency response provided for a first violation, and may not exceed $500 per public agency for each emergency response provided for a second or subsequent violation.

Fruitland, MD: Recently a proposal to open an OHV park was presented to the city council. The plan would turn thirteen acres of land into a place supporters say will benefit the local community. The park would consist of three separate tracks accessible to four-wheelers, dune buggies and dirt bikes.
Organizers say the property is an ideal location because the topography of the terrain and surrounding trees will act as a barrier that will deflect any sound away from the surrounding area. A live demonstration for the proposed park is planned for August 26.
Source and full story: http://www.wmdt.com/news-archive.aspx?item=8796

Aitkin, MN: A public open house to provide information about Phase II of the Northwoods Regional ATV Trail System will be held on August 24 at the Quadna Mountain Resort, near Hill City. The Northwoods Regional ATV Trail System includes the development of an extensive, first-rate ATV/OHV trail in Aitkin and Itasca counties. The trail is designed to be environmentally sensitive, economically beneficial, and community supported. The complete project will include construction of at least 70 miles of new trail.
Planning for system began in 2007 with initial Phase I routes opening in 2010. The planning process for the Phase II routes will include public meetings, direction from a 19-member local oversight committee and completion of an Environmental Assessment Worksheet.
The Phase II routes being explored include proposed ATV trail routes connecting the North Soo Line to the Blind Lake and Rabey Line trails and the Alborn Trail to the Rabey Line in northern Aitkin County and southern Itasca County.
Source: http://www.brainerddispatch.com/stories/080610/new_20100806014.shtml

Jackson, MS: House Bill Senate Bill 2596, sponsored by Sen. Gray Tollison (D-Oxford), prohibits the use of any motor vehicle or motorcycle equipped with nitrous oxide on any street or highway unless the system is rendered inoperative by means of disconnecting the nitrous oxide feed line from the engine or removing the nitrous oxide canister from the motor vehicle or motorcycle. Signed by Governor Haley Barbour, the bill became effective July 1, 2010.

Concord, NH: House Bill 1481, sponsored by Rep. John A. Graham (R-Bedford) and signed into law by Governor John Lynch on July 6, requires all turnpike system tolls collected to be used exclusively for purposes of the operating expenses, construction, reconstruction, and maintenance of the New Hampshire turnpike system. It also prohibits the transfer of those funds for any other purpose.

Trenton, NJ: Signed into law June 30 by Governor Chris Christie, Senate Bill 2090, sponsored by Sen. Andrew R Ciesla (R-Brick), exempts motorcycles from the motor vehicle inspection requirements currently imposed by law. The bill took effect on July 1, 2010.

Columbus, OH: In response to a June 2 Ohio Supreme Court ruling that permits law enforcement officers to issue speeding citations based on an "unaided visual estimation of a vehicle's speed," three bills have been introduced. State senators Tim Grendell (R-Chesterland) and Capri Cafaro (D-Hubbard) have introduced Senate Bill 280, while House Bill 552, sponsored by Reps. Robert Hagan (D-Youngstown) and Ronald Gerberry (D-Austintown), and House Bill 553, sponsored by Rep. Barbara Sears (D-Sylvania), have been introduced in the House. The bills would prohibit anyone from being arrested, charged, or convicted of a speeding violation based on a peace officer's unaided visual estimation of the speed of a motor vehicle, trackless trolley, or streetcar.

Columbus, OH: House Bill 560, sponsored by Rep. Deborah Newcomb (D-Conneaut), would eliminate the $20 late fee for motor vehicle registrations, commercial driver's licenses, driver's licenses, and motorcycle endorsements established by the biennial transportation appropriations act of the 128th General Assembly and establishes a refund procedure for persons who paid the late fee.

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