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 COAST TO COAST BIKER NEWS
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists (NCOM)
MICHIGAN RIDERS WIN HELMET FREEDOM
Proving that persistence pays off, motorcyclists in Michigan shook off the sting of two previous gubernatorial vetoes of their helmet law repeal bills over the past few years and bounced back to win freedom of choice with the stroke of their new governor’s pen.
“Michigan gained freedom today when Governor Rick Snyder signed the bill (SB 291) into law (Public Act #98) that repeals the 37-year old mandatory helmet law,” announced Angel Richardson, Legislative Director for the Michigan Confederation of Clubs and a member of the National Coalition Of Motorcyclists (NCOM) Board of Directors. “The repeal is effective immediately!,” she continued. “Thanks to everyone who made a phone call, sent a letter or a postcard, or sent an e-mail…..your efforts made a difference.”
The Michigan legislature overwhelmingly approved the measure with broad bipartisan support, and with Gov. Snyder’s signature on April 12th Michigan now joins 30 other states in amending their mandatory helmet law in favor of adult choice. “The new law modernizes Michigan’s outdated mandatory helmet law, which was a holdover from bygone days leaving Michigan in the minority as one of only 20 states left enforcing an empty federal mandate,” said Vince Consiglio, President of ABATE of Michigan.
The proposal to update Michigan’s mandatory helmet law was introduced in the Senate by Senator Phil Pavlov (R) St. Clair. “Every year, millions of dollars leave our state because of Michigan’s outdated mandatory helmet law,” Pavlov said. “This bipartisan plan will keep our dollars here, attract even more tourists to Michigan and help our state in these tough economic times.”
Allowing motorcyclists to ride helmet-free could also generate more than $1 billion in direct and indirect revenue, according to a recent Michigan Consultants study.
The new law gives Michigan the strictest requirements for riding helmet-free of any state that has modified mandatory helmet laws for adult choice. To ride helmet-free in Michigan, motorcyclists must:
* Be at least 21 years old.
* Have at least two years of riding experience or undergo special safety training.
* Carry at least $20,000 in additional medical insurance.
“On behalf of the NCOM Board of Directors we congratulate the State of Michigan on a job well done and to all who supported them,” said James D. “Doc” Reichenbach II, Chairman of the NCOM Board.
NEW VIRGINIA LAW ALLOWS MOTORCYCLISTS TO RIDE SIDE-BY-SIDE
Motorcyclists are eager to legally cruise side-by-side now that Governor Bob McDonnell has signed legislation permitting them to ride two abreast in a single driving lane in Virginia.
House Bill 97, sponsored by Delegate Tony Wilt (R-Harrisonburg), passed overwhelmingly 87-10 in the House and 38-2 in the Senate, and will now allow two-wheeled motorcycles to drive alongside each other in one lane. State law currently prohibits motorcyclists from riding next to one another, and violators can be charged with reckless driving.
“The bill allows riders to use their own judgment in determining when it is appropriate to ride beside someone, but does not require them to do so,” said Del. Wilt. “One goal is to eliminate the harsh punishment placed on riders for doing something as innocent as pulling aside another rider while stopped or taking off together after being stopped.”
Virginia will become the 49th state to accommodate two-abreast riding when the new law takes effect July 1. Vermont remains the only state to prohibit the practice.
KENTUCKY MOTORCYCLE LICENSING MEASURE PASSES
“HB 328 was signed into law by Governor Steve Beshear on April 11th, 2012,” announced Jay Huber, State President of the Kentucky Motorcycle Association in a legislative alert to KMA/KBA members. “In short this bill does two things: Stops the cycle of people riding around on a permit for years and years along with providing a way for 16 and 17 year olds to once again get a motorcycle license.”
According to the bill’s digest, the new law will “allow a person who has received an intermediate operator’s license to apply for a motorcycle instruction permit; make a motorcycle instruction permit good for 1 year, with the ability to renew the permit 1 time, allow a person whose motorcycle instruction permit has expired apply for a motorcycle operator’s license if the person can present proof of successful completion of a motorcycle safety education course.”
MOTORCYCLE SAFETY ACT BECOMES LAW IN WISCONSIN
Governor Scott Walker signed AB55 into law, reports ABATE of Wisconsin, which not only clarifies penalties for right-of-way violations but also establishes motorcycle awareness training in Drivers-Ed courses.
AB55 provides a technical correction for 2006 Wisconsin Act 466, moving the penalty provisions from the courts to an administrative function of the DMV. All right-of-way violators that cause serious injury or death on Wisconsin’s roadways will be subject to up to a one thousand dollar fine and up to a nine month license suspension and must complete a DOT approved right-of-way awareness class before being reinstated. Also, AB55 adds a mandatory minimum of thirty minutes of motorcycle awareness training in all drivers’ education classrooms throughout the state.
“It is ABATE of Wisconsin’s hope that the education and awareness portions of this law will help promote responsible driving on Wisconsin’s roadways and make our roads safer for all roadway users,” said the motorcyclists’ rights organization in a prepared statement.
FLORIDA FUNDS RIDER SAFETY
“This morning the Governor of the State of Florida signed into law the budget for the next fiscal year,” reported ABATE of Florida State President James “Doc” Reichenbach, adding that “Included in the budget was $250,000 to ABATE of Florida, Inc. for motorcycle safety.”
In the past five years the Florida Legislature has put in the budget $1,250,000 for motorcycle safety to be administered by ABATE. “Congratulations to the members of this great organization,” Doc told the membership.
BIKERS ROLL WITH “COLORS” LAWSUIT
Police claim that a group of bikers was pulled over for wearing improper helmets, but an attorney for the bikers claims they were stopped by state troopers because of their colors.
In a recently issued court opinion, U.S. District Judge Jerome Simandle in Camden, N.J. said two members of the Pagans Motorcycle Club and one Tribe M.C. member can proceed with their lawsuit stemming from a July 30, 2009, traffic stop in Burlington County, including malicious prosecution. During the stop, New Jersey state troopers ordered riders of six motorcycles to remove their “colors,” the members’ patched jackets, but the bikers refused — leading to a federal lawsuit alleging actions by the troopers violated their constitutional rights.
“The court has basically said, ‘Yes you have a right to wear a patch, these logos,’ ” said Norristown attorney Boyd Spencer, who represents the Eastern Pa. Confederation of Clubs.
The bikers were ticketed for not having approved helmets, and were told to remove their colors if they wanted to leave. 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 told the group after nearly 50 minutes had passed, referring to State Police blue and gold uniforms.
None of the bikers removed his colors, and at a later municipal court hearing, the helmets were found to be legal and a prosecutor dismissed the charges.
“We’re looking … for the court to rule the obvious: These people have a right to wear their colors,” said Spencer, who is the Aid to Injured Motorcyclists (A.I.M.) attorney for Pennsylvania and New Jersey, and serves as legal counsel for the local Confederations of Clubs. “This is a widespread practice of police officers harassing people with (club) patches on,” asserted Spencer, who contends his clients were stopped and detained by the troopers because of their colors. “It’s not an isolated incident.”
The state filed a motion to dismiss the lawsuit but Simandle, in his ruling, said the plaintiffs “sufficiently alleged deprivations of a clearly established constitutional right.”
DATA SHOWS HIGHEST RISK FOR NEW MOTORCYCLISTS
Safety studies show the most dangerous time for motorcyclists is their first year riding, peaking in the first month. For motorcycle riders, their first 30 days are about four times more risky than their entire second year. A study by the Highway Loss Data Institute shows 22% of nearly 57,000 collision claims from 2003 to 2007 occurred within 30 days of a new policy taking effect. The claim rate then dropped by one-third in the second month and by almost two-thirds after six months.
PREDICTING FUTURE CYCLES
The Motorcycle Industry Council has reported a 7.2% gain in first quarter motorcycle sales across 18 leading brands, and a staggering 50% increase in scooter sales – suggesting that the recent spike in gas prices is inspiring more Americans to take to two wheels.
The MIC also notes that total on-highway tire sales rose 27.5% for motorcycles and 48.6% for scooters, indicating that already-owned bikes are seeing usage.
Market prognostication is an iffy proposition at best, but the MIC is boldly offering their first ever estimate for future motorcycle sales, though it’s not an entirely rosy outlook. Regarding the remainder of 2012, MIC president Tim Buche says “Even with low interest rates making this a great time to buy for many people, overall economic uncertainty is leading us to predict we’ll have fewer sales in 2012.”
The MIC does offer a positive observation: “Spending on maintenance and repairs has been rising since April 2010, according to the business advisory, suggesting that the market for consumers taking care of bikes they’ve long owned, or improving used bikes they’ve recently purchased, could continue to improve.” The MIC also states that tire sales confirm that riders are putting more miles on their motorcycles, suggesting that while new bike sales might be weak, interest in the sport isn’t waning.
WEIRD NEWS: MOTORCYCLISTS CHARGED WITH TERRORISM FOR NOISY EXHAUST
Prosecutors in violence-stricken northern Mexico have brought terrorism charges against two motorcyclists because their loud exhaust pipes backfired and caused a sound like gunshots that sent a crowd into a panicked stampede.
The two motorcyclists were leaving their workplace near the main square of the northern city of San Luis Potosi, where an Easter week festival was being held. The two got on their bikes and fired them up, and that is when the confusion began. Because the backfiring of the engines sounded like the popping of gunshots, hundreds of people stampeded out of the square seeking cover. But the streets were nearly blocked by vendor stalls, causing the crowd to pile up and resulting in some people getting trampled.
That, not the motorcycle engines, was the real problem, according to the state Human Rights Commission, which has launched an investigation into the arrests and noted that the two suspects had been beaten by police.
State law defines terrorism as acts that “produce alarm, terror or fear in the population … to disturb the public peace or try to undermine government authority.” Officials say state criminal codes often lack lesser but more appropriate charges to handle situations involving acts that may be irresponsible but are hardly criminal.
It would all seem like a tempest in a teapot, if the two men weren’t facing possible sentences of five to 20 years in prison if convicted. While that seems like harsh punishment for a noisy exhaust, authorities said such irresponsible behavior is a real problem for states where drug-gang gunbattles have terrorized residents in recent years.
QUOTABLE QUOTE: “The legacy of heroes is the memory of a great name and the inheritance of a great example.”
~ Benjamin Disraeli (1804-1881), British statesman
–Photos and images from the Bob T. collection–
