NCOM BIKER NEWS BYTES FOR APRIL 2016

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)

WESTBORO BAPTIST CHURCH IS NOT PLANNING TO PROTEST 2016 BIKER RALLIES
A few weeks ago, a purported news story made the rounds about the federal government instituting a curfew on all bikers, and now the latest trending UNTRUE story claims the “Westboro Baptist Church Announces Plans To Protest 2016 Motorcycle Rallies.”

Citing a long list of major bike events, the article says a church spokesperson “confirmed that arrangements have been made for Westboro Baptist Church members to attend and protest multiple motorcycle rallies throughout 2016.” This spam is sourced from a known hoax website, but many have unknowingly forwarded and shared the “news” across the Internet.

WBC has no such planned interactions with bikers, although the group’s vile protests at soldier’s funerals were themselves the catalyst for bikers to come together to shield funeral-goers from the hateful signs and chants, and forming the Patriot Guard Riders.

While you obviously can’t trust everything you read on the Internet, the National Coalition of Motorcyclists has been a proven source of timely, reliable and valuable motorcycling information for more than thirty years, and NCOM encourages you to confidently share NCOM Biker Newsbytes with fellow concerned riders via print and social media.

ANTI-PROFILING MEASURE APPROVED BY MARYLAND LEGISLATURE
Maryland is set to become the second state in the country behind Washington to pass a law restricting police from profiling motorcyclists. Companion bills HB 785 (passed 136-0) and SB 233 (passed 47-0) call for a statement condemning motorcycle profiling to be included in police policies and require training of officers on “motorcycle profiling,” defined in the legislation as “The arbitrary use of the fact that an individual rides a motorcycle or wears motorcycle-related clothing or paraphernalia as a factor in deciding to stop, question, take enforcement action, arrest, or search the individual.”

The motorcycle anti-profiling legislation passed unanimously through committees and both chambers of the Maryland legislature, without a single no vote and without opposition from law enforcement, and heads to Governor Larry Hogan who is expected to sign it into law.

“Having the Police Training Commission add information on motorcycle profiling in their current training materials can only benefit everyone, by helping to raise awareness of any implicit bias officers may have against those who ride motorcycles or wear clothing associated with those who ride motorcycles,” stated the ACLU in written testimony in support of the measure, and drawing comparisons to racial profiling.

WHITE HOUSE REPSONDS TO RACING PETITION
The White House has been flooded with nearly 170,000 signatures from racing enthusiasts and race industry stakeholders concerned over an over-reaching regulation from the Environmental Protection Agency (EPA) that would prohibit street-legal vehicles, including motorcycles, from being modified for racing, and the Obama Administrations “We The People Team” recently responded, noting that the EPA is still considering the proposed standards and the issue is still in review.

The EPA has reopened the proposed regulation for further public comment, with final approval expected this summer.

While the battle over the EPA proposal continues, the U.S. Congress has introduced the bi-partisan Recognizing the Protection of Motorsports (RPM) Act (HR 4715) which would ensure that street vehicles can continue to be modified for the track. Regardless of whether the EPA removes the onerous provision to prohibit racing conversions from its regulation, the RPM Act would guarantee that the longtime practice of modifying street vehicles into dedicated racetrack competitors is continued today, and protected for future generations of race fans as well.

CONGRESSIONAL BILL WOULD PROMOTE USE OF E15 GAS
Despite controversy over the proliferation of E15 fuel, which is not approved for use by any motorcycle manufacturer and can invalidate warranties, Congress will consider a bill to expand existing infrastructure utilized in the “process of dispensing fuel containing covered renewable or alternative energy.”

HR 4673, the “Renewable Fuel Utilization, Expansion, and Leadership Act” (REFUEL Act) would provide federal grant money to subsidize the installation of blender pumps and equipment necessary to expand the availability of E15 gasoline, a fuel blend containing 15% ethanol.

The measure directly conflicts with earlier Congressional action taken in the FARM bill to prohibit funding for ethanol blender pumps, in an effort to restrict E15 expansion in the U.S. marketplace.

APEHANGERS LEGALIZED IN GEORGIA
A bill in Georgia modifies their existing handlebar height law to allow for taller bars. House Bill 166, the “Motorcycle Mobility Safety Act,” passed the state Senate by a vote of 45-4 after clearing the House unanimously 166-0, and is headed to Governor Nathan Deal for signature.

The new law increases the maximum measured height of a motorcycle’s handlebars from 15 inches above the seat to 25 inches.

Discriminatory in nature, handlebar height laws were never about rider safety, and most were adopted by states in the sixties to give law enforcement a tool for pulling over bikers on choppers.

MINNESOTA IDENTIFIES “AUTOCYCLE”
Is the Slingshot a car or a motorcycle? BOTH, says Minnesota legislators, in deference to Twin Cities-based Polaris Industries, which began manufacturing the reverse three-wheeler with an open cockpit and a steering wheel in 2014.

The state House says such a three-wheeled vehicle fits in a category of its own, and representatives recently voted 129-1 to create an “autocycle” category, between a car and a motorcycle, allowing Minnesotans without a motorcycle operator’s license endorsement to drive the vehicle, which will be considered a motorcycle for insurance and license plate purposes.

Many states remain divided over such distinctions between three-wheels and two, but Minnesota’s bill includes several requirements for an autocycle, including antilock brakes, a steering wheel (instead of handlebars, like cycles) and car-like seats (not a straddling seat like a motorcycle). Helmets would not be required on an autocycle, but eye protection and seat belts would be. A companion measure awaits a Senate vote.

NYPD TO TELEVISE CRUSHING OF CONFISCATED BIKES
As a deterrent to illegal riding, New York police are planning to publicly crush hundreds of non-road-legal bikes and quads that have been confiscated from their owners in an effort to battle a growing craze for riding dirt bikes on the road.

The New York Post newspaper reported that during the first quarter of this year alone the NYPD has seized 312 illegal bikes, more than twice as many as in the same period last year. Now it’s planning to destroy them and broadcast the carnage.

Police Commissioner Bill Bratton and Mayor Bill de Blasio announced the scheme, with the mayor stating: “We are going to crush them on TV to make a point.”

Commissioner Bratton confirmed the report, saying: “We will, a little later this spring, have a big crush-in, where we intend to take all of these things and crush them.”

According to authorities, large groups of bikes riding in New York, often on non-road-legal dirt bikes or quads, have been a growing problem.

NEW YORK ‘TEXTALYZER’ COULD IDENTIFY DISTRACTED DRIVERS
Drunk driving is dangerous, and so is texting while driving, but while police have long had a breathalyzer test for drivers who imbibe too much, until now they haven’t had similar tools to combat distracted driving.

According to the Centers for Disease Control, distracted driving causes 8 deaths every day, and now New York lawmakers are considering a bill that would allow police to use a piece of technology to see if a phone was in use during an accident, causing a distraction. The device is called a “textalyzer,” a roadside device that can read cellphones to detect recent activity.

The unprecedented piece of legislation would require drivers who have recently been in a crash to submit their cell phones to police for testing. The textalyzer wouldn’t be able to read contacts or content, such as what you write in your texts, but it would tell the cops if the phone was in use before the crash.

The textalyzer also would work like a breathalyzer in another way — refusing to have your phone scanned would result in having your license immediately revoked.

CALIFORNIA CONSIDERS TRAFFIC SCHOOL FOR MOTORCYCLISTS
Traffic violators in California have long enjoyed the option of completing an authorized “Traffic Violator School” in lieu of adjudicating certain minor vehicle code infractions, thereby avoiding “points” against their driving record and dismissing the citation. These traffic schools originated in California, where violators have a choice of approved defensive driving courses, everything from comedy to singles and even online courses, but nothing for motorcycle riders even if their ticket was on a bike.

Now, Assembly Bill 1932 would “authorize a person who is ordered or permitted to complete a course of instruction at a licensed traffic violator school as a result of an offense committed while operating a motorcycle to instead complete an advanced-level motorcyclist safety training course.” The bill authorizes the Commissioner of the California Highway Patrol to adopt standards for course content, contact hours, curriculum, instructor training and testing, and instructional quality control for the advanced-level motorcyclist safety training course.

PENNSYLVANIA ROLLS OUT FREE MOTORCYCLE TRAINING
Professional motorcycle training is recognized as the most important part of riding, and with warmer weather ahead the Pennsylvania Department of Transportation (PennDOT) recommends free motorcycle training through the Pennsylvania Motorcycle Safety Program (PAMSP) as part of a rider’s preparation for the 2016 riding season.

Whether totally new to motorcycles or an experienced rider, there are courses available for everyone. From the 15-hour Basic Rider Course (BRC) for novices, to the six-hour Basic Rider Course 2 (BRC2) to refresh skills, or the one-day Advanced Rider Course (ARC) for more seasoned riders, free course are being offered at 76 state-wide locations.

Motorcycle learner’s permit holders who successfully complete a basic rider course will be issued a motorcycle license.

FEDS RESUME CONTROVERSIAL ASSET SEIZURE PROGRAM
Bikers have become all too familiar with the law enforcement tactic of asset seizure, with club patches and trademarks coming under fire in recent years, and now the Justice Department has just announced that it is resuming the controversial practice that allows local police departments to funnel a large portion of assets seized from citizens into their own coffers under federal law.

Asset forfeiture is a contentious practice that lets police seize and keep cash and property from people who are never convicted – and in many cases, never charged – with wrongdoing. The “equitable-sharing” program gives police the option of prosecuting asset forfeiture cases under federal instead of state law. Federal forfeiture policies are more permissive than many state policies, allowing police to keep up to 80% of assets they seize.

The Justice Department had suspended payments under this program back in December due to budget cuts included in last year’s spending bill, raising hopes the department was reining in the practice, but law enforcement groups recently rallied members of Congress to call on the Justice Department to restore the payments.

Reports have found that the use of the practice has exploded in recent years, prompting concern that police may be motivated more by profit and less by justice. In 2014, federal authorities seized over $5 billion in assets.

QUOTABLE QUOTE: “News is the first rough draft of history.”
~ Philip L. Graham (1915-63), journalist & newspaper publisher

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