January 26, 2003

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, call us at 1-(800) ON-A-BIKE or visit us on our website at

NCOM COAST TO COAST BIKER NEWS
Compiled and Edited by BILL BISH,
National Coalition of Motorcyclists

EPA COMMENT DEADLINE PASSES?WHAT NEXT? With the passing of the January 7 deadline for public comment, the federal Environmental Protection Agency is expected to release their final emissions regulations for street motorcycles, but can bikers do more than just wait and see what the EPA has in store for our future?

Contacting your Congressman and U.S. Senator to let them know your feelings about the stringent standards should be your first priority, if you value your right to ride. While you’re at it, send a copy of your letter or memo of your phone call to Christie Todd Whitman, EPA Administrator, at 1200 Pennsylvania Ave. NW, Washington, D.C. 20460, so that the agency is well aware of motorcyclists’ concerns over their pending rules.

The Barcia Bill, or “Motorcycle and Motorcycling Small Business Protection Act (HR 5433),” will not be carried over into the new legislative session, and Michigan Congressman James Barcia did not run for re-election. But that doesn’t mean Congress can’t exert political pressure to create protections for small volume manufacturers and the motorcycle aftermarket.

“It’s not so much what the EPA standards do that concern us most as consumers,” lectured Bill Bish at a recent NCOM (National Coalition of Motorcyclists) Regional Meeting in Ohio, “It’s what they potentially open the door to that could sound a death knell for motorcycle enthusiasts.”

In-use emissions testing, roadside inspections, stricter enforcement of anti-tampering regulations, bans on equipment modifications that alter emissions, end-of-life mandatory recycling, and decertification of aftermarket products could have a chilling effect on the motorcycle industry and effectively create a monopoly controlled by the marquee manufacturers.

“You don’t see automobile dealers doing performance work on cars anymore because they know that the EPA can slap them with heavy fines for tampering with emissions systems, so how long before the feds start clamping down on performance modifications to our motorcycles, holding both the dealer and consumer responsible for altering emissions output?,” Bish asked the crowd in Columbus during a seminar hosted by NCOM and A.I.M. Attorney Ralph Buss.

If we could no longer modify or customize our motorcycles, or have access to aftermarket performance parts, an entire market could come crashing down, and who in the motorcycle industry wouldn?t be affected by that?

HELMET LAWS AGAIN Ever since bikers came together across the country to successfully repeal the national helmet law in 1995, there have been no real helmet law threats in any of the freedom of choice states, while five states have succeeded in repealing mandatory helmet laws beginning with Arkansas in 1997. Texas, Kentucky, Louisiana and, most recently, Florida have followed suit, making 30 free choice states and only 20 requiring helmets for all riders.

However, for the first time in nearly 8 years, motorcycle rights organizations will be on the defensive and must gear up for helmet law battles in their state legislatures. Two of the five states that recently won their freedom of choice, Arkansas (HB1024) and Louisiana (HB41), will have helmet bills introduced this session and will have to fight to maintain their hard-earned rights. Louisiana legislators received a list of proposals from the state insurance commissioner aimed at stabilizing rising insurance costs, and “mandatory motorcycle helmet laws” was among the suggestions.

“Here we go again,” said Dan “spotman” Spotten, an Assistant State Coordinator for ABATE of Iowa, where a local television station is prompting the state legislature to pass a helmet mandate.

“We knew the good times wouldn’t last forever and it looks like the party’s over,” said Richard Paulkner, Legislative Director of the Connecticut Motorcycle Riders Association (CMRA), referring to an internal legislative proposal from the Connecticut Department of Health proposing a mandatory helmet law for all motorcycle riders. “It’s time to start composing those hand-written letters to your State Representative and State Senator,” instructs Paulkner. “Remember, be polite and do not try to be an expert unless you are one. Share your personal experiences and state your beliefs, but do not make claims you cannot prove if asked to do so.”

Keep your ear to the ground, and your pencils sharpened!

FROM THE “I TOLD YOU SO” DEPARTMENT Scott McCool of ABATE of California and an Easyriders magazine staffer writes that he was watching TV recently when “I heard an interesting item… ‘Are bicycle helmets unsafe?’ So, I thought I’d listen for a bit longer. It seems that two studies have been done by Universities that show that bicycle helmets do NOT prevent brain injury as they have been advertised! Well no sh!t. According to these academic studies, ‘More often, the wearing of a bicycle helmet causes risky riding behavior…in many cases, especially with children, the helmets reduce visibility and [I love this part] are UNCOMFORTABLE.’ I’m glad the taxpayers (us) are paying for a study to show what we’ve been claiming all along.”

LAWSUITS FILED OVER PENNSYLVANIA POLICE HARASSMENT Law enforcement agencies in Pennsylvania “have engaged in a practice of conduct designed to deprive Plaintiffs of their interests in life, liberty, and property without due process of law and to deny Plaintiffs’ equal protection of law” by actively discouraging patch holders from attending public functions and telling them that they are not allowed in Philadelphia and Darby, according to a recently filed lawsuit.Those same club members are now fighting back through the courts.

Following several incidents of harassment, a total of four separate lawsuits have been filed against Philadelphia and Darby, PA municipalities and their law enforcement divisions, seeking monetary compensation, punitive damages and injunctions to prevent further violations of bikers’ rights.

A pattern of harassment has developed, starting with Darby police officers writing tickets and gathering intelligence at an Eastern Pennsylvania Confederation of Clubs meeting in August, stopping and detaining attendees and literally telling some to “stay out of town.”

Then, on November 3, 2002, members of the Warlocks MC, Pagans MC and other 1% clubs were prevented from attending the Philadelphia Toy Run, organized by the Delaware Valley Chapter of ABATE of Pennsylvania, which they had done without incident for many years. Club members were stopped, detained and searched without provocation, and were told that they would not be allowed to fly their colors in the city of Philadelphia or they would go to jail if they refused to remove their vests.

The Warlocks immediately filed a lawsuit, which garnered national media attention, and the police agreed to a one day stipulation approved by the court to allow the club to attend a Bikers Against Child Abuse (BACA) Toy Run on November 10 in Darby. However, when patch holders arrived, they were once again met with a heavy police presence and were detained, ticketed for minor infractions, and ultimately members of the Warlocks and Pagans were prevented from participating in the BACA Toy Run.

“Lots of kids went without toys this Christmas due to the actions of the police,” said Jesse Moore of the Pagans.

Two lawsuits have been filed by Aid to Injured Motorcyclists attorney Boyd Spencer, AIM Attorney for Pennsylvania and New Jersey, one in association with the harassment of club members at the Darby Confederation of Clubs meeting in August, and the other in response to the heavy-handed actions of police during the Philadelphia Toy Run on November 3.

“The police have engaged in a practice of conduct designed to interfere with my clients’ rights protected under the First and Fourteenth Amendments to the United States Constitution, including their right to freedom of assembly and association, as well as their Fourth Amendment rights to be free from unreasonable searches and seizures,” said attorney Spencer, who serves as legal counsel to the Confederations of Clubs of Pennsylvania and New Jersey.

Stay tuned as further developments unfold.

POLICE WANT BIKERS DECLARED TERRORISTS

The federal justice minister is considering declaring the Hells Angels Motorcycle Club a terrorist organization, based on a secretive seizure by the RCMP at Montreal’s Dorval airport. Although Canadian authorities are saying little about the criminal investigation involving a member of the club, and have refused to identify what was found, according to published reports a seizure of a club member’s colors and questions about an unexplained quantity of cash at the international airport has triggered a call for the club to be added to the federal government’s list of terrorist organizations.

The seizure occurred after several members of the Hells Angels returned to Canada on December 2, 2002, from a meeting in Europe, and although authorities remain tight-lipped, sources told the National Post newspaper that a jacket and other items of clothing bearing the Hells Angels logo were confiscated. $2,600 in cash was questioned, but not seized, and no charges have been filed. The colors were being carried in the member’s luggage while passing through Canada Customs.

Authorities told the newspaper that the club has no known ties to well-known terrorist groups, but the way the group is run falls within parameters of the current anti-terrorism law. Canada currently lists 16 groups as being involved in terrorism, including al Qaida, Hezbollah and Hamas.

The incident has prompted discussion about applying the wide-ranging powers approved after the Sept. 11 terrorist attacks on the United States to fight criminal organizations. Such a move would make it far easier to prosecute and seize the assets of outlaw motorcycle club members.

“I’d love to see it get easier for us [to prosecute them]. We are always open for that,” said Commander Mario Plante, head of the organized crime division of Montreal police.

A member of the Hells Angels, who spoke on condition he not be named, said linking the club to terrorist activity is offensive. “It belittles how important the fight against terrorism is,” he said.

“Our parents fought in World War II,” he told the newspaper. “The Hells Angels’ original members were born out of having fought the Nazis and every Hells Angel would be the first to line up in defense of their country.”

WEIRD NEWS OF THE MONTH: A DODGE MOTORCYCLE? A new American cruiser may be on the horizon, and it may sport a Dodge emblem on its gas tank! The Dodge Tomahawk concept motorcycle turned heads at the recent NAIAS Auto Show in Detroit, a dual-tandem four-wheel motorcycle built around the Viper 8.5 liter V-10 engine capable of producing 500 horsepower and theoretically achieving a top speed of 400 mph.

“This is for people who are passionate about engines,” said Chrysler CEO Wolfgang Bernhard, who rode the Tomahawk on stage during a media preview. “A motorcycle is the most beautiful way to showcase an engine.”

At 590 pounds, the 505-cubic-inch motor could propel the Tomahawk from 0-60 mph in an inertia-defying 2.5 seconds. Chrysler executives volunteered that Dodge may build the bike in limited numbers, selling for approximately $250,000 each.

RINGING IN A DECADE OF RECORD BIKE SALES The motorcycle market is apparently healthy, even during an uncertain economic climate, as figures released by the Motorcycle Industry Council (MIC) reflect a tenth straight year of increased sales. New motorcycle sales are expected to top 850,000 units, up more than 10% from last year, and representing four straight years of double-digit increases. The industry is also expected to surpass last year’s retail sales dollars, which was $6.4 billion in 2001.

Street bikes comprised 62% of the motorcycle market in 2001, with off-road machines making up 31% of the sales, and scooters and dual sport bikes accounting for the rest. Cruiser sales dominate the on-highway segment of new bikes with well over 50% of the market, followed by sport bikes which comprise 20% of that category.

Southern states lead the pack in sales by region, followed by the West, then the Midwest, and East. According to sales records, April and May remain the strongest months for bike purchases.

RESERVE YOUR PLACE IN BIKER HISTORY! Mark your calendars now for the upcoming 18th Annual NCOM Convention, May 8-10, 2003 in Milwaukee, Wisconsin. Join with over a thousand bikers rights leaders from across the country and around the world as they develop agendas, plan strategies and plot the course for motorcycling freedoms for our future. For room reservations, call the Four Points Sheraton, Milwaukee Airport Hotel, at 4747 South Howell Ave, at 800-558-3862, and be sure to mention NCOM for our special group rate. Convention registration is $75.00 including the Silver Spoke Awards Banquet, or $40.00 without banquet. For more information, or to pre-register, call the National Coalition of Motorcyclists at 800-525-5355.

QUOTABLE QUOTES: “Just because you do not take an interest in politics doesn’t mean politics won’t take an interest in you.”PERICLES, Greek Statesman (430 B.C.)

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