THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to InjuredMotorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), andis sponsored by the Law Offices of Richard M. Lester. For more information, callus at 1-(800) ON-A-BIKE or visit us on our website at <
NCOM NEWS BYTES
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists
POLICE URGED TO CRACK DOWN ON SPEEDERS A group of state traffic safetyofficials is calling upon police departments to cease and desist in allowing a”cushion” for speeders.
Authorities patrolling U.S. highways tend to give motorists a cushion of up to10 miles per hour above the speed limit before pulling them over, according to areport released June 13th by the Governors Highway Safety Association, and thispractice creates an unsafe comfort level at high speeds and is a potentialsafety hazard, they say.
The group found that 42 states allow drivers to regularly exceed the speed limitbefore they are stopped.
“This cushion truly exists across this country and in some cases is more than 10mph above posted limits,” said Jim Champagne, the association’s chairman.
“Law enforcement needs to be given the political will to enforce speed limitsand the public must get the message that speeding will not be tolerated,” saidChampagne, who also is executive director of the Louisiana Highway SafetyCommission.
The survey’s release coincided with the association’s forum on ways to addressspeeding, with the goal of making recommendations for states to consider.
“As a country, if we are going to reduce the carnage on our roadways, speedingmust be given the same level of attention that has been given to occupantprotection and impaired driving,” Champagne said.
Since 1994, 38 states have increased their speed limit, the report said.Congress in 1995 allowed states to raise limits above 55 mph in urban areas and65 mph on rural roads.
A study released in 1999 by the Insurance Institute for Highway Safety estimatedan increase in deaths on interstates and freeways of about 15 percent in the 24states that had raised their speed limit in late 1995 and 1996.
HOUSE APPROVES TOUGH NEW ANTI-GANG MEASURE The U.S. House of Representativesvoted May 11th to approve a bill that changes the definition of criminal streetgangs and imposes mandatory minimum sentences for gang-related crimes, andmaking them a federal offense with a schedule of penalties ranging from 10 to 30years, with a sentence of life in prison or capital punishment for a gang crimethat results in a death.
The Republican-backed bill, approved overwhelmingly 279-144, is one of severalaimed at establishing minimum penalties to replace mandatory sentencingguidelines struck down by the Supreme Court. H.R. 1279, the Gang Deterrence andCommunity Protection Act, was introduced by Rep. J. Randy Forbes (R-VA) after aSupreme Court ruling in January allowed judges to deviate from the harshpenalties specified in federal sentencing guidelines.
Supporters say the “Gangbusters” bill was designed to give prosecutors and lawenforcement officials tools for dealing with gangs similar to those that theRacketeer Influenced and Corrupt Organizations (RICO) Act gives them to combatorganized crime.
The legislation revises the legal definition of a “criminal street gang” from atleast five to at least three people who have committed at least two crimestogether, at least one of them a violent crime.
Minimum mandatory sentencing guidelines would impose death or life imprisonmentfor any crime resulting in death; at least 30 years in prison for kidnapping,aggravated sexual abuse or maiming; and at least 20 years for an assaultresulting in serious bodily injury. Convictions for other gang crime — definedas violent crimes and other felonies committed to further the activities of astreet gang — would result in a minimum prison term of at least 10 years. Gangmembers would be able to avoid the toughest sentences if they cooperate fullywith prosecutors.
President Bush endorsed the bill shortly before the vote, with a White Housestatement declaring that increasing the penalties for illegal gang activity will”deter violence and encourage cooperation from gang members.”
The bill’s prospects in the Senate are uncertain. Senators Dianne Feinstein(D-CA) and Orrin Hatch (R-UT) have introduced an anti-gang bill that, unlikeForbes’ bill, contains funding for crime prevention programs and does notinclude mandatory minimum sentence provisions.
In an urgent message to the Confederations of Clubs from the National Coalitionof Motorcyclists, NCOM Founder Richard Lester states in part: “HR. 1279 wasintroduced on March 14, 2005 by Representative Randy J. Forbes: We all have toget our letters in to the Senate to get this bill stopped quickly, as it is onthe fast track and has passed further through Congress than any other Gang Bill.As American Citizens we must all stand together and let the government hear ourvoices, as we are the voices for this country and we have that right to beheard. We are NOT ‘Gangs’; we are men and women from all walks of life who enjoythe freedom of riding our bikes and the company of other fellow riders — andthey are trying to take that away from us! What is this country coming to, thatthey can tell us we can’t ride in a group of three or more or if we do we are aGang, or they will decide who you can associate with? What happened to FREEDOMof CHOICE?”
HOUSE CONSIDERS BILL TO END HEALTH CARE DISCRIMINATION H.R. 2793, “The HIPAARecreational Injury Technical Correction Act”, which would prohibit health-careproviders from denying insurance coverage to those who are injured whileparticipating in legal transportation and recreational activities such asmotorcycling, ATV riding, snowmobiling, or horseback riding, was introduced inthe U.S. House of Representatives on June 8th by U.S. Representatives MichaelBurgess (R-TX) and Ted Strickland (D-OH).
The bipartisan bill is similar to a Senate measure, S. 577, “The HIPAARecreational Injury Technical Correction Act”, introduced earlier this year byU.S. Senators Susan Collins (R-ME) and Russ Feingold (D-WI) to close a loopholethat has allowed insurance companies to discriminate against motorcyclists andothers involved in so-called “risky activities” when it comes to paying forhealth care benefits. A nearly identical bill was approved by the Senate lastsession, but failed to clear the House.
CONGRESSIONAL QUARTERLY RECOGNIZES BIKERS POLITICAL CLOUT According to a recentCongressional Quarterly report, the National Highway Traffic SafetyAdministration (NHTSA) is spearheading a campaign to encourage states to enactstronger seat belt laws, but its efforts are hampered for the state helmet lawdebate by a 1998 law that bars the federal agency from lobbying on the issue,the CQ report stated.
Congress has been pretty clear in directing the agency not to get involved, saidNHTSA spokesman Rae Tyson, and the CQ report said few in Congress appearinclined to loosen the leash on the NHTSA – “a tribute to the political musclethat motorcyclists enjoy.”
National motorcycle political action committees are not big contributors tofederal candidates and lobbying in comparison to other groups. Their success isattributed to work at the grass-roots level, where they have framed the helmetissue as a question of free choice rather than safety.
The battle continues with heated debate in many states, and it has becomeapparent Congress no longer wants to be involved even though it was instrumentalin starting the controversy.
The federal role in helmet use started in 1967 when the government beganrequiring states to enact helmet laws to qualify for some safety and highwaybuilding funds. By 1975, all but three states mandated motorcycle helmets.
A backlash began almost immediately and the federal helmet law was repealed,followed by numerous states repealing or amending their helmet laws. A secondfederal helmet law was enacted by Congress in 1991, only to be repealed fourshort years later.
Arguments that wearing helmets should be a matter of individual choice prevailedin those decisions and also in a number of state fights over mandatory helmetlaws where requirements were dropped, or modified. Today, 30 states allow adultfreedom of choice regarding helmet wearing.
The United States Senate on May 11 defeated an amendment that would have givenstates incentives to mandate helmet use.
FLORIDA BIKERS ENJOY POLITICAL SUCCESS ABATE of Florida, Inc. reports that fourof the bills that they supported have been passed and signed by Governor JebBush. Included in those bills are a Right-of-Way violations measure thatenhances penalties against those who are convicted of a right-of-way violationthat results in the severe injury or death of another person.
Another ABATE-backed bill will result in stiffer penalties for those convictedof running a red light that causes an accident resulting in the injury or deathof another road user.
In addition, a law was passed to modify the state’s current handlebar heightlimit to allow them to be shoulder height when the rider is seated on the bike.Previously, handlebars could be no more than 15 inches from the seat, causingmany stock motorcycles to be illegal.
But the coup de gras for Florida riders was a state budgetary item that earmarks$500,000 for motorcycle safety to be administered by ABATE of Florida, Inc.
“This money will allow us to protect our people,” said James “Doc” Reichenbach,State President of ABATE of Florida, Inc., and Chairman of the Board of theNational Coalition of Motorcyclists (NCOM). ABATE has already begun putting upmotorcycle safety billboards.
This is the first time that a state motorcyclists’ rights organization hassucceeded in getting safety funding approved through the state budget.
“We want other states to know what we did, so that they can do it in theirstates,” said Doc.
MASSACHUSETTS BILL WOULD ALLOW MOTORCYCLISTS TO RIDE ON SHOULDER House No.2017, a bill which would allow motorcyclist the use of the breakdown and accesslanes on highways during backed up traffic, has been introduced in Massachusettsto allow traffic relief for motorcyclists and to avoid overheating in heavy traffic.
The “Motorcyclists Seasonal Traffic Congestion Relief Act”, sponsored by theMassachusetts Motorcycle Association (MMA), would allow motorcyclists onMassachusetts roads with two or more travel lanes in the same direction, whentraffic is traveling at 10 mph or less, to use the breakdown and access lanes,at speeds NO GREATER THAN 20 mph, yielding to emergency and disabled vehicles,to help relieve traffic congestion and prevent motorcycles from over-heating andbecoming disabled themselves.
In other action, House Bill 1983, submitted at the request of the MMA, wouldprohibit any municipality or the state from banning motorcycles on any public road.
MOTORCYCLES REV UP TO TOP 1 MILLION IN SALES According to a USA Today report,new motorcycle sales last year jumped to their highest level since 1979. Pushed by an increase in female riders and the broadening appeal of motorscooters and other small, less-expensive two-wheelers, sales rose 4.7 percent totop 1 million for the second-consecutive year, according to the MotorcycleIndustry Council.
Top brands in 2003, according to the MIC’s latest available market-share data:
*Honda, with 27.4 percent of sales;
*Harley-Davidson, 23.7 percent;
*Yamaha, 17.4 percent;
*Suzuki, 10.8 percent;
*Kawasaki, 8.7 percent.
The average age of motorcyclists rose to 41 in 2003, the latest available data,from 32 in 1990. Most were married. A third are college graduates, nearly doublethe 1990 number. Baby boomers still “drive the motorcycle market,” whilescooters such as Vespa and Aprilia are popular on campuses and in some urbanareas — accounting for 5 percent of motorcycle sales last year, climbing from3.8 percent in 2003.
WEIRD NEWS: GAS INSURANCE Or maybe it’s a great idea! Car drivers in Germanycan now insure themselves against rising gas prices. For ? 13.80 ($25.50) peryear, an insurance company now offers a policy against gas prices rising by morethan 15 percent. If the price for the chosen type of gas does go up more thanthat, the company will cover the difference in cost. It will pay the pricedifference for up to 2000 litres (520 gal.), writes Bild newspaper. Or maybethey should just buy motorcycles?
QUOTABLE QUOTE: “In the truest sense, freedom cannot be bestowed; it must beachieved.”
Franklin D. Roosevelt, (1882-1945) the thirty-second President of the United States
