Author and publisher of Ride-On magazine Bill Bish.
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 www.ON-A-BIKE.com.
COAST TO COAST BIKER NEWS
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists (NCOM)
CONGRESSIONAL COMMITTEE APPROVES BILL TO PROTECT HEALTH INSURANCE FOR RIDERSOn March 4, by voice vote, the House Energy and Commerce Committee passed bipartisan legislation to strengthen health insurance coverage for injuries incurred while participating in legal recreational and transportation activities, such as motorcycling, riding ATVs, snowmobiling and horseback riding.
“This bill requires health insurance companies to be up front and honest with their policy holders when limitations or restrictions are placed on benefits,” said Rep. Bart Stupak (D-MI) who introduced the measure with Rep. Michael Burgess (R-TX).. “Many Americans are unaware that their health insurance may not cover injuries resulting from certain recreational activities because their policy is unclear or overly broad.”
H.R. 1253, the ?Health Insurance Restrictions and Limitations Clarification Act of 2009?, would establish new disclosure rules requiring health insurance plans to provide a description of limitations and exclusions in their policies. Specifically, the bill requires that coverage exclusions must be ?explicit and clear? and that they must be disclosed to plan sponsors in advance of the point of sale. The bill further requires that plan sponsors and insurers must disclose such coverage exclusions to enrollees ?in a form that is easily understandable? both before enrollment and upon their enrollment at the earliest opportunity that other materials are provided.
In January 2001, a rule was issued that created an inadvertent loophole in the Health Insurance Portability and Accountability Act (HIPAA). Because of the way the rule was written, it has allowed insurers to deny health benefits for a covered injury resulting from participation in recreational activities such as skiing, horseback riding, ATV riding, snowmobiling and motorcycling.
In many situations the exclusions are unclear or overly broad, creating confusion for individuals who may ride motorcycles, horses, snowmobiles, ATVs or participate in other legal activities that could result in an injury.
“Passing this straight forward legislation would protect those across the country who ride motorcycles, horses, snowmobiles, ATVs or participate in other recreational activities from being caught by surprise,” Stupak said.
Stupak is a senior member of the House Energy and Commerce Committee, which has jurisdiction over health policy. H.R. 1253 awaits consideration by the full House of Representatives, which previously approved the legislation in September 2008, but the bill was not considered by the Senate in the 110th Congress.
KIDDIE BIKE BAN COULD COST BILLIONSThe new lead-content rules that have banned the sales of many youth motorcycles and all-terrain vehicles could cost the industry over $1 billion in lost economic value this year, predicts the Motorcycle Industry Council. Last year, more than 100,000 of the youth-oriented vehicles were sold. Today, more than 13,000 dealers nationwide are stuck holding onto millions of dollars in inventory as the off-road industry now finds itself crippled and rather confused in the destructive wake of the CPSIA in an already harsh economy.
Motorcycle dealers across the country are fuming, saying the ban couldn?t have come at a worse time, making sluggish sales in a tough economy even tougher. Powersports manufacturers are advising their dealers to pull the banned models off the sales floor or risk heavy fines under the Consumer Product Safety Improvement Act of 2008, which went into force February 10th.
Intentionally or otherwise, the CPSIA has effectively banned the production, importing and sale of kids’ motorcycles and ATVs because certain parts of the vehicles unavoidably contain more lead than is deemed allowable on children’s products – for instance, on the battery terminals, brake components and valve stems – and the CPSC has interpreted this to mean that OHVs (off-highway vehicles) present a lead-poisoning threat to children 12 and under. Not only can they not sell the new vehicles, but they’re not even allowed to sell parts for them!
Dealers from every corner of the country and other concerned individuals have flooded the CPSC and Congress with calls, e-mails and more than 100,000 letters complaining about the new law and urging support for exclusions from the act for powersports vehicles, parts and accessories.
They claim in part that the lead present in their products pose no health risk to children because the only interaction would be by hand, not mouth, and that a toxicologist study reveals that exposure is substantially less than the intake of lead from food and water.
UTAH MAY REWARD HELMET WEARERSIn a unique and interesting twist to mandatory helmet laws, the state of Utah is considering a bill that would reward riders who break the law while wearing a helmet.
The House Transportation Committee unanimously approved a proposal from Rep. Ronda Rudd Menlove (R-Garland) that would knock $10 off of the fine for motorcyclists cited for traffic violations if they are wearing a helmet at the time.
“Instead of just punishment, why not give an incentive for people to use a helmet?,” Menlove told the Standard-Examiner newspaper.
The committee also unanimously tabled a bill that would mandate helmet use for all riders in Utah’s largest cities.&nb sp; Additionally, the measure would have increased the age limit at which motorcycle riders in Utah are required to wear helmets from 18 to 21; require anyone riding with a passenger under 21 to wear a helmet; and require riders of any age operating on a learning permit to wear a helmet.
A contingent of bikers came to the committee meeting to voice their opposition to the bill. Eric Stine, education coordinator for ABATE Utah, said the focus of motorcycle safety should be on educating the public about watching for motorcyclists while driving. “We believe in accident prevention, not safer crashes. Many sports and activities are more dangerous than motorcycle riding. We will never be able to legislate the risk out of living.?
SHOW-ME FREEDOMMissouri is the latest state looking to give adult motorcycle riders the choice of wearing a helmet while riding. The Missouri Senate has endorsed legislation that, if signed into law, would repeal their decades-old helmet law and allow motorcyclists 21 and older the option to ride without a helmet.
Many feel the bill stands a good chance of passing because Senators this year tacked the helmet provisions onto a larger bill regarding motorcycle insurance. The bill, sponsored by State Senator Luann Ridgeway of District 17, was approved with little debate and is expected to pass easily in the House, whic h generally has been more receptive to efforts to repeal helmet requirements for adults. According to Freedom of Road Riders (FORR-MO), a non-profit motorcyclists? advocacy group, the change in legislation would be a welcome one.
In the meantime, several other states are reviewing motorcycle helmet laws, including Arkansas where a proposal to require motorcyclists to wear a helmet or carry thousands of dollars in health insurance failed to make it out of committee.
Senate Bill 29 by Sen. Kim Hendren (R-Gravette) would have compelled motorcyclists to provide proof of at least $10,000 in health insu rance coverage if they opted to not wear a helmet, but the proposal failed to get a motion recommending its passage and died in the Senate Transportation, Technology and Legislative Affairs Committee. Legislators were overwhelmed by calls to committee members from motorcycle enthusiasts, lead by ABATE of Arkansas, who argued that the measure would unfairly target them, negatively impact tourism, and would drive business away from the state?s motorcycle dealers.
In Nevada, Assemblyman Don Gustavson (R-Sparks) has introduced AB300 to repeal state law which has mandated helmet usage since 1971. In seeking to modify current law to allow choice for motorcyclists 21 years or older with at least one year experience, Gustavson is citing studies which prove that mandated helmet laws injure the economy while doing little to increase safety. Using California as an example, Gustavson said the death rate was 2% higher after passage of mandated helmet usage, while revenues continually declined due to loss of registration fees and sales taxes from weakened motorcycle sales. ?Our neighbor suffered a 26% drop in new motorcycle sales in 1992-93 after passage of their mandatory helmet law resulting in job loss and costing the state nearly $17 million in lost tax & fee revenue.?
Gustavson said that tourism will increase in Nevada after the law is modified. Using Pennsylvania as an example, Gustavson pointed out that ?Thunder in the Valley? saw attendance jump from 70,000 to over 100,000 the very first year after their law was modified.
Gustavson also emphasized that repeal of current law will add jobs and multiply revenues to Nevada through additional sales and payroll taxes without increasing any new fees or taxes. After Florida reformed their helmet law, motorcycle sales jumped 143% in Florida in five years generating $166 million in sales tax revenue.
Last November, Assemblyman Gustavson was selected by the NCOM Board of Directors to receive the Silver Spoke Award for Government at the upcoming NCOM Convention, May 7-10, 2009 at the Nugget Casino & Resort in Reno, Nevada. For more information, call the National Coalition of Motorcyclists at (800) 525-5355 or visit www.ON-A-BIKE.com.
RIDE SMART – MOTORCYCLES IMPROVE BRAIN FUNCTIONRiding motorcycles helps keep drivers young by invigorating their brains, the scientist behind popular “Brain Training” computer software said recently, citing a new scientific study. “The driver’s brain gets activated by riding motorbikes” in part because it requires heightened alertness, Japanese neuroscientist Ryuta Kawashima said after his research team and Yamaha Motor conducted a string of experiments involving middle-aged men.
“In a convenient and easy environment, the human mind and body get used to setting the hurdle low,” he warned. “Our final conclusion is that riding motorcycles can lead to smart ageing.”
Kawashima is the designer of “Brain Training” software, which incorporates quizzes and other games and is available on the Nintendo DS game console under the name “Brain Age”.
A self-professed motorcycle fan, 49-year-old Kawashima cited a new study conducted jointly by Yamaha and Tohoku University, for which he works.
One experiment involved 22 men in their 40s and 50s who held motorcycle licenses but had not operated a cycle for at least a decade. They were randomly split into two groups, with one asked to resume riding motorcycles in everyday life for two months, and another that kept using bicycles or cars. Kawashima says research showed the motorcycle-riding team demonstrated improvements in memory, space recognition and other functions of the prefrontal area. The area covers memory, information processing and concentration functions.
“The group that rode motorbikes posted higher marks in cognitive function tests,” Kawashima said.
In a test requiring the men to remember a set of numbers in reverse order, the riders’ scores jumped by more than 50 percent in two months, while the non-riders’ marks deteriorated slightly, he said.
The riders also said they made fewer mistakes at work and felt happier.
“Mental care is a very big issue in modern society,” said Kawashima. “I think we made an interesting stir here as data showed you can improve your mental condition simply by using motorbikes to commute.”
In 2003, Kawashima authored ?Train Your Brain: 60 Days to a Better Brain?. More recently, he teamed with Toyota to help develop intelligent cars designed to help seniors drive safely.
SMOG CHECKS MAY INCLUDE MOTORCYCLESSB 435, introduced by California State Senator Fran Pavely (D-Beverly Hills), would include motorcycles in the state?s Smog Check Program. In a review of the Smog Check Program, the California Inspection and Maintenance Review Committee?s recommendations included “implement a non-loaded mode biennial Smog Check inspection on motorcycles.”
In a brief explanation of their strategy, the report states:?Inspection of Motorcycles: Include motorcycle inspections as part of Smog Check. Studies indicate that motorcycles are subject to high rates of exhaust system tampering which subsequently increases the vehicle emissions.?
Existing law exempts motorcycles from inspection ?until the department implements test procedures applicable to motorcycles,? which the legislation seeks to accomplish. If passed the new emissions law would require motorcycle owners in California to get Smog checks for their motorcycles once every two years. The law would take effect January 1, 2012 and cover all on-highway motorcycles model year 2000 or newer.
Opponents say the bill is simply a thinly veiled attempt to levy yet another fee to offset the states record budget deficit and point to a recent raid of the OHV trust fund of $90 million dollars for non-OHV related expenditures. The bikes potentially affected are in fact the cleanest in the nation, having already been required to meet the stricter California CARB emissions standards years prior to similar requirements being adopted nationally by the federal EPA.
For a long time the Golden State has been granted special waivers from the Environmental Protection Agency to enact stiffer emissions regulations for autos and motorcycles. During the Bush administration, a dozen other states requested EPA waivers to increase their own regulations to match California?s, but were denied. It is expected that the new Obama administration will reverse this decision, which may lead to variable emissions rules from state to state for automobiles, and potentially for motorcycles.
QUOTABLE QUOTE: ?Twenty years from now you will be more disappointed by the things you didn’t do than by the ones you did. So throw off the bowlines, Sail away from the safe harbor. Catch the trade winds in your sails. Explore. Dream.?
Mark Twain (aka Samuel Clemens,1835-1910), American writer & humorist
