NCOM Biker Newsbytes for March 2023

 
 
BILL INTRODUCED IN CONGRESS TO PREVENT ICE BANS

U.S. Representative John Joyce (R-PA) along with more than sixty Republican cosponsors has introduced House Resolution 1435 “To amend the Clean Air Act to prevent the elimination of the sale of internal combustion engines.”

Titled the “Preserving Choice in Vehicle Purchases Act,” H.R. 1435 was introduced March 8 and is designed to protect Americans’ right to choose the technology that powers their motor vehicles, and the measure was introduced in response to the California Air Resources Board’s (CARB) plans to ban the sale of new internal combustion engine (ICE) vehicles by 2035. The Preserving Choice in Vehicle Purchases Act would restrict the U.S. Environmental Protection Agency (EPA) from issuing any waiver for new regulations that would ban the sale or use of new motor vehicles with internal combustion engines (ICEs).

The bill follows action in August 2022 by CARB which approved new requirements on automakers that would effectively ban the sale of new ICE cars and light trucks by 2035 in favor of so-called zero-emission vehicles, like plug-in hybrid, full battery-electric, and hydrogen fuel cell vehicles.

Lawmakers supporting H.R. 1435 say it is important that the EPA does not permit CARB’s ZEV (zero emissions vehicle) mandate to take effect, as it could lead to 17 other states that have followed all or part of California’s previous clean-car rules adopting similar proposals.

H.R. 1435 has been referred for consideration to the U.S. House Energy and Commerce Committee.
 
 

EU LAWMAKERS APPROVE 2035 BAN ON NEW FOSSIL FUEL VEHICLES
The European Parliament has formally approved a law to effectively ban the sale of new petrol and diesel cars in the European Union from 2035, aiming to speed up the switch to electric vehicles and combat climate change.

The landmark rules will require that by 2035 carmakers must achieve a 100% cut in CO2 emissions from new cars sold, which would make it impossible to sell new fossil fuel-powered vehicles in the 27-country bloc.

EU countries agreed to the deal with lawmakers last October, but still need to formally rubber stamp the rules before they can take effect. Final approval is expected soon.

The car CO2 law is part a broader package of tougher EU climate policies, designed to deliver the bloc’s targets to slash greenhouse gas emissions this decade.

 

 

STATES CONSIDER ANTI-PROFILING, LANE SPLITTING AND HELMET LAWS
Legislatures are a hotbed of pro-motorcycle activity from coast to coast, with many states considering laws to prohibit anti-biker profiling by law enforcement, allow motorcyclists to filter between traffic lanes, and doff the lids.

Tennessee, for example, has two such legislative efforts: SB 1450 would create a four-year pilot program excluding adults 21 and older from wearing a helmet unless they are insured under the state’s Medicaid program (companion bill HB 0042 failed in House subcommittee); and companion bills HB 1454 and SB 0298 which “authorizes two-wheeled motorcycles to be operated between rows of stopped or moving vehicles in the same lane on certain limited access highways and interstate highways when the speed of traffic is 25 miles per hour or less.”

For most riders in the U.S., lane splitting is considered illegal, but more and more are considering legislation that re-examines the scope and possibilities of such maneuvers, such as Colorado’s HB 23-1059 that seeks to fund a feasibility study to determine what a safe lane splitting law for Coloradans might look like.

The bill is titled “A Bill for an Act Concerning Studying Permitting Motorcycles to Drive Around Motor Vehicles Traveling in the Same Direction” and, if passed, the study would be conducted jointly by the Colorado Department of Transportation and the Colorado State Patrol.

A new lane filtering bill is under consideration in Oregon again in 2023, and the text of SB 422 is substantively identical to a broadly bipartisan bill that was passed in 2021 to allow riders to operate between lanes of slow-moving traffic on a highway, but that bill was vetoed by then-governor Kate Brown. The biggest difference between then and now, is newly-elected Governor Tina Kotek, although she has not stated her position.

Lane splitting would still not be allowed in Missouri, but low-speed lane filtering in certain situations would be fine if HB 1046 passes. According to the legislative language, lane filtering “between rows of slow-moving vehicles” would be allowed within the state, but lane splitting between fast-moving traffic would not.

The introduction of this bill comes about two and a half years following the repeal of Missouri’s state helmet law. Nebraska has hopes of becoming the 32nd state with partial or no helmet laws, with the introduction of Legislative Bill 91 on January 5, 2023, which would exempt riders 21 or older who have passed an approved rider training course.

Meanwhile, bills to restrict the profiling of motorcycle riders by police are under consideration in Oklahoma (HB 2426), Kansas (SB 108), Missouri (SCR 3) and Texas (SB 616).

 

BANISHING KIDS FROM MOTORCYCLES
While some states require that a passenger’s feet touch the footpegs in order to legally ride on the back of a motorcycle, indicating adequate physical stature, New York and Georgia are attempting to take it a step further by restricting passengers by a minimum age.

A2690 in New York would “Prohibit children under the age of twelve from riding on a motorcycle,” while SB71 in Georgia states; “Manner of Riding Motorcycle; motorcycle passengers shall be no younger than 16 years of age,” and both bills have been referred to their respective committees where staunch opposition can be expected from rider groups.

 

 

ITALY TO LIMIT VEHICLE ACCESS PRIOR TO OLYMPICS
In 2026, Italy will host the 25th Winter Olympics, and with activities planned throughout the surrounding areas, the Italian government has kicked its Olympic preparations into overdrive with initiatives like the “Dolomites Low Emission Zone”, which stands to limit access to the mountainous region starting in 2024.

Under the proposal, aimed at “Lowering noise and carbon emissions prior to the 2026 Winter Olympics,” authorities would limit access to the Dolomite Mountains by instituting a reservation system to reach the passes by vehicle.

A government official told a German media outlet, “We want less noise, we want fewer emissions and that requires a new legal construct.”

While the local governments already got the ball rolling, the plan requires approval from federal ministries in Rome before moving forward. If approved, Italy could institute a vehicular quota for the Dolomites region with aims to “exclude particularly noisy vehicles and to set and comply with a maximum volume of traffic.”

Though officials cite the Milano Cortina Olympic Games as the initiative’s driving force, they also hope that the Dolomites Low Emission Zone has a lasting impact.

 

 

FRANCE PROHIBITS EV “GREENWASHING”
While EVs may represent the future of mobility, most electric automobiles, motorcycles, and e-scooters can’t fully stand by their zero-emissions claims, and for now, in France at least, manufacturers can no longer claim carbon neutrality if their production and recharging processes emit greenhouse gases.

Nearly all electric-powered vehicles produce no greenhouse gases directly, however, many mining and manufacturing processes emit CO2. The same goes for EV charging, which doesn’t draw from electric sources exclusively. Many EV naysayers cling to this conundrum as an argument against the imminent transition, but many OEMs can no longer make these claims in France. Instituted on January 1, 2023, the new law prohibits manufacturers from claiming a vehicle is carbon neutral if the same can’t be said of its production or recharging stages.

Up to this point, the country has championed EV-promoting bills, but the latest bill takes aim at the advertisement practices adopted by many electric mobility brands. Under Article L229-68, a company cannot claim that a product is carbon neutral unless it provides substantiation, and should an OEM maintain greenwashing verbiage in its advertising without the aforementioned proof, authorities have the right to fine the legal entity €100,000 ($105,500 USD) to ensure their customers are not duped.

 

 

TAYTAY INSTITUTES “NO HELMET POLICY”
The former Kingdom of Taytay in the Philippines has enacted an executive order forbidding riders from wearing helmets.

Back in 2009, Republic Act 10054, or the Motorcycle Helmet Act was signed into law in the Philippines, mandating all motorcycle riders, as well as their pillion (passengers), to wear a safety helmet designed specifically for motorcycle riding. But this year, Mayor Allan De Leon signed Executive Order (EO) No. 62, Series of 2023, which now “prohibits motorcycle riders, as well as their pillion, from wearing their safety helmets, masks, and similar objects while riding on municipal and barangay roads within the territorial jurisdiction of Taytay.”

The new law was enacted in response to the rising incidents involving “unknown motorcycle driving assailants” who “carry out crimes and escape arrest from police authorities,” and authorizes deputized enforcers to require riders and their pillions to remove their helmets, balaclava, or similar face covering while riding on city streets.

Motorcycle Rights Organization (MRO), slammed Taytay’s new rule, calling it “another knee-jerk legislation” that compromises the safety of motorcycle riders and their pillions. “Our lawmakers need to learn how to do research and study fair legislation before they even try to make the rules,” said Jobert Bolanos of MRO.

 

WORLD’S LARGEST CUSTOM MOTORCYCLE SHOW A HUGE HIT
“The Success of Motor Bike Expo 2023 Will Be Remembered,” say organizers of the ‘world’s largest custom motorcycle show’ reporting an attendance of 160,000 people and showcasing 720 companies from 35 different countries spread out over 100,000 square meters of indoor/outdoor exhibition space!

This homage to our industry also used 7 pavilions, 5 outdoor areas, and hosted breathtaking shows with “hundreds of demo rides, more than 100 scheduled events and more than 3,000 motorbikes on display.”

Motor Bike Expo is “a trade fair that focuses on motorcyclists and the use of motorcycle components, accessories, clothing [and more],” held annually in Verona, Italy.

 

 

NCOM CONVENTION RISES IN PHOENIX
The 38th annual NCOM Convention is coming soon, so plan now on being part of one of the largest gatherings of bikers’ rights activists in the world. To be held over Father’s Day weekend, June 16-18, 2023 at the Hilton Phoenix-Tempe, located at 2100 S. Priest Dr., in Tempe, Arizona, the National Coalition of Motorcyclists (NCOM) welcomes all motorcyclists to the “Valley of the Sun” for a convention of ideas on how to address issues of common concern.

Concerned riders are encouraged to attend and participate in the many meetings, seminars and group discussions that will focus on legislative efforts and litigation techniques to protect our riders’ rights and preserve Freedom of the Road. Agenda items will cover legal and legislative issues, with Special Meetings for Veterans Affairs, Women in Motorcycling, Clean & Sober Roundtable and World of Sport Bikes, as well as the Christian Unity Conference and Confederation of Clubs Patch Holders Meeting.

Be sure to reserve your hotel room now by calling (480) 967-1441, and mention NCOM for our Special Room Rate. Registration fees for the NCOM Convention are $110 including the Silver Spoke Awards Banquet on Saturday night, or $50 for the Convention only, and you can preregister online at www.ON-A-BIKE.com or by calling the National Coalition of Motorcyclists (NCOM) at (800) 525-5355.
 
 

QUOTABLE QUOTE:

“We only have to look at ourselves to see how intelligent life might develop into something we wouldn’t want to meet.”
 
~ Stephen Hawking (1942-2018), Theoretical Physicist & Cosmologist 
 
 
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.

ABOUT AIM / NCOM: The National Coalition of Motorcyclists (NCOM) is a nationwide motorcyclists rights organization serving over 2,000 NCOM Member Groups throughout the United States, with all services fully-funded through Aid to Injured Motorcyclist (AIM) Attorneys available in each state who donate a portion of their legal fees from motorcycle accidents back into the NCOM Network of Biker Services (www.ON-A-BIKE.com / 800-ON-A-BIKE).

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