NCOM Coast To Coast Biker News for April 2014

Compiled & Edited by Bill Bish,

National Coalition of Motorcyclists (NCOM)

The United Nations has approved a resolution on road safety that, in part, calls for member nations to enact mandatory helmet laws.  Cosponsored by United States’ ambassador Suzanne Powers, the non-binding resolution also calls for laws against distracted driving (such as banning inappropriate cell phone use and texting while driving) and supporting global harmonization of vehicle regulations (which could include anti-tampering measures to prevent customizing and equipment modifications).

The U.N. General Assembly voted to approve the “Improving Global Road Safety” resolution on April 10, 2014 to encourage Member States “that have not yet done so to consider enacting comprehensive legislation on key risk factors for road traffic injuries, including…the non-use of helmets…”

While countries that belong to the United Nations are not required to comply with such a “non-binding resolution,” many “member states” heed UN recommendations and can set the stage for further restrictions on motorcycles and motorcycling around the world.

The Federal Trade Commission (FTC) is soliciting comments on a proposed rule to require additional labeling at the gas pump for blends of gasoline containing more than 10% ethanol, despite the knowledge that such higher levels of ethanol-laden fuel causes engine and fuel system damage in motorcycles and ATVs and can void manufacturer warranties that extend only to the use of E-10.

“In response to the emergence of ethanol blends as a retail fuel and the likely increased availability of such blend,” the FTC proposes an additional label to avoid inadvertent misfueling, but under the rule the label would be rounded to the nearest factor of 10; so fuel containing up to 14% ethanol would be inaccurately labeled “E-10”.

Acknowledging that, “In motorcycles and nonroad products, EPA raised engine-failure concerns from overheating,” the FTC solution is another label on the pump, and is seeking public comments now on their rule proposal.  Deadline to submit comments is June 2, 2014.

Washington motorcyclists will soon be allowed to run red lights under certain conditions, under Senate Bill 5141 recently signed by Governor Jay Inslee, which will allow riders to proceed through traffic stops controlled by ineffective detection devices.

Traffic vehicle detection devices are scattered throughout the state in both rural and urban areas, giving streets green lights when they need them and reds when they do not. The devices, which come in the form of cameras or underground sensors, register vehicles stopped at intersections and cue traffic lights accordingly.  But to motorcyclists, the technology represents the opposite of traffic efficiency, as the devices often fail to register their bikes, creating inconvenient and sometimes dangerous moments at busy intersections.

The motorcycle community’s longstanding wish for a solution was granted on March 31 when Gov. Inslee signed Senate Bill 5141, giving motorcyclists the option of running red lights that rely on ineffective vehicle detection devices.  When motorcyclists encounter devices that fail to notice their presence, they will be allowed to proceed through the light with “due caution” after one complete cycle.

Weight-bearing traffic signal mechanisms were developed in the 1920s, but have mostly been phased out over the years in favor of induction loop signals which are buried in the road and triggered by ferrous metal.  Many of the newer detection devices are cameras that control traffic lights based on sight or timing.

“There was no safe and legal way to get through until this legislation passed,” Larry Walker, Government Relations Specialist for the Washington Road Riders Association, told the Oregonian newspaper.

Fourteen other states have passed similar legislation. Senate Bill 5141 takes effect June 12.

Thousands of bikers from throughout southern California recently rallied in a “show of support” to combat a lawsuit brought by federal authorities seeking to take control of the Mongols M/C patch logo.  The U.S. Department of Justice last year filed a lawsuit seeking to seize control of the trademarked logo of the Mongol Nation Motorcycle Club LLC, arguing that the Mongols are a criminal organization and that the mark is used for intimidation.

But the Mongols and their attorneys argue that the government is overstepping its bounds with the lawsuit, which they said would infringe on the rights of club members.  “They’re trying to destroy the right of men to associate and indicate their association,” said an attorney representing the club.

The trial, previously scheduled to begin last month, has been postponed to late September.

Federal prosecutors, following an October 2008 operation dubbed “Black Rain” in which dozens of Mongol members ultimately agreed to plead guilty to a host of charges, have labeled the Mongols an “outlaw motorcycle club” and argue that the government therefore has the authority to take control of the Mongols’ logo to prevent violence.

The lawsuit breaks new ground in terms of trademark law, and may end up at the Supreme Court.  Unlike a business trademark controlled by a single entity, the Mongols’ logo is a “collective membership mark” that is legally owned by one entity, but held in trust for the members; “It’s the votes of club members that ultimately determined who is allowed to wear the club’s patch.”

The Mongols have also filed a motion to have federal Judge Otis Wright II removed from the case, alleging bias. Wright, who ruled in favor of the Mongols in a 2008 lawsuit brought by a member whose patch was taken by law enforcement, has made statements indicating he is prejudiced against the motorcycle club, and it was Wright who first suggested to prosecutors back in 2008 that they could go after the Mongols’ trademark.

If the Justice Department’s lawsuit should succeed, it would eventually affect more than just the Mongols, the club’s attorney told the Daily News; “They’ll go after all of the motorcycle clubs.”

The Yemeni Interior Ministry imposed a temporary ban on motorcycles in Sanna as consecutive drive-by shootings underscored the capital’s worsening security situation, Xinhua news agency reported.

Hit-and-run attacks have become common in Yemen where a popular uprising in 2011 weakened government control, so the supreme security committee ordered the ban to prevent assassination attempts.

Within a matter of days, two people were shot down outside their hotel by gunmen on a motorcycle, the director of training at a police college was shot by motorcycle gunmen, and a member of parliament was killed by motorcycle-riding assassins near the Ministry of Defense.

In Sri Lanka, an island country off the coast of India where motorcycles are a prominent form of transportation, Police Headquarters is evaluating the use of headlights by motorcyclists during daytime to prevent accidents, and may consider its legalization under the Motor Traffic Act, sources said.

A lights-on program was initiated during the last week of January but police said it was still too early to assess its success.  A senior police officer of the city traffic division said if it was found to be successful it would be legalized and introduced countrywide, adding that it was found that motorcycle accidents had reduced in many African countries on the implementation of similar laws.

A California court has dismissed a motorcyclist’s erection lawsuit, in which the rider alleged that a four-hour ride on his 1993 BMW K1100RS motorcycle led to a prolonged and painful erection that lasted 20 months, because the evidence didn’t stand up in court.

The motorcyclist filed a product liability lawsuit against BMW and the seat maker, claiming a motorcycle design defect in the motorcycle’s “ridge-like” saddle design gave rise to his nearly two-year long bout of priapism.  He claimed the painful condition left him “unable to engage in sexual activity, which is causing him substantial emotional and mental anguish,” and he sought damages for lost wages, medical expenses, emotional distress, and general damages, motorcycle blog Visor Down reports.

A urologist testified that the plaintiff indeed suffered from priapism, but the court rejected the testimony of a neurologist who claimed the motorcycle’s vibration caused the disorder. That rejection of testimony led to the case’s dismissal for lack of hard evidence.

Strangely enough, one man who filed a medical malpractice suit for a faulty penis implant complained that his eight-month erection prevented him from doing one of his normal activities: riding his motorcycle.

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Fred Phelps, the infamous founder of the Westboro Baptist Church — the Kansas congregation known for picketing funerals with anti-gay signs — died of natural causes on March 19 at the age of 84, and his death and reported excommunication from the church dovetails with a recent decision by U.S. District Judge Fernando Gaitan, Jr., bringing closure to a nearly eight-year long legal fight over the group’s funeral protests.

The Westboro church gained notoriety for protesting funerals — especially for troops killed in combat — to express their belief that God is punishing the U.S. for homosexuality, but Missouri lawmakers responded to a 2005 Westboro protest of a soldier’s funeral by passing a general prohibition against protests and pickets near funerals from one hour before they start until an hour after they end, later adding a specific 300-foot buffer zone.

Following a protracted 8-year legal battle involving the Eighth Circuit striking down the general prohibition as an unconstitutional infringement on free speech, which was later reversed and sent back to Gaitan for further proceedings, whereupon Judge Gaitan subsequently upheld the Missouri law.

In Phelps’ later years, the protests themselves were largely ignored or led to counter-demonstrations that easily shouted down Westboro’s incendiary message.  A motorcycle group known as the Patriot Guard Riders arose to shield bereaved mourners at military funerals from Westboro’s notorious signs.

In an ironic twist, the debate soon shifted to whether people should protest Phelps’ funeral, but according to Phelps’ daughter Margie Phelps — an attorney who argued the church’s case before the U.S. Supreme Court — ”There will be no funeral.”

The largest gathering of motorcycle rights activists in the world will take place in Dallas for this year’s annual NCOM Convention, which will draw thousands of concerned bikers from across the country to discuss legal and legislative topics of concern to all riders.

The 29th annual NCOM Convention will be held Mother’s Day weekend, May 8-11, 2014 at the Intercontinental Hotel – Dallas in Addison, Texas.  Hosted by the Texas Confederations of Clubs, all motorcyclists are welcome and are encouraged to participate in the many meetings, seminars and group discussions that will focus on legislative efforts and litigation techniques to protect riders’ rights and preserve Freedom of the Road.

Nearly three decades ago, on January 27, 1986, leaders of various motorcycle groups from across America met in Las Vegas to discuss a “coming together” and the need for a national united front to protect the biker life-style and riders’ rights, and the National Coalition of Motorcyclists (NCOM) was born from that gathering.

Founded by personal injury attorney Richard M. Lester and wholly supported by the Aid to Injured Motorcyclists (A.I.M.) nationwide network of motorcycle-riding lawyers, NCOM has grown to over 2,000 member organizations representing hundreds of thousands of concerned motorcycle riders nationwide. The goal and purpose of NCOM is to assist all motorcycle organizations and individual riders with legal, legislative and other motorcycling issues.

For more information, or to pre-register for the 2014 NCOM Convention, contact the National Coalition of Motorcyclists at (800) 525-5355 or visit www.ON-A-BIKE.com.