NCOM Coast To Coast Biker News for May 2014

Compiled & Edited by Bill Bish,

National Coalition of Motorcyclists (NCOM)

The U.S. Department of Transportation (DOT) has sent to Congress a $302 billion four-year surface transportation reauthorization proposal, the “Generating Renewal, Opportunity, and Work with Accelerated Mobility, Efficiency, and Rebuilding of Infrastructure and Communities throughout America Act” – or GROW AMERICA Act; President Obama’s blueprint for a model transportation bill, which happens to include a push for mandatory motorcycle helmet laws nationwide!

Specifically, buried in the Obama Administration’s 350-page proposal, found under “Title IV — Highway And Motor Vehicle Safety,” in SEC. 4004: Amendment to Motorcyclist Safety Grant Criteria, the GROW AMERICA Act would amend Section 405(f) of title 23, United States Code by inserting the following: “SUPPORT ACTIVITY — The (Transportation) Secretary or the Secretary’s designee may engage in activities with States and State legislators to consider proposals related to motorcycle helmet use laws.”

The time to act is NOW!  This new highway bill is under immediate consideration as the current two-year “Moving Ahead for Progress in the 21st Century Act” (MAP-21) expires in September, but the Highway Trust Fund — the main funding source for most state and local transportation projects — is headed toward insolvency and is expected to run out of money as early as July.  So contact your Congressional representatives today, and protect your rights for tomorrow!

Data collected from so-called “Black Box” devices can be used against you in a court of law, and most people don’t even realize it.

That’s why U.S. Senator Amy Klobuchar (D-MN) is proposing to amend the language of the Driver Privacy Act to protect all information recorded by event data recorders installed on all “motor vehicles”, including motorcycles.  The way S. 1925 is currently written grants privacy only for data the government “requires” to be collected.

Currently the government does not require “black boxes” on motorcycles, only passenger vehicles, trucks and buses. But some current motorcycle models are equipped with the recording devices. A similar bill in the House (H.R. 2414) is worded that “any data recorded on any event data recorder in an automobile or motorcycle shall be considered the property of the owner of the automobile or motorcycle.”

Under current law, insurance companies, law enforcement and auto rental agencies can access the data on the device and can use it as evidence against the driver/owner in legal proceedings. Data recorders collect a wide range of information on crashes, including whether the brakes were applied, the speed at the time of impact, the steering angle, and whether seat belt circuits were shown as “Buckled” or “Unbuckled” at the time of the crash.

Fourteen states have statutes that restrict access to the event data recorder or limit the use of recovered EDR information.

A recent report by the Governors Highway Safety Association projects that the number of motorcyclist fatalities fell by 7% last year, the second decline in five years, despite an increase in motorcycle sales in 2013.

The report, “Spotlight on Highway Safety,” based its findings on motorcyclist fatality counts reported to the GHSA by all 50 states and the District of Columbia for the first nine months of 2013, and indicated that motorcycle fatalities are projected up in 13 states, down in 35 states and D.C., and to remain the same in two states compared with the first nine months of 2012.

Noting bad weather the first six months of 2013, the association projects that the number of motorcyclists killed last year will total 4,610, down from 4,957 in 2012 and nearly identical to the 2011 figure of 4,612.

Meanwhile, new motorcycle sales ended the year with a 1.4% overall increase, up from 452,386 total units in 2012 to 458,972 last year, bringing total U.S. motorcycle registrations to a record 9 million nationwide.

The Governors association also noted that the use of helmets dropped to 60% in 2012 down from 66% in 2011, citing that only 19 states now require helmets for all riders.

Researchers have found a strong relationship between gasoline prices and motorcycle fatalities: As gas prices rise, so do the number of fatalities, and falling gas prices tend to be mirrored by reduced numbers of motorcycle deaths.

An analysis by the National Safety Council showed a strong correlation between gasoline prices and motorcycle fatalities, charting the trend since 1976.  Safety experts speculate that higher gas prices encourage people to use fuel-efficient motorcycles instead of cars.

With new unit sales increasing when gas prices go up, there are more people riding and potentially more inexperienced riders on the road.

Michigan Governor Rick Snyder has signed legislation that encourages motorcycle operators to apply for a full operating endorsement by limiting their ability to obtain temporary training permits.  The move is aimed at improving motorcycle safety standards in the state.

Sponsored by Representative Bradford Jacobsen (R-Oxford), House Bill 4781 allows a motorcyclist to apply for a temporary instruction permit (TIP) only twice during a 10-year period, starting next January.  Previously, there was no limit to the number of times a person could be granted a temporary permit, so many operators would apply every riding season as an alternative to obtaining their full cycle endorsement, taking advantage of the loophole in the law to avoid taking required testing or training.

“This bill will help prevent abuse of the current motorcycle permitting process, ultimately ensuring more motorcyclists are trained to operate their vehicles in the safest manner possible,” the governor said.

The high court in the “Live Free or Die” state has ruled in favor of free speech on a personalized license plate that reads; “COPSLIE”.

David Montenegro forced the issue by suing the New Hampshire Division of Motor Vehicles (DMV) when it refused to accept his request filed four years ago for the personalized plate.

“A reasonable person would find COPSLIE offensive to good taste,” a May 12, 2010 DMV ruling explained.

Montenegro filed for reconsideration and received the same response, so in August that year he decided to apply, in order, for COPSLIE, GR8GOVT, LUVGOVT, GOVTSUX, SEALPAC and GOVTLAZ.  The pro-government license plate, GR8GOVT, was immediately approved.  He used the approval of one message over another as evidence that his state and federal constitutional right to free speech was being trampled.

The state supreme court framed the question as an issue of private speech, the plate’s message, on government-owned property, the license plate itself. The justices agreed with Montenegro that the regulation cited by the DMV was unconstitutionally vague because it was left up to the whim of employees to decide what messages were acceptable.

Check out the expanded 5-Ball Racing apparel line.

Everything’s bigger in Texas, and the Lone Star state recently hosted one of the largest gatherings of bikers’ rights activists in the world as concerned riders from across the country attended the National Coalition of Motorcyclists annual NCOM Convention in Dallas.  This yearly “coming together” of various segments of motorcycling, from M/Cs to MROs and from Christian clubs to sportbike riders, was hosted by the Texas Confederation of Clubs and welcomed all motorcyclists to attend various meetings and seminars on legal and legislative issues affecting today’s motorcyclists.

For nearly three decades, over Mother’s Day weekend the NCOM Convention has provided a platform for diverse factions of the motorcycle community to come together in unity and cooperation in pursuit of shared interests for the betterment of biking.  Topics included Biker Anti-Discrimination and Profiling Legislation; Protecting Your Patch; the Legality of Motorcycle-Only Checkpoints; Know Your Rights during a Police Encounter; Freedom of the Road and Use of the Courts; as well as seminars on the Use of Social Media, Incorporate Or Not, the Art of Grant Writing, and featuring the Golden Hour – How to Save a Biker’s Life by EMT Instructor Slider Gilmore.

Special Meetings were on the agenda in support of NCOM’s many outreach programs for Women In Motorcycling; Clean and Sober Roundtable; National Sport Bike Association (NSBA); and Christian Unity Conference, in addition to the Confederation of Clubs General Patch Holders Meeting.

“It wasn’t our biggest Convention ever, but I’m thrilled with the progress made here this weekend and proud to see the unity behind the SAVE THE PATCH effort to support the Mongols Motorcycle Club in their court battle to prevent authorities from seizing their club colors…which would endanger every clubs’ rights to wear a patch,” said NCOM Founder Richard M. Lester.

During the Silver Spoke Awards Banquet, several honorees were recognized for their contributions to “Improving The Image of Motorcycling”, including; GOVERNMENT: Jerry Patterson, running for Lt. Governor of Texas; MEDIA: Darrell and Cheryl Briggs – Oklahoma Biker Magazine; COMMERCE: Steve Menneto – CEO of new Indian Motorcycle; LEGAL: Ray Pacia – AIM Attorney for Rhode Island; ENTERTAINMENT: Stan Ellsworth – “American Ride” BYU-TV history series; ICOM INTERNATIONAL AWARD: Michael Mosia – Motorcycle Movement of Quebec; SPECIAL RECOGNITION: 2 Million Bikers to DC; and NCOM’s highest honor, the Ron Roloff Lifetime Achievement Award, was presented to Bobbi Hartmann, Member of the NCOM Legislative Task Force and former MMA of AZ Lobbyist.

Next year’s 30th Annual NCOM Convention will be held May 7-10, 2015 at the Denver Marriott Tech Center in Denver, Colorado. For further information, contact NCOM at (800) ON-A-BIKE or visit www.ON-A-BIKE.com.

“Bikers from around the nation are joining forces to support the Mongols Motorcycle Club to combat a lawsuit by federal authorities to take control of the Mongols trademarked logo,” states a National CALL TO ACTION issued recently by the US Defenders National Office.

“They are trying to destroy the right of men to associate and indicate their association” said Joe Yanny, an attorney representing the Mongols.  In addition to being a violation of club members’ freedom of speech rights, Yanny said, “more importantly, it’s a due process issue.”

If the Feds win this case and set a new precedent then no trademarked logo will be safe from being taken away.

In announcing that Texas clubs are “rallying for the Mongols and their legal representation,” the CTA asks others to “join the fight to support the Mongols Nation with its trademark battle with the Feds” by educating yourself on this case by going to: http://usdefender.net/cta-tdf.html and go “LIKE” the National US Defenders Facebook page for future updates.

To donate to the Mongols Nation Lawsuit Defense Fund (“100% or every red cent goes directly to the Trademark Fund”) send donations to: Joseph Yanny, Law Office of Yanny and Smith, 1801 Century Park East Suite 2400, Los Angeles, CA 90067

“We have no other fight as important as this fight to help the Mongols MC Nation win this case, the US Defenders will do all we can to assist them in every State,” US Defenders National Office.