October 18, 2002

THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to Injured Motorcyclists(AIM) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the LawOffices of Richard M. Lester. For more information, call us at (800) ON-A-BIKE, or visitus on the web at .

NCOM COAST TO COAST BIKER NEWSCompiled and Edited by BILL BISH,National Coalition of Motorcyclists

JUST THE FACTS, PLEASE– Statistics are like a bikini, what they reveal is interesting,but what they conceal is vital. And what the National Highway Traffic SafetyAdministration has been concealing in their crusade to promote helmet laws borders onfraud. In their efforts to sway public opinion in favor of mandatory helmet laws, NHTSAand others have been quick to point out an increase in Florida’s motorcycle fatalities inthe year following a repeal of their lid law. What they fail to mention, however, isthat a jump in motorcycle ownership has outpaced the fatality rate, and ABATE of Floridahas compiled the actual numbers to refute the apparently flawed statistics beingcirculated by the federal agency.

“These figures represent the statistics for the first full year of our amended helmetlaw,” explains James, “Doc” Reichenbach, President and Lobbyist for ABATE of Florida andchairman of the board for the National Coalition of Motorcyclists (NCOM). “As you cansee, the actual number of deaths were up 11%, however the motorcycle registrations wereup 20.4%, which represents an increase of over 40,000 new motorcycles on the roads. After all the figures are compiled according to the Florida Department of HighwaySafety and Motor Vehicles, the death rate was actually down by 5.2%.”

Also, based on the 40,000 new motorcycles on the road this past year, ABATE made thefollowing estimates of what this amended law has brought into the economy of Florida:

40,000 new motorcycles at an average of $10,000 each: $400,000,000
Sales tax on motorcycles at 6%: $ 24,000,000
Registration fee on motorcycles: $ 1,444,000
Change of title: $ 1,190,000
Total: $ 426,634,000

“This total is almost one half a BILLION dollars in one year that was put into theeconomy of the state of Florida,” says Doc. “Of this amount, over 25 million dollarswent directly into the state treasury for the budget. This also does not include thetourist money that increased because of Florida being a freedom of choice state. In 2001over 300,000,000 dollars was spent in Florida at Bike Week during a ten day period.” The2002 figures are not available yet, but participation was up from 2001.

“I hope these figures will help anyone who has heard the bad publicity that has come ofour amended law,” Doc summarized. “Deaths per mile ridden are down and the economy hasgotten a huge boost.”

WISCONSIN SUPREME COURT RULES AGAINST HELMETLESS RIDERS– The Wisconsin Supreme Court hasruled that ATV riders injured in accidents may have damage awards reduced by up to 100%for failing to wear a helmet. On June 26, 2002, the court issued a decision in anAll-Terrain Vehicle accident case that allowed a reduction in damages from a head injurybecause the injured party was not wearing a helmet, reports ABATE of Wisconsin.

Although this was an ATV case, the court also stated that, “Our conclusion here pertainsto helmet use while operating or riding a motorized, non-enclosed, moderate-to-high-speedvehicle such as an ATV or like vehicle.”

“The leaders and Legislative Committee of ABATE are taking this threat very seriously andgiving it a Level One priority,” reports Dave Dwyer, Legislative Chair for ABATE ofWisconsin. “We have already been in contact with legislators to let them know what isgoing on and how we feel about it.”

Wisconsin State Senator Dave Zien, long time biker and member of the National Coalitionof Motorcyclists (NCOM) Legislative Task Force, is working with ABATE to determine if thedecision can be applied to motorcycle riders who suffer a head injury while not wearing ahelmet.

“We intend to be ready with a bill to introduce when the new legislature comes intosession in January,” said Dwyer. “If for some reason this decision cannot be applied tomotorcycles, I feel that we should go ahead with language to clarify how the courtsshould handle the ‘no helmet’ defense.”

Wisconsin has enacted legislation that allows damages to be reduced by 15% for anyoneinjured in a car accident who is not wearing a seat belt, in reaction to an earlierWisconsin Supreme Court decision regarding seat belt use and injury damages awardreductions. But the high court refused to transfer that over to the helmet use case,even though they used the seat belt use ruling as a guide in their recent decision.

The court stated, “that, ultimately, is a question for the legislature.”

WEST VIRGINIA BIKERS ASK COURT: WHAT IS A HELMET?– Trial was to be held this summerregarding motorcyclist Mark Fike’s traffic citation for not wearing an approved helmetwhile operating his motorcycle on SR 119 in Spencer, West Virginia. Mr. Fike could havepled no contest and paid a relatively small fine to avoid the hassle of going to court. However, W. Virginia State Senator John Mitchell and Aid to Injured Motorcyclists(A.I.M.) Attorney Ralph Buss, anticipating an unfavorable ruling, took the case to trialin order to obtain a verdict for the purpose of arguing on appeal to the State SupremeCourt the issue of what is an approved motorcycle helmet.

At issue is what are the specific parameters of what is and what is not a legal helmet inthe state of West Virginia? Federal Vehicle Safety Standards and Regulations; Article57, Section 218 that sets forth helmet design regulations was to have been introduced inits entirety in order that it become part of the record for use on appeal. Walter Snyder,Coordinator of the W. Virginia Motorcycle Safety Education Program, was scheduled totestify regarding the meaning of Department of Transportation (DOT) compliance. He wasalso set to describe his committee of eight persons interaction with the State Police onhelmet related issues.

During the preparations for trial, it was learned that the CEO of the State Police wouldbe unable to provide testimony regarding valid helmet compliance for W. Virginia. It wasalso learned that there are no courses available to the State Police to train them torecognize a compliant helmet. Currently, officers use the “eyeball and instinct method”to determine compliance.

As neither the arresting officer, Sgt. D. U. Garrett nor his superior, Colonel Hillshowed up for court on July 31, 2002, the Magistrate permanently dismissed the case for”failure to prosecute”. At the conclusion of the session, the prosecutor jokinglysuggested that perhaps when the bikers come back, one of them might wear a “bucket oflard with a DOT sticker affixed to it and see what happens.”

President of ABATE of West Virginia, Duck, and West Virginia Confederation of ClubsChairman Widowmaker, along with the numerous other motorcyclists in attendance, vowedthat they will have another day in court.

The leadership of West Virginia’s motorcyclists’ rights organizations are at this timeconsidering what forum to use for their next confrontation. Three of the issues underconsideration are: 1) Does W.V. Statute 17C-15-44 adequately inform motorcyclists as towhat is an approved helmet and/or what is a non-compliant device? 2) Is the Statute sovague that most persons cannot come to a reasonable conclusion as to the definition of anapproved helmet? 3) Is the State required to have an expert testify on its behalf whenthe approved/not approved helmet design issue is again presented to the court? Staytuned.

CITY SENDS SAFETY MESSAGE– Darlene Kimsey, vice-president of the High Point Chapter ofthe Concerned Bikers Association of North Carolina, was sick of hearing about motorcycleaccidents, so she approached the city council with an idea to make drivers more aware ofriders on the road.”The public needs to understand that with the rise of riding, we are out there,” Kimseytold the Greensboro News and Record. “Riding isn’t just a recreational thing anymore, buta mode of transportation.”

After almost a year of lobbying the city, Kimsey says High Point will be the first cityin the nation to put up signs reminding motorists to share the road with motorcycles.

About a year ago, Kimsey went to the North Carolina Department of Transportation to seeabout getting some signs posted along roads along streets throughout the state remindingmotorists to share the road with motorcycles.

When the state rejected the proposal, Kimsey went to the city of High Point.

Following a letter to the city council, and several meetings with the city manager andcity transportation officials, Kimsey was able to identify four city streets where thesigns were needed, based on a high volume of motorcycle accidents.

The city is expected to erect four signs on each street, and the transportationdepartment will monitor accidents on the streets to see if the signs have an impact.

While state transportation officials haven’t approved signs for state-owned streets,Kimsey says they will be watching the project in High Point. “If we can show that thesigns have an impact on reducing the number of accidents, the state may consider thesigns,” Kimsey said. “I am hoping it’s something that will catch on.”

CALIFORNIA GOVERNOR VETOES RED LIGHT BILL– California Assembly Bill 2521, introduced byAssembly Member Jay LaSuer (R- County of San Diego), would have required all new andreplacement traffic-actuated signal devices to recognize motorcycles and bicycles, aswell as new lighter cars, but was vetoed by Governor Gray Davis.

The bill passed through the legislature without opposition in both the Senate and theAssembly, but was doomed to defeat when it reached the governor?s desk on September 18.

“Now that is unconscionable!,” exclaimed Nancy Nemecek, chairman of the board for ABATEof California. “If any motorcycle rider was on the fence about Davis, this should showhis true colors,” she said in reference to the upcoming gubernatorial election in theGolden State.

WEIRD NEWS OF THE MONTH– Dangerous Intersections More Safe?! British traffic consultantBen Hamilton-Bailie told the British Institution of Civil Engineers that improving roadsafety by making intersections more dangerous may actually decrease accidents.

The approach has already proved successful in Holland and Denmark, and relies on the ideathat drivers will be more careful if they perceive more danger. Without road signs androad markings, they are forced to slow down and make eye contact with other road users toestablish who makes the next move.

This has lead to many new intersections in Northern Europe resembling the days beforecars were commonplace, and it is said that it has reduced accidents without affectingjourney times, but it does rely on vehicles traveling below 20mph.

QUOTABLE QUOTES: “Democracy is two wolves and a lamb voting on what to have for lunch.Liberty is a well-armed lamb contesting the vote.”BENJAMIN FRANKLIN, Patriot & Founding Father

GLENDALE, CA – Sheryl Crow, Mick Fleetwood & Friends, and JeffersonStarship will headline Love Ride 19, the largest motorcycle fundraisingevent in the world, on Sunday, November 10. Grand Marshal Jay Leno,Honorary Grand Marshal Peter Fonda, and a host of celebrity bikers will lead20,000+ motorcyclists on a 50-mile caravan from Harley-Davidson of Glendale,California, to a barbecue, trade show, and concert at Castaic Lake.Proceeds will benefit Reading By 9, MDA, and other charities. In 18 years,the Love Ride has raised over $15 million.

Sign up is 6am-9am on Sunday, November 10 at Harley-Davidson of Glendale,with a 90-minute Jefferson Starship concert at 7:00am, followed by acelebrity press conference at 8:45a.m. The caravan of bikes departs toCastaic Lake at 9:15am.

Festivities at Castaic Lake will begin at 11 a.m. until 4 p.m. (gatesopen at 10am). Mick Fleetwood & Friends perform at 11:45am followed bySheryl Crow at 1:15. The minimum donation is $60, or $50 if you sign-up inadvance online (www.loveride.org) or at Harley-Davidson of Glendale beforeNovember 5, 2002. For larger donations, participants qualify to receive avariety of prizes, including a 2003 100th Anniversary Harley-Davidson V-Rodand a 2003 Ford Harley-Davidson F-150.

Harley-Davidson of Glendale is located at 3717 San Fernando Road betweenLos Feliz Blvd. and Glendale Avenue. For more information, call (818)246-5618, extension 7.

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