We’ve all been there, out for a ride when the skies open up and it begins to rain. Now imagine, you’re on a country road with the oil and grease from several days of great weather bubbling to the surface. You know you’re going faster than you should, but what the hell. It’s been a terrific ride so far and you’re only a few miles from home.

So, you twist the throttle and keep rolling.

As you approach a bend in the road your senses tell you your speed is too high. You tap the rear brake to slow down only to feel it begin to slide on the greasy surface. You make a quick correction, only this time, it doesn’t seem to help. The bike begins to fishtail and eventually you lose it. You go down. You and your riding buddies hear that revolting “THUD”. If you’ve ever heard that sound before, it sickens your stomach just to think about it again.

You open your eyes as they’re sliding your gurney into an ambulance. You can tell by the look on the paramedics faces that something is terribly wrong. You’re in and out of consciousness as the ambulance races to the hospital. It’s there that you find out you’ve fractured your skull in seven places.

Your chances of survival aren’t good.

But, you’re a tough bitch. Not only do you survive, but while you’re recovering, you instruct the mechanics to do a few things to your bike to make it faster. A few months later, you’re back on the bike and riding with the wind in your hair again.

That’s the story of Dilana. Born in South Africa, she used music to escape a turbulent household. While her parents argued at home, she took her younger brother and sister for walks and calmed them by singing hymns. By 15 she left home and at 16 dropped out of school to join a friend singing in bars and weddings.

She bounced around between South Africa and Holland pursuing her music. She worked her way through a series of life’s pitfalls dealing with alcoholic band members and the violent death of a dear friend. But, through it all, she remained true to her music. In some ways, all those troubles early in life made her tough enough to handle a fractured skull.

Eventually, she made her way to the U.S. and has been entertaining audiences in the Houston, Texas area for the past few years. She’s planning a tour of the U.S. later in 2006 with her musical soul mates Margaretha Klein and Jeff Zwart. They plan to travel all over the U.S.

That’s where all of you come into play. If you know of a place she should play, let her know about. If you’re a manager of a bar or other venue, or know a manager that should book her, tell them about her. I know the biker community takes care our own and this is one tough biker chick who deserves our help.

You can find out more about Dilana at her website at www.dilanarox.com. You can listen to some of her original music, see pictures of her performing, and find her email address there. Margaretha, or Marge, as she is called by her friends, also has a website at www.margarethakleine.nl. The site is in Dutch, but even if you can’t read Dutch, you can find your way around to hear some of her music and enjoy her pictures. So, go check them out and find these beautiful ladies some gigs.

Dilana is in the Middle East right now taking a vacation and will be in the studio in Holland recording a new CD with Marge and Jeff through the middle of March. After that, she’ll be back in the Houston area blowing away audiences there until they begin their U.S. tour. If you live in or near Houston, I highly recommend you check her out live and in person.

By the way, that repaired bike of Dilana’s is an H-D Super Glide with a Wide Glide front end, that she calls her Super Wide Glide. It’s been lowered 5 inches to accommodate her tiny frame. And, most importantly, she’s still riding today even after her horrific crash. She is one tough biker, one gorgeous babe, and one helluva singer!

Ya know, sometimes the term Otherside has a mysterious connotation, like when somebody’s draggin’ in their last breath, and they croak, “See you on the Otherside.” Sometimes the grass is greener on the Otherside of the fence. Sometimes, it refers to good versus evil.

Sometimes it’s just the side ya can’t see.

When my bro, “D” (nobody knows what “D” actually stands for, hence the mysterious part, though Demonic and Demented have been suggested), told me that he opened OTHERSIDE INDUSTRIES, in the center of California’s San Joaquin Valley, I thought I’d better see what the Otherside was like for myself, so I just saddled up an’ moseyed on down.

The first thing I noticed was that he’d chosen the ideal location. Sandwiched neatly between a pizza parlor and a tattoo studio, you can get fed, drunk, and inked before ya know what hit ya. By the time I washed the pepperoni grease off my tongue with a few cold brews, I didn’t have enough loot left to have a 6-year-old draw pictures on my hide with a felt pen.

“Howdy, ‘D’,” I yelled, as I wandered across his new, gray carpet.

“Kinda sticky for new carpet, ain’t it,” I started to ask? But that was before I noticed the trail of old chewin’ gum I was leavin’ behind with every step.

“Nice digs, Bro!” I said, lookin’ around at all the bike bling, great lookin shirts an’ stuff. I drew his attention away from the pink goo I left on the carpet. “When did ya open up?”

“June first”, he said, eying the clumps of dirt crusted Juicy Fruit I was still leavin’ behind.

I walked over to one of the racks and picked up a black T-shirt with a pole dancer on it. “Strip Club Choppers”, I mused. “I’ve seen ‘em on TV, on American Thunder! Ya don’t see their stuff much around here.”

“That’s because I’m the exclusive Central Valley dealer for Strip Club Choppers’ stuff,” he replied, trying to hide half a box of donuts under the counter before I saw ‘em.“I’m also a dealer for Dragonfly, Lucky 13, and Felon Clothing Company.” He pointed out shirts with flames, dice, skulls, and girls on ‘em. “And since I deal directly with them, I can sell the clothing for less than the trendy shops do. I have my own line of Otherside clothing too, like shirts, hats, beanies, and the like. I also have the fingerless riding gloves with gel in the palms. They’re great for absorbing handlebar vibrations.”

“Man, I really like this logo,” I said, pickin’ up one of the too cool Otherside Industries shirts. “An’ those sunglasses are cool lookin’ too!” I said, heading over to the display to try on a few pair.

“I carry a pretty good selection of “beanie” helmets, too”, he told me, indicating the rows of skid-lids on one wall, lookin’ like matin’ season on Turtle Island.

“Well, well, what have we here,” I asked, lookin’ through the glass counter top at some wicked lookin’ knives?

“Those are made in Italy”, he said. “Good steel, and sleek design.”

The phone rang, and as he turned to answer it, I took the opportunity to boost one of the donuts he’d carefully hidden beside the knife display.

“Mmmm… These weren’t made in Italy,” I grinned, lickin’ my finger to pick up the little colored sprinkles that now littered the counter, and grabbin’ a Dickens Energy Cider from the little cooler on the shelf behind me. “Good stuff!” I saluted him with my now half empty can.

Lookin’ over the accessories, I saw lots of great stuff from KuryAkin, Arlen Ness, and others just waitin’ to go for a ride with ya.

“I’m a dealer for Heartland U.S.A., Custom Chrome, Drag Specialties, V-Twin, Red Line Oils, K&N filters, Avon and Metzler tires, Eddie Trotta’s Thunder Cycles, and Wicked Image billet accessories,” he said, wiping the smudges from the glass with an orange handkerchief. “I also keep several styles of batteries fully charged, to fit most bikes, ‘cause when you need one, you don’t want to have to spend several hours charging it before you can ride.”

“So… When’s the grand opening gonna be,” I asked, wipin’ the cider off my mustache with my shirt sleeve?

“I’m working on the permits now,” he replied. “I want to have music, a beer garden, and all that, but I have to get the permits first.”

Since more is merrier, I’ll try to let ya know when the big party at Otherside is gonna be, but ya better call “D” to get the strait scoop, ‘cause if he’s buyin’ donuts, I may not be invited! Till then, if ya want to dress up yer scoot or yer bod, ya can’t find better pickin’s for either job than ya can at Otherside!

You can find OTHERSIDE INDUSTRIES at 4751 North Blackstone, in Fresno, Cal., or call “D” at 559-224-RIDE.

We need you to pay attention to this article.

In the last segment Chris Maida, the editor of American Iron, told you what can happen to your motorcycle business and/or personal custom motorcycle due to the Environmental Protection Agency’s (EPA) new and past emissions rules and laws. He talked about how one rule covers the restrictions on building your own once-in-a-lifetime custom motorcycle. Also shops can build and sell only 24 EPA-exempt custom motorcycles per year, but that these bikes are only allowed to be ridden to and from motorcycle shows.

Other rules stipulate that all other motorcycles are required by federal law to be tested to see if they still meet the emissions requirements set by the EPA, if they have been altered in any way that could affect the amount of emissions they produce.

We also explained that the EPA’s anti-tampering rules do not allow any changes to the fuel delivery system, exhaust system, or any engine component or component of the drivetrain on factory-built motorcycles, such as Harley-Davidsons, that could possibly cause the emissions levels to change.

In fact, under the present EPA rules, the only legal modifications are finishes (such as paint and chrome) and some chassis modifications.

It is our firm belief that these rules will ruin motorcycling as we know it and the custom bike aftermarket industry, since it exists to give bike owners options, not cookie-cutter motorcycles. And yet, our industry has been illegal for decades under past and present EPA rules; we just didn’t know it. And now that the laws are being changed to be even more restrictive, and are being enforced, it is imperative we act to preserve our way of life.

Compliant Engine Packages

Some readers have stated they would just use an EPA-compliant engine package to build their dream bike. But even using an engine manufacturer’s compliant engine package will not help most shops and individuals build the bike they want. Anyone who buys a compliant engine package, but then alters anything included in the package (fuel delivery, exhaust system, engine internals), will void the emissions warranty of the package. The same occurs if the engine package is installed in a rolling chassis that does not meet the specifications of the engine seller. For example, if the package was tested in a bike with a 140-series rear tire, the engine cannot legally be used in a bike with a larger rear wheel, since the larger rear wheel voids the emissions warranty of the engine package. That means the motorcycle will not be EPA-compliant, even though the builder started with a compliant engine package. In fact, the bike is just as illegal as one that does not have a compliant engine package.

Some readers have stated that they would just have the new engine/bike package tested to see if it conforms to EPA requirements. Though that sounds like a viable solution, the cost of doing this is much more than what a small shop or individual could incur to build a one-off bike. The large manufacturers build hundreds of units of a model so it can spread the cost of certification testing over many bikes. In fact, some companies have an emissions lab in-house to perform the needed work. As you can see, this situation could cause the end of the one-offs, small-quantity build, and mods to any bike, that keep this industry fresh and vibrant.

Letter Of Guidance

The Motorcycle Industry Council’s (MIC) V-Twin Aftermarket Committee, which is composed of some of the largest manufacturers and distributors in the aftermarket, is currently in negotiations with the EPA concerning a Letter of Guidance for engine certification. If adopted as written, this document will give a huge advantage to the large engine manufacturers. This is because these companies are the only ones who can afford to get their engines through the compliance testing process while still keeping their selling prices from sharply increasing.

(Of course, we expect these companies will also have to increase their prices to cover the costs of testing and the required emissions system warranty that will be included with the engine package.)

And though we do not believe the MIC is doing this to put other engine companies and small engine shops out of business, we do believe this will be the end result.

The Letter of Guidance (LOG) process does not allow for business and the general public to give their opinions and concerns about the EPA rules in question. Thankfully, the MRF found out about the impeding Letter of Guidance in its discussions with the EPA, and we reported it to you last month. To help stop the LOG from being adopted, American Iron’s editor, Chris Maida, has sent a letter to the EPA asking the agency to put the MIC’s LOG on hold and initiate a comment process so you are provided an opportunity to have your voice, as a citizen of the USA, heard.

You Need To Be Heard

The truth is, the EPA needs to be shown that there are thousands of shops that either build their own engines from components or modify existing engines, as well as make transmission, rear wheel, primary system, and gearing modifications. Even though these bikes are not tested to see if the changes made are EPA-compliant, these alterations are being done on new and used motorcycles all across the country. In fact, almost every shop that does V-twin work, from the mom-and-pop shop on the corner to the large OEM shops, modifies and changes engines and drive-train components. Without this type of work, most of them would be out of business.

The EPA also has to be shown that the MIC does not represent these shops and businesses in their negotiations with the EPA. Though the MIC has not portrayed itself as such, it is the only organization currently representing the custom motorcycle industry to the EPA. Therefore, it’s only natural for the EPA to regard them as your representatives. Unfortunately, that is not the case, and you as an individual, shop owner, or mechanic, have different concerns and needs than the members of the MIC. These concerns and needs are not being addressed, which is why the MRF has stepped in and is in negotiations with the EPA on your behalf. This is why it is critical that you, whether you’re a bike owner, bike builder (both amateur and professional), shop owner, component manufacturer, or part distributor,

fill out the attached questionnaire, or write a letter and return it to the MRF as soon as possible.

We believe that if the MRF cannot persuade the EPA to make concessions so the small and large shops can legally build and modify bike chassis and engines, many independent shops, as well as the manufacturers and distributors who supply them with parts, will be out of business in a few years.

Take action to keep our industry alive. Photo by Sam Dixon of Livia.

What You Can Do

MRF was asked by its members in a legislative strategy session to try to find a way to keep the aftermarket unaffected and yet compliant with the new and past EPA laws, so that we all can enjoy the motorcycling lifestyle that we love. The EPA has told the MRF that its intent is not to shut businesses down, and it asked us to make proposals on how to keep the aftermarket industry strong while still protecting the environment. The MRF is also in discussions with the Small Business Administration (SBA), the protector of small businesses in America, about the motorcycle aftermarket industry as a whole.

We need your help to preserve your right to build and ride a custom or modified stock motorcycle. To persuade the EPA and SBA, we need to give them more than anecdotes. We need to give them the facts that only you, the bike owners, custom bike builders, and shop owners, can supply. We need to tell them the full story of how much the motorcycle aftermarket industry has grown, and how severe the effects of engine certification and exemption removal would be on this industry.

We need you to fill out the questionnaire and return it to the Motorcycle Riders Foundation if you are involved at any level of the motorcycle aftermarket industry. Do you manufacture engines, engine components, or frame, intake, exhaust, drivetrain, or sheet metal components? Do you sell, assemble, or modify these parts? Do you build finished motorcycles? We need the input of all of the businesses and individuals involved. We will compile the data and use it in our discussions with the EPA and SBA on a non-conformance payment program. This proposed program would be a pay-to-play type of exemption that would allow you the freedom to build what you want, in small volumes, with the components of your choice. Upon payment of a nonconformance fee, the motorcycle would be EPA street-legal.

This would be similar to the Green Sticker program in California for off-road motorcycles.

We also need your help distributing this questionnaire to other shops and builders in your area. Please photocopy and distribute this to everyone you know that is involved in motorcycling. The more input we get, the better the picture we can give to the EPA and SBA.

If we do not receive enough feedback, this will become a dead issue, since the EPA will not believe that we are telling them the truth.

Your participation is critical to the success of this project, and, ultimately, your livelihood. The days of building any motorcycle you want and riding it on the street may soon be over unless we can find a way to do so legally. When your local motor vehicle office demands an EPA certificate of conformity to register your motorcycle, and you do not have one, what are you going to do with the bike? Without a certificate of conformity, and being able to get it registered, there will be no market for your product, or the resale of a non-compliant motorcycle.

That will be the end of your business, be it manufacturing component parts or assembling the final product, and the end of choices for riders.

Some of the questions in the questionnaire will seem extremely intrusive, but they are necessary for us to give the EPA and SBA the full story of how the rules will ruin the industry, and the financial and personal losses that you are facing. Also understand that the MRF has no financial interest in this. They exist to serve, and are funded by state motorcyclist rights organizations and individual members, so they can try to protect our motorcycling lifestyle. They are the only national organization dedicated solely to protecting the rights of the street rider. You can view their history and position papers, sign up for updates and releases, and, if you so desire, become a member at www.mrf.org. They welcome anyone interested in protecting the rights and lifestyle of motorcyclists.Completed questionnaires should be sent to Motorcycle Riders Foundation, Dept. EPA/AIM, 236 Massachusetts Avenue NE, Suite 510, Washington, DC 20002-4980, or fax it to 202/546-0986. Either way, please do this as quickly as possible.

The sooner we can approach the EPA with a mountain of proof, the better chance we have of protecting our lifestyle and industry.

This is critical, play your highest card.

EPA QUESTIONNAIRE

Business Information Section

1. How long have you been in business? _____ years _____months?
2. Average gross income for the last five years (if in business that long): _____
3. Current number of employees: _____
4. Do you build custom motorcycles to sell and/or for personal use? _____
5. If yes, how many motorcycles built per year: _____
6. Percentage of business from custom motorcycle sales: _____
7. Percentage of business from exhaust modifications (including customer-installed units): _____
8. Percentage of business from performance modifications (including customer-performed mods): _____
9. Would you be willing to pay a non-conformance fee per unit to keep building motorcycles and modifying engines or components? Yes_____ No_____
10. How much do you pay in taxes per year (federal, state, and local)?: _____
11. Do you rebuild engines or assemble engines from components? Yes_____ No_____
12. Would you be willing to attend a meeting with EPA or SBA officials? Yes_____ No_____
13. What is the percentage of the business you may lose compared to your total revenue? _____%
14. Will the new EPA rules cause you to lay off employees? Yes_____ No_____
15. Will you have to close your business if the rules are not changed to allow options? Yes_____ No_____
16. When did you become aware of these EPA rules? ______
17. Where did you learn about the EPA rules? Media (newspaper, magazine, television, radio) _____ Industry source_____ Friend_____ Other_____ Individual Information Section
1. How many motorcycles have you owned in the last five years? _____
2. On how many of those have you changed exhaust, engine, or driveline components? _____
3. How much have you spent on modifications? $_____
4. Percentage of work done yourself: _____%
5. Percentage of work done by an independent shop: _____%
6. Percentage of work done by an OEM dealer: _____%
7. Would you be willing to pay an extra fee to make those modifications legal? Yes_____ No_____
8. How many custom motorcycles have you built for yourself in the last five years? _____
9. Would you be willing to pay a non-conformance payment (per new bike) to keep building personal motorcycles with the components of your choice? Yes_____ No_____

Submitted by shop/person located in City _____________________________ State_____________

Completed questionnaires should be sent to:

Motorcycle Riders Foundation
Dept.EPA/AIM,236 Massachusetts Avenue NE,Suite
510,Washington,DC 20002-4980,
or fax it to 202/546-0986.

Not long ago I volunteered to do a write up on the Motorcycle Riders Foundation. The Boss told me to get on it right away due to the looming EPA restrictions. Well with the holidays and my crashed computer slowed me down. My bust, I first went to their web address and was blown away.

Next I contacted Jeff Hennie. Jeff is the Vice President of Government Relations for the Foundation. After a brief conversation via phone from my place of real employment, on company time, I learned several interesting things. Jeff is a long time rider and worked on the Hill for various other interest groups. When the opportunity presented itself for Jeff to come to work for the foundation he gladly took the position. There is one thing about the majority of Bikers; they are passionate about what they do. As the conversation progressed I also learned several other very interesting facts. I figured that the foundation was supported by big business.

To my surprise, I learned that the M.R.F is solely supported by individual folks who ride and is centered on protecting the rights of that group.

I also found out that the MRF had posted a letter in various motorcycle rags for shop owners and riders alike to forward to them so they could get an idea of what the riding public thought of the recent EPA regulations. The response was under-whelming.

The MRF has limited funds to represent national biker interests and used the letter as a research sounding board. They needed to investigate, quickly, rider interest in EPA restriction and determine whether to invest their time and money in trying to alter or repeal the upcoming legislation. (I myself ride a bike that depends on the small shops to maintain and repair, so I am definitely interested in keeping these shops alive and healthy.)

The M.R.F has repeatedly ask the EPA to consider a reasonable non-catalyst forcing emissions standard for highway motorcycles that even the smallest manufacture can meet, while allowing riders to refine their machines to improve ridability and safety.

These new laws will cost thousands of jobs and businesses in America.

For three years the MRF has taken on this struggle with the help of State Motorcyclist Rights Organizations and individual cyclist through out the country The MRF is still fighting to save rider options and small business. They are in need of individual cyclists and key members, in the small business community, involvement to save motorcycling in America. There is an urgent need to create a network of small business owners and advocates throughout the country. They are working daily to establish a flexible grassroots fighting force to take on new legislation and regulations, and to build an alliance with friends in Congress, who in fact, were elected by you.

The Motorcycle Riders Foundation in conjunction with America Iron Magazine and Bikernet.com is requesting the help of the entire industry to protecting your right to legally build and ride custom motorcycles. The MRF is asking the EPA to allow individuals to build more than one EPA exempt motorcycle per lifetime, and to allow small volume manufacturers and shops to be able to build more than twenty-four EPA exempt motorcycles a year.

Our proposal to the EPA will include a non-conformance payment. In addition our efforts will include legally modifying existing motorcycles under the same type of program. In the article published by American Rider (and on Bikernet shortly), also highlighted the effects on the aftermarket industry of a Motorcycle Industry Council request asking the EPA to issue a letter of guidance which would allow M.I.C member companyies to sell EPA certified engines for use in kit bikes. This is another partial solution. Nothing perfect has surfaced yet, so we need to support any effort to afford rider and builder flexibility. The perfect reconciliation would be for the EPA to drop any costly effort to regulate this minuscule environmental hazard. It actually make little sense to interfere with our industry, and we know of many people who are trying to make that point. We need your help.

Read the full story in the January 2006 and February 2006 issues of American Iron Magazine (These articles will also be published on Bikernet.com in the near future.).

The EPA recently informed the MRF of a new interpretation of the “Control Of Emissions from a Highway Motorcycle” document. We have been notified that the right to build one EPA exempt motorcycle and a shop to build twenty-four exempt motorcycles was March 15, 2004, not January 1, 2006 as originally verified by the EPA. As of 2006 the new tail pipe emissions standards will come into effect for all models 2006 and later for all motorcycles operated on American roads.

These new standards have the potential to reshape the entire landscape of American motorcycling, as we now know it.

With the implementation of tougher standards, the average owner will no longer be able to service and maintain his or her motorcycle, similar to what we have seen in the automobile sector. Tougher standards will reduce motorcycling in America. The result will be sales declines and unemployment. And, as riders turn to passenger cars, the result will be more gas consumption and gridlock resulting in increased pollution.

The EPA wants to harmonize with the California Air Resource Board by 2010. These tougher standards will wipe out custom shops, the aftermarket industry, and small volume bike builders, eliminating tens of thousands of jobs across America.

The MRF has been extremely effective in the past in protecting Motorcyclist and the related lifestyle from any adverse legislation. In the past Congress has tried to single out motorcyclist as a problematic portion of the community.

The MRF will continue to fight any and all legislation that will directly affect the motorcyclist of America. Well if you think reading this was tough, try writing it and experiencing the full effect of every word as you bang it out. Tough, to say the least. After talking to Jeff I was left at a loss.

I guess that people will continue to putt along until the Feds tell them they can no longer ride the bikes they own because they have been legislated out of existence. All that I can ask any of you all is to get involved. I guess that means time or money. I’m bummed out after writing this, so I guess the Shovel and me will go for a long late night ride through the city.

Oh ya I almost forgot, to find the Motorcycle Riders Foundation on line just type that in to your search engine and look for their home page (http://www.mrf.org/). There is a lot of very informative reading and you will be able to locate your state chapter while you are at it (http://www.mrf.org/epa.php).

LTR

Open Letter To The EPA–Send It Or Else

Please fill out this letter or write your own and forward it to the MRF at the following address. Or drop them an e-mail. They will see to it that your letter is read and considered.–Bandit

Motorcycle Riders Foundation
236 Massachusetts Ave. NE,Suite510
Washington DC 20002-4980
phone: 202-546-0983
fax: 202-546-0986

Jeff Hennie
Vice President of Government Relations
jeff@mrf.org

Sarah Muckenhoupt
Office Manager
mrfoffice@mrf.org

To Whom It May Concern:

I own and manage _______________ (enter company name here), a ________________ (motorcycle dealership, motorcycle service center, motorcycle parts provider) and a member of the local business community. I want to make you aware of what is happening to one of the fastest growing industries in our region and directly impacting our business success. Motorcycle sales and registrations are reaching all time highs and the custom parts and other related businesses are growing along with this increase in sales. While revenues are up and this mode of transportation continues to provide possibly the single largest fuel conservation effort in the country and much of the world, the United States government is approaching severely deflating this source of jobs, economic revenue and fuel conservation by changing the standards under which my small business can modify or produce motorcycles.

The United States Environmental Protection Agency (EPA) has chosen to ignore the best interests of the motorcycle small business community in their decision making process. The EPA specifically targeted the motorcycle aftermarket business sector by limiting the number and type of motorcycles we can produce. These new standards are impossible to comply with and successfully run the type of business that I do. We hope, in our support of the Motorcycle Riders Foundation, to correct this injustice before the implementation of emission standards enacted by the Environmental Protection Agency (EPA) which are so unreasonably strict that our small business will not be able to maintain current personnel and operate at a profitable level.

The rule they are enacting to control emissions is far too broad in its expansive restrictions, far beyond actually controlling emissions. Their proposal would:

* Restrict the manufacturing of motorcycles in volumes less than 3000/yr virtually eliminating the currently booming and very popular custom chopper industry

* Cease the modification or customization of motorcycles by their owners or local service center

*Apply these unreasonable restrictions without giving the industry the opportunity to implement it's own emission controlling policies

* Deplete a multi-billion dollar industry and the jobs it creates and supports.

Motorcycle consumers depend on my small business to fix what they cannot on their motorcycles and/or supply parts they can install themselves. My business is an important link between keeping motorcyclist's wheels rolling and also to provide these consumers with a choice as to what changes they want to make to personalize their motorcycles, no matter what brand they decide they feel comfortable riding. We independent shops and consumers need each other to survive the future with the freedoms we deserve. Many consumers do not wish to maintain a relationship with a franchised dealer for their repair and modification work, and undoubtedly deserve the right to other choices.

The EPA operates under its own authority, with little or no Congressional oversight which is why the motorcycle small business community desperately needs your help. Through congressional pressure we are hoping to keep the new rules from eliminating our exploding cottage industry and associated jobs. With your support and the help of other elected officials and community leaders we can stop the rash deterioration of arguably one of today’s most uniquely American industries.

The new regulations will eventually put us out of business. Only the manufacturer’s dealers, namely the industry's largest few, will be able to work on these bikes because of the anti-tampering provisions of the Emissions Standards rule. Eventually, no one other than the dealer, not even the owner, will be able to work on these bikes. The only modification of motorcycles with the new EPA rules will be, in the EPA’s own words color and chrome. Without your help, I may be forced to close my business entirely. Please do not hesitate to contact the Motorcycle Riders Foundation in Washington D.C. should you have questions or need any additional information.

As true aficionados of clean air and the great outdoors, we riders and business persons in the motorcycle industry fully recognize and support the need to control noise and emissions and as such are willing and anxious to form a nationwide effort to develop and install self-monitoring policies and guidelines for industry improvements to protect the precious environment that we and our children live and ride in.

Thank you for your attention and prompt action toward this very important matter.

Regards,

MRF members surrounding Brett Smith (MIC) from S&S.

The new EPA (Environmental Protection Agency) motorcycle emissions rules have taken effect for the large manufacturers, those that produce over 3,000 units per year, beginning with the 2006 models. You know your shop is ready for the new year. Your techs have done their homework so they understand the changes in the new models. You have all the latest catalogs so you can get everything your customers will want to personalize their rides. You know the specs on all the latest engines, engine components, transmissions, wheels, and frames and what will fit what bike. You can even build your customer any bike he wants, right down to that righteous paint job and custom chrome plating on the parts your machine shop fabricates.

Your customers have already started coming in complaining about the performance of their new ride and asking you to make some improvements for them. They want you to change that restrictive stock air cleaner and filter. Oh, and get rid of the stock pipes, so their bike will look, sound, and run better. That means a new fuel injection control module will be needed, or the stock one altered, because the engine will not run right (lots of popping and spitting out of the intake) with the factory fuel injection map. Your customer does not want to buy the flash from the dealer because he’s not finished changing things yet. So you put on one of the aftermarket programmable fuel injection control modules because the owner wants to be able to adjust the mapping when he has you put in the new cam and rework the heads later on.

Does this sound familiar? Sure it does, this is your industry, your livelihood. Heck, this is how you’ve been doing business since you opened your doors. However, now there’s a big problem with doing business as usual. Have you noticed the disclaimers on all those engine products, including the new, high-flow air filters? You know, the ones that say “For closed course use only” or “Not legal for street use.” Those words are what may end business as you know it unless you’re working exclusively on pre-1979 motorcycles. That’s because if you work on later machines, any modification you do to the engine, intake, exhaust system, or driveline of a motorcycle puts you in violation of the federal Clean Air Act of 1979. Unfortunately, this is how many small shops, manufacturers, and bike builders currently make their living. If you want to preserve your livelihood, now is the time to get involved.

Tampering

There is a section in the Clean Air Act of 1979 concerning “tampering,” which makes it illegal to modify or remove any component designed to reduce or control exhaust emissions, including intake or exhaust noise. Removing the catalytic converter on a car, or a new motorcycle constitutes tampering. So does replacing an engine component with anything other than stock or direct replacement components. Violating this anti-tampering law opens you up to a fine of up to $10,000 per occurrence. An occurrence is logged each and every day the modified vehicle is operated on public streets. That means a possible fine of up to $10,000 per day for every modified motorcycle that comes out of your shop. (This is the maximum fine, not necessarily what the EPA will impose.)

What work can you do without violating the anti-tampering law? The EPA says that, by law, all you can change is accessories that do not affect how the bike performs emissions-wise, such as chassis improvements, color, and chrome changes. No engine, intake, exhaust, or driveline modifications allowed. Ditto for six-speeds, fat rear tires, and sprocket or pulley changes. Anything that can cause the engine to work harder, rev differently, etc. is not allowed. So how long can you stay in business if you lose the vast majority of your engine work or only work on pre-1979 motorcycles?

Motorcycles did not have emissions controls put on them until 1979, so any engine or driveline modifications are legal on 1978 and earlier bikes.

Most shops have not been concerned with the anti-tampering laws because the enforcement in the aftermarket motorcycle industry has been very lax. A large number of shops, individuals, and even some manufacturers do not even know these laws exist, much less that they apply to motorcycles. Manufacturing and selling components designed to defeat highway vehicle emission control devices has been illegal since the Clean Air Act was passed in 1977. The companies that make the parts you install put that disclaimer on the package to protect themselves. However, we’re not so sure it will protect them or you if the enforcement level rises, which it’s dong already. Case in point: On a recent trip out west, Editor Chris Maida talked with one California bike builder who has already been visited by CARB officials and has been slapped with violations for some of the bikes in his shop. And he’s not the only one. We also all know what starts in California soon finds its way across the country.

The new emissions rules were published in the Federal Register, Volume 69, No. 10. Here’s the text about tampering from page 2,403: “F. Modification, Customization, and Personalization of Motorcycles. Many motorcycle owners personalize their motorcycles in a variety of ways. This is one of the aspects of motorcycle ownership that is appealing to a large number of motorcycle owners, and they take their freedom to customize their bikes very seriously. However, there are some forms of customization that are not legal under the provisions of Clean Air Act section 203(a), which states that it is illegal: for any person to remove or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this title prior to its sale and delivery to the ultimate purchaser or … after such sale and delivery to the ultimate purchaser … or for any person to manufacture or sell … or install, any part or component intended for use with … any motor vehicle … where a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design installed on or in a motor vehicle … in compliance with regulations under this title, and where the person knows or should know that such part or component is being offered for sale or installed for such use or put to such use. … In other words, under current law, owners of motor vehicles cannot legally make modifications that remove, bypass, or disable emission-control devices installed by the manufacturer. It is also illegal for part manufacturers and dealers to manufacture, sell, or install a part or component that the manufacturer or dealer knows or should know will be sold or used in a manner that defeats the emissions control system.”

What all that means is that it’s illegal, and has been since 1979, to change engine components like air cleaners, cams, pistons, heads, flywheels or crankshafts, carburetors, fuel injection modules, intake manifolds, or exhaust pipes on street motorcycles unless the finished bike has been tested and the amount of emissions the motorcycle produces did not increase. Changing gear ratios and putting on a fatter rear tire can also affect emissions because motorcycles are emissions-tested as a complete vehicle, not as individual components. Changing these components can alter how much a throttle is opened to get the motorcycle to a set speed, which may increase the emissions it produces. Almost every aftermarket motorcycle shop, in this country and many OEM shops as well, has made, or is making these modifications. As we stated in the beginning of this article, this is your way of business; this is how you make a living.

The New Rules

The rule goes on to say, “The new emission standards that we are adopting do not change this ‘tampering’ prohibition, which has been in the Clean Air Act for more than 20 years. Part manufacturers are still free to make parts, dealers are free to sell and install parts, and owners are free to customize their motorcycles in any way, as long as they do not disable emission controls or cause the motorcycle to exceed the emission standards. Owners are also free to perform routine maintenance on their motorcycles to restore or maintain the motorcycle engine and related components in their original condition and configuration.”

The key phrase here is “original condition and configuration.” That means an 88-cubic-inch Twin Cam engine, for example, cannot be stroked or bored out to make it a 95″ or larger engine unless the new engine configuration has been tested and certified to meet the emissions limits that were in effect when the motorcycle was new. And, as we all know, that is a very popular upgrade on a Twin Cam.

Do you build custom motorcycles in your shop and sell them for use on the road? Do you build your own bikes to ride? Do you take one of each of your bikes/models to an EPA-certified test facility for compliance testing before you offer them for sale or ride them on the public roads? The EPA even requires testing for noise levels as part of its vehicle certification process. Every motorcycle since 1979 has been required to display an EPA Certificate of Conformity. If you have not been having the bikes you build tested for compliance you are technically in violation of the federal Clean Air Act. The same anti-tampering fines apply to you unless you spend the thousands of dollars required for testing to certify that your bikes/models conform to the EPA standards for the year you built the motorcycle.

For the first time, starting in 2004, the EPA has allowed some exemptions that allow you to build highway motorcycles and ride them without having them tested. Here are some excerpts from the EPA release: Kit Bikes: An individual is allowed to build one motorcycle (kit bike) for personal use without an EPA certificate. The individual is allowed only one exempt kit bike per lifetime. Any other kit bikes that an individual decides to make must meet the emission standards and be certified with the EPA. The exempt kit bike may not be sold until five years after assembly.

Display Exemptions: A manufacturer may sell or lease 24 custom motorcycles per year for display purposes. These display motorcycles can only be operated on public streets and highways for the purpose of going to and returning from shows or other places where the motorcycle will be displayed. To qualify under the display exemptions, a tag must be permanently attached somewhere on the motorcycle stating that the motorcycle is exempt from EPA emissions requirements and that its use on public roads is limited. EPA must also be notified before the builder sells the motorcycle.

Prior to September 2005, we believed and had been told by the EPA that we were correct, that these exemptions did not come into effect until 2006. During a September 8, 2005, meeting with EPA officials it was discovered that, due to an arcane numbering system for the rule, these exemptions actually had been in effect since March 15, 2004.

New Possible Changes

The EPA and CARB (California Air Resources Board) are going to join forces for a Technology Progress Review in 2006. The EPA will use the results of this review to propose any changes to the rule it feels may be warranted. Your input is critical if you intend to stay in business. One possible change that has been requested is the development of a program that would apply emission standards to motorcycle engine manufacturers. In the rule, on page 2,404, the EPA suggests, “It is our view that a program could be structured such that small volume motorcycle manufacturers could purchase certified engines directly from an engine manufacturer. We believe that such a program could be structured such that it is both fair to the engine manufacturers and beneficial to small volume motorcycle manufacturers. Under one possible approach, small volume motorcycle manufacturers could choose to use certified engines and to accept the calibration or configuration of a certified engine that they purchase for use in their motorcycles. Small volume manufacturers would not be required to use certified engines, but if they chose either to use uncertified engines or to change the calibration or configuration of the certified engines they use, then they would have to independently certify their motorcycles to the applicable emission standards.”

While this sounds like an easy solution at first, it’s not once you think it through. To qualify, you would be required to use the certified engine’s complete package — from the air cleaner through the exhaust system, and possibly even the transmission, gearing, and tire sizes stated, as well as the finished motorcycle weight limits — in your custom-built motorcycle to qualify for the EPA Certificate of Conformity. If you change any of these parts, you could still be required to spend thousands of dollars to have your motorcycle tested for emissions compliance since your modifications could have changed the engine’s emissions.

Here’s another point to consider: If this change to the EPA law goes through, how much more are you going to have to pay to get a “certified” engine package? A package that will include the required non-programmable fuel injection module, exhaust system, and quite possibly the entire driveline except clutch, wheels, and tires. That answer will depend on how strict the enforcement is and what the individuals, shops, and manufacturers will stand for. It will also be influenced by how many engine and frame builders, manufacturers, shops, and bike builders can stay in business under this proposed new regulation. Also, if the proposed certified engine regulation becomes the only way to build a custom motorcycle, it’s very possible that each state will require an EPA certificate of conformity to register a custom-built motorcycle. In fact, some states, like California and Connecticut, are already requiring them.

The MIC, MRF, SBA & EPA

During the Motorcycle Riders Foundation’s (MRF) discussions with the EPA, it learned that the Motorcycle Industry Council (MIC), through its American V-Twin Aftermarket Committee, had asked for a “letter of guidance” from the EPA. The MIC, like the MRF, has been in negotiations with the EPA about these previously mentioned issues for some time, and it has been trying to get aspects of these rules changed. However, by requesting this process, the MIC would have stopped the normal EPA public hearing or comment period on the new rules.

So the MRF notified the EPA that the proposed letter of guidance for the MIC would ultimately give several large companies an unfair advantage in the industry.

The MRF also notified the EPA that the MIC only represents its members — some of the industry’s manufacturers and distributors — not the custom motorcycle industry as a whole and in no way does it represent or is it in discussions with many independent dealers, manufacturers, and local custom shops. Thankfully, the EPA agreed and has been very willing to talk with the MRF about other ways of achieving its goal of cleaner air, without putting small businesses in jeopardy. The MRF did this because, though the MIC did not request the letter of guidance to put other companies out of business (Editor Chris has many friends on the MIC and knows this to be true), the MRF believes the rules the MIC is trying to implement would inadvertently be detrimental to the industry, particularly small shops and builders. If the letter of guidance had been issued, the normal EPA public hearing or comment period on the new rules would have ended and the rest of the industry would not have been able to have its concerns and input heard by the EPA.

Unfortunately, many shop owners that we’ve talked with still do not realize what is going on. Many believe the EPA and state governments will not enforce the new laws, like they didn’t enforce the old laws, and it will be “business as usual.” However, if enforcement is ratcheted up, especially in response to noise complaints, the resulting penalties may be the financial ruin of the smaller shops, manufacturers, and bike builders in the motorcycle aftermarket industry. Innovation will suffer and product choices will go down drastically.

As stated earlier, several California shops have already been given violations by CARB officials for bikes that did not conform to state regs.

While the high profile of custom motorcycles has been good for business, it may also lead to the demise of portions of the aftermarket industry. If local shops are reluctant to install aftermarket components because of the possibility of EPA fines, what is going to happen to the businesses that build those parts? If more OEM shops refuse to work on modified motorcycles, or possibly not even take them in on trade, how many customers are going to have any of those modifications done? Where does that leave you? And if you have a modified motorcycle, what will it be worth, since no one can ride it without getting a severe fine if he’s caught on the road? If you are a small shop, builder, or manufacturer the time for action is now if you intend to preserve and protect your business. You need to band together to be fairly represented. Understandably, the large aftermarket players are looking out for their interests with the MIC, which is why the MIC was formed. That’s the smart way of doing and protecting your business, since there’s strength in joining forces. And although you cannot join the MIC, you can be represented by the MRF.

When the EPA was working on this rule it was required to consult with the Small Business Administration (SBA) to determine its impact on businesses like yours. SBA held a panel discussion with small business to see what needs to be done to insure they will not be regulated out of existence. Unfortunately, very few business owners showed up to talk with the SBA and express their concerns. The MRF is currently working with the SBA to see if there is any way it can help. The good news is that the SBA is the protector of small business in America and the EPA does not want to put people out of business, so it is willing to entertain ideas that will let it achieve its goal of clean air while allowing business to survive and thrive.

Photo by Sam Dixon and some incentive to get involved.

A Better Solution

There is one more option that the MRF is working on in conjunction with several aftermarket companies. We’re exploring the possibility of a “non-conformance payment.” This would be a pay-to-play type of variance to the rules. Under this type of rule, the EPA would collect a payment for each non-certified engine or motorcycle produced, either by a business or individual, to allow that motorcycle to be registered and used legally on the road. Ideally, if a small engine manufacturer can meet the certification requirements, he will not have to pay, but if a builder uses that engine in a non-conforming chassis or modifies the engine, the bike builder or engine modifier would then have to make the payment. This setup would allow for business as usual, as well as protect the garage builder, allowing for innovation and individualism while still going a long way toward protecting the air we all breathe.

American Iron Magazine is strongly supportive of the MRF taking the lead to represent its members and help the aftermarket industry’s small shops, manufacturers, and small-volume bike builders find a solution to this issue both through the EPA, SBA, and, if necessary, Congress. The MRF’s interest in this project is to preserve the lifestyle of motorcycling as we know it. The MRF does not have a financial interest in, nor does it want to be financially involved with, businesses. The MRF does feel, however, that the survival of the small shops, custom builders, and manufacturers is in the best interest of its members. The MRF is the only national organization that represents only street motorcyclists. Its funding comes from individual members and the State Motorcyclist Rights Organizations.

Conclusion

Now that we have the ear of the EPA, it’s time to make your voice heard. The MRF needs your input and support, so your business can be fairly represented and the motorcycling lifestyle we all currently enjoy can be protected. Instead of writing letters to just one government agency, put your concerns in a letter to the MRF. In the February issue of American Iron (and posted here on Bikernet tomorrow) there will be a questionnaire to fill out and send to the MRF so that it can get the answers to very important questions about the viability of your business. The February issue’s How It Works feature will also explain everything you need to know to fill out this form. Some of the questions it will ask are: What will the new rules do to your business? Will you have to lay off workers? Will you have to close your doors for good? What is the dollar value of the business you may lose compared to your total revenue? With this written information from you, the MRF will be able to use your input in a variety of forums, from federal agencies to Congress and the White House. Then the MRF can walk into a meeting and show the officials a compilation of concerns backing up what we have been telling them. With your timely and important input, the MRF will get the results it needs to protect your business and, thereby, the lifestyle and choices of our members.

If you as an individual want to keep building your own custom motorcycles without someone telling you what you can and cannot use, or even how long you have to own your custom motorcycle before you can sell it, the MRF needs to hear from you, too. Letters should be sent to: Motorcycle Riders Foundation, Dept. EPA/AIM, 236 Massachusetts Avenue NE, Suite 510, Washington, DC 20002-4980.

Author’s Note: My editorial to the Fremont Paper aboutthis incident has been picked up nationally, and BOLT sent letters fromtheir lawyer to the Fremont mayor and city council. Hope it makes a difference:

With terrorists blowing up cities, and illegal immigrants flooding over our borders, I wondered why some cops do what they do.

My wife and I were out for a ride today, breaking in our new Road Glide before we leave for Sturgis in two weeks. We rolled down Interstate 680 to Niles Canyon road, since I haven’t been there in a while, and I wanted to take my wife to the Florence, an old school biker bar nestled at the end of a great canyon ride.

As we rolled into town, I noticed a motor cop sitting in a parking lot, and I checked my speed. Five miles an hour under the limit, so I figured I was good to go. Wrong. Next thing I knew, I got lit up like a Christmas tree. I figured, what the fuck, I hadn’t been drinking, still had stock pipes on the Glide, and no ape hangers yet either. The cop jumped off his bike and came over and yelled that he pulled us over for illegal helmets.

As a former ABATE local president, I kind of had an idea on what the routine was, but nothing prepared me for this asshole cop. First, he grabbed my helmet without getting consent to search, and informed me he was writing me a ticket for an illegal helmet. He said that I could either let him take pictures of my helmet, or he would confiscate them. Then, he told me that in order to proceed; I would have to walk 3 blocks down the street to a head shop/pornography store, where, most conveniently and suspiciously, there were DOT “legal” helmets available for sale for $40 bucks.

The officer then informed me if I drove off with my old helmet, he would arrest me, and my wife, and impound my two-week old bike. Throughout the entire affair, I told the officer that my helmet was not illegal and that I believed it was legal. The cop then made me park my bike and walk 3 long blocks in 90 degree heat, where my wife and I went inside the porno store to check out the helmets. The idiot behind the counter obviously enjoyed the fact that he was getting all this revenue on an otherwise slow day…

so the wife and I left the store without buying shit.

We went across the street and my wife had a beer and we thought about our next move.

There was a cool dude out front on a Panhead who obviously knew the routine in this town, and he loaned me his “DOT” approved helmet so that I could walk back down the street and retrieve my bike. When I got back to the bar, I asked my wife what we were going to do. She said, let’s make a break for it! (God I love my wife.) So, we put on our “illegal helmets”, dropped the bike into 1st gear, and peeled the fuck out of Dodge.

We jammed out of Fremont as fast as we could and had a great ride for the rest of the day. I know there are a lot of Bikernet readers in the Bay Area, CA, so I just wanted to warn everyone. Stay out of Niles; if I had a few drinks before we rolled into town, it woulda been hell. I’m going to fight this ticket, and I will keep everyone posted.

Ride Free!