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legislation Archives — Bikernet Blog - Online Biker Magazine

May 10th – Your Weekly Biker Bulletin from Inside the Beltway

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Keith Ball illustration – designed to bring less expensive, light vehicle, two tiered additional lanes to congested areas

Capitol Hill Update

Full Court Press

This week the MRF team in Washington met with 24 congressional offices to discuss motorcycle priorities with an emphasis on H. Res 255, the anti-motorcycle profiling resolution. The strategy to get this resolution passed is simple; we need to get as many co-sponsors added to the resolution as possible. A large number of co-sponsors demonstrates support for the resolution and helps let Congressional leaders know that there is broad political support for passing the resolution.

Last year, the House version of this resolution had 39 cosponsors. This year our goal is to get that number above 60. Since the resolution was introduced six weeks ago, we have garnered 22 cosponsors including seven that were added just this week. The letters sent by MRF members and our meetings on Capitol Hill are helping build momentum, but we need to keep the pressure up. The DC team will continue to meet with congressional offices and Bikers Inside the Beltway is a great opportunity for motorcyclists to educate lawmakers about this issue.

We are casting a wide net hoping to gain support from a variety of different states. Our meetings this week were with members of Congress from 21 different states. Currently, Illinois is leading the way with five co-sponsors on the resolution. We will keep you updated on our meetings and the growth of our co-sponsor list.

Transportation Priorities

Late last week, the House Transportation and Infrastructure Committee asked its members to submit a list of surface transportation priorities. This list will help guide the committee in building an agenda for hearings and legislation in the coming months. Congressman Troy Balderson (R-Ohio) submitted this request to the committee: “Direct NHTSA to reevaluate the federal definition of a motorcycle (the current definition of a motorcycle includes autocycles).”

Congressman Balderson was first elected to Congress in August of 2018 to fill a vacancy created by a retirement. He won reelection three months later and is now serving his first full term in Congress. The Congressman is a motorcycle rider and recently joined the House Motorcycle Caucus. He has shown a desire to learn more about legislative issues motorcyclists face and with his position on the Transportation and Infrastructure Committee hopes to play a leading role in advocating for the motorcycle community. We are excited about our new ally and advocate and look forward to working on a variety of issues with him.

Letter sent to NHTSA Seeking Clarification on the Definition of a Motorcycle

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The Motorcycle Riders Foundation would like to thank Congressman Michael Burgess (TX) and Congressman Tim Walberg (MI) for a letter they sent this week to the National Highway Traffic Safety Administration (NHTSA) seeking clarification regarding the definition of a motorcycle. In addition to Congressman Burgess and Congressman Wahlberg, the following U.S. Representatives joined their colleagues in signing the letter: Congressman Troy Balderson (OH), Congressman Doug Lamborn (CO), Congressman Collin Peterson (MN), Congressman Steve Stivers (OH) and Congressman Glenn “GT” Thompson (PA). The current definition is decades old and so broad that new vehicles on our roadways, with numerous carlike features, are defined as motorcycles.

“As you know, NHTSA has long defined a motorcycle as a ‘motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.’ While this was a clear characterization for many years, the recent emergence of a new class of vehicle that has attributes of both automobiles and motorcycles has created confusion,” the members wrote. “We respectfully request a response that describes whether NHTSA believes the current federal definition of a motorcycle is appropriate and if not, what NHTSA is doing to address this issue.”

The ambiguity of the classification of these new vehicles as either motorcycles or autocycles has created a patchwork of rules and regulations at the state level for licensing, registration and insurance. The MRF believes that a review of this definition is needed and would help provide clarity to states when making decisions on how to appropriately regulate them. We thank these seven members of Congress for seeking clarification from NHTSA on this issue of importance to motorcyclists.

President of the MRF, Kirk “Hardtail” Willard, stated “For three years our members have asked us to tackle the federal definition of a motorcycle. This letter is the first step in helping us understand the current thought process of NHTSA and hopefully opens up a dialogue on the topic. We thank this bipartisan group of Congressmen for their leadership on this issue.”

Link to the Letter:
https://burgess.house.gov/uploadedfiles/04112019_burgess__walberg_letter_to_nhtsa.pdf

Weekly Biker Bulletin from Inside the Beltway April 5th 2019

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RIDING FREE FROM DC

Your Motorcycle Riders Foundation team in Washington, D.C. is pleased to provide our members with the latest information and updates on issues that impact the freedom and safety of American street motorcyclists. Count on your MRF to keep you informed about a range of matters that are critical to the advancement of motorcycling and its associated lifestyle. Published weekly when the U.S. Congress is in session.

Capitol Hill Update

Ground Game
Last week the MRF issued a call to action regarding H. Res 255 the Motorcycle profiling bill introduced by Congressmen Walberg (MI), Burgess (TX), Peterson (MN) and Pocan (WI). Since last week, MRF members have sent over 2,000 letters to their lawmakers. The resolution started with four cosponsors, and a week later we have doubled that number to eight cosponsors.

A great example of how reaching out to your lawmaker can lead to results comes to us from the motorcycle community in New York. Congressman Lee Zeldin of New York received the most letters of any member of Congress. His office received over 100 letters asking him to cosponsor H. Res 255. And wouldn’t you know it, Congressman Zeldin jumped on as a cosponsor within days of receiving those letters.

However, all members of Congress are not as receptive to their constituents as Congressman Zeldin. However, one thing is for certain, if a Member of Congress doesn’t know a bill or resolution exists, they will not be a co-sponsor.

Cosponsors by State
Illinois – 1
Michigan – 1
Minnesota – 1
Missouri – 1
New York – 1
Texas – 1
Washington – 1
Wisconsin – 1

States who have sent the Most letters

  1. New York
  2. Texas
  3. Louisiana
  4. South Dakota
  5. Wisconsin
  6. Pennsylvania
  7. Arizona
  8. Minnesota
  9. Michigan
  10. California

DC Game
While we ask our members to contact their lawmakers, we in D.C. have been hitting the pavement to meet with lawmakers about motorcycle issues. Below are brief summaries of some meetings we had this week:

Congressman Walberg (MI) – We met with Congressman Walberg to personally thank him for introducing the profiling resolution. He is excited about our membership’s enthusiasm and support for the resolution and said he would work on driving co-sponsors.

Congressman Rodney Davis (IL) – Congressman Davis is the Ranking Member of the Transportation Subcommittee on Highways. He was VERY aware of our concerns regarding autonomous vehicles and the safety issues surrounding the ability to read and react to motorcycles. The Congressman mentioned that in congressional hearings he would be willing to ask regulators about these concerns. He also said that in his sophomore year of college he was forced to sell his motorcycle to buy books but that he remains a fan of the motorcycle community. Congressman Davis joined the profiling resolution as a co-sponsor this week.

Congressman Ken Buck (CO) – Congressman Buck said that ABATE of Colorado has been very vocal in his district and he was happy to co-sponsor last year’s profiling resolution. He will again consider co-sponsoring this year’s version. As a member of the House Judiciary Committee which has jurisdiction over the resolution, Congressman Buck signing on would be an important win for the resolution.

MRF Events

Register for Bikers Inside the Beltway
As we approach May 21st and Bikers Inside the Beltway 2019, we are encouraging you to go online to www.mrf.org/events and register for the event so we can start planning for the event.  If you signed up after last week’s update, we thank you for committing to joining us in Washington, D.C. for lobby day.  If you are still on the fence, you can go check out the flyer or contact us if you have questions about the event.

Meeting of the Minds 2019
Meeting of the Minds 2019 registration is now live on the event page. ABATE of Minnesota will be hosting the event in Bloomington on September 19th-22nd. You can register and order an event t-shirt in advance of the conference.  As a member of the MRF, you will receive a discounted registration rate for the event. To read more about the event and the hotel information, you can download the event flyer here.

The Motorcycle Riders Foundation Team in D.C.

Rocky & Tiffany

NCOM News Bytes For March 2019

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NCOM News Bytes For March 2019

Fallen Riders, Mongols Patch, Anti-Profiling, Lane Splitting, California Autobahn, Helmet Laws and more

SUBSCRIBE TO BIKERNET.COM NEWSLETTER FOR FREE

Compiled & Edited by Bill Bish

THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to Injured Motorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the Law Offices of Richard M. Lester. If you’ve been involved in any kind of accident, call us at 1-(800) ON-A-BIKE or visit www.ON-A-BIKE.com.

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

SUBSCRIBE TO BIKERNET.COM NEWSLETTER FOR FREE

CLICK HERE TO READ THE MARCH 2019 NEWS FROM NCOM

RIDING FREE FROM DC: Your Weekly Biker Bulletin from Inside the Beltway

By | General Posts

Your Motorcycle Riders Foundation team in Washington, D.C. is pleased to provide our members with the latest information and updates on issues that impact the freedom and safety of American street motorcyclists. Count on your MRF to keep you informed about a range of matters that are critical to the advancement of motorcycling and its associated lifestyle. Published weekly when the U.S. Congress is in session.

Capitol Hill Update

Republicans Pressing Democrats
With Democrats now the majority party in the House of Representatives, they control the committee chairmanships and thus control the agenda for each committee. The House Energy and Commerce Committee, who has jurisdiction over autonomous vehicle technology, is now chaired by Frank Pallone of New Jersey. This puts Republicans in a role they not been in since 2010, seeking the help of Democrats to tackle legislative priorities.

Republican Greg Walden of Oregon, the previous chairman and now ranking member as well as Congresswoman McMorris Rodgers of Washington and Bob Latta of Ohio sent Chairman Pallone a letter regarding the need for Congress to act on autonomous vehicles legislation.

“We write to urge the Energy and Commerce Committee to take up bipartisan self-driving vehicle legislation. Last Congress this Committee worked across party lines to draft H.R. 3388, the Safely Ensuring Lives Future Deployment and Research in Vehicle Evolution Act (SELF DRIVE Act). The SELF DRIVE Act was an example of this Committee at its very best: working together, across the aisle, to develop legislation that will advance lifesaving technology. As a result of our deliberative, transparent, and bipartisan process, the Committee voted unanimously, 54 yeas and 0 nays, to report the SELF-DRIVE Act to the House floor where it again passed unanimously. Unfortunately, the Senate failed to act on the bill,” Walden, Latta, and Rodgers wrote.

The MRF has and continues to educate members about the safety concerns for motorcyclists and autonomous vehicles. We believe that any bill dealing with autonomous vehicle technology should include provisions that ensure the safety of roadways users including motorcyclists. We will keep you updated on any movement of legislation related to this emerging technology.

Transportation Bill
The current transportation bill, which funds federal surface transportation programs, expires in September of 2020. The previous bill known as the FAST Act provided $281 billion for transportation projects. The Transportation Committee and specifically the Highways Subcommittee has begun the process of drafting the reauthorization bill.

At a recent hearing Highways Subcommittee Ranking Member Rodney Davis of Illinois laid out his four priorities for new legislation:

“First, the Highway Trust Fund is not able to meet our surface transportation needs as they stand today, let alone our future needs. Congress and the Administration must come together and find a way to shore-up the Highway Trust Fund, providing sustainable funding for our Nation’s surface transportation programs.

Second, while our current surface transportation system has significant needs, we must also begin to prepare for the future. Underinvestment has taken its toll on the system’s ability to move people and freight – we face increasing congestion, delays, and safety issues. Not only is adequate infrastructure investment important to mobility, it also creates jobs and allows our economy to prosper.

Third, as the reauthorization process moves forward, it is essential that we find ways to build more efficiently – to stretch the federal dollar. We need to identify and attack hidden project costs by streamlining the project delivery process and reducing burdensome regulations.

And lastly, by incorporating technologies and other innovations, we have the opportunity to increase safety and efficiency in our surface transportation system.”

The MRF has a meeting scheduled with Congressman Davis in early April to discuss transportation-related issues and ensure that the motorcycle community is not overlooked when Congress addresses transportation issues. We will update you about our conversations in the coming weeks.

Google It
This month the House Motorcycle Caucus updated its website for the 116th Congress. One addition of note is the inclusion of the Motorcycle Riders Foundation to the list of “related organizations”. Previously only the American Motorcycle Association and Motorcycle Industry Council were listed in this section of the website.

While not earth-shattering news, this small addition to the website is a simple example of how the MRF continues to raise our profile on Capitol Hill. If you haven’t visited the House Motorcycle Caucus website, we encourage you to take a few seconds and look around.

House Motorcycle Caucus

MRF Event News – Bikers Inside the Beltway 2019
The 11th Annual Bikers Inside the Beltway is scheduled for Tuesday, May 21st. Schedule too jammed to attend Bikers inside the Beltway? Please go to www.mrfae.org to make a tax-deductible contribution of $10, $20, $50, or $100 to raise funds needed to offset the administrative and printing costs of sponsoring BITB 2019. Motorcycle Riders Foundation Awareness & Education, Inc. (MRFA&E) is a not for profit 501 (c) 3 and sponsors BITB with an awareness presentation to members of Congress.

OR … Mail your contribution to:
Motorcycle Riders Foundation Awareness & Education, Inc.,
2221 S. Clark St.; 11th Floor
Arlington VA 22202

Your support of BITB is greatly appreciated! The efforts to promote and protect the rights of motorcyclists could not be done without members such as yourself.

Tiffany & Rocky
The Motorcycle Riders Foundation

California: Anti-Gun Joint Resolution Passes Assembly Public Safety Committee

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On Tuesday, March 12, the Assembly Public Safety Committee was scheduled to hear anti-gun bills, AB 12, AB 276 and AJR 5. AB 12 and AB 276 were both pulled from the agenda and are expected to be rescheduled for a later date. AJR 5 passed by the Committee and is eligible for third reading on the Assembly floor at any time.

Please contact your State Assembly Member using our TAKE ACTION LINK below urging him/her to OPPOSE AJR 5.

https://act.nraila.org/actions/campaigns/5874

Assembly Joint Resolution 5,  sponsored by Reggie Jones-Sawyer (D-59) would urge the federal government to adopt universal firearm laws using California as an example. California is far from the example when it comes to firearm laws. Lawful gun owners must navigate a maze of gun laws that are ever changing. Each year the legislature considers numerous proposals that continue to place additional restrictions and costs on lawful gun owners while ignoring the fact that criminals are already ignoring the hundreds of laws on the books.

Continue to check your inbox and the California Stand and Fight webpage for updates on issues impacting your Second Amendment rights and hunting heritage in California.

JOIN NRA – https://membership.nra.org/Join/Annuals/Prospect

National Rifle Association of America, Institute For Legislative Action.

California State Parks OHV grants and cooperative agreements program

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California State Parks OHV grants and cooperative agreements program seeking public comments – AMA Action Alert

The American Motorcyclist Association believes you may be interested in providing input to the California State Parks Off-Highway Motor Vehicle Recreation Division. This period provides an opportunity for the public to review and provide factual comments to the preliminary applications submitted for consideration during the 2018/19 grant cycle.

To review and comment visit olga.ohv.parks.ca.gov/egrams_ohmvr/user/home.aspx for more information. The public review and comment period the began on Tuesday, March 5, and ends at 5 p.m. Monday, May 6.

You may also submit your public comments in writing to the OHMVR Division at the address below.

California State Parks
OHMVR Division
1725 23rd St.,
Sacramento, CA 95816
Attention: Grants Manager

If you are not yet an AMA member, please join the AMA to help us fight efforts to restrict responsible motorized recreation. More members means more clout against our opponents, and your support will help us fight for your riding rights – on the road, trail, racetrack, and in the halls of government. To join, go to AmericanMotorcyclist.com/membership/join.

Please follow the AMA on Twitter @AMA_Rights and like us on Facebook.

Thank you in advance for your interest in this important program. If you submit written comments please email a copy to the AMA at grassroots@ama-cycle.org.

An Eye on Recent Motorist Rights Court Cases

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FROM National Motorists Association https://www.motorists.org

Motorist rights cases have made news and even history recently. There have been so many as of late, we are dedicating two separate newsletters to provide some insight on the legal rulings that are affecting drivers around the country.

This week’s newsletter focuses on recent rulings and pending US Supreme Court and federal court cases. Part 2 next week will outline state court decisions.

TheNewspaper.com, featured prominently in these two newsletters, is a great supplement to the NMA’s Motorists.org site for the latest news and opinions on the politics of driving.

The US Supreme Court (SCOTUS)

Last week’s unanimous decision that curtails excessive government fines and property seizures has provided further impetus for one of the NMA’s primary lobbying initiatives: civil asset forfeiture (CAF) reform. The decision received broad bipartisan praise. Justice Ruth Bader Ginsburg wrote in the ruling that the excessive fines clause is a fundamental restriction that applies to the states under the due process clause of the Fourteenth Amendment. While the SCOTUS decision is monumental, the fight is far from over. Some states still allow the seizure of property from citizens — motorists are prime targets — who have never been charged with a crime. Our work for reform at the federal and state levels continues in earnest.

Additionally, SCOTUS accepted a case in January that will decide whether an unconscious drunk person has given implied consent for a blood draw to determine alcohol level. The case might resolve an important constitutional question: Can state legislatures obviate the warrant requirement by “deeming” that citizens can consent to Fourth Amendment searches without explicitly expressing that consent?

Federal Appeals Court Cases

Judges for the Fifth Circuit Court of Appeals ruled in late January that a person driving a registered vehicle on a public road is not “reasonably suspicious.” Federal authorities appealed a motion to suppress evidence obtained from a border patrol traffic stop in Freer, Texas. The driver turned onto a public road that happened to bypass a checkpoint 50 miles inland from the Mexican border. The U.S. government has declared anything within 100 miles to be under Border Patrol jurisdiction. The Court ruled that turning onto a road that is “known” for smuggling in a truck registered to an individual is not enough to support reasonable suspicion. If it were, then virtually anyone driving within 100 miles from the border could automatically be deemed suspicious.

In December, judges in the Eighth Circuit US Court of Appeals ruled that it is appropriate for officers to use force to ram a driver with an expired registration sticker off the road. The driver sued the Arkansas state trooper for using excessive force and a US District Judge agreed with the plaintiff that the officer was out of line. She felt that at the time the trooper turned on his lights to make the stop, she could not reasonably do so on the shoulder which was unlit, dark and narrow. She continued to drive 20 mph under the speed limit for 42 seconds to find a safer spot, but after she passed an exit the trooper used a precision immobilization technique (PIT) maneuver to push her vehicle into a ditch. She and her young daughter were both injured. The Appeals Court sent the case back to the same district judge who now must determine if the lawsuit can proceed on the basis of malicious intent.

In early February, the Ninth US Circuit Court of Appeals ruled that police do not need a reason to place American citizens on a ‘Suspicious Person’ list. Judge Milan Smith wrote, “Tips and leads required only ‘mere suspicion,’ a lower standard than the reasonable suspicion required for criminal intelligence data and is up to the discretion of law enforcement and other government officials. This case is chilling in the sense that the government can put anyone on the list for not much more than a whim.

The Ninth Circuit US Court of Appeals ruled in January that police cannot demand ID from car or truck passengers without a reasonable suspicion of a crime. The judges agreed that in this Arizona case, the US Supreme Court ruling in Rodriquez v. US, which prohibits police from prolonging a traffic stop by asking unrelated questions, established precedent.

In January, the Eleventh Circuit US Court of Appeals upheld a traffic stop over a fast blinker. Apparently, driving with a turn signal that flashes “too fast” is potentially a criminal act in Georgia. The blinker was actually working properly; the Georgia Code does not stipulate how fast a turn signal should blink, only that all equipment be kept in “good working condition.” The appellate panel suggested that the plaintiff’s blinker was not in compliance because it was in working condition, just not “good” working condition. American jurisprudence at its best.

Check out Part 2 next week when we showcase recent state cases that could impact motorists.

The National Motorists Association is a membership-based organization dedicated to protecting the rights of the motoring public.

Motorcycle Profiling is Official Daytona PD Policy

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Video footage obtained by the MPP from the North Florida Council of Clubs confirms that motorcycle profiling is not only widespread in Daytona Beach, but it is also official law enforcement policy. In the words of Daytona PD Chief Craig Capri, “If you wear your colors [in Daytona Beach], you’re going to get stopped.” This official policy is unconstitutional and exposes the entire Daytona PD to civil liability. This video evidence also justifies a cost-free legislative solution in the form of a simple prohibition against motorcycle profiling combined with relief for victims.

Chief Capri’s Statement Proves Unconstitutional Practices Are Policy

Without any other evidence, Chief Capri’s Statement alone proves that the Daytona PD profiles motorcycle club members as a matter of policy. This official policy irrefutably violates the 1st, 4th, and 14th Amendments to the US Constitution.

Federal courts have confirmed that motorcycle club colors are protected by the 1st Amendment. To punish an individual through seizure in the form of a profiling stop anyone “who wears the insignia of [a 1% motorcycle club], without regard to or knowledge of that individual’s specific intent to engage in the alleged violent activities committed by other members, is antithetical to the basic principles enshrined in the First Amendment and repugnant to the fundamental doctrine of personal guilt that is a hallmark of American jurisprudence. see Coles v. Carlini 162 F.Supp.3d 380 (2015)

Chief Capri’s statement also violates the 14th Amendment because it represents Selective Enforcement of the law. Capri’s statement proves that the strategy to use traffic stops as a way to punish those exercising their rights of expression and association is premeditated and selective. In terms of the 4th Amendment, any minor traffic pretext used to stop a club member in Daytona Beach should be presumed invalid.

Exposure To Civil Liability

Motorcycle profiling as a matter of policy implicates the entire Daytona PD at an organizational level. Independent of individual officers and incidents, each profiling stop exposes the Daytona PD as an entity to civil liability. Chief Capri is the highest authority at the Daytona PD and clearly articulates a policy of discrimination and Selective Enforcement. 42 U.S.C. Section 1983 provides:

“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.“

An Epidemic In Florida

The National Motorcycle Profiling Survey validates the Florida’s profiling epidemic. The 2018 NMPS lists Florida as one of the top motorcycle profiling concerns in America. According to the 2018 NMPS, 65% of Florida survey participants reported being the victims of motorcycle profiling at least once since 2012. These survey statistics are 99% reliable with less than a 2% margin of error. (See NMPS Executive Summary 2018).

Despite promises, Daytona PD has failed to address motorcycle profiling

There is a long history and pattern of evidence establishing that motorcycle profiling is engrained in the Daytona Beach PD. And the Daytona PD has made empty promises when caught with their hands in the cookie jar.

While attending the 2017 Biketoberfest rally in Daytona Beach, Florida, members of the Iron Horsemen Motorcycle Club (IHMC) were the target of blatant profiling and discrimination at the hands of the Daytona Beach PD. The incident, caught on videotape as a result of quick thinking, is irrefutable. The impact on civil liberties motivated the combined efforts of the North Florida Council of Clubs, the National Council of Clubs, and the Motorcycle Profiling Project to immediately respond with a formal complaint and public record requests. These inquiries, based on the video, sparked an investigation into the actions of the officers involved and a review of Daytona PD policies regarding motorcycle clubs, said a source inside of Chief Craig Capri’s office. As a result of the State Attorney’s inquiry, a curriculum was supposed to be constructed and all Daytona PD officers were to be re- trained relating to motorcycle profiling.

Unfortunately, almost 2 years later, motorcycle profiling is alive and well in Daytona Beach. As articulated, motorcycle profiling is still official policy.

A Legislative Solution

Motorcycle profiling is a legitimate national policy discussion. In December, the US Senate unanimously approved S.Res.154 which directs all states to follow the lead of Washington State and Maryland by legislatively addressing and condemning the practice of motorcycle profiling. A prohibition combined with injunctive and actual relief for victims is a simple solution with no fiscal impact. A legislative prohibition would immediately increase exposure to the issue therefore reducing incidents of profiling.

The post Motorcycle Profiling is Official Daytona PD Policy appeared first on Motorcycle Profiling Project.

http://www.motorcycleprofilingproject.com/

https://councilofclubs.org