NCOM News Bytes For March 2019
Fallen Riders, Mongols Patch, Anti-Profiling, Lane Splitting, California Autobahn, Helmet Laws and more
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).
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.
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.
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
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.
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.
National Rifle Association of America, Institute For Legislative Action.
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
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 firstname.lastname@example.org.
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.
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.
Utah Appropriations Committee urgently needs push to support Bonneville Salt Flats restoration
Your email support is critically important
As part of its work with SEMA, the Save the Salt Coalition and the Utah Alliance, the AMA recently asked Utah residents to contact their state legislators to ask for their support for a program to restore the Bonneville Salt Flats.
The race track at Bonneville-once 13 miles long-is now less than 8 miles, due to salt erosion. The Utah legislature is considering a 10-year program to dramatically increase the amount of salt pumped onto Bonneville.
As a result of input like yours, the Utah Natural Resources Appropriations Subcommittee has ranked our “Restore Bonneville” budget request No. 4 of 28 budget requests. If it keeps this ranking, Utah’s Restore Bonneville program should be funded in the state budget that will be up for approval in mid-March. The program will dramatically increase the volume of salt being pumped onto Bonneville Salt Flats each year.
We are not finished. Using a Bonneville analogy, we’ve just entered the timing lights for a land speed record. Now the hardest part: the budget requests must still be approved by a second group, the Utah legislature’s Executive Appropriations Committee, which could change the rankings.
Your very important task now is to contact the Utah Executive Appropriation Committee members right away. Please send a personalized email to all the members of the committee now. Their decision will determine if the restoration program gets funded.
Follow this link Take Action to enter your information, and edit our prewritten message to express your personal stance and reasons for supporting this funding.
The prewritten email can stand on its own as written, but it will be MUCH more effective if you edit both the subject line and the content to stress your involvement with the Bonneville Salt Flats. If you are a land speed racer and/or Utah resident, please put that in your subject line and first line of your email. Whether you are a racer, on-site spectator or fan, please add a few sentences describing the importance of Bonneville Salt Flats to you, your family or your business.
Thank you in advance for providing comments. Please forward this alert to any of your Bonneville Salt Flats racer or fan friends and ask them to do so, as well. If you do send a letter, please forward a copy to us at email@example.com.
Now more than ever, it is crucial that you and your riding friends become members of the AMA to help protect our riding freedoms. More members mean more clout against the opponents of motorcycling. That support will help fight for your rights-on the road, trail and racetrack and in the halls of government.
Join the AMA at americanmotorcyclist.com
If you are an AMA member, encourage your friends to join by telling them about the many AMA benefits you appreciate and the role the AMA plays in promoting the motorcycle lifestyle and protecting the future of motorcycling.
Tracy Getty, a World War 2 historian shares the chair, lighting up sparks of love with a Ural sidecar motorcycle. Tracy and her ride named “Wildcat” bring joy to people who never knew what three-wheels and a smile could do.
We bring you a basic background on the craziness of Autocycles and how it is affecting motorcycle industry, riders, insurance and legislation. While there are companies that want a motorcycle classification to avoid car crash testing expenses, there are others who want true innovation and a new understanding of where Autocycles stand in State and Federal law – and it is all really unsteady despite having more than two-wheels.
Harley-Davidson Freewheeler has a 2019 model that rocks. You can own a Ural or a Slinghsot for incredible deals on 2018 models. If you are an actual Trike lover with custom trike business or a custom trike, you would want to know what the financial and legal implications (pronounced as complications) are going to be.
MRF.org discuss with us the legislation on auto-cycles and trikes being bunched together with motorcycles. How this affects the motorcycle industry and motorcycle riders is very important. Trike riders need to know their liability. They need to get benefits as per their vehicles and not as per short-sighted Senator short-cuts to corporate sales.
Raymond Hamilton is back with bizarre, actual laws in the States on kinky sex. Beware, Big Brother is peeking into your bedroom. The Bad Joke Library ventures into worse. You have been warned. Trikes University is now open for admission at Trikes.bikernet.com and a short course material is posted in the Weekly News there.
Tours of scenic landscapes and wildlife reserves on Trikes is catching on in South Africa, Australia and USA. We have just a small dose for you in the Trikes Weekly News. We want to get the dirt on Trike Touring industry and the unique opportunities and experiences it offers to tourists. Expect a full-length feature on that soon.
Ujjwal “Wayfarer” Dey