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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

2019 Screamin’ Eagle Drag Team and H-D Factory Flat Track Team

By General Posts

2019 Screamin’ Eagle / Vance & Hines Drag Team and H-D Factory Flat Track Team Season Previews

Harley-Davidson is excited to share a preview of the 2019 NHRA Screamin’ Eagle/Vance & Hines Drag Team and Harley-Davidson Factory Flat Track Team seasons.

2019 NHRA Screamin’ Eagle/Vance & Hines Drag Team

The Harley-Davidson® Screamin’ Eagle®/Vance & Hines drag racing team opens its 17th season of NHRA Pro Stock Motorcycle competition at the 50th Amalie Motor Oil NHRA Gatornationals, March 14-17 in Gainesville, Fla.

The team will begin pursuit of a 10th Pro Stock Motorcycle championship with a three-rider squad, as Angelle Sampey joins Andrew Hines and Ed Krawiec on Harley-Davidson® Street Rod™ competition motorcycles. The trio of veteran riders have won a combined 12 NHRA Pro Stock Motorcycle titles.

“We will be bringing a formidable team to the track at Gainesville,” said Vance & Hines Motorsports owner Terry Vance. “Three former champions with all the savvy and experience it takes to reach the pinnacle of our sport, backed by a strong team in the pits and Harley-Davidson V-Twin power. We are racing in a very competitive class but we expect to be one of the teams to beat for the championship this season.”

The Harley-Davidson Screamin’ Eagle/Vance & Hines team races competition drag bikes are inspired by the Harley-Davidson Street Rod production motorcycle, an agile middle-weight powered by the liquid-cooled High Output Revolution X 750 engine.

The Gatornationals is the first of 16 Pro Stock Motorcycle events on the 2019 NHRA Mello Yellow Drag Racing Series schedule. After the first 10 events, the points are re-set for the top-10 riders that then qualify for the Countdown to the Championship playoffs (the final six races), with the season ending in November at the Auto Club NHRA Finals in Pomona, Calif.

2019 Harley-Davidson Factory Flat Track Team

The Harley-Davidson® Factory Flat Track Racing Team is preparing to open the 2019 American Flat Track (AFT) Twins season on March 14 at the Daytona TT at Daytona International Speedway in Daytona Beach, Fla. Factory Team riders Sammy Halbert and Jarod Vanderkooi will contest the 18-race AFT series aboard Harley-Davidson® XG750R competition motorcycles prepared by Factory Team partner Vance & Hines Motorsports.

The team will field an all-new XG750R flat tracker for 2019, according to Vance, with a new chassis and a revised liquid-cooled, fuel-injected and race-tuned 750cc Harley-Davidson® Revolution X™ V-Twin based on the production engine originally designed for the Harley-Davidson Street 750 motorcycle.

The Daytona TT will provide an interesting test for the Harley Factory Team and other AFT competitors. A new 0.6-mile course will for the first time utilize the paved front straight of the historic Daytona International Speedway tri-oval, requiring racers to transition from dirt to pavement to dirt on each lap while negotiating left- and right-hand turns and a jump on the dirt section laid out on the infield of the speedway.

Flat track is the most-historic form of American motorcycle racing and Harley-Davidson has been part of the sport since the heyday of the Harley “Wrecking Crew” teams of the 1920s. In 2019 the Harley-Davidson Factory Flat Track Racing Team will compete on a diverse 18-event AFT Twins schedule that includes six miles, five half-miles, three short tracks and four TT courses. After a one-year hiatus So-Cal Half Mile at Perris Auto Speedway in Perris, Calif., (May 11) returns to the schedule.

Back To Basics – How To Change A Rear Tire

By General Posts

Andie’s Garage: The How To’s for Basic Maintenance On Your Motorcycle

I want to share with you the basics of repairs so you can decide if you want to tackle it yourself, or just simply know what happens when you take it to someone else to get repaired.

I like to smoke tires, not drugs! The down side to this addictive behavior? Always replacing rear tires!

Not only do I complete a burnout before each and every pass I make on the drag strip, I like to do them for fun!

CLICK HERE TO READ A HOW-TO GUIDE TO CHANGING YOUR REAR TIRE

Join the Bikernet.com Cantina today for more exclusive Tech and News.

Women on Trikes: “Wild and Crazy” True Stories

By General Posts

With International Women’s Day on 8th March, we would like to showcase two stories from Women on Trikes series. Read how Susan and Nerolie got into triking and why they are living the dream with Trikes.

https://www.touroztrikes.com.au

https://www.rewaco.com

Susan – “Wild and crazy and it felt a little bit rebellious”

A surprise and spontaneous ride to high school on the back of a friends new Trike while living in a small country town in New Zealand, was the very moment I knew I wanted one. It was love at first ride, I was hooked.

At the time I was not old enough to have a car licence, but I will never forget how it felt to be on the back of the Trike. It was cool and it was different, lots of people had two-wheeler bikes, but this chopped up, backyard, custom made Trike was the real deal, it was wild and crazy and felt a little bit rebellious.

I moved back to Australia a few years later, and I never really saw many trikes. Every so often I would look around to buy one, but they were hard to find and never quite what I was looking for.

Most trikes were motorbike conversions but I wanted a long-raked style trike with a low centre of gravity but also one that would not spend more time in the garage being pulled apart and repaired. I’m not a mechanic, I just wanted to ride.

Life got in the way of my dream – kids, family, work all took priority for many years, and a trike was not something I could afford and it was not practical. How would I fit a baby seat to a trike?

In my early forties, the internet had made looking for a trike a lot easier, but they were still hard to find. I was prepared to travel to America to find a trike and bring it back to Australia, as there seemed to be a much bigger selection of trikes overseas than there were in Australia.

I finally came across the custom-made German Rewaco Trikes and could not believe my luck when I discovered they had a dealer in Australia.

I collected my trike around Valentine’s Day and it is still the love of my life. Since owning my trike and racking up nearly 50,000Ks I have met people from all walks of life, been involved in charity and fundraising events which give me a great amount of satisfaction but most of all I just love the wild, crazy rebellious feeling of cruising around Australia.

People young and old still stop and stare, and most fuel stops involve a conversation with a stranger asking what sort of motor it has. I still giggle at the reactions I get and the shocked whisper of “oh and it’s a girl riding it”.

Kids stare out the back window of their parent’s car waving at me, and I always wonder if one of them will grow up remembering the first time they saw my trike cruising down the highway and want one when they are older.

Nerolie fell in love with a Trike too

“Geez, that’s bright green, not sure about the colour. Then the green seemed to grow on us and now I absolutely love Kermmi!”

Growing up on a farm allowed me to ride motorbikes all the time…this sadly all changed once I moved into a town. Years went by and at the age of 38, I decided life is too short and went and got a motorbike licence. Read more…

I started with a Yamaha 650 Vstar. Due to an injury, I struggled to ride it or even get it out of the garage.

My partner Brendon and I had heard about trikes. We decided to look into buying one as this would enable me to still enjoy riding and it was something we could both still do together.

April 2016, we headed off to Bendigo to have a look at TOUROZ Trikes and maybe have a test ride to see if we liked them.

Col had a green and black demo RF1 LT sitting there.

First thoughts were: Geez, that is a bright green, unsure if I like that colour.

After some chatting with Col the green seemed to grow on us. Well the test ride did not happen, we said stuff it, you only live once!

We came home with that beautiful green machine nearly 3 years ago, and I haven’t looked back…

I absolutely love Kermmi. I feel so great riding, and the freedom you feel with no pain! I would not change it for the world.

Texas Man Charged with Unlawful Carry Solely for Being a Bandido

By General Posts

The MPP has heavily reported on the recent trend of individuals being arrested for possession of handguns merely for membership in a motorcycle club. This includes individuals with no criminal records and License To Carry holder’s. The MPP has even issued a travel warning to motorcyclists traveling through Texas.

One such case against a member of the Bandidos Motorcycle Club (Ashley Becker) in Lubbock, TX continues with a refiling of charges for Unlawful Carry for mere membership in the club, which authorities label a criminal street gang.

Law enforcement and prosecutors should dismiss all such cases in the name of justice because they rely on an unconstitutional application of statute which ignores the basic principle of personal guilt.

Texas Penal Code 46.02, the statute prohibiting gang members from carrying weapons, is being misapplied to individuals simply for being members of motorcycle clubs. Take Ashley Becker, who was originally charged with Unlawful Carry and suspicion of possessing a controlled substance in Lubbock, Texas in 2018. The weapon wasn’t illegal, and no crime was committed. He was arrested under 46.02 for being a Bandido in possession of an otherwise legal weapon. The alleged controlled substance, after being tested multiple times, turned out to be inconclusive.

While prosecutors make no admission that they misapplied statute 46.02, they filed a motion to dismiss. The motion reads, “The interest of justice cannot be served through further proceedings in this matter.”

Although the 2018 indictment was dismissed without prejudice, on February 9, 2019 charges were refilled against Becker on the Unlawful Carry charges. The affidavit identifies Becker’s membership in the Bandidos as the only probable cause for arrest.

Authorities persist despite absurd, unconstitutional interpretation of law.

Despite the fact that their interpretation of statute is unconstitutional and in violation of established state and federal rules of evidence, law enforcement and prosecutors persist in wasting public resources targeting individuals like Becker for participating in Constitutionally protected expression and association. This absurd interpretation of 46.02 would mean that carrying a weapon is unlawful for any individual that is a member of the Bandidos Motorcycle Club, with no other evidence, even with a License to Carry.

“If this seems outrageous, your instincts are correct. The MPP, after conducting cursory research on 46.02, has identified precedent, Ex Parte Flores 483 SW 3d 632 (2015), that clearly articulates how law enforcement is currently misinterpreting and misapplying Texas statute in violation of the basic rules of evidence and the US Constitution.”

“Law Enforcement and prosecutors should immediately cease and desist misapplying Texas statute. Applying Texas Penal Code 46.02 to members of clubs with no criminal records, and even LTC’s, would chill 1st Amendment Association and ignore the doctrine of personal guilt, “a cornerstone of American Jurisprudence.”

In the name of justice, prosecutors in Lubbock should again file a motion to dismiss all charges against Becker, this time with prejudice. Furthermore, prosecutors and law enforcement in El Paso, Dallas, and across the state of Texas should follow suite.

http://www.motorcycleprofilingproject.com

After motorcycle clubs, who’s next?
Everyone should ask themselves, “After motorcycle clubs, who’s next?” Every large identifiable group has individuals that have committed crimes. Should your civil liberties be taken based on the actions of other individuals you associate with even if you had no involvement in criminal activity?

The blatant attempt to disarm the entire community regardless of an individual’s personal involvement in criminal activity will not stop with motorcycle clubs if authorities are successful. Every American should be deeply concerned about this assault on basic civil liberties. Unpopular speech, including unpopular association, is the most important speech to protect. Or so long has held the Supreme Court.

Zero introduces bold new SR/F Electric Streetfighter

By General Posts

Zero launched a new SR/F streetfighter in Amsterdam, which claims to deliver an attractive blend of “industry-leading power, control and connection.”

It is a tangible improvement in range capability and recharging time, along with new styling that brings its electric powertrain with sharp and conventional – naked streetfighter looks.

The Californian brand leaps forward making electric motorcycles look and perform in a way more appealing to both new and largely electric-phobic existing bikers.

Vice President of Product Development, Brian Wismann, said: “The bike was inspired and influenced by the same things that inspire designers that are working on internal combustion bikes. “I don’t want anybody to think that this was meant to look like an electric Ducati, or Triumph – it’s not a derivative design, but having an understanding of where this cultural reference for having beautiful machines comes from and then integrating some of those design elements into the SR/F are pertinent in describing why it looks as good as it does.”

New Zero SR/F specs

  • 200-mile range potential
  • One-hour charge to 95%
  • Makes 110bhp / 140lbft
  • Two models available in May
  • Weight is 226kg

Zero’s new SR/F has the power and charm to attract regular street racers. The torque makes this a serious streetfighter.

The model uses Zero’s new ZF75-10 motor, coupled to a ZF14.4 lithium-ion battery. The powertrain uses air-cooling to improve longevity. It eliminates many routine maintenance jobs. A single charge is claimed to have the potential to deliver a 200-mile maximum range when ridden at town speeds, using Zero’s Power Tank, which arrives in Autumn 2019.

The innovative Rapid Charge System works on the large and growing network of Level 2 charge stations and provides a platform that allows for up to three independent charging modules. This means the SR/F can boast the fastest recharge capacity in Zero’s existing line up. It gives a maximum charging performance of empty to 95% charged in just one hour.

SR/F’s Cypher III operating system knits Zero’s next-gen app and dash to the well-proven Bosch Motorcycle Stability Control (MSC) system, ensuring the rider isn’t caught out by an over-eager right wrist or brake lever action. Zero SR/F has ABS and a host of electronic safety kit to ensure rider safety on the mean streets it is meant to race on.

The attractive dash can connect to a new app controlled by the rider. Rider modes on offer comprise Street, Sport, Eco, and Rain, and there are up to 10 programmable custom modes available.

Brembo’s electronic braking AI acts on JJuan calipers front and rear. The frame is a steel-trellis with concentric swingarm that’s claimed to help transfer the torque to the tarmac with the most mechanical grip possible. Both the battery and motor act as stressed members as well.

The new connected app also allows the rider to monitor their SR/F for: Bike Status & Alerts, Charging data, Ride Data Sharing, System Upgrades and Updates.

The first system of its kind on a production motorcycle, the status checker means owners can see information on charging interruptions, get unexpected motion notifications, and use the ‘Find my Bike’ function to see if their bike is where it should be.

The data captured on rides includes bike location, speed, lean angle, power, torque, charge and energy used/regenerated.

All the data is private unless the rider chooses to share it. The full suite of app functions are free at purchase, and for two years thereafter. Riders can opt out altogether if they so desire.

The two models will come in Seabright Blue and Boardwalk Red colourways, and are expected to be ready to plug in from May 2019.

Harley-Davidson Acquires Company That Makes Electric Bikes for Kids

By General Posts

Harley-Davidson is trying to attract a new generation of riders at a very young age. The iconic motorcycle company announced Tuesday that it was buying StaCyc, which makes two-wheel electric bikes for kids.

StaCyc has two models — the 12eDrive and 16eDrive — that the company describes as “the perfect choice for little rippers” between the ages of 3 and 7.

The bikes have a top speed of about 10 miles per hour and sell for a range of $649 to $699.

Harley-Davidson said in a statement that Harley-Davidson branded versions of StaCyc’s two models will be available at select Harley-Davidson dealers in the United States in the third quarter of 2019.

“The StaCyc team shares the same vision we have for building the next generation of riders globally and we believe that together, we will have a significant impact in bringing the fun and enjoyment of riding to kids everywhere,” said Heather Malenshek, Harley-Davidson senior vice president of marketing and brand, in the statement.

Harley-Davidson is increasing its bets on electric vehicles as sales of traditional bikes slow.

The company has already announced plans to launch the LiveWire premium electric motorcycle this fall. It is also developing other electric bikes that it plans to start selling in 2021.

Harley-Davidson needs new growth opportunities as the company struggles to deal with tariffs from the Trump administration that have hurt earnings.

Sales and profits are expected to fall this year and revenue is only expected to rebound slightly in 2020.

Shares of Harley-Davidson have rallied this year with the rest of the market, rising 10% so far in 2019. But the stock is trading nearly 20% below its 52-week high.

No silver bullet in sight for Enfield hit by sliding volume

By General Posts

The Eicher Motors stock fell 30 per cent in the past year.

The Bullet, it appears, is just not firing on all cylinders at the moment.

Royal Enfield (RE) sales are rather soft, and state-wise volume statistics furnished by industry body SIAM show that the bike that defines panache for motorcycle enthusiasts in India is riding through a rather rough patch. Eight states that make up three of every five RE bikes sold locally have reported deceleration.

Maharashtra and Karnataka together account for 13 per cent of RE volumes, and these two states have seen a drop in 6-7 quarters of the past nine.

Kerala, the largest market of RE, has witnessed volume drops of 13 per cent and 23 per cent in the September and December quarters, respectively. The September decline is attributed to floods. But declines in the December quarter have put the lens on underlying demand.

Industry volume growth of twowheelers in south India was 9.5 per cent in the first nine months, up from 5.6 per cent in the previous year. However, RE’s sales volume growth in the Southern states has been underwhelming.

The RE management has given production guidance of 8.7-8.8 lakh units for the current fiscal year. However, it is unlikely to be met. Average monthly run-rate of RE in the first 11months of FY19 stood at 69,569 units. To achieve the stated guidance, the company needs to produce 1.04 lakh vehicles in March. This appears to be quite a daunting task given the weak demand cycle.

The Street is factoring in volume growth of 10 per cent for FY20, which could be trimmed due to about 3 per cent growth in FY19. The Eicher Motors stock fell 30 per cent in the past year following constant negative surprises on the volume front. The stock is trading at 21 times FY20 earnings, compared with the long-term average of 30 times.

An Eye on Recent Motorist Rights Court Cases

By General Posts

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

By General Posts

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