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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

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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

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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.

Radical Bikernet Weekly News for March 7, 2019

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Life is a Scramble then it Ends
Weekly News By Bandit, Rogue, Bob T., Barry Green, Sam Burns, Laura, the Redhead, Paul Garson, Wayfarer and the rest of the crew

Hey,
I got to thinking the other day. Bikernet and being a member of Bandit’s Cantina makes you a member of a radical, freedom fighter group. I’ve often been pointed at by other agencies as a notorious helmet law fighter, a freedom fighter, a gun owner and supporter, a veteran, and a climate denier.

That puts you in an elite group of people who don’t believe in doomsday because your wife drives an SUV. It places you squarely with folks who don’t want to torture the entire population with laws that might save one life or kill another. It puts you in a group who believes in the freedom to build whatever you want, to take risks with your life, to protect yourself and your family and to ride with the wind. Sounds good to me. Let’s hit the news.

QUICK, CLICK TO READ THE NEWS THIS WEEK RIGHT HERE!!!

The Bikernet Weekly News is sponsored in part by companies who also dig Freedom including: Cycle Source Magazine, the MRF, Las Vegas Bikefest, Iron Trader News, ChopperTown, BorntoRide.com and the Sturgis Motorcycle Museum. Most recently the Smoke Out and Quick Throttle Magazine came on board.

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.

NEW DEAL Bikernet Weekly News for February 28, 2019

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It’s Wild and Explained from Several Angels

Here’s the deal. I fight for freedom and I side with the Freedom Fighters, which are Republicans. Okay, I’m going to scramble through a few points.

I discovered that the folks who wanted restrictive safety laws, punishment regulations and less freedoms were Democrats. I was forced to shift.

I don’t like the current political climate. It’s become a world of us against them and visa versa. It doesn’t need to be that way at all. We could be living in the best of times, dancing in the streets if everyone understood the code of Freedom, which our country once stood for.

Let’s hit the news. READ IT IN THE CANTINA.

Support Bonneville Salt Flats restoration

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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 grassroots@amacycle.org.

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.