■
2011
Senate Bill 291: Allow
helmetless motorcycle operation
(Senate Roll Call 360)
■
SOS Ruth Johnson
kicks off Motorcycle Safety Awareness Month
Protect
Motorcycle Safety Grants and
Fight Helmet Mandates with One
Call Take Action!
Call
Your Senator on the Committee
Immediately
On
Wednesday, December 14, the
Senate Commerce, Science,
&Transportation Committee will
mark-up the “Motor Vehicle and
Highway Safety Improvement Act
of 2011,” (S. 1449). The measure
covers the safety aspects of the
next national transportation
program, including the
acceptable activities of the
National Highway Transportation
Safety Administration (NHTSA).
S. 1449 contains three areas of
critical concern to
motorcyclists.
The
first is Lautenberg Amendment #1
filed on the morning of Monday,
December 12. Senator Frank
Lautenberg’s (D-NJ) amendment
would drastically alter the
motorcyclist safety grant
program, indirectly force states
to pass mandatory universal
helmet laws, and direct the use
of federal tax dollars to only
promote the use of helmets.
More
specifically, the amendment
alters the current motorcyclist
safety grant program (a.k.a.
Section 2010 funds) by loosening
the requirements to receive
funds for states with mandatory
universal helmet laws in place.
A mandatory universal helmet law
requires any rider and passenger
on a motorcycle to be wearing a
helmet at all times, regardless
of age. The AMA believes that
adults should have the right to
voluntarily decide when to wear
a helmet.
States
that currently do not have
universal helmet laws would see
their qualification criteria
become stricter in order to
receive safety grants.
Additionally, states without
mandatory universal helmet laws
would be required to spend 50%
of their grant funds on the
promotion of helmet use. The
remaining 50% could be spent on
rider training, helmet
promotion, enforcement programs
to reduce impaired riding,
linking motorcycle data together
electronically in states,
implementation of graduating
licensing systems for riders,
and speeding and reckless riding
enforcement programs.
The
revised use of funds is
contradictory to the spirit in
which motorcyclists fought for
the safety grant program during
the last federal transportation
initiative. In 2005, the
motorcycling community came
together to create the
motorcyclist safety grant
program to encourage states to
fund motorcycle safety
awareness, education, and
training programs. The allowable
uses of funds included public
service announcements, motorist
awareness campaigns, and the
improved delivery of rider
training.
Lautenberg Amendment #1 would
provide zero funding for
awareness and education
programs.
The
second threat to motorcyclists
is a clause that would lift the
ban on NHTSA being able to use
federal tax dollars to lobby
states to pass mandatory helmet
laws. The provision was included
in the national transportation
program beginning in 1998 and
was re-affirmed in 2005. The AMA
believes that the decision on
helmet laws is the right of each
individual states and the
federal government should not be
allowed to apply unfair pressure
to influence a state’s choice on
that issue.
Senator
Jim DeMint (R-SC) has introduced
one amendment to strike the
clause lifting the ban on NHTSA
lobbying efforts. Additionally,
DeMint has offered an amendment
that would further address
lobbying efforts by the federal
government. Both DeMint
Amendments #1 and #18 should
pass in order to bar the federal
government from using individual
tax-payer dollars to control the
state law-making process.
Thirdly, S. 1449 seeks to alter
the definition of “motor vehicle
equipment” to specifically
call-out motorcycle helmets.
This is a tactic used to quietly
suggest states spend federal
funding related to any type of
motor vehicle equipment on
motorcycle helmets. Senator
DeMint has also offered DeMint
Amendment #2 to strike the
reference to motorcycle helmets
in this definition.
If one
of your Senators is on the
Commerce, Science, &
Transportation Committee, then
that Senator can help address
these issues immediately. Due to
the short amount of time
available, the best way to
contact your Senator is to call.
Click on the “Call Now” option,
enter your zip code and receive
all the information you need,
including pre-written talking
points to deliver to your
Senator on the Committee.
Call
your Senator on the Committee
now and tell them to: 1) Vote
“No” on Lautenberg Amendment #1
to S. 1449 that would change the
motorcyclist safety grant
program; 2) Support the DeMint
Amendments #1 & #18 to S. 1449
that would address lobbying by
the federal government; 3)
Strike “motorcycle helmet” from
the definition of “motor vehicle
equipment.”
Call
now; there is no time to waste
|
■
Motorcyclists Across the Country Anxiously
Await Court Decision on Constitutionality of
New York's Motorcycle Checkpoint Program |
NEW YORK, Feb.
18, 2011 /PRNewswire/ -- Motorcyclists across the nation
are awaiting a decision from the U.S. District Court for
the Northern District of New York which they hope will
declare New York's "motorcycle only" roadway checkpoints
to be unconstitutional. The case Wagner et al. v. The
County of Schenectady, et al. could end up in the United
States Supreme Court. The checkpoints, which target
well-known motorcycle events, force motorcyclists
traveling to and from those events to leave the roadway,
regardless of any wrongdoing, and have their vehicles
and equipment inspected for safety and non-safety
equipment violations and stolen VIN numbers.
Motorcyclists have been detained as long as 45 minutes
in makeshift stockades while undergoing the inspections.
The National Highway Transportation Safety
Administration recently began Federal funding for
motorcycle checkpoints nationwide in order to assess
their effectiveness despite objections raised by members
of Congress.
The New York lawsuit is the first to challenge the
constitutionality of motorcycle checkpoints. The
plaintiffs are being represented by Proner & Proner, a
plaintiffs personal injury law firm with a long history
of doing "pro bono" legal work on behalf of
motorcyclists. The Proner firm commenced the lawsuit on
behalf of four motorcyclists who were detained at two
separate checkpoints.
The checkpoints are funded by a grant from the New York
Governor's Traffic Safety Committee and the troopers who
work them are paid overtime. Although the stated purpose
of the checkpoints is to promote safety, the majority of
the more than a thousand tickets which were issued
during the first year of the checkpoints had nothing to
do with safety and instead focused on non-safety
violations such as loud pipes. The written guidelines
for the checkpoints specifically state that one of the
purposes of the checkpoints is to look for stolen and
forged VINs and the police readily admit that they often
have undercover members of their gang and auto theft
units working the checkpoints looking for signs of
criminal activity.
The Supreme Court of the United States has repeatedly
made it clear that any roadway checkpoint whose primary
purpose is general crime control constitutes an
unreasonable search and seizure under the Fourth
Amendment and is presumptively unconstitutional.
Notwithstanding that fact, the progress reports which
the police prepared on the checkpoints specifically
state that the grant funds are used "for overtime for
intelligence gathering and the subsequent criminal and
traffic enforcement." The police admit that the
checkpoints, which focus only on equipment violations
and forged and stolen VINs, do not address any of the
major causes of motorcycle accidents such as reckless
driving, driver inattentiveness and alcohol impairment.
Lawyers for the Plaintiff Riders and Defendant State
Police are both seeking summary judgment on the Fourth
Amendment claims. The future of motorcyclists' rights
hangs in the balance.
|
■ What is
happening around the US in MC News
Legislation and news from other states
2/18/11 |
MOTORCYCLE NEW YORK LEGISLATION UPDATES:
Bill Number: A05381/ 3316 NEW
Assembly Sponsor: Lupardo
Senate Sponsor: DEFRANCISCO
Amd S5103, Ins L Relates to motorcycle insurance
policies and requires owners' policies of liability to
inform the insured that motor vehicle no-fault insurance
does not apply to motorcycles and that state uninsured
motorist coverage
is available in the alternative; requires the insured to
sign a statement if the insured does not choose the
state uninsured motorist
coverage. Assembly status: 02/17/2011 referred to
insurance
Senate status: 02/16/2011 REFERRED TO INSURANCE
Bill text: http://assembly.state.ny.us/leg/?default_fld=&bn=A05381&Text=Y
--------------------------------
HELMET
Bill Number: A05364/ [S 2974] NEW
Assembly Sponsor: Lupardo
Amd S381, V & T L
Exempts motorcyclists over the age of twenty-one from
the requirement of
wearing protective helmets of a type approved by the
commissioner of
motor vehicles when operating or riding a motorcycle.
Assembly status: 02/16/2011 referred to transportation
Bill text:
http://assembly.state.ny.us/leg/?default_fld=&bn=A05364&Text=Y
--------
Bill Number: S03288 [No same as] NEW
Sponsor: KRUGER
Add S18-105-a, Gen Ob L
Requires skiers to wear helmets and imposes civil
penalties for failure to do so; such penalties shall be
$50 for the first offense and $100 for each subsequent
offense; provides parents would be jointly liable for
payment of fines if minor who is 16 years of age commits
a violation hereof.
Status: 02/15/2011 REFERRED TO JUDICIARY
Bill text: http://assembly.state.ny.us/leg/?default_fld=&bn=S03288&Text=Y
--------------------------------
GANG
Bill Number: A05323 [No same as] NEW
Sponsor: Titone
Add Art 280 SS280.00 - 280.30, Pen L; amd SS1310 & 1349,
CPLR
Establishes offenses relating to criminal street gang
enterprises and the abatement of premises used for the
activities of such enterprises; provides for disposition
of forfeiture moneys where the person against whom a
forfeiture action is commenced is a member of a criminal
street gang enterprise.
Status: 02/15/2011 referred to codes
Bill text: http://assembly.state.ny.us/leg/?default_fld=&bn=A05323&Text=Y
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES
California - gang
NEW
SB296: An act to amend Section 186.22a of the Penal
Code, relating to
gangs.
Sponsor: Wright
NOTE: added
(5) (A) In addition to any other applicable
administrative or judicial remedies, in any action
relating to an individual subject to an
injunction issued pursuant to subdivision (a), the
individual may petition the court to exempt him or her
from all or any part of an
injunction order.
(B) The petition shall specify whether the individual is
requesting to be exempt from the entire injunction order
or any part of that order. The individual shall in the
petition certify, under penalty of perjury,
all of the following:
(i) The individual has not violated any provisions of an
injunction issued pursuant to subdivision (a) of which
he or she had notice.
(ii) The individual is not a member of the criminal
street gang that is subject to the injunction.
(iii) The individual is not a member of any other
criminal street gang, as defined in subdivision (f) of
Section 186.22.
(iv) The individual does not have any criminal charges
pending against him or her.
(v) The individual has not been arrested in any
jurisdiction within three years prior to making the
petition of which this certification is a part.
(vi) The individual has not obtained any gang-related
tattoos within three years prior to making the petition
of which this certification is a part.
(vii) The individual has not, within three years prior
to making the petition of which this certification is a
part, knowingly been
documented by any law enforcement agency to have been in
the company or association of any other gang member that
the individual knows to be covered by the injunction,
other than an immediate family member.
(viii) The individual is not acting, and agrees that he
or she will not act, to promote or assist any activities
prohibited by the
injunction.
(C) The court may hold an evidentiary hearing in order
to rule on any petition filed pursuant to subparagraph
(A). The court may, in its discretion, receive any
evidence relevant to whether the petition should be
granted or denied.
(D) At the time notice of an injunction filed pursuant
to subdivision
(a) is served on any person, the petition form developed
by the Judicial Council for use by an individual seeking
to be exempt from all or part of an injunction shall be
attached to the documents that are served.
(6) Any prosecuting agency filing any action for
injunction pursuant to subdivision (a) shall, at the
time of filing the action with the
court, provide a copy of the filing to the local public
defender's office.
Status: Feb. 15- From printer. May
be acted upon on or after March 17.
Feb. 14- Introduced. Read first time. To Com. on RLS.
for assignment.
To print.
Bill text: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0251-0300/sb_296_bill_20
110214_introduced.html
------------------------------------------------------------------------
Georgia:
motorcycle/traffic lights update
ABATE of GA: http://www.abatega.org/ln.htm
From: EDWARD B ANDROSS
2/16/11
About 1 hour ago our RED LIGHT BILL HB-161 was heard in
the Public Safety Committee of the Georgia House of
Representatives. ABATE Legislative Director, Linda Allen
and Representative Ann Purcell (who is carrying our
Bill-HB-161) did an excellent job of presenting the bill
and explaining the problems motorcycles face with red
lights. The committee voted DO-PASS on HB-161. NOW THE
BILL MUST BE PRESENTED TO THE RULES COMMITTEE WHERE
HOPEFULLY IT WILL BE REFERRED TO THE FLOOR OF THE HOUSE
FOR A VOTE. ONCE APPROVED BY THE HOUSE THE BILL WILL
'CROSS OVER' TO THE SENATE WHERE IT WILL GO THROUGH THE
SAME PROCEDURE. WHEN
HB-161 PASSES IN BOTH THE HOUSE AND SENATE IT GOES TO
THE GOVERNOR TO BE SIGNED.
HB161: A BILL to be entitled an Act to amend Part 2 of
Article 13 of Chapter 6 of Title 40 of the Official Code
of Georgia Annotated, relating to uniform rules of the
road for motorcycles, so as to provide for certain
traffic regulations relating to motorcycles; to provide
for related matters; to repeal conflicting laws; and for
other purposes.
Bill text: http://www.legis.ga.gov/Legislation/20112012/109014.pdf
------------------------------------------------------------------------
Hawaii - noise
update
SR5: CONVENING A LEGISLATIVE NOISE POLLUTION TASK FORCE
TO REVIEW BEST PRACTICES FROM OTHER STATES IN REDUCING
URBAN NOISE POLLUTION.
Introducer(s): GALUTERIA, CHUN OAKLAND, KIDANI
NOTE:
" BE IT FURTHER RESOLVED that the Task Force is
requested to focus on but not be limited to noise
pollution from motorcycle, motor scooter, and moped
mufflers, trash disposal vehicles, and stereo or other
audio
equipment in passenger vehicles; and
BE IT FURTHER RESOLVED that the Legislative Reference
Bureau shall assist the Task Force with drafting
legislation, if any, which the Task Force deems
necessary, as a result of its findings and
recommendations regarding the best practices in reducing
noise pollution to address excessive and disturbing
noise levels; and
BE IT FURTHER RESOVED that the Task Force is requested
to report its findings on best practices from other
states in reducing noise pollution and its findings and
recommendations to address excessive and disturbing
noise levels to the Legislature no later than twenty
days prior to the convening of the Regular Session of
2012; and..."
Status:
2/16/2011: The committee(s) on ENE has scheduled a
public hearing on 02-24-11 3:00PM in conference room
225.
Bill text: http://www.capitol.hawaii.gov/session2011/bills/SR5_.htm
------------------------------------------------------------------------
Illinois - helmets
update
http://www.ilga.gov/house/committees/hearing.asp?CommitteeID=970&GA=97
Transportation: Vehicles & Safety Committee
Hearing Scheduled for Feb 23, 2011
Scheduled Date: Feb 23, 2011 9:00AM
Location: Room 118 Capitol Building, Springfield, IL
On agenda:
HB0285: Amends the Illinois Vehicle Code. Provides that
every operator and passenger on a motorcycle, motor
driven cycle, or motorized pedalcycle who is age 26 or
younger must wear a helmet that meets federal safety
standards.
HB0290: Amends the Illinois Vehicle Code to require
every operator and passenger on a motorcycle, motor
driven cycle, or motorized pedalcycle to wear a helmet
that meets federal safety standards.
-----------------------------------------------------------------------
Maryland - helmet
fine NEW
SB852: Motorcycles - Protective Equipment - Penalty
Sponsored: Senator Astle
Synopsis: Altering the penalty from a maximum fine of
$500 to a maximum fine of $25 for specified violations
of law relating to the failure to use protective
headgear and other protective equipment while operating
or riding on a motorcycle.
Status: 2/14 First Reading Senate Rules
Bill text: http://mlis.state.md.us/google_docs$/2011rs/bills_noln/sb/fsb0852.pdf
------------------------------------------------------------------------
Massachusetts -children on
motorcycles, interfering with motorcycles, noise,
banning of motorcycles NEW
Bill H00947: legislation to prohibit certain children
from being passengers on motorcycles.
Sponsors: Todd M. Smola
NOTE:
No child under the age of 5 years and no child weighing
40 pounds or less shall ride as a passenger on a
motorcycle with a maximum speed in excess of 30 miles
per hour.
Status:
1/14/2011 House Bill Filed.
2/15/2011 House Referred to Joint Committee on
Transportation.
2/15/2011 House Senate concurs.
Bill text: http://www.malegislature.gov/Bills/187/House/H00947
--------
Bill H00948: legislation to prohibit the operation of a
motor vehicle that interferes or disrupts a group of 2
or more motorcycles.
Sponsor: Todd M. Smola
Status:
1/14/2011 House Bill Filed.
2/15/2011 House Referred to Joint Committee on
Transportation.
2/15/2011 House Senate concurs.
Bill text: http://www.malegislature.gov/Bills/187/House/H00948
-------
Bill H00952: legislation to further regulate motorcycle
sound levels
Sponsor: Theodore C. Speliotis
NOTE:
"The use and sale of any exhaust pipe that increases the
sound emission of any vehicle including motorcycles
shall be prohibited. All motorcycle exhaust pipes must
conform to 82dBA maximum noise level measured directly
to the rear exhaust outlet at a distance of 12 inches.
The angle of measurement shall not exceed 30 degrees.
Sound measurements taken beyond 12 inches that exceed
the requirements are not acceptable. Violation of said
decibel level, or illegal retrofitting, will result in a
license suspension for six (6) months and/or a fine not
to exceed two hundred and fifty dollars ($250)."
Status:
1/14/2011 House Bill Filed.
2/15/2011 House Referred to Joint Committee on
Transportation.
2/15/2011 House Senate concurs.
Bill text: http://www.malegislature.gov/Bills/187/House/H00952
------
Bill H00895: relative to cities and towns being
prohibited from adopting rules or regulations banning
the use of motorcycles on public ways.
Sponsor: Sponsors: Demetrius J. Atsalis
Status:
1/10/2011 House Bill Filed.
2/15/2011 House Referred to Joint Committee on
Transportation.
2/15/2011 House Senate concurs.
------------------------------------------------------------------------
Missouri - helmet
update
SB 28 : Exempts motorcyclists age 21 and older from
wearing a helmet when operating a motorcycle or
motortricycle
Sponsor: Brown
Status:
2/17/2011: - Reported Do Pass (S)
2/21/2011 : S Formal Calendar S Bills for Perfection--SB
28-Brown
Bill text:
http://www.senate.mo.gov/11info/BTS_Web/BillText.aspx?SessionType=R&Bill
ID=4065313
------------------------------------------------------------------------
--------
Nebraska - helmet update
ABATE of Nebraska: http://www.abateofne.com/
Update - Feb 14, 2011
We met in committee today for lb 52 and both sides of
the argument were
heard. We have a good feeling about the outcome but we
are working on
some additional information that the committee
requested. There a
couple of opportunities for them to reach a decision by
next Tuesday. We
are in close contact with the committee. Of note, we
were applauded on
our professionalism and our adherence to the system to
date . please be
patient and we will keep you updated as we know more.
Todd C. Miller
State Coordinator, ABATE of NE Inc.
ABATE of Nebraska
------------------------------------------------------------------------
---------
North Carolina- motorcycle NEW
HB113: Motorcycle Safety Act.
AN ACT TO CREATE ADDITIONAL PROTECTIONS FOR
MOTORCYCLISTS FROM 2 UNSAFE
MOVEMENTS BY OTHER VEHICLES.
Sponsor: Killian
Status:
02/16/2011 House Filed
02/17/2011 House Passed 1st Reading
02/17/2011 House Ref To Com On Transportation
Bill text: http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H113v1.pdf
-----------------------------------------------------------------------
Oregon -helmet
HB 3141: Relating to motorcycle helmets; declaring an
emergency. Requires only persons under 21 years of age
to wear motorcycle helmet while riding on or operating
motorcycle.
Status: 02/14 (H) Referred to Transportation and
Economic
Development.
Bill text:
http://www.leg.state.or.us/11reg/measures/hb3100.dir/hb3141.intro.html
------------------------------------------------------------------------
Tennessee - helmet,
out of state motorcyclists NEW
HB 1673/SB 1466: As introduced, authorizes persons to
ride a motorcycle without a helmet if they are 21 and
have at least $15,000 of medical insurance coverage. -
Amends TCA Section 55-9-302.
Assembly Sponsor: Matheny
Senate Sponsor: Bell
Assembly status: 02/17/2011- Filed for intro.
Senate status: 02/17/2011- Filed for intro.
Bill text: http://www.capitol.tn.gov/Bills/107/Bill/HB1673.pdf
---------
HB 1810/SB 1290: As introduced, requires nonresidents,
21 years of age or older, operating a motorcycle
registered in another state to comply with mandatory
motorcycle equipment laws from state in which motorcycle
is registered.
Assembly Sponsor: Tidwell
Senate Sponsor: Southerland
Assembly status: 02/17/2011 Filed for intro.
Senate status: 02/16/2011 Filed for intro.
Bill text: http://www.capitol.tn.gov/Bills/107/Bill/HB1810.pdf
--------
HB 1811/SB 1291: As introduced, exempts from requirement
to wear a helmet while riding a motorcycle nonresidents,
21 years of age or older, from states that do not
require motorcycle helmets. - Amends TCA Section
55-9-302.
Assembly Sponsor: Tidwell
Senate Sponsor: Southerland
Assembly status: 02/17/2011 Filed for intro.
Senate status: 02/16/2011 Filed for intro.
Bill text: http://www.capitol.tn.gov/Bills/107/Bill/HB1811.pdf
------------------------------------------------------------------------
Virginia- motorcycle/traffic
lights update
HB 1981 Traffic lights; motorcycle drivers, etc., in
certain situations, to proceed through intersections.
Sponsor: Thomas A. Greason
Status: 02/17/11 Senate: Reported from Transportation
with amendment
(15-Y 0-N)
Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+HB1981H1
-----------------------------------------------------------
Washington - helmet
NEW - profiling, parades update
HB 1984: Removing certain requirements for motorcycle
helmet use.
Sponsor: Representatives Blake, Haler, Shea, Dunshee,
Crouse, Fagan,
Ormsby, Condotta, McCune, Parker
Status: Feb 17 First reading, referred to Transportation
Bill text:
http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/House%20Bill
s/1984.pdf
-----------
HB 1333: Addressing motorcycle profiling.
Sponsors: Representatives Kirby, Van De Wege, Hurst,
Pearson,
Appleton, Ross, Ladenburg, Kagi, Upthegrove, Blake,
Green, Kenney,
Condotta
Status: Feb 15 Public hearing in the House Committee on
General Government Appropriations & Oversight at 8:00 AM
Bill text: http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/House%20Bills/1333.pdf
--------
SB 5185: Temporarily suspending certain motorcycle rules
when operating in parades or public demonstrations.
Sponsor: Senators Delvin, Sheldon, Becker, Honeyford,
Swecker, Stevens, Benton, Holmquist Newbry, Zarelli,
Baumgartner, King, Schoesler, Hewitt, Ericksen, Roach
Status: Feb 25 Scheduled for public hearing in the House
Committee on
Transportation at 1:30 PM. (Subject to change)
Bill text: http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/Senate%20Bills/5185-S.pdf
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