compiled and edited by Bill Bish
- August 2010
National Coalition of Motorcyclists (NCOM)
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. For more information, call us at
1-(800) ON-A-BIKE or visit us on our website at
www.ON-A-BIKE.com. NCOM BIKER NEWSBYTES Compiled
& Edited by Bill Bish, National Coalition of
Motorcyclists (NCOM)
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. For more information, call us at 1-(800)
ON-A-BIKE or visit us on our website at
www.ON-A-BIKE.com.
WELCOME to our thousands of new subscribers through
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YOU for indicating on your AIM membership
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motorcycle-related legal & legislative news! The
AIM/NCOM e-News now reaches nearly a million
concerned motorcyclists every month, bringing
current and accurate information directly to your
in-box to keep you updated on important issues and
current events.
LOUD BIKES LOSE RIGHTS
Municipalities from coast to coast are giving
motorcycles the silent treatment, and riders rights
groups and industry analysts fear that a wave of
ordinances aimed at muffling noisy bikes will create
a confusing patchwork of laws nationwide and could
turn frustrated riders away from the $12 billion
motorcycle marketplace. Laws restricting motorcycle
noise have been around for years and come in many
forms; some are against certain types of products
such as a New York City ordinance that subjects
riders to a minimum $400 ticket for having an
exhaust system that can be heard within 200 feet,
while others are aimed more at the intent of the
operator such as a Lancaster, Penn., ordinance that
makes it illegal for riders to over-rev their
engines. In Denver, which passed a unique muffler
law three years ago that requires EPA labeling to be
displayed on pipes to prevent bikers from installing
louder after-market exhausts, Aid to Injured
Motorcyclists (A.I.M.) attorney Wade Eldridge was
recently quoted in a local CBS-4 story investigating
the controversial attempt to reduce noise emissions.
Eldridge, who specializes in representing motorcycle
riders in accident and insurance law cases and who
is a rider himself, was quoted in the July 23rd
interview as saying: “I think it (the Denver loud
noise law) was something the city council passed
that they knew was unenforceable,” and suggested
that to fight back “those who receive tickets should
demand trials.” Though rarely enforced since
Eldridge won a key case against the Denver noise
ordinance, with only 46 tickets handed out to date,
police in Golden citing state law have issued 81
noise violations in the last 6 months. The city is
using a Colorado state statute, C.R.S. 42-4-225 that
requires that vehicles be equipped with an
“adequate” muffler, and outlaws any “excessive or
unusual” noise. According to Eldridge, "the law
lends itself to arbitrary and discriminatory
enforcement -- the police can stop you for whatever
reason." “The powers that be in the City of Golden
have apparently made a political decision that they
don’t want us in their city,” observed Eldridge,
adding that; “The police department will continue
stopping us, and writing these tickets, until enough
people PLEAD NOT GUILTY AND INSIST ON A TRIAL… when
the court is backlogged with these cases, we will
see some official pressure to stop them.” In the
meantime, further information on fighting such
tickets can be found on the website of the Colorado
Confederation of Clubs (www.colorado-coc.com), of
which Eldridge serves as legal counsel.
MINNESOTA CLAIMS VICTORY FOR CUSTOM MOTORCYCLE
BUILDERS
The state patrol in Minnesota, like many other
police agencies, use license plate scanners in their
patrol cars that can read up to 1,000 plates per
minute, but they are unable to read the vertical
plates on some custom motorcycles. “It didn’t take
too much to sneak a new law through and after the
2008 session vertical plates were illegal,” said
Todd Riba, ABATE of MN Legislative Director, “but
not for long.” ABATE of Minnesota’s lobbying team
and State Coordinator started to work on the
problem, and State Senators Amy Koch and Ray
Vandeveer stepped forward to carry their bill. The
state patrol didn’t want to give up its ability to
read motorcycle plates, but ABATE didn’t want the
custom bike folks to lose the right to trick out
their rides. It took a lot of creative thinking to
come up with a solution, but in the end that’s what
happened. The bill passed and the Governor signed it
into law, becoming effective August 1st. Here is how
it works: the DVS will offer vertical reading
license plates. You will be able to mount these
plates in vertical license plate brackets and law
enforcement’s scanners will still be able to read
them. The plates can be ordered just like vanity
plates and riders will have to pay an extra fee, but
these new vertical reading plates should keep you
out of trouble and if you sell the bike you can keep
the plate for your next custom ride.
HABITUAL OFFENDER HELD WITHOUT BAIL IN CYCLIST’S
DEATH
A Westerly, Rhode Island woman has been ordered held
without bail on charges that she struck and killed a
motorcyclist with her car. Laura Reale, 27, did not
enter a plea at a July 22nd arraignment in
Washington County Superior Court on an indictment of
driving to endanger, death resulting. According to
an NBC 10 news report, a judge ordered her held
without bail after a prosecutor said Reale had been
hiding marijuana use by submitting another person's
urine samples. She will be held until her lawyer can
find her a drug treatment program. Reale is accused
of running a red light in Westerly on May 16 and
crashing into a motorcycle driven by 27-year-old
Colin B. Foote. Reale has a history of violations,
with 27 moving-vehicle violations on record. Foote's
death led to a new state law aimed at preventing
habitual traffic offenders from driving.
KEYSTONE MOTORCYCLE SAFETY CAMPAIGN
The Pennsylvania Department of Transportation has
announced a free online program celebrating the
freedom of motorcycling called the “Live Free Ride
Alive” program. "The campaign reminds riders to take
it easy out there and accept personal responsibility
for their actions,” said a PennDOT spokesperson. “It
addresses issues of drinking and riding, speeding,
and being properly trained and licensed to operate a
motorcycle." Pennsylvania riders can enhance their
operating skills and safety awareness by taking free
training offered through Pennsylvania's Motorcycle
Safety Program. The live courses are free to
Pennsylvania residents and are held from March
through October at approximately 70 sites across the
state. Motorcycle permit holders who successfully
complete the course will be issued a motorcycle
license.
NEW JERSEY LAWMAKERS INTRODUCE FEDERAL GANG
LEGISLATION
According to information recently circulated by
ABATE of the Garden State, New Jersey congressional
representatives are pushing new federal legislation
to deter gang activity. In early August, U.S. Sen.
Robert Menendez (D-N.J.) introduced one bill in the
U.S. Senate while Rep. Frank Pallone (D-6th Dist.)
introduced a version in the House of
Representatives. The legislation claims to address
“criminal street gang problems” from several angles.
It would fund billions of dollars in programs for
at-risk youth, including $5.5 billion in grants for
state and federal programs. Menendez and Pallone
also want $3.5 billion in grants over five years for
police departments to fight gangs. The legislation
would also create or increase federal penalties for
gang activities. For example, engaging in a "pattern
of criminal gang activity" - meaning committing two
or more crimes related to gang membership - could
send someone to prison for up to 30 years.
AGING ROAD WARRIORS AT HIGHER RISK
Continuing to ride a motorcycle may keep some senior
citizens young at heart, but as the riding
population grows older they are more likely to be
injured or die as a result of a mishap when compared
to their younger counterparts due to factors
associated with aging. Researchers at Rochester
University Medical Centre in New York released
findings earlier this spring indicating that half of
all motorcyclists needing emergency treatment in
2005 were over 40, double the number in 1993, and
accidents involving riders in that age group were
twice as likely to be fatal as those involving
younger bikers. Of all injured riders included in
the study, those aged 50 to 59 were the
fastest-growing group, while those between 20 and 29
were the most rapidly declining group. Age-related
changes, such as decreases in bone strength and
brain size, may make older riders more susceptible
to injury. Other factors associated with aging, such
as impaired vision, delayed reaction time, and
altered balance contribute to motorcycle crashes in
this population. In the study, which was published
in the March issue of the American Surgeon,
researchers using the National Trauma Databank
reviewed the records of 61,689 motorcyclists aged 17
to 89 years involved in a motorcycle crash between
1996 and 2005. The average age of motorcyclists
involved in crashes steadily increased over the
study period, which is consistent with published
statistics from the Motorcycle Industry Council
which report that the average age of motorcycle
ownership rose from 33 years in 1998 to 40 years in
2003.
WEIRD NEWS: PYRAMID POWER USED TO STOP TRAFFIC
ACCIDENTS
Since the days of ancient Egypt, pyramids have been
credited with supernatural or paranormal properties,
and now their putative powers are being harnessed by
Indian police to reduce road accidents. After
meeting with an expert in Vastu, an ancient Hindu
system of construction similar to Chinese Feng Shui,
traffic officers in Nagpur are strategically
installing small pyramids at accident-prone sites in
the city in hopes their claimed positive energy can
stop deadly crashes. Vastu expert Sushil Fatehpuria,
who offered his services free of charge, said that
each 30 centimetre tall pyramid will have a copper
bottom and five smaller pyramids inside. "I think
the accidents are caused by negative energies. So we
need to minimize or convert the negative energy into
positive ones," he said. "I will energize the
pyramids. I will transfer my positive thoughts into
the pyramids." A combination of an increase in
drivers, many of them untrained, poor road planning
and lax law enforcement have made India's roads the
most dangerous in the world, with more than 114,000
fatalities each year. Good Luck!
EDUCATION CYCLES
The United States has donated 115 motorcycles worth
$524,398 to an African educational center that
coordinates tutors in the Uganda cities of Lango,
Acholi and Teso. The motorcycles were handed over by
the U.S. Agency for International Development to
Uganda team leader, Elise Ayers, at Asuret Core
Primary Teachers College in Soroti in May. Ayers
said the motorcycles would enable the tutors make a
minimum of three visits to each school in a term to
mentor and provide professional support to teachers.
INDONESIAN CAPITAL LIMITS MOTORCYCLE TRAFFIC
City officials in Jakarta are mulling over schemes
to limit the number of motorcycles allowed in
certain areas during peak hours to help unsnarl the
city’s acute traffic jams. The Indonesian Motorcycle
Industry Association estimates there are about 35
million motorcycles in usable condition in the
country, and in the capital city of 8.5 million
people there are nearly one motorcycle for every
person and growing by nearly a thousand new bikes
every day. This extraordinarily high number of
motorcycles has exacerbated the city's already awful
traffic, especially during rush hour, and plans are
in place to begin banning bikes from a number of
main thoroughfares in this mostly Muslim nation
after the holy holiday of Ramadan, requiring riders
to continue their journeys by public transportation.
Motorcycle numbers have been increasing for six
years throughout the country, driven by affluence
and affordable credit schemes. Today, a new
motorcycle can be purchased with an initial down
payment of Rp 500,000 (US$50).
QUOTABLE QUOTE: "Necessity is the plea for every
abridgment of human freedom. It is the argument of
tyrants, the creed of slaves." William Pitt
(1759-1806), Prime Minister of England