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| From the American Motorcyclist Association
|
February 2003
News & Notes for the Politically Motivated Motorcyclists is a monthly
service
compiled and edited by the AMA Government Relations Staff to keep motorcyclists
informed of happenings around the world. We welcome your news & views.
Please
submit all material to Terry Lee Cook, Government Relations Specialist, 13515
Yarmouth Drive, Pickerington, OH 43147; fax 614-856-1920 or e-mail to
tcook@ama-cycle.org.
Colorado Off-Highway Vehicle Coalition (COHVCO) filed a notice of appeal
of a
federal district court decision which allowed the US Forest Service to restrict
motorized travel on 217,000 acres of the Routt National Forest to designated
roads and trails without first taking an inventory and designating open trails.
COHVCO's case, originally filed in the district court in June of 1999, will now
go up to the Tenth Circuit Federal Court of Appeals in Denver.
At the district court, COHVCO argued that the Forest Service failed to
comply
with the Administrative Procedure Act (APA) and the National Forest Management
Act (NFMA) in its decisions to restrict motorized travel to designated routes on
the Parks and Yampa Ranger Districts in the Routt National Forest. The Forest
Service originally stated that the restrictions were intended to close
"illegally constructed or maintained" user-created routes which had
been created
by riders following the beaten paths of riders before them. After COHVCO pointed
out that no one had ever actually "constructed" or
"maintained" these routes,
the Forest Service then stated that the restrictions were necessary to mitigate
"adverse impacts to soil, water, and wildlife." However, the Forest
Service
never pointed out just where on the ground these "adverse impacts"
were
occurring.
The Routt National Forest, located in northwestern Colorado just east of
Steamboat Springs, straddles the continental divide and covers over 1.1 million
acres. The Routt is immensely popular among all types of recreational visitors
due to its varied terrain, incredible beauty, and ease of access from Denver,
Ft. Collins, and other cities on the Front Range. Motorized recreation has
always been one of the Routt's biggest draws.
COHVCO will ask the Tenth Circuit to review the September 30, 2002
decision of
Judge John L. Kane, which said that the Forest Service was not required to do a
route inventory, and that use of off-highway vehicles could be restricted
whether or not the Forest Service could prove past or current conflicts or
resource impacts caused by such use.
The California Multiple-Use Summit will be held March 22, 2003 in
Sacramento,
CA.
The purpose of this Summit is to bring together representatives from the
entire multiple-use community in order to identify common problems, find common
solutions, embark upon unified efforts, and resolve possible misunderstandings
between various interest groups. The Summit will focus on keeping access to
lands and resources in California. There are no dues; no structure; no
taking
away memberships from anyone; and no political finagling.
All forms of access-oriented enthusiasts are invited,
including but not
limited to: four wheelers, equestrians, mountain bikers, metal detectors, ATV
riders, snowmobile riders, off-highway motorcyclists, miners, ranchers, gem
collectors, racers, dune enthusiasts, sand draggers, rock crawlers, hill
climbers, back country explorers, hikers, etc.
For more information go to www.delalbright.com/summit.htm
Road Causalities Great Britain, just published by the
Department of
Transport, shows that the number of people killed on British roads rose from
3,409 in 2000 to 3,443 in 2001 despite the rabid increase of speed monitoring
cameras across the English countryside.
American Motorcyclist Association (AMA) government relations
staff
participated in the Forest Roads Working Group dialogue held December 3-4, 2002
in Arlington, Virginia.
The Forest Roads Working Group (FRWG) is comprised of national
conservation
organizations including: The Izaak Walton League of America, Wildlife Forever,
Wildlife Management Institute, The Wildlife Society, Trout Unlimited, Outdoor
Industry Association, Pinchot Institute for Conservation, and International
Paper (all advocating for implementation of the Clinton era Roadless Area
Conservation Rule).
The dialogue, facilitated by the Meridian Institute under contract with
the
FRWG, was attended by 50 representatives of conservation, timber and timber
product organizations, American Hiking Society, western states officials as well
as Forest Service Chief Bosworth, Mark Rey, David Tenny, David Barone and Gail
Kimball also of the Forest Service. Staff from both the Senate Public
Lands &
Forests Subcommittee and House Forests & Forest Health Subcommittee attended
for
the majority of the meeting. In addition to AMA, motorized recreation interests
were also represented by the Motorcycle Industry Council and the Blue Ribbon
Coalition.
The Forest Roads Working Group's Discussion Paper supporting the
immediate
implementation of the Roadless Area Conservation Rule singled out OHV recreation
as a recreational activity destructive of public lands. This paper was released
to dialogue invitees two weeks prior to the dialogue. Recreation representatives
spent considerable time during the first day of the dialogue correcting
erroneous assertions made by meeting attendees regarding motorized recreation
and the motorcycle and all-terrain vehicle industry.
A written summary of the dialogue exchanges will be compiled by the
Meridian
Institute and released for review to dialogue participants. Counsel for
the
Forest Roads Working Group indicated the FRWG will meet to consider the content
of the dialogue and may revise the Discussion Paper based on the information
learned at the dialogue.
The Massachusetts Motorcycle Association will file a class action suit
against
the city of Newburyport, after 230 motorcyclists were issued excessive noise
citations while only three noise complaints were filed by residents over the
last three years.
After reviewing more than 1,500 pages of Police Department
documents, MMA
Legislative Director Paul Cote said he is questioning whether motorcyclists'
civil rights were violated in the city, especially considering that some of the
citations were issued without sound metering equipment. Six-months after the
MMA's request for police documents, the state Supervisor of Public Records
ordered the police to release the public documents.
Cote, an Amesbury resident, said they plan to bring a class action
lawsuit
against the city for an estimated $150,000 -- the amount in damages to some of
the 230 cited riders over the last three years.
The citation for excessive noise carries a $50 fine, an
increased insurance
premium of 7 percent for six years, and if more than three citations are issued,
the loss of a license for 30 days. The city shares 50 percent of the citation
fines collected. Cote said he expects to be in court some time in January or
February.
The Coalition for Recreational Trails, a federation of national and
regional
trail-related organizations including the American Motorcyclist Association, has
announced its fifth annual Achievement Awards. The Coalition's awards program
was established to recognize outstanding trail projects funded by the national
Recreational Trails Program (RTP).
The awards will be presented in Washington, D.C. on June 12 during Great
Outdoors Week 2003 (June 9-13) as part of the Coalition's ongoing effort to
build awareness and appreciation of the RTP, a highly successful program that
has greatly enhanced the quantity and quality of trail experiences available to
the public. The awards ceremony will be held on Capitol Hill and Members of
Congress will be encouraged to join the Coalition in honoring the outstanding
achievements of their constituents.
Award winners will be selected from projects nominated by
public agencies,
trail administrators or other project sponsors and will reflect the diversity of
trail activities that receive RTP funding. To be eligible for recognition, a
project must be complete and must have received RTP funding since 1998. Award
categories include: construction and design; maintenance and rehabilitation;
education and communication; accessibility enhancement; multiple-use management
or "corridor sharing"; environment/wildlife compatibility; and use of
youth
conservation/service corps.
The Coalition for Recreational Trails and AMA invites trail
administrators,
agencies and project sponsors to nominate an outstanding project in one or more
of the above categories and/or to encourage the sponsor(s) of an excellent
project to submit a nomination as well.
Nomination forms are available directly from the Coalition at (202)
682-9530
or arc@funoutdoors.com). The form and any supporting materials, including
pictures, should be sent by March 14, 2003 to Alicia L. Knight, Legislative
Counsel, American Horse Council, 1616 H Street, N.W., Washington, D.C. 20006.
Questions should be directed to Ms. Knight at 202-296-4031 or via e-mail at
Aknight@horsecouncil.org. Winners will be notified no later than April 21, 2003.
Texas Department of Agriculture Commissioner Susan Combs in concert with
property, environmental and agricultural interest groups unveiled proposed
legislation to prohibit motor vehicle access to the state's waterways. The
legislation being proposed is based on recommendations made by a Texas Parks and
Wildlife led taskforce of "riverbed stakeholders".
Three separate bills have been introduced to prohibit
off-highway vehicle
access to riverbeds. Senate bill 155, introduced by Senator Judith
Zaffirini (D
? Laredo), and house bill 305, introduced by Representative Robert Puente (D ?
San Antonio) would prohibit the operation motor vehicles in the "bottom,
bed, or
bank of any navigable river or stream". House bill 206, also
introduced by
Representative Puente, would grant river authorities the power to prohibit
"vehicular access to and use of the beds and banks of the state-owned
watercourses". All three bills would exempt adjacent upland property
owners
from any new vehicular prohibitions.
Senate bill 155 and house bills 206 and 305 are posted on the
StateWatch
section of the "Protecting Your Right to Ride" page of
AMADirectLink.com.
Concerned motorcycle and all-terrain vehicle enthusiasts can use the Rapid
Response feature of the website to identify and contact their state legislators.
Shanghai, China officials, in an effort to reduce air pollution, have
proposed
to ban all 789,000 motorcycles (55 percent of all traffic) from operating within
the city.
San Francisco, CA Board of Supervisors approved a measure to try to ease
motorcyclists' parking woes in the city. Introduced by Supervisor Matt Gonzales,
at the request of the San Francisco Motorcycle and Scooter Coalition, the new
law calls for cars to be towed if they're parked in motorcycle spots. The law
also requires city traffic officials to consider designating a space as
motorcycle parking before making it a no-parking zone.
California's Coastal Commission was declared unconstitutional December
30,
2002 by a state appeals court in Sacramento. Among the commission's many
responsibilities is a yearly review of the conditional use permit for Oceano
Dunes. The commission was found to violate the California Constitution's
separation of powers provision because eight of its 12 members are appointed by
and serve at the pleasure of legislative leaders, even though commissioners make
mostly executive and judicial decisions.
New Jersey Assembly Bill 3047 (A3047), sponsored by Assemblywoman Connie
Myers
(R ? Washington) and Assemblyman Joseph Azzolina (R ? Middletown), authorizes
the Division of Motor Vehicles to issue special veterans' license plates
designed for motorcycles to honorably discharged veterans. A $15 application fee
would be required in addition to the regular registration fee. Letters in
support of A3047 should be sent to The Honorable John Wisniewski, Chairman,
Assembly Transportation Committee, State House Annex, P.O. Box 068, Trenton, NJ
08625-0068.
South Carolina Senate Bill 32 (S32), introduced by John Knotts, Jr. (R -
West
Columbia), authorizes a Purple Heart recipient special motor vehicle license
plate for use on motorcycles. Letters of support should be sent to The Honorable
W. Greg Ryberg, Chairman, Senate Transportation Committee, 203 Gressette Bldg.,
P.O. Box 142, Columbia, SC 29202.
Pennsylvania Assembly Bill 2993 (HB2993), introduced by Representative
Richard
Geist (R ? Altoona), provides for a one-year suspension of operating privileges
for certain offenses related to motor vehicles. It also levies a $500 fine
for
those convicted of careless driving. Your letters of support should be sent to
The Honorable Richard Geist, Chairman, House Transportation Committee, Capitol
Bldg., House Box 202020, Harrisburg, PA 17120-2020.
Washington State Senator Jim Horn (R-Mercer Island) has been chosen to
chair
the Senate Transportation Committee. Senator Horn, a long time motorcyclist and
HOG member, has been a consistent advocate for motorcyclists during his time in
the legislature.
Carefree, Arizona city officials have adopted ordinance 2002-14, revising
the
town code to prohibit "Noise of such a character, intensity or duration as
to be
detrimental to the life, health or well-being of any individual, or to
unreasonably disturb the peace and quiet of a neighborhood, family or
person."
This proposed ordinance specifically outlines motor vehicles, including
motorcycles, in the arbitrary criteria for enforcement and levy of fines
starting at $175.00 up to $2,500.00 with 180 days of imprisonment.
===============================================
The President's Healthy Forest Initiative - Comments needed
Dear
access interests:
The following is from a timber interest. Blue Ribbon has taken a position
in support of the President's initiative regarding Healthy Forests and I
used the following letter urging a positive comment. It's easy to do, just
follow the instructions.
The
comment deadline is January 15, 2003.
This is another way we can show our support for the current administration.
I know some of you may be concerned about the relaxing of rules related to the
use of Categorical Exclusion by the USFS but this porposal limits size and
purpose to the point that I believe the good outweight the potential bad.
Joni Mogstad
January
8, 2003
TO:
AFRC Members and Friends
FROM:
Tom Partin
RE:
Urgent Action Required Comments on Bushs Healthy Forests Initiative
Earlier
this week you were sent an Action Alert regarding comments needed
on President Bushs Healthy Forests Initiative. Improving the health of our
forests to reduce the risk of insects, diseases and catastrophic wildfires is a
top priority for President Bush. His proposals will modernize regulations
clearing the way for responsible management that focuses on protecting forests,
watersheds, wildlife and communities. Your comment letters, as well as
your employees, that express support for the changes President Bush is proposing
are critically important.
Response
to date has been extremely disappointing; with just one hundred individuals
sending emails to the respective agency officials. Noteworthy is the fact
that Erickson Air Crane has had great participation, followed by Boise and
Sierra Pacific Industries. While the latter two companies have about a
dozen participants, given the size of their operations there is still a lot more
potential.
We
have made it easy for you and your employees to support the Presidents Healthy
Forests Initiative, you can either Click
Here or visit AFRCs website at www.afrc.ws
and the click & sendcomment emails can be found under Public Comment.
For
your employees that do not have Internet access, several other forms of comment
such as petitions and postcards are available. For more information,
contact AFRCs Portland office at 503-222-9505.
Remember,
in his decision to stand with us and address the forest health crisis, President
Bush has loaned us his own good name and all of the power that comes with his
office. But he needs our strong support to put his Healthy Forests
Initiative on a firm and lasting foundation