April 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.

 

 

US Senator Russ Feingold (D-WI) introduced S. 423, "The Health Care Parity for Legal Transportation and Recreational Activities Act." The legislation aims at promoting health care parity for individuals participating in legal transportation and recreational activities-activities like motorcycling, snowmobiling, horseback riding, running or walking. This legislation addresses a loophole caused by a Department of Health and Human Services' rule making it possible for health care coverage to be denied to those who are injured while participating in these activities. Feingold was joined by Senator Susan Collins (R-ME) in introducing this legislation.

"From riding Harley David son motorcycles to visiting the Snowmobile Hall of Fame in St. Germain, these activities are part of Wisconsin 's heritage and economy," Feingold said. "It simply doesn't make sense to exclude those participating in these activities from health care benefits."

As background, self-insured employers and unions have been known to deny health benefits to their motorcyclist employees and union members. These unfair measures had been adopted on the questionable advice of third party administrators in an effort to keep the cost of insurance premiums low.

On August 21, 1996 an important opportunity arose when President Clinton signed the Health Insurance Portability and Accountability Act (HIPAA), prohibiting employers from denying health care coverage based on a worker’s pre-existing medical conditions or participation in legal activities.

In 2001, the Health Care Finance Administration released the final rules that would govern the law. The rules recognize that employers cannot refuse health care coverage to an employee on the basis of their participation in a recognized recreational activity. However, the benefits can be denied for injuries sustained in connection with those recreational activities. Essentially, the regulation grants protective status to motorcyclists without any substantive benefits.

"Because of this loophole, someone who participates in motorcycling, snowmobiling, running or walking could be denied health care coverage, while someone who is injured while drinking and driving a car would be protected," Feingold said. "It is time that Congress corrected this so that those who are abiding by the law are not denied coverage."

The AMA urges all motorcyclists—and those involved in any other type of recreational activity— to contact their Members of Congress and ask them to support S.423, The Health Care Parity for Legal Transportation and Recreational Activities Act.

 

 

Italian Speed limits are being raised to improve road safety according to transport minister Pietro Lunardi. Lunardi believes higher speeds will improve the traffic flow, and encourage motorists to pay attention. The change will affect six-lane highways after January 1, 2004, raising the limit to 150km/h (93mph),.Lunardi went on to say that psychologists and doctors say people who go faster drive better and are more careful, and that only 9 percent of fatal accidents were caused by speeding.

 

 

Massachusetts Senate Bill 1351, sponsored by Senator Richard T. Moore (D - Worcester and Norfolk ) on behalf of Paul ette Zazza, should be of great concern of all riders.

This legislation, entitled Petition To Improve Safety For Passengers Of Motorcycles, would prohibit any person 16 years of age or younger from riding as a passenger on a motorcycle on any Massachusetts roadway.

Massachusetts motorcyclists should contact their legislators immediately and let them know how such legislation would affect their family’s values. Ask your legislator to help protect the American Motorcycling Family by contacting their colleagues on the Joint Committee on Public Safety and asking them to vote against Senate No. 1351. A hearing is scheduled for March 27 at 10:30A.M. on this and other related motorcycling related legislation.

 

 

Idaho Senate Resources and Environment Committee Chair Laird Noh (R - Kim berly) introduced Senate Bill 1436. The bill would amend the Off-Road Vehicle Grant Program by requiring that grant recipients have an "adequate regulatory program (as determined by the parks and recreation board and director) ...to ensure that natural resources are not damaged."

In an open letter to the Resources and Environment Committee, Ron Stricklin, writing on behalf of the Idaho ATV Association, expressed concern that any new regulatory requirements would be redundant and counterproductive. Citing the National Forest Management Act (NFMA) and the National Environmental Policy Act (NEPA), Stricklin observed that, "land managers already have effective, though cumbersome, regulatory controls placed on their actions ...this bill would add another, unnecessary layer to the process."

The Idaho ATV Association also told the committee that the problem is not a lack of regulations, but rather a lack of management. The public land management agencies don't have the resources to enforce the existing laws and regulations and yet SB 1436 would make it even harder for them to acquire additional resources.

Concerned off-highway vehicle enthusiasts should contact the Senate Resources and Environment Committee and ask them to withdraw SB 1436.

For additional information visit the Idaho ATV Association web site.

 

 

Arkansas House Bill 1024 (HB-1024), introduced by Representative Cecile Bledsoe (R- Roger s), would require all motorcycle riders and passengers to wear a helmet.

Members of the House Committee on Public Transportation discussed the bill and heard testimony from several individuals during a public hearing on February 6, 2003 .

AMA and ABATE of Arkansas members Rod ney Robert s, Len Pitcock, and others testified during the public hearing. As a direct result of the input from these and other concerned motorcyclists, HB-1024 has been placed in “inactive status”.

 

 

Illinois companion bills HB 123 and SB21 have been positively voted out of both transportation committees. These bills are now in their respective houses for consideration.  There were no dissenting votes in committee. 

            The language, requested by the Illinois Motorcyclist's Rights Association (IMRA), has to do with the "Green Light Trigger" product showcased in the new products section of the October 2002 American Motorcyclist magazine. The language specifically does not prohibit use by motorcycles of electronic or magnetic safety devices designed to allow traffic control signal systems to recognize or detect motorcycles.

 

 

 

Connecticut Senators have introduced three bills to prevent or restrict children from riding as passengers on motorcycles. These bills assume that legislators know better than parents when a child should be allowed to ride as a passenger on a motorcycle.

Senate Bill 79, introduced by Senator Catherine Cook (R-Mystic), would forbid a child from being a passenger on a motorcycle. The bill was referred to the Joint Committee on Transportation on Jan uary 15, 2003 .

Senate Bill 269, introduced by Senator Toni Nathaniel Harp (D-New Haven), would prohibit anyone under the age of nine from riding as a passenger on a motorcycle. This bill was referred to the Joint Committee on Transportation on Jan uary 21, 2003 .

Senate Bill 614, introduced by Senator Joan Hartley (D-Waterbury), would prohibit anyone under the age of ten and weighing less than eighty pounds or less than four feet six inches in height from riding as a passenger on a motorcycle. This bill was referred to the Joint Committee on Transportation on Jan uary 23, 2003 .

Your letter in opposition to SB-79, SB-269 and SB-614 should be sent to The Honorable Biagio Ciotto, Chairman, Transportation Committee, Room 2300, Legislative Office Building , Hartford , CT 06106-1591 .

You are also encouraged to send a letter in opposition to these bills to your senator at the Connecticut Gene ral Assembly, Legislative Office Building , Hartford , CT 06106-1591 .

You may send your senator a letter and/or electronic mail message in opposition to all three bills by entering your zip code in the "Take Action Now" box of AMA Statewatch ( Connecticut legislation) on www.AMADirectlink.com.

 

 

Nebraska Senator Carroll Burling ( Ken esaw) has proposed LB-333, the mandatory titling of all ATVs and off-highway motorcycles (OHMs) sold in Nebraska beginning in 2004. The intent of the bill is to provide a way to trace stolen ATVs and OHMs in Nebraska . However, there is no mention of a way to fund trails.

Nebraska OHV Association (NOHVA) voted to ask their members to write their state senators, asking them to amend LB-333 to include funding for trails; if no amendment is included, they should vote against LB-333.

To identify your state senator, visit the state’s Unicameral web site at www.unicam.state.ne.us/senators/senators.htm , call your local county clerk or county election commission office, or call the state capital at 402-471-2271

 

Oregon House Bill 2640, sponsored by Representative Jeff Kruse (R-Roseburg), would prohibit group health insurance policies from excluding coverage of treatment expenses resulting from the of operation of a motorcycle.

For more information, contact: Ken Ray , Executive Director, BikePAC of Oregon at 503-351-8193

 

 

Tennessee House Bill 952 and Senate Bill 861, sponsored by Rep. Tidwell in the House and Sen. Burchett in the Senate, would allow adults  21 years of age or older to choose whether to wear a helmet or not.

House Bill 1054 and Senate Bill 1200 would allow motorcyclists to treat “non-functioning” traffic-control signals as stop signs. If you come to a red light which won't change and allow you to pass through it due to your motorcycle not 'tripping' the magnetic-field sensor you could proceed with caution. These bills are sponsored by Rep. McCord in the House and Sen. Clabough in the Senate.

 

 

West Virginia House Bill 2431, introduced by Rep. Dale Manuel (D- Jeff erson), would require helmet use by all ATV operators under the age of 18.

Senate Bill 104, introduced by Sen. Michael Oli verio II (D-Monongalia), would require helmet use by minors and would prohibit anyone under the age of 16 from operating ATVs of 250cc or greater displacement. Additionally, SB104 would prohibit any operator from carrying a passenger on certain machines or operating an ATV on a state road or highway.

House Bill 2130, introduced by Rep. Barb ara Fleischauer (D-Monongalia), is similar to the Oli verio bill except that it would prohibit the sale of ATVs with a displacement of more than 90cc for use by anyone under the age of 16.

 

 

Washington (state) Senate Highways and Transportation Committee Chairman Jim Horn ( R-Mercer Island ) has introduced a bill that would require signs to be posted alerting motorcyclists of hazards caused by construction work.

Under Senate Bill 5457, if any construction, repair or maintenance work presents a special hazard to motorcycles, the work location must be posted with signs warning motorcyclists of the hazard. The proposal calls for Department of Transportation to create a uniform sign for this purpose, and such a sign must include at least the following language: "Motorcycles use extreme caution."

"For motorcyclists, it can be very dangerous to ride along a road or highway and suddenly come across a work site that has loose gravel, a grade separation or an abrupt edge," said Horn.. "These types of hazards provide minimal risk to cars but can often be fatal for motorcyclists. This bill gives motorcyclists some advance notice that these types of conditions exist within the work site."

The measure has been referred to the Senate Highways and Transportation Committee and is supported by the Washington Road Riders Association.

 

 

US House Resolution 652, the National Forest Ecosystem Protection Act, was introduced by Rep. Robert Andrews (D-NJ).

HR 652 would: 1) Eliminate all commercial grazing on National Forests; 2) Eliminate all recreation (except primitive recreation ie. hiking) in areas adjacent to Wilderness Areas; 3)  Require the Forest Service to prepare an Environmental Assessment; a)  for study for wilderness suitability for all primitive lands extending from existing designated Wilderness Areas; b) to discuss ecological advantage of closing all "unimproved roads" in the study area; 4)  Authorize appropriations to: a)  spend $5 million to purchase private property within designated Wilderness Areas in the West; b)  spend $100 million to purchase private property within primitive areas extending from existing designated Wilderness areas in the East; 5)  Close all unimproved, unmapped, and non-system roads in primitive areas extending from existing designated Wilderness areas.

Write to the two committees considering the bill and ask them to take no action on House Resolution 652. The committees are: House Committee on Agriculture, Chairman Bob Goodlatte, 1301 Longworth HOB, Washington , DC 20515 and House Committee on Resources, Chairman Richard Pombo, 1324 Longworth HOB, Washington , DC 20515 .

 

 

Public Lands of the United States can be ordered free of charge, while they last, from the California Offices of the US Bureau of Land Management (BLM). To receive a copy of your 34" x 23" map published by National Geographic, visit the Web page http://www6.ca.blm.gov/newsbytes/issue96/index.php