OMRA Legal News

OMRA Legal News

News & Notes for the Politically Motivated Motorcyclists

October 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.

Thousands of Americans will take part in hundreds of projects on Saturday, September 20, 2003 as part of the 10th annual National Public Lands Day (NPLD). Each year, the country’s largest volunteer, hands-on effort draws volunteers from every state to provide the “Helping Hands for America ’s Lands.”

The day’s signature event will be at Constitution Gardens on The National Mall in Washington , D.C. , not far from the Lincoln Memorial and Reflecting Pool. Members of Congress, local and national celebrities are expected to join Woodsy Owl, the USDA Forest Service’s mascot, and hundreds of volunteers in lending a hand to some of the country’s most significant and well-recognized landmarks, including the cherry blossom trees, Washington Monument, U.S. Grant Memorial, and Potomac River shoreline.

This year’s activities will focus on improving and preserving our nation’s habitats. Volunteers, of which many are Off-highway vehicle enthusiasts, will install signs, improve trails and campgrounds, and build facilities that will enhance America ’s public lands.

Volunteers and their community partners contributed $8 million in improvements to America ’s public places during last year’s NPLD. They built or refurbished 78 miles of trails, planted 11,000 trees and plants, installed 200 benches and 70 picnic tables, installed or painted 400 bird and bat houses, built four miles of new fencing, and removed 700 tons of trash.

For more information, including a list of National Public Lands Day sites, activities, contacts and downloadable photos, go to www.npld.com, or call 800-VOL-TEER (800-865-8337). Print PSAs for National Public Lands Day are available in PDF form at www.npld.com/PressRoom/PSA.pdf .

AMA Community Council – Metro Richmond (VA) came up with an innovative idea for July’s National Ride to Work Day, held annually across the country and supported by many organizations and enthusiast press.

In conjunction with Moto Europa (a local motorcycle shop), it held the First Annual Ride to Work Day Breakfast. Approximately 75 riders came through in the two hours including the local state police sergeant and Assistant Secretary of State Bob Crouch who is an AMA member.

The Community Council recruited a few new members, several applications went home for completion and the Moto Europa management wants to continue the event next year.

Michigan‘s ATV-safety training program, which is funded by vehicle registration fees, has been saved. The enacted version of Senate Bill 574, authored by Sen. Burton Leland (D – Detroit), transfers responsibility for the off-road vehicle safety education fund to the Department of Natural Resources and Environmental Protection. Earlier this year, Gov. Jennifer Granholm (D-Northville) had proposed to eliminate the program from the Department of Education, as part of her FY 2003-04 budget proposal.

ABATE of Massachusetts, Inc., and the Massachusetts Motorcycle Association (MMA) approved and signed an AGREEMENT dated July 31, 2003 , where ABATE of MA would cease operations effective December 31, 2003 , as a 'member based' organization, incorporating its members into the MMA.

"After taking over as Director of ABATE of MA," says David Condon, "I found that our efforts overlapped with those of the MMA. Duplication at the State House was causing some confusion among the State Officials and their Staff, and was counterproductive in advancing our issues for the motorcyclists of this state."

Jimi Ricci, Chairman of the MMA, welcomed the unification of the two groups. "Like most states with more than one organization advocating motorcyclists' issues, that '2nd organization' starts when a few are disgruntled. The MMA has shown over the past two legislative sessions we are getting things done at the State House and in other government agencies, and working together will increase results vs. working separately."

Both organizations established a working committee which met over the past six months working on the terms of the Agreement. The MMA will maintain the rights to the ABATE of MA, Inc., name.

ABATE PAC (political action committee) will remain with new officers. It is expected the PAC will get a boost of activity and donations from MMA members in supplementing legislative efforts, especially enactment of the adult helmet choice bill, Senate, No. 1363, presently in the Senate Ways and Means Committee.

The full agreement is displayed on both organizations web sites (www.mma-of-ma.com and www.abateofma.com).

Wisconsin Assembly Bill 463, introduced by Rep. Mark Pettis (R-Hertel), an ATV rider himself, would allow ATV riders under the age of 12 to operate on private land and to participate in sanctioned events. Presently, a rider under the age of 12 can only ride on state ATV trails but not on private property – not even if it belongs to the youngster’s family.

Roughly 50 race promoters, club leaders, and concerned families met with Karl Brooks, ATV Administrator from the Department of Natural Resources - Bureau of Law Enforcement, hoping to better understand the situation and offered suggested alternatives that the Wisconsin ATV Association (WATVA) could bring forward to state legislators to change this dated law.

The bill has been referred to the Committee on Tourism. Concerned riders can support the bill by writing to Mark Pettis, Chairman, Committee on Tourism, Capitol Building #18-W, Madison , WI 53708 or by contacting their state legislator at http://www.legis.state.wi.us/waml.

Montana Governor Judy Martz has reappointed Helena resident and AMA Vice Chairman Dal Smilie to the Montana Motorcycle Safety Advisory Committee. The committee advises the Montana Motorcycle Rider Safety Program.

California State Parks will be conducting a fuel use survey in the upcoming months throughout the state. Participants will be asked questions regarding their fuel use and the results will be used to determine the OHV portion of the overall state gas tax revenue. The AMA encourages those contacted to participate in this survey.

Pennsylvania ’s House Bill 181, introduced by Representative Teresa Forcier (R-Titusville) to increase penalties for right-of-way violations that cause injury or death to other roadway users has stalled in committee. This bill is consistent with model legislation included in the AMA's Motorcyclists Matter campaign,

Your letter in support of HB-181 should be addressed to The Honorable Richard A. Geist, Chairman, House Transportation Committee, Main Capitol Building , Room 144, Harrisburg , PA 17120-2020 . You may also contact Representative Geist in his Harrisburg office via telephone at 717-787-6419 or fax at 717-772-5142, or his district office in Altoona via telephone at 814-946-7218 or fax at 814-949-7915.

An additional letter in support of HB-181 should be addressed to your representative at the Pennsylvania House of Representatives, Capitol Building , House Box 202020, Harrisburg , PA 17120-2020.

Your support for HB-181 is needed NOW to make sure Pennsylvania motorists and courts know that 'Motorcyclists Matter.'

Lyon County , NV commissioners recently approved a resolution in support of better management of an existing multiple-use recreation facility at Wilson Canyon . For several months, the Bureau of Land Management (BLM) had been under pressure by anti-access groups to close this popular camping site on the Walker River . The commissioners also asked for cooperating agency status pursuant to Council for Environmental Quality regulations.

Local pro-access interests, the Blue Ribbon Coalition, and the Friends of Wilson Canyon (FOWC) have offered solutions to the federal land agency to help with such issues as soil erosion, vehicle trespass, excessive sound, management, and possible implementation of the 96dBA sound limit for off-highway vehicles (OHVs).

To find out more about FOWC and to get a copy of the Lyon County resolution go to: http://www.wilsoncanyonnv.org/

Arizona OHV enthusiasts want to form a state-wide association to represent their interests with legislators and regulatory officials.

Along with Blue Ribbon Coalition, Motorcycle Industry Council and AMA, the National OHV Conservation Council hosted an August OHV summit and workshop aimed at creating a motorized coalition of user groups throughout the state.

Riders interested in joining this organization should contact Sanford Cohen, NOHVCC State Rep., 414 N. Fitzmaurice Dr, Prescott Valley, AZ 86303 or by email at sanford9@mindspring.com.

Illinois Governor Rod Blagojevich (D) amendatory vetoed Senate Bill 1804, which would have required that 85% (now, 60%) of the money from the Off-Highway Vehicle Trails Fund be used for motorized recreation. The Governor recommended that the motorized proportion of the fund be raised to 70%, rather than 85%. ABATE of Illinois fostered this initiative and is working to override the veto.

The National Highway Traffic Safety Administration (NHTSA) has released its Vehicle Safety Rulemaking and Supporting Research: Calendar Years 2003-2006.

The section on motorcycles includes a section entitled Improve Motorcycle Safety – where NHTSA outlines its desire to increase helmet usage as well as upgrade the Federal Motor Vehicle Safety Standard number 218 that establishes helmet testing procedures, including addressing comfort and labeling requirements.

The agency is considering undertaking a crash data collection effort that is jointly funded by the Offices of Traffic Injury Control, Applied Research, and Rulemaking. Then, the agency will initiate rulemaking to update international braking standards. NHTSA is also undertaking conspicuity research, and it published a Final Rule to reduce the minimum hand lever and foot pedal force for fade and water recovery tests in August 2001.

The document is online at http://www.nhtsa.dot.gov/cars/rules/rulings/PriorityPlan/FinalVeh/Index.html

New Jersey ’s Department of Environmental Protection (DEP) Commissioner Bradley M. Campbell is warning potential violators that regulations prohibiting off-highway vehicle (OHV) use on public lands are being strictly enforced.

The Department is pursuing zero tolerance with illegal operators, area enforcement sweeps, unregistered and uninsured vehicle impoundment, and maximum fines for all violators, resulting in fines of up to $1,000 per violation. A total of 62 vehicles have been impounded, and 48 individuals were arrested and jailed this year.

Commissioner Campbell added that while illegal OHV use is not tolerated, the department supports the safe and proper use of OHVs in designated areas or during specially permitted events.

Acknowledging that proper OHV operation has a recreational value to a
growing number of residents in the state, the DEP’s new policy also calls for its Office of Natural and Historic Resources to develop appropriate recreational areas for lawful OHV use - while meeting the policy’s safety and natural resource protection requirements. Two such facilities will be established and in full operation by 2005 according to DEP.

Michigan Senate Bill 321, introduced by Senators Cropsey, Barcia, Leland, Patterson, Prusi, Stamas, Jelinek, McManus and Schauer and referred to the Committee on Transportation, provides exceptions to requirement of wearing motorcycle crash helmet if successfully completed motorcycle safety course.

SB 321 aims at putting Michigan among the 31 other states that have restored the long-standing fundamental belief of both AMA and ABATE of Michigan that adults should continue to have the right to voluntarily decide when to wear a helmet.

You can find all of your Senators contact information at http://senate.michigan.gov/SenatorInfo/find-your-senator.htm, or by mail at: Michigan Senate, State Capitol, PO Box 30036 , Lansing , MI , 48909-7536 .