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AMA Government Relations News & Notes

March 2004

AMA Government Relations News & Notes 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.

Massachusetts off-highway motorcycle and ATV riders should contact their state legislators in support of trail maintenance legislation that was introduced last year by Rep. Michael Rodrigues (D–Westport). The New England Trail Rider Association (NETRA) is encouraging support for House Bill 971 which would require riders to purchase a “trails maintenance assessment” permit to use their vehicles on public lands.

In 1996 Massachusetts formalized volunteer maintenance efforts by signing agreements with NETRA clubs. Under these agreements trail riders have already performed over 15,000 hours of volunteer work improving and maintaining trails in the Commonwealth’s vast state forests. All of this volunteer work was performed under the direct supervision of the state at no cost to the Commonwealth.

HB971 is needed to halt the trend of closing trails which have traditionally been used by trail motorcycles and all terrain vehicles (ATVs). Only Massachusetts trails which are kept open to trail motorcycles and ATVs would qualify for this trail maintenance funding. Because trail motorcycles and ATVs using these trails would have to purchase a trail maintenance sticker from the association, there would be no impact on the state’s budget. With the passage of HB 971, not only will greater resources be available to maintain the state’s multi-use trails, but a dedicated revenue stream will be established to ensure future maintenance takes place.

A letter of support (provided by NETRA) can be sent to your Massachusetts State representative and senator by clicking the “Take Action” button in the AMA Statewatch section of www.AMADirectlink.com.

Among the new laws enacted, effective on January 1, in various states that can affect motorcyclists are: Illinois makes it illegal to drive/ride in the left lane of an Interstate highway for more than a half-mile. Florida drivers/riders 80 and older must pass a vision test to renew their licenses. Connecticut teens with a motorcycle license cannot carry a passenger for the first six months they are licensed. Oregon drivers/riders who refuse to change lanes or pass slowly moving away from emergency vehicles stopped on the shoulder can now be fined. Violators face a minimum fine of $237.

Virginia’s Off-Highway Vehicle (OHV) Leadership & Program Strategy Workshop, held January 10-11, 2004 in Richmond, will allow activists to form a functional statewide OHV recreation association and to identify actions that will protect and improve opportunities on public lands within the Old Dominion.

The weekend workshop was sponsored and conducted by the staffs of the National Off-Highway Vehicle Conservation Council (NOHVCC) and the American Motorcyclist Association (AMA) government relations department.

A six-month development plan, made for the fledgling statewide Virginia OHV Association, positions on land-use policy, and the desired future organization condition for the OHV communities was determined.

Wyoming Representative Wayne H. Johnson (R-Cheyenne) has introduced legislation that seeks to remove statutory restrictions on lane sharing by Wyoming motorcyclists. HB0024 would permit no more than two (2) motorcycles to be operated abreast in a single lane by consent of each operator. Current law prohibits motorcyclists from riding two abreast or stopping side-by-side at a traffic control device. Currently, only a few states prohibit motorcyclists from riding two abreast.

You can use the”Take Action Now” feature on AMA StateWatch at www.AMADirectlink.com to contact the appropriate officials.  

New York Governor George Pataki wants to more than quadruple registration fees instantly for off-highway motorcycles and all-terrain vehicles, but part of the money would go to create riding trails.

In his $99.8 billion state budget proposal released in late January, Pataki wants to hike the registration fees from the current $10 to $45, which would raise an estimated $5.8 million a year. The proposal earmarks $850,000 for development of off-highway motorcycles and ATV trails, and enforcement of related rules, with the rest of the money going into the state general fund.

In addition, the appropriation would have to be renewed by state lawmakers annually, and riders would be required to register their vehicles with the state, carry insurance, and have licenses plates on their vehicles.

"We're very pleased that Gov. Pataki recognizes the importance of having dedicated trails for off-highway motorcyclists and quad riders," said Sean Maher, director of state affairs for the AMA and the All-Terrain Vehicle Association. "But we have serious concerns about this proposal, including the massive hike in registration fees compared with what off-road riders and ATVers get in return.

"Plus, the proposal doesn't create a dedicated trail fund, which means that we could see all the money once again going into the state general fund, as has happened in the past," Maher said. "We will be working with the New York State Off-Highway Recreational Vehicle Association to try to shape this program to be more equitable for off-highway riders and ATVers."

            In the mid-1980s, a law was passed to collect a $10 registration fee for off-highway motorcycles and ATVs, with half the money earmarked to create motorized trails. But in 1990 lawmakers repealed the trails provision and diverted all the money to the state general fund. The registration fees have gone into state coffers ever since.

            See the AMA StateWatch section of www.AMADirectlink.com for more information.

A proposed law in California that could have forced some motorcyclists to become organ donors against their wishes was amended to exclude the organ-donation provisions, but ultimately died in committee.

The amended Assembly Bill 1200 proposed allowing adults 18 and older to decide whether to wear a helmet when riding a motorcycle. The organ-donation provisions, which had outraged the AMA and motorcyclists nationwide, stated that those who chose not to wear a helmet are "deemed to have consented to the making of an anatomical gift under this act."

The AMA worked directly with Assemblyman John Longville (D-San Bernardino) to remove all of the organ-donation provisions from AB-1200.

The East Peoria, Illinois City Council, which last July banned any use of ATVs and off-highway motorcycles within city limits, has approved a new ordinance to amend the law.

 Under the new law, approved January 20, residents are now allowed to ride their ATVs and off-highway motorcycles on their own land, but they need to get the permission of any neighbors who have homes within 10 feet first.  The new law also provides for trespassing fines ranging from $250 to $750.

            The law is seen as a compromise because the July law banned the use of ATVs and off-highway motorcycles completely within city limits, even on a rider's own land. That law outraged ATV and off-highway motorcycle riders, who contacted the AMA/ATVA for help. The enthusiasts formed an AMA Community Council to carry on the fight locally with continued support from the AMA/ATVA Government Relations Department, AMA Clubs and ABATE of Illinois.

            At an August 5 Council meeting, Bobbie Berryman, secretary for the AMA Community Council-East Peoria, presented the City Council with a petition containing more than 1,000 signatures opposing the ban. The Council then voted to allow ATVs and off-highway motorcycles to be used for property-related chores, and formed a committee made up of citizens and city officials to study recreational use of the vehicles on private land, and possibly make recommendations to amend the law. Those efforts resulted in the new, compromise law.

Maryland Delegate George W. Owings, III (D-Owings) proposes to increase penalties for those convicted of right-of-way violations that result in injury or death to other roadway users. HB-27 was introduced and first read in the House of Delegates on January 14, 2004 and is now referred to the House Judiciary Committee. HB-27 also mandates that all fines collected under provisions of the bill be used to fund the Motorcycle Safety Program in Maryland.

You can use the ”Take Action Now” feature on AMA StateWatch at www.AMADirectlink.com to contact the appropriate officials or to send a pre-written letter to your delegate.  

Sacramento County, California AMA Life member Ken Heuser, graduate of AMA’s Ride Into Political Action seminar and AMA MVP award winner, was recently approached by members of the Sacramento County Republican Central Committee to run for election to that body.

Before being eligible to have his name on the ballot Heuser was required to obtain twenty signatures on a petition. This was accomplished at a regular meeting of the AMA Chartered Dirt Diggers Motorcycle Club. 

After turning the petition into local election officials and while waiting for the primary election Heuser received a letter from the Sacramento County Voter Registration and Elections Office stating "Inasmuch as there are only seven (Qualified) persons standing for the nine open positions for election in the 4th District. Pursuant to applicable statutes, you shall be declared elected."
            The next time you hear someone say that “You can't fight City Hall,” remember that 20 AMA members just elected Heuser. 

An elderly Ohio man who caused the death of a motorcyclist in a traffic accident two years ago has been indicted in another motorcycle crash that cost a woman her leg.

Everett Hargrove, 75, of the Toledo area, was indicted recently for negligent assault in a September 9 crash in which Hargrove's vehicle collided with a motorcycle ridden by Nancy Hejl, 40. Hejl lost a leg as a result of the crash. Hargrove allegedly pulled out of a driveway into Hehjl's path. He faces up to 60 days in jail if convicted.

In August of 2001, Hargrove pulled out of a driveway and his vehicle collided with a motorcycle, killing rider Daniel Gfell of Toledo. Hargrove was convicted of vehicular homicide and received a suspended 10-day jail term as well as a three-month drivers license suspension.

For three years now, the AMA has been involved in a campaigned called Motorcyclists Matter that focuses attention on the dangers faced by motorcyclists and other vulnerable users.

You can learn more about the program by going to www.AMADirectlink.com and clicking on the “Rights” icon or contacting AMA Legislative Affairs Specialist Imre Szauter at (614) 856-1900, ext. 1125, or by e-mail at iszauter@ama-cycle.org.

Washington (state) Senate Joint Memorial (SJM) calls upon the US Congress and President Bush to support S423 and HR1749 - "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.

SJM 8041 was introduced by Senator Ken Jacobsen and cosponsored by ten senators. The resolution was read on January 26, 2004 and referred to the Committee on Health and Long-Term Care.

You can show your support SJM 8041 by contacting your Washington state senator and requesting he or she vote for this resolution. Using the ”Take Action Now” feature of AMA StateWatch on www.AMADirectlink.com, you can send a pre-written letter to your senator.

Pennsylvania House Bill 2133, introduced by Representative Kerry A. Benninghoff (R-Bellefonte), proposes to amend Title 75 of the Pennsylvania Consolidated Statutes by adding a section 4310 to read, "Auxiliary lighting may be added to a motorcycle to protect the driver, including blue dot illumination, standard bulb running lights and various colors of valve stem caps, light-emitting diode (LED) pods and strips, light wire, neon tubes and strobe lights."

Motorcyclists and safety experts know that additional lighting increases visibility of motorcycles to other motor vehicle operators. Many enthusiasts have decided that stock lighting on their motorcycles is not enough. The addition of after-market lighting boosts conspicuity, especially at night. Even during daylight hours, adding more lights may help other drivers more clearly identify motorcycles.  

Contacting your representative is important in promoting HB-2133. You can use the "Take Action Now" feature of www.AMADirectlink.com to send a pre-written letter of support for HB-2133 to your representative.