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February 2005

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.

AMA is hosting a Washington, D.C., seminar for motorcyclists who want to learn how to influence governmental decisions, whether in Congress or their local councils.

The seminar is March 6-9, 2005 at the Phoenix Park Hotel in Washington, DC.  Participants will meet and learn from the AMA’s Washington staff, as well as other political experts. In addition to learning about state and federal issues facing motorcyclists today, participants will get tips on building relationships with government agency officials and lobbying elected officials.

Participants will also prepare to meet face-to-face with members of their congressional delegation.  But the seminar isn’t all work; there will be a welcome reception, as well as a luncheon and a banquet over the course of the seminar.

The seminar registration fee is $75. The registration deadline is February 11. AMA membership is required. For more information or to register, contact Sharon Titus at (614) 856-1900, ext. 1252 or by e-mail at stitus@ama-cycle.org.

A Pennsylvania General Assembly bill to increase penalties for careless driving when someone is injured or killed has cleared and been signed into law by the Governor Edward Rendell. The measure, HB-873, received final approval in the House by a 192-2 vote on November 21. ABATE of PA was the driving force in getting the bill passed, backed by the AMA, as part of the AMA's national Justice for All campaign that seeks increased penalties for those who kill or injure vulnerable road users, including motorcyclists and bicyclists.

Under the new law, drivers convicted of careless driving when the offender unintentionally causes the death of another person face increased fines of $500 and a six-month drivers license suspension. A careless driving offense that results in serious bodily injury to another person carries a $250 fine and three-month license suspension.

Under current law, a careless-driving conviction results in a $25 fine plus costs and fees, as well as three points off a person's license. No further penalties currently exist if a death or serious injury results from a careless-driving violation.

The bill is the latest victory for motorcyclists in efforts nationwide to increase penalties for drivers who injure or kill vulnerable road users, and to educate drivers to share the road. Similar laws have been passed in Washington New York, Virginia, North Carolina, Washington, and Massachusetts.

The AMA's national Justice for All campaign focuses on the inadequate sentencing of drivers who kill or seriously injure others on the road. The campaign seeks to get three measures passed in all 50 states. Those measures will: increase penalties, including jail time, for those who commit manslaughter with a motor vehicle; impose fines and drivers license suspensions on drivers who commit traffic offenses that injure or kill others; and get motorcyclist-awareness instruction included in each state's driver-education program. To learn more about the AMA Justice for All program, go to the Justice for All page. Or contact AMA Grassroots Manager Terry Lee Cook at (614) 856-1900. ext. 1288; or by e-mail at tcook@ama-cycle.org.

The AMA Board of Directors has presented Ed Waldheim, president of the California Off-Road Vehicle Association, with the AMA Motorcycling Advocate Award for his lifetime of work for motorcyclists. Waldheim is a member of the Board of Trustees for AMA's District 37 (Southern California). He is also a member of the California Off-Highway Motor Vehicle Recreation Commission, president of The Friends of El Mirage, and active with many other groups.

The Motorcycling Advocate Award, one of the AMA's highest honors, was created by the AMA Board of Directors to recognize individuals fighting for the rights of motorcyclists.

Japanese officials have yet to decide how to implement a revised law allowing motorcyclists to carry one passenger on certain freeways.

Under the traffic law revised in June 2004, motorcyclists 20 or older who have had a motorcycle license for more than three years will be allowed to ride double on freeways.

Riding double on motorcycles was banned in 1965 after a series of accidents by motorcyclists riding double on freeways. The law was revised following motorcyclists’ increased demand to use freeways and their complaints about the inconvenience of traveling long distances when not able to use freeways.

The revised law also raised fines for violators from 6,000 yen (about $58) to 12,000 yen (about $116). Those who don’t pay, or who contest the ticket and are found guilty by a court, now face a fine of up to 100,000 yen (about $972). The previous fine was up to 50,000 yen (about $486). (Stars and Stripes)

New Jersey Assembly bill 3425, which would have seriously restricted racing at most racetracks, was withdrawn from consideration. Under the proposal, introduced by Assemblymen Michael Panter (D-12th) and Robert Morgan (D-12th), no motor vehicle could be operated on a racetrack that is within a mile of residential housing before 11 a.m. or after 10 p.m. Monday through Saturday, and before 11 a.m. and after 7 p.m. on Sundays. 

Violators would face fines of $2,500 for the first offense, $5,000 for the second offense, $10,000 for the third offense, and $25,000 for the fourth and subsequent offenses.

Track operators say that this proposal would have essentially shut down certain forms of racing in the state as it would be virtually impossible for clubs or promoters to run successful dirt-track or motocross events.

The AMA is not opposed to reasonable hours of operation for racing facilities.  But, such regulations, if necessary, should be worked out at the local level among the track operator, neighboring property owners and local government. 

Oregon Senator Frank Shields introduced legislative concepts (LC) draft 1068 at the request of BikePAC of Oregon.  LC 1068 seeks to close a loophole in insurance law that permits a health plan to restrict or eliminate benefits if an injury is sustained while riding a motorcycle.

The members of the committee voted unanimously to admit LC 1068 as a committee bill.  It is expected that a bill number will be assigned in a couple of weeks. For more information contact Ken Ray, Executive Director, BikePAC at 503-351-8193 or at ken@consultken.com

British motorcyclists will now be allowed to use car-pool lanes whether or not they carry passengers. The High Occupancy Vehicle (HOV) lane is being tried on the M1 from Autumn next year. If it works it will be extended. The Government is keen to encourage car sharing to “make better use of existing road space,” according to Transport Secretary Alistair Darling. (MCN.com)

The Bureau of Land Management’s (BLM) Amarillo Field Office is issuing a supplementary recreational permit rule on approximately 12,000 acres of BLM lands known as the Cross Bar from damage through over use by the public in Potter County, Texas.

The Cross Bar property was completely closed to all public use from its 1931 acquisition until 1997 by the BLM. In spite of there being no legal physical access to the property, approximately 10,000 visitor-days use occur there each year. The Cross Bar is the only BLM-managed land in the State of Texas.

The Cross Bar is adjacent to a highly utilized off-highway vehicle (OHV) area on the Canadian River. The public utilizing the Canadian Riverbed for OHV purposes frequently cuts fences and drives their OHV's onto the Cross Bar lands. Large numbers of people walk onto the property from the river during a variety of hunting seasons. In order to control numbers and prevent over use of this unique area, BLM proposes to allow public access only under a closely controlled and monitored permit system.

For further information or to obtain a permit contact Paul Tanner, Natural Resource Specialist, BLM, Amarillo Field Office, 801 S. Fillmore Street, Suite 500, Amarillo, Texas 79101-3545, (806) 356-1008 from Monday through Friday, 7:30 a.m. to 4:30 p.m. The permits will be for day use only, but use can be for any day of the week.

Australian off-highway motorcycle riders could have their bikes confiscated when Queensland's reckless driving laws are extended should the Police Powers and Responsibilities Act be amended.  The measure is intended to help officers more effectively deal with people who use their vehicles in an irresponsible and dangerous manner in public places.

The new laws, to be drafted and introduced into Parliament this year, will give police the power to: act immediately on complaints without having to first visit the complainant; enter private properties in order to properly investigate complaints; issue a 48-hour noise abatement direction for a first complaint; seize the bike for 48 hours if the noise direction is breached (second complaint) and within 48 hours of the direction being made police could apply to the Magistrates Court to place restrictions on the bike's use - including the time, place and manner in which it can be used; impound the trail bike for another 48 hours if the court order is breached (the third complaint) and apply for a three-month impoundment order; and impound the bike again after another breach of the court order (fourth complaint) following the three-month impoundment, and make an application for a permanent confiscation and forfeiture order.

Nuisance riders also face a range of tough fines - from $750 for breaching a police noise abatement direction to $3000 for a court noise abatement order. (The Age)

A Tennessee drunk driver whose vehicle killed a woman has been sentenced to 15 years in prison and ordered to hang her photo in his jail cell. Forty-six-year-old Jimmy Nall was sentenced in Franklin under a plea bargain agreement. Nall will get a folder full of photos and stories about Sherri Glover.

The 33-year-old Glover was riding a motorcycle in June 2003 when Nall crashed into her on a rural road. His blood alcohol level was point-36, more than triple the legal limit at the time. Nall had two prior DUI's before the accident. Since he has been in jail since the crash, he's eligible for parole in three years.

(Associated Press)

The Illinois Departments of Transportation (IDOT) and Public Health (IDPH) are in the process of developing a new database that will assist in highway safety decision-making. The Crash Outcome Data Evaluation System or CODES database is being funded by a $281,000 federal grant from the National Highway Transportation Safety Administration (NHTSA).

The CODES system will allow IDOT and IDPH staff to match traffic crash reports with health care data from a variety of sources, including emergency medical service records, hospital discharges and death certificates. IDOT's Division of Traffic Safety will use the CODES information to support their decisions to improve traffic safety on Illinois highways. Eventually, the CODES system will be able to better identify the full extent of injuries suffered as a result of impaired driving, not wearing safety belts and not wearing a helmet on a motorcycle.

All individual medical and crash information will remain strictly confidential in compliance with state and federal regulations. IDOT and IDPH are currently in the process of beginning to develop the database and hope to have the full CODES system up and running by the middle of 2005. (Associated Press)

A California group, Community ORV Watch, is demanding an end to off-highway vehicle OHV use on public land. At a recent meeting in Twentynine Palms, members met with a number of county and federal officials to address grievances raised on account of OHV use in the Basin, and to specify terms of their solution.

Although the meeting took place at City Hall in Twentynine Palms, the organization now has Basin-wide reach and residents from Desert Heights, Landers and Joshua Tree were present.

They all had one thing to say: This destruction of the natural environment and the assault on our private properties and our quality of life has to stop. The litany of complaints enumerated violations committed against landscape, private property and land laws, and against the laws of courtesy and consideration.

The center of attention at the meeting was the Bureau of Land Management (BLM). According to Community ORV Watch's complaint, the BLM's vehicle travel routes, especially those permitting OHV use, are vague and, in some cases, wholly inaccurate.

Community ORV Watch members are unanimous in their appeal to the BLM to eliminate all OHV routes in unincorporated areas. For its part, Community ORV Watch promised it would not let up the pressure. (Hi-Desert Star)