AMA Government News & Notes

April 2005

The AMA's Justice for All campaign—which focuses on the inadequate sentencing of drivers who kill or seriously injure others—is gaining momentum nationwide, with supporters donating cash and their own time to the cause.

Along with cash donations, the campaign is receiving telephone calls, letters and e-mails from people around the nation asking how they can get involved. In addition, lawmakers in several states have already introduced Justice for All-related legislation in their statehouses.

A major cash contribution recently came from The Hey Dude! Foundation Trust, which donated $4,000. That donation is on top of the $3,500 the trust donated the year before. The trust raised the money through a charity golf tournament.

Through the Justice for All campaign and with the help of motorcyclists nationwide, the AMA hopes to get new laws passed in all 50 states to increase penalties for those who kill or seriously injure others on the road, whether the victim is a motorcyclist, bicyclist, pedestrian, or whomever. The program also seeks to include motorcyclist-awareness instruction in each state's driver-education program.

Currently, several states are considering Justice for All-related legislation including Georgia , Illinois , Minnesota , Missouri , New Jersey , Texas and Virginia .

Other states have already ta ken action.

You can learn more about the Justice for All campaign by going to www.AMADirectlink.com/justice; by e-mailing justice@amadirectlink.com; or by calling Terry Lee Cook, AMA grassroots manager, at (614) 856-1900, ext. 1288.

Texas House bill 565, authored by Rep. Fred Brown (R–College Station), would require new ATVs, sold after January 1, 2006 , to be equipped with “an overhead roll bar”. The required roll bar would have to comply with standards to be developed by the Department of Public Safety.  The text of this bill and a pre-written response are available on the StateWatch section of http://www.amadirectlink.com/.

Daytona Beach , Florida  Mayor Yvonne Scarlett-Golden had two messages for motorcyclists headed to Bike Week 2005.

“You’re Back, We're Glad!” and “Ride Quietly, Please.”

Together, these messages are the basis for a campaign that embraces the annual return of 500,000 riders, while asking them to show their respect for local residents.  

"We welcome our visitors — we encourage them to have fun, but to please ride quietly," Scarlett-Golden said.

A volunteer “Bike Week Friendship Team,” outfitted in blue shirts bearing the “You’re Back, We're Glad!” logo, will distribute information to motorcyclists and neighborhood organizations. Also, the city will offer “No Wake Zone – Ride Quietly, Please” yard signs to homeowners.

Nebraska’s LB-721, the all-terrain vehicle (ATV) and off-highway motorcycle (OHM) registration bill proposed by Senator Raikes (I – Lincoln) has been placed into the "indefinitely postponed" status by the Unicameral Transportation and Communications Committee.

LB-721 was proposed to require that ATV and OHM owners pay sales taxes at the county court house instead of at the dealer. While at the court house, the purchasers of ATVs and OHMs would also have to obtain a title, supply proof of insurance, purchase license plates and pay property taxes. None of the originally proposed new taxes would be used for trails. All of the taxes collected would have been used for items in local government such as local schools.

South Dakota Governor Mike Rounds (R) has signed a bill that raises the motorcycle safety education fee to $7. The money goes to groups that not only teach new riders, but have refresher courses as well. It is paid when a motorcycle is registered.

Kentucky House bill 86, authored by Rep. Mary Lou Marzian (D – Louisville ), would make it illegal for anyone under that age of 16 to operate an ATV.  HB86 would also require riders, of all ages, to wear helmets at all times. 

Currently, helmet use isn’t required when ATVs are operated on private land or when they are engaged in agricultural or commercial use. The text of this bill and a pre-written response are available on the StateWatch section of www.AMADirectLink.com.  

Idaho ’s motorcycle safety program, STAR, says it’s in danger of going bankrupt according to a recent press release. The program has been around for 10 years, and says it has been maintained on the same funding it has had since 1995. Now, it says, it’s not enough.

The state-run program is actually considering taking legislative action. Senator Skip Brandt (R – Kooskia) has agreed to sponsor a bill asking for a $6 increase in motorcycle registration fees.

Presently, tuition for the class is $75. The extra $160 comes from money made from motorcycle licenses. The program reportedly needs another $300,000 a year to stay afloat, so STAR is proposing to raise motorcycle registration fees from $9 to $15. The director of the Motorcycle Safety Program Ron Shephard says if STAR does not get legislation passed this year, it will most likely have to raise tuition or limit the number of classes offered.

North Carolina Senate bill 189, authored by Sen. William R. Purcell (D-Laurinburg), would make it illegal for anyone under that age of 12 to operate an ATV.  SB 189 would also place stringent limits on the use of ATVs by anyone under the age of 16 and would mandate safety training and the use of personal safety equipment for all riders. The text of this bill and a pre-written response are available on the StateWatch section of www.AMADirectLink.com. 

California ’s Dumont Dunes Off-Highway Vehicle Area, also referred to as an Open Area, is now requiring user permits. Annual Permits of $60.00 are available by phone from Western Maintenance Company (call 760-726-6055), on site from vendor on duty, or in person at the Barstow Field Office - 2601 Barstow Road, Barstow, CA. 7-Day Permits of $20.00 are available on site only from vendor on duty.

All fees collected are used to support activities and projects at Dumont Dunes. For more information about Dumont Dunes call (760) 252-6000.

The United Kingdom’s Motorcycle Action Group (MAG) is welcoming Road Safety Minister David Jamieson's announcement of the publication of the first National Motorcycling Strategy (NMS) designed to ensure the "mainstreaming" of motorcycling as a means of transport in a recent press release.

MAG has worked relentlessly over a five year period with the rest of the motorcycle community to complete the Advisory Group on Motorcycling recommendations to Government and to advance these towards a national motorcycle strategy.

Motorcycling now has the opportunity to represent itself at the very top seat of mainstream transportation with recognition from Government that an increasing number of people are turning to motorcycles and scooters in order to beat congestion as well as riding bikes just for the sheer fun of it.

The strategy aims to ensure that: motorcycling is recognized as a "mainstream" mode of transport, transportation planning and infrastructure decisions fully take motorcycling into account, motorcycle design continues to improve, the attitudes and behavior of both drivers and motorcyclists is focused on looking out for each other, pre-test and post-test training continues to improve, making it attractive to riders, and that the motorcycle test is reviewed, including a review of the delivery of the Direct Access Scheme.

The NMS provides a keystone for motorcycle policies but the main issues of immediate concern for MAG are the acceptance by authorities of the benefits of motorcycles in Bus Lanes, provision of adequate Motorcycle Parking, the danger of Diesel spills, Crash Barrier design and the promotion and funding of Bikesafe. You can download the National Motorcycle Strategy Document at http://www.dft.gov.uk/stellent/groups/dft_roads/documents/page/dft_roads_035439.pdf.

Ohio Governor Bob Taft (R) has proposed to raise the registration fee for off-highway motorcycles and ATVs as part of his proposed budget. Registration is required to ride at any of the state or federally managed OHV areas in Ohio . The three-year registration fee would be increased from five to fifteen dollars. The fee revenue would be deposited into the State Recreational Vehicle Fund which is only to be used for motorized trail purposes. 

Since 1982, over 2 million bright yellow “Check Twice, Save A Life/ Motorcycles Are Everywhere” bumper stickers have been placed on cars, trucks and trailers.

Its creator, Bob Doiron, of Moultonboro , NH , Paul W. Cote of Amesbury , MA and the Massachusetts Motorcyclists Association have teamed up with new ways to use the now-iconic message to reduce motorcycle accidents, injuries and fatalities.

Riders can put the message out through new, large lawn and road signs in their neighborhoods and businesses to remind motorists we all share the roads.”

In 1974, Doiron incorporated the Modified Motorcycle Association of Massachusetts, Inc. (MMA) and served as chairman for over ten years. He went on to designing programs to reduce motorcycle accidents, including the bright yellow bumper stickers.

Cote , Legislative Director of the MMA, thought political campaign-style lawn and road signs could increase exposure for the motorcycle safety message. He and Doiron have collaborated to promote the signs to motorcycling’s social and business communities.

For more info, see www.checktwicesavealife.com.

South Dakota ’s Supreme Court has rejected former South Dakota Congressman Bill Janklow's appeal to overturn his convictions in the death of a motorcyclist in 2003. The high court released its decision stating that Janklow received a fair trial. The court also said there was enough evidence to convict him.

Janklow, 65, was convicted of second-degree manslaughter, reckless driving, speeding, and running a stop sign in the death of motorcyclist Randolph Scott, 55, of Hardwick , MN , in August 2003. As a result of the conviction, Janklow was sentenced to 100 days in jail and ordered to pay $11,000 in fees and fines. He began his jail term February 7. In his appeal, Janklow argued that there wasn't enough evidence to prove he was reckless at the time of the crash.

Months earlier, a federal judge ruled that Janklow was on duty when he ran a stop sign on a rural road and caused the deadly collision with Scott. That means that taxpayers would have to pick up the tab for any civil damages in a wrongful-death lawsuit.

According to law enforcement officials, on August 16, 2003 Janklow was driving a Cadillac at more than 70 mph on a county road in eastern South Dakota when he ran a stop sign and collided with Scott, who was riding his Harley-Davidson on a road that did not have a stop sign. Scott died at the scene.

Janklow was a first-term congressman, who had served 16 years as South Dakota 's governor. He also served as the state attorney general. Scott was a farmer, Vietnam veteran, volunteer firefighter and former American Legion post commander.

The Janklow crash has focused attention on a nationwide problem related to offenders who get off with light sentences after killing or seriously injuring others on the road. The AMA has launched a new Justice for All campaign that advocates legislation establishing tougher penalties for traffic offenses and criminal actions on the road that result in serious injuries or death.

The Justice for All campaign will include cooperation with state and local motorcycling organizations, efforts by AMA Community Councils, and a variety of opportunities for individual motorcyclists and concerned citizens to become involved. For more information on the Justice for All program go to http://www.amadirectlink.com/justice/.

Washington House Bill 1176, sponsored by Rep. Jeff Morris (D-Anacortes), would allow motorcyclists to ride between lanes of stopped or slow-moving traffic. The practice, known as “lane splitting,” is tolerated – though not legally provided for – in California , where it’s seen as helping reduce traffic congestion.

The Washington Road Riders Association is neutral on the practice because member polling showed its members split on the issue.

The House Transportation Committee also heard testimony on a bill that would allow motorcyclists to turn left against red lights at intersections controlled by sensors that fail to detect motorcycles. That bill, HB 1466, sponsored by Rep. Dennis Flannigan (D-Tacoma), would require motorcyclists to wait through a full cycle of lights before proceeding and would not exempt them from tickets if they run a red light not connected to a sensor.

Pakistan Traffic Police have warned motorcycle riders not to ride without a proper motorcycle helmet, otherwise they would fined for violations of traffic laws starting March 1.

Punjab government and traffic police have already started an awareness campaign about the use of helmets among the citizens through print media, seminars and have displayed banners at various prominent points of the city road.

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, Grassroots Manager,
13515 Yarmouth Drive, Pickerington, OH 43147; fax 614-856-1920 or e-mail to tcook@ama-cycle.org.