December 2005
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A federal safety panel has taken the first step toward issuing new rules related to ATVs, and that could mean big changes for the industry and consumers. On October 6, the Consumer Product Safety Commission (CPSC) issued an Advanced Notice of Proposed Rulemaking related to ATV safety. That move signals the commission's intent to issue new rules.
It's a potentially serious step. The last time the commission seriously considered ATV safety, it banned three-wheeled ATVs. CPSC Chairman Hal Stratton called the notice “a significant step in a broad and comprehensive review of all existing and potential ATV safety rules and regulations.”
Recently, the three-member CPSC has been considering a petition submitted by the Consumer Federation of America and other groups that calls for the CPSC to ban the sale of full-size ATVs for the use of children under the age of 16.
That potential ban has been opposed by ATVA and AMA who testified in a commission hearing on the issue. Rather than a blanket ban on the sale of ATVs for use by kids, they supported a more thoughtful approach that includes greater parental involvement.
The CPSC so far has delayed acting on the petition submitted by the Consumer Federation of America and others. Stratton, the CPSC chairman, reportedly opposes the ban, while commission member Thomas Moore is reported to support it. That means the decision could depend on the third commissioner, Nancy Nord, who was recently appointed to the panel.
AMA & ATVA met with Nord and her staff on September 20 to ensure she understands the positive aspects of ATV use by families.
As the AMA and ATVA learn more about the CPSC's plans, including the opportunity for public comment on any rules that are proposed, more information will be posted on the official websites www.ATVAonline.com and www.AMADirectlink.com.
The ATVA, sister organization of the American Motorcyclist Association, is the only national organization devoted exclusively to fighting for the rights of ATV riders. More members mean more clout to fight to protect your right to ride. To join the ATVA, call (800) ATVA-JOIN, or go to www.ATVAonline.com.
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The American Motorcyclist Association (AMA) is hosting a Washington, D.C., seminar for motorcyclists who want to learn how to influence governmental decisions, whether in Congress or in their local communities.
The seminar, to be held February 25-28 at the Phoenix Park Hotel in Washington, DC, allows participants to meet and learn from the AMA's Washington staff as well as other political experts. Besides learning about state and federal issues facing motorcyclists today, participants will get tips on building relationships with government agency officials and on lobbying elected officials. The instructors will also prepare participants to meet face-to-face with members of their own congressional delegations.
A registration form is available at www.amadirectlink.com/news/2005/dc06.pdf. Mail the completed form to AMA, 13515 Yarmouth Drive, Pickerington, OH 43147. For more information, contact Sharon Smolinka at (614) 856-1900, ext. 1252 or by e-mail at ssmolinka@ama-cycle.org.
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Imperial Sand Dunes Recreation Area authorities this year will know exactly how many privately owned off-road vehicles are at the Area at any given time. That's because the permits they are issuing to allow those people to enjoy the dunes have radio transponder chips in them.
Officials say the move means better tracking and better enforcement and will yield the kind of data that will help better manage the popular recreation area. Millions of people each year from October through April flock to the dunes for off-highway vehicle recreation, camping and to enjoy the outdoors.
The dunes, situated on federal land in southern California and Arizona, have an annual estimated $100 million impact on Yuma, El Centro and Brawley. The chambers of commerce from all three of those communities last year formed the United Desert Gateway, a nonprofit group to promote the dunes.
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California legislators next year are slated to deliberate over a bill imposing a three-year moratorium on state-issued identification using such technology.
South Dakota’s Supreme Court is scheduled to hear arguments in former US Congressman Bill Janklow's request to regain his license to practice law. The state Bar's Disciplinary Board has recommended Janklow regain his law license on February 15th. If the Supreme Court agrees, it would mean Janklow's license would be reinstated nearly a year before his probation ends for second-degree manslaughter and other convictions in an August, 2003 crash that killed motorcyclist Randolph Scott.
Tragedies such as this prompted the AMA to establish the Justice for All Campaign, which focuses on inadequate sentencing of drivers who seriously injure or kill others on the road. For more information, visit http://www.amadirectlink.com/justice/index.asp.
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Marshall University is advertising for a tenure-track position at the rank of assistant or associate professor to be responsible for teaching an off-highway vehicle (OHV) course series at the campus in Huntington, West Virginia.
The University’s Division of Exercise Science, Sport, and Recreation new professor will teach undergraduate courses in Recreation Area and Facility Maintenance, Wildland Recreation Management, Environmental Interpretation, Park Management and Operation, Introduction to Off-Highway Vehicle Recreation, Planning and Design of OHV Trail Systems, Construction of OHV Trail Systems, Operation and Management of OHV Trail Systems.
Screening of applicants will begin immediately and continue until the position is filled. Forward letter of application, curriculum vitae, transcripts, and a list of references to: Dr. Jeff Chandler, Chair, Division of ESSR, Marshall University, One John Marshall Drive, Huntington, WV 25755-2450 or contact chandler@marshall.edu.
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The British Natural Environment and Rural Communities Bill passed by the House of Commons has effectively criminalized the active recreation of thousands of off-highway motorcycle riders by removing vehicular rights from green lanes used by vehicles for a hundred years. The new law bans all recreational vehicles, including trail bikes and 4x4’s, from all rights-of-way not already recorded on the definitive map as Byway Open to all traffic (unsurfaced roads). Only 5% of trails allowed vehicles in the first place but now this too is lost.
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The Missouri Conservation Commission approved the new incentive for ethical off-highway vehicle (OHV) behavior at its August meeting. The policy change went into effect immediately. Misusing OHVs in streams on public land has long been illegal in Missouri. Now, however, state officials have raised the ante, adding the possibility of hunting and fishing privilege suspension to the monetary penalties for taking vehicles into streams where they don't belong.
In-stream OHV use is a problem for several reasons. Vehicle tires tear up stream bottoms, destroying fish habitat and stirring up mud that chokes out aquatic life. Running vehicles in and through streams also causes bank erosion, which damages public and private land.
Under the new policy, the Conservation Department will recommend that the Conservation Commission suspend hunting and fishing privileges following procedures already in place for other wildlife-code violations. One-year suspension recommendations will be the rule, but the periods can vary according to the seriousness of the offense.
Missouri has public areas set aside especially for ATV riders. These include: Finger Lakes State Park in Boone County, St. Joe State Park in St. Francois County, Sutton Bluff Recreation Area in Reynolds County, and Chadwick ATV and Motorcycle Area in Christian County.
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Manitoba, Canada motorcyclists are facing another insurance rate increase unless the Public Utilities Board turns down an application to increase premiums. Manitoba Public Insurance is requesting a 12.7 per cent increase on motorcycle rates for 2006. A decision is not expected until November.
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Several off-highway vehicle (OHV) event organizers have recently been notified that their permits to hold events on land owned by the US Forest Service have been canceled due to a recently signed court order with alarming national consequences.
On September 23rd, acting Forest Service Chief Ann Bartuska issued a memo to the National Forests announcing that the court order, “…among other things, struck down the provisions…that excluded categorical exclusions from notice, comment and appeal”. The Acting Chief also noted that the court order must be observed “prospectively” after July 7, 2005.
This means that any event permit which was issued under a “categorical exclusion” since July 7th is to be suspended until the proposed activities are subjected to the notice, comment and appeal provisions that they would have otherwise endured. Generally, this is about a four month process.
The American Motorcyclist Association (AMA) is continuing to monitor this situation and will publish more information as it becomes available. AMA event organizers are encouraged to review their permits with their local forest supervisor.
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The AMA has learned that an entity not affiliated with the AMA has sent out offers for subscriptions to American Motorcyclist magazine. These solicitations are not authorized by the AMA and should be considered fraudulent. While the large majority of American Motorcyclist readers receive their magazines as part of their membership, some Life members and other individuals do purchase subscriptions. All mailings regarding those subscriptions come directly from the AMA's headquarters in Pickerington, Ohio.
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The HIPAA Recreational Injury Technical Correction Act was recently introduced in the US House of Representatives by US Representative Michael Burgess (R-TX-26) HR 2793, Senator Susan Collins (R-ME) recently introduced S 577 in the US Senate. The bills aim to end health care discrimination against individuals participating in legal transportation and recreational activities such as motorcycling, snowmobiling, horseback riding, and all-terrain vehicle riding.
The legislation addresses a loophole created by a Department of Health and Human Services' rule which made it possible for health care benefits to be denied to those who are injured while participating in these activities.
On August 21, 1996 President Clinton signed the Health Insurance Portability and Accountability Act (HIPAA). The Act included provisions prohibiting employers from denying health care coverage based on a worker's pre-existing medical conditions or participation in legal activities, such as motorcycling. In 2001, the Department of Health and Human Services released the final rule that would implement these provisions.
While the rule recognizes that employers cannot refuse health care coverage to an employee on the basis of their participation in a recognized legal activity, it provides that benefits can be denied for injuries sustained in connection with those activities. Therefore, you were guaranteed the right to health care coverage but not guaranteed any benefits.
The American Motorcyclist Association (AMA) is urging all motorcyclists to contact their Congressional delegation and urge them to co-sponsor and support The HIPAA Recreational Injury Technical Correction Act. For more information and to contact your members of Congress visit the Rapid Response Center at www.AMADirectlink.com.
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The American Motorcyclist Association (AMA) President Robert Rasor has been elected to the position of Vice President of the Fédération Internationale de Motocyclisme (FIM), the international governing body for motorcycle sport and touring.
Rasor was elected during the 2005 FIM Biennial Session, held October 21 - 24 in Geneva, Switzerland. The AMA is the sole US affiliate to the FIM, which comprises nearly 70 national organizations, called federations, from countries around the world.
A member of the AMA staff since 1973, Rasor served as Vice President of AMA Government Relations from the early 1980s until his appointment as the Association's President in 2000. He's served the FIM as the first president of its Commission on Mobility, Transport, Road Safety and Public Policy, increasing the organization’s involvement in motorcyclists’ rights, and is president of the North American Motorcycle Union, one of six such regional groups within the FIM.
The Geneva-based FIM establishes and enforces rules for international motorcycle competition, and monitors motorcycling legislation and lobbying for riders' rights. The FIM also is involved with international touring, facilitates international travel, and is taking a more active role in vintage motorcycling.
Several other members of the AMA staff also serve on various FIM commissions. Through its affiliation with the FIM, the AMA licenses its riders to compete in international events and coordinates world-championship competition held in the United States.
In his over 35 years of motorcycling experience, Rasor been an amateur motocross racer and has toured extensively in the United States, Canada and Mexico.
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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.
Copyright 2005, American Motorcyclist Association
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