February 2006
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Former US Representative and Governor, and current convicted felon, Bill Janklow’s law license will be reinstated on Feburary 15, 2006 the South Dakota Supreme Court ruled recently. Janklow, who resigned from Congress in the wake of a deadly traffic accident that killed a motorcyclist, was automatically suspended as a lawyer.
A jury found him guilty in December 2003 of second-degree manslaughter for killing Randy Scott of Hardwick, Minn.; Scott was on a motorcycle that smashed into the side of a car Janklow drove past a Moody County stop sign in August 2003. Janklow spent 100 days in jail, was put on probation and cannot drive for three years.
The court’s decision agrees with a recommendation by the State Bar’s Disciplinary Board. Circuit Judge Rodney Steele, who sentenced Janklow after his manslaughter trial, had recommended that Janklow’s law license not be returned until his probation is finished in January of 2007.
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Virginia Governor Mark R. Warner, through Executive Order 104, has created the Governor's Motorcycle Advisory Council.
There are over a quarter million licensed motorcyclists in Virginia, and over nine million motorcyclists nationwide, many of whom travel to Virginia to enjoy riding in the Commonwealth. Over 9,000 Virginians enroll in motorcycle safety training classes each year.
In 2004 the Commonwealth's Secretaries of Commerce and Trade, Public
Safety, and Transportation initiated the MotorcycleVIRGINIA! initiative to explore ways to promote motorcycle related tourism, business development, and safety in the Commonwealth. The working group leading this effort has been composed of representatives of relevant state agencies from those secretariats and stakeholders in the tourism, business, and motorcycle communities. The working group has produced and distributed over 50,000 "Watch for Motorcycles" awareness bumper stickers and has launched a website, www.motorcycleva.com, to promote the program.
The Governor's Motorcycle Advisory Council is created to perpetuate and expand upon the success of the working group.
The Council will include a representative from several state agencies, as well as representatives from among Virginia's sheriffs, police chiefs, and one member representing the Board of Transportation Safety. There will be sixteen citizen members, reflecting the hospitality and tourism industry, motorcycle related business, motorcycle safety training organizations, and motorcycling advocacy groups including the states rights organizations and the AMA Community Councils. The Secretaries of Commerce and Trade, Public Safety, and Transportation will serve as ex officio members.
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The coming of tougher emissions standards on vehicles sold in Pennsylvania has ignited a battle between Republican lawmakers and Governor Ed Rendell’s administration.
The state's independent Environmental Quality Board in October set a 2008 deadline for all new vehicles in Pennsylvania to meet emissions standards set by California - which are more stringent than the more widely used federal standards.
Republican lawmakers, concerned about the potential higher cost of low-emission vehicles and angry about essentially ceding authority to another state, quickly drafted bills to revoke the Pennsylvania board's authority to adopt the standards.
Transportation Secretary Allen Biehler told Senate Environmental Resources and Energy Committee members that the state could face federal sanctions, specifically the reduction of highway funds, if it does not meet clean-air regulations.
In 2004, New Jersey adopted the California standards. Six other states, including New York, have either adopted the California standards or are considering them.
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Texas motorcycle enthusiasts might violate Texas gambling laws with charity poker runs after a ruling that the events are illegal when participants must make a charitable donation to ride and have a chance to win cash prizes at the end.
Attorney General Greg Abbott said in an opinion in a Galveston County case the Blue Knights, a non-profit group of active and retired law enforcement officers, planned a poker run to raise money for a deputy who had been injured in an on-the-job car accident.
Events would be legal if they offered no prizes, only an "attaboy" to the winner. Dropping requirements for a charitable donation as an entry fee also could comply with the law. Otherwise the Legislature would need to change state law to allow charitable poker runs to continue.
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The California State Parks Off-Highway Motor Vehicle Recreation (OHMVR) Commission voted to eliminate funding for many conservation, safety and law enforcement programs at their December 2005 meeting. California regulations mandate that funds collected from OHV registrations go for conservation, education, law enforcement, public safety, trail maintenance, and land acquisition programs operated by the US Forest Service, Bureau of Land Management, and local sheriff departments.
The OHV groups claim that the failure to fund important safety, education and law enforcement programs demonstrates that the Commission no longer functions in accordance to the California law establishing the statewide OHV program.
Earlier this year, a coalition of local, state, and national recreation groups sent a letter to Senator Bill Morrow (R-Oceanside) asking for legislative hearings by the Joint Legislative Audit Committee based on a recent report by the Bureau of State Audits critical of the OHMVR Program. That audit cited irregularities within the grants program that were again evident during the recent commission hearing.
The groups signing the September 8 letter to Senator Morrow include; American Sand Association, Off-Road Business Association, San Diego Off-Road Coalition, American Motorcyclist Association, American Motorcyclist Association - District 36, American Motorcyclist Association - District 37, BlueRibbon Coalition, California Association of Four-Wheel Drive Clubs, California/Nevada Snowmobile Association, California Off-Road Vehicle Association, Desert Vipers Motorcycle Club, Duners, American Motorcyclist Association District 37 Dual Sport, and United Four Wheel Drive Associations.
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The Malaysian Government has been urged to ban motorcycle use in city centers including Kuala Lampur to reduce accidents. Malaysian Association for Community Development Volunteers (MACOM) president, Norizan Sharif said current actions against errant motorcyclists had not been effective. She said tougher measures needed to be taken as accidents involving motorcycles continued to be the highest in the country.
Norizan added that such a ban would help reduce the number of vehicles going into city centers, accidents, illegal racing and related problems. The ban could also help reduce crimes such as snatch thefts and also air and noise pollution, she added. (BERNAMA)
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The European Union Transport Council of Ministers failed to agree on a Common Position on the third driving licenses directive. This proposal contains provisions, which will change the way citizens access motorcycles in the Member States, five years after the directive is agreed by the European institutions and published in the Official Journal.
Recognizing the objectives and the implications of the proposal, The Federation of European Motorcyclists Associations (FEMA) has been seeking to contribute to the process, in order to achieve an appropriate proposal for motorcycle access, balancing safety with mobility and accessibility.
A compromise proposal covered administrative points such as the issue and renewal of licenses, the replacement of old National licenses with one European model, as well as the access schemes for caravans and motorcycles. Had the Council accepted the compromise proposal, the directive could have been agreed without further consideration. However, for the third time since June 2005 and under two different Presidencies, the Council failed to reach an agreement, mainly because of opposition focusing on the replacement of old licenses by Germany, France, Poland, Denmark and Austria.
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Doncaster (England) Council is working in partnership with South Yorkshire Police and Doncaster Community Safety Partnership to combat the problem of illegal motorcycling.
All Mini Motos, Buzz boards, Micro Motorcycles, Quad Bikes, or anything which is a mechanically propelled vehicle not made for or adapted for road use may result in the riders/users being prosecuted for traffic offences if not used appropriately.
Under the Police Reform Act, the Police now have new powers to seize motor vehicles that are being used to cause alarm, distress, or annoyance to members of the public. Repeat offenders are warned that they will have their motor vehicle taken from them and disposed of and may have to pay the cost of recovery.
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US Senate Bill 2069 “The ATV Safety Act of 2005” introduced by Senators Coleman (R - MN), Dayton (D - MN), and DeWine (R - OH) to improve the safety of all-terrain vehicles in the United States makes it unlawful, until the effective date of any Consumer Product Safety Commission mandatory rule applicable to all-terrain vehicles (ATVs), for a manufacturer or distributor to distribute in commerce certain new assembled or unassembled ATVs unless they comply with certain ATV product safety standards.
S2069 also deems a violation of this Act to be a failure to comply with a consumer product safety rule under the Consumer Product Safety Act, subject to all of the penalties and remedies of that Act.
S2069 has been referred to the Committee on Commerce, Science, and Transportation.
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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 at their own local councils.
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.
For more information, contact Sharon Smolinka at (614) 856-1900, ext. 1252 or by e-mail at ssmolinka@ama-cycle.org. You can register by printing this form (PDF format) and mailing it to the AMA, 13515 Yarmouth Drive, Pickerington, OH 43147.
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Texas House Bill 1522, authored by Representative Bob E. Griggs (R-North Richland Hills)--no action was taken on the lane-splitting bill before the 79th Regular Session of the Texas Legislature adjourned on May 30, 2005 despite reports to the contrary in the powersports press.
The American Motorcyclist Association (AMA) has confirmed that the bill was not reported from the House Committee on Law Enforcement. Therefore, it was not eligible for consideration by the full Texas legislature.
Currently, California is the only state that permits lane splitting by motorcyclists because it is neither expressly provided for or prohibited in the California Vehicle Code. The California Highway Patrol Web site provides information at http://www.chp.ca.gov/html/answers.html#03.
The support of AMA membership enables the AMA to continuously monitor legislation of interest to motorcyclists in all states. We routinely post bills of interest to our website. You can review Texas legislation by selecting "StateWatch" under the "Rights" heading at www.AMADirectlink.com.
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Former Mayor Mark McBride of Myrtle Beach, South Carolina, a town that draws thousands of motorcyclists to events each year, recently said he’s been tempted to run into a motorcyclist with his car intentionally because he didn’t like the rider’s shirt must now say goodbye to City Hall.
McBride said he spotted one T-shirt slogan that he considered offensive when he was driving recently. “It was very tempting,” McBride told the Sun News, “to kind of nudge the guy on the bike.” With his car. Just in case there was any confusion about what he said, the mayor repeated the statement a few days later while at a candidates forum organized by a ABATE of SC.
After 12 years on City Council, including eight as mayor, McBride lost by 576 votes Tuesday to political newcomer John Rhodes, McBride's former boss and the executive director of the Beach Ball Classic. McBride garnered 1898 votes Tuesday. Rhodes earned 2474 votes.
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With the help of a grant from the AMA Government Relations Department, CBA/ABATE of North Carolina and the Motorcycle Safety Program have put together an anti-drunk-riding poster with a powerful message.
The 11-inch-by-17-inch poster shows three motorcyclists gathered around a coffin, and states: “Don’t let this be the last time you see your brother. Friends don’t let friends drink and ride.” For information on the AMA’s efforts to stem drunk riding, visit www.ridestraight.com.
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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 2005-2006, American Motorcyclist Association
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