May 2006
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The European Union Member States
Using genuine road safety concerns for questionable provisions, the DLD is seeking to introduce a range of measures that restrict access to motorcycling through regulatory requirements of unjustified complexity and cost.
The Federation of European Motorcyclists' Associations (FEMA) and its member organizations have been seeking to have a fair and reasonable consideration of the issues within the European institutions based on the contribution that motorcycles make to mobility and research-based road safety evidence.
Georgia's Oconee Ranger District of the Chattahoochee-Oconee National Forest will begin charging a $5 daily trail permit fee for use of the Town Creek -- Roberts Bike Camp off-highway vehicle trail system. According to a Forest Service news release the funds collected will "be used for the continued safe operation and maintenance of the OHV trail system." For more information, contact the Forest's recreation fee coordinator, Carolyn Hoffman, at (770) 297-3030.
Idaho Governor Dirk Kempthorne recently signed S1367 into law. The new law, which takes effect July 1, 2006, allows a motorcycle to proceed through a traffic-actuated signal ('stuck' on red) after certain standards are met.
Idaho is only the fourth state (after Arkansas, Minnesota and Tennessee) to successfully pass legislation of this type. ABATE of North Idaho Inc., with assistance from the AMA, led the effort for the new law.
New York's proposed trail program that would have used ATV registration fees to fund the development and maintenance of dirtbike and ATV trails died in the state Assembly. Gov. George Pataki (R) introduced the trail program as part of his annual budget proposal. By failing to advance the trails program the legislature has triggered the automatic repeal of the state's dedicated trail fund and last year's ATV registration fee increase.
Ohio's Wayne National Forest has announced that it will not be implementing any fee hikes this year. After initiating a public input process on proposed increases for camping and motorized trail use fees, Forest Supervisor Mary Reddan has determined that an oversight council must approve the proposed fee increases, putting off any increase until at least 2007. To comment on the proposal, go to the Forest's website at www.fs.fed.us/r9/wayne.
The Riverside County, California Board of Supervisors has approved drastic restrictions on the use of off-road vehicles on private land, ignoring pleas from families who ride and setting aside compromise legislation recommended by the Board's own planning commission.
The Board also approved a new sound ordinance that is so strict a homeowner could be in violation if he operated an electric toothbrush at his property line, in some locations.
Under the new laws approved by the Board on March 28, off-highway riders can only ride from noon to 5 p.m. on their own property in the unincorporated parts of Riverside County.
Landowners can only allow one off-highway vehicle to be in use for every 10 acres of land, with a maximum of four vehicles allowed. Landowners with smaller parcels (5 acres minimum) can, with permission, use one OHV. Also owners can have an additional vehicle in use if they have the written permission of all of their neighbors. But to have more than four OHVs using the property, a landowner must get a conditional use permit that could cost over $10,000.
Plus, under the new law, riders must stay 100 feet from property lines and 250 feet from all neighboring homes.
The Board of Supervisors also gave final approval to a new sound law that sets maximum allowable sound levels at the property line at 50,, 55 or 75 decibels, depending on the zoning of the parcel.
According to the League for the Hard of Hearing, rainfall generates 50 decibels of sound, a normal conversation is 60 decibels, an electric toothbrush is 50 to 60 decibels, and an air conditioner measures at 50 to 75 decibels.
Also in San Bernardino County a similar proposal, specifically related to OHV use on private property is under consideration. The Riverside Board of Supervisors approved the new restrictions and ignored carefully crafted compromise legislation hammered out over a period of months by the American Motorcyclist Association (AMA) and other off-road groups working with the county's Planning Commission.
Similar scenarios continue to play out not only in high-profile places like Riverside County, California but York County, Pennsylvania; Marion County, Florida; Prince William County, Virginia; Rockford, Illinois and scores of other local jurisdictions. Each attempting to severely limit the operation of motorcycles and ATVs of any size, even on the riders own property.
Among the AMA's most effective tools for challenging issues such as this is our ability to muster grassroots political action. The AMA encourages motorcyclists and ATV riders to organize and work together to protect your right to ride and prevent OHV recreation bans.
The AMA is looking for someone to lead the charge and help us form AMA Community Councils in your area. AMA Community Councils work closely with the AMA Government Relations Department and serve as the first line of both offense and defense when local issues arise. Local, state and even national issues are much easier to address if we are organized for action ahead of time. For more information about the AMA Community Council program, contact AMA Grassroots Manager Terry Lee Cook at 614-856-1900, ext. 1288 or e-mail tcook@ama-cycle.org.
AMA government relations officials met recently with federal Environmental Protection Agency officials and obtained clarification of regulations governing motorcycle emissions that have been the subject of controversy and confusion in the industry.
AMA met with EPA technical officials at the agency's headquarters in Ann Arbor, Michigan, to seek clarification on current EPA regulations related to "kit" and "custom" motorcycles.
Kit bikes are motorcycles typically built by individuals using off-the-shelf components, while custom bikes are generally show bikes built by a business and sold to a customer.
Under the regulations, a person is allowed only one kit motorcycle in their lifetime that is exempt from meeting EPA emissions requirements. For custom motorcycles, a builder may create and sell up to 24 bikes a year that don't meet EPA emissions requirements, but those machines must be labeled as exempt and are show bikes that only rarely may be ridden.
Before the EPA adopted these new rules in 2004, it was illegal for anyone to ride any street motorcycle built in 1980 or later that didn't meet EPA emissions requirements. Many motorcyclists saw the new regulations as more restrictive, when in fact they allow exemptions that did not exist under previous regulations.
The EPA rules adopted in 2004 also require new road motorcycles sold nationwide beginning with the 2006 model year to meet strict emissions standards adopted earlier by California. The first phase of the California standards went into effect in 2004, with a second tier scheduled to go into effect in 2008.
The EPA adopted the same standards but with a two-year delay, meaning the first phase took effect this year, and the second phase will take effect in 2010.
New motorcycles sold in California beginning with the 2004 model year, and nationwide beginning in 2006, may not emit more than 1.4 grams per kilometer of hydrocarbons and nitrogen oxides, and 12 grams per kilometer of carbon monoxide.
The California standard gets tougher in 2008, with a limit of 0.8 grams per kilometer of hydrocarbons and nitrogen oxides and 12 grams per kilometer of carbon monoxide. The federal standard that goes in effect in 2010 is the same.
When the EPA issued its final rules, the provisions related to kit and custom bikes were new, which the AMA notes also has led to the confusion surrounding them.
All major motorcycle manufacturers' streetbikes meet federal 2006 emissions standards, and several manufacturers' products already meet the 2010 standards.
The AMA actively voiced motorcyclists' concerns to the EPA from 2001 through 2004 as the federal agency worked to put together the new EPA emissions regulations. The AMA will continue to voice motorcyclists' concerns to the EPA, and seek clarification on the rules.
Massachusetts off-highway motorcycle and ATV enthusiasts performed 2280 man-hours of volunteer trail maintenance in six Massachusetts state forests under contract with the Department of Conservation and Recreation throughout 2005.
This trail work has included building bridges, installing water bars to prevent erosion, building causeways through muddy areas, cutting and cleaning drainage ditches, clearing blow downs, cutting new trails under State direction, and regrading/gravelling eroded sections. Lumber and supplies were paid for by the State or federal grants.
The American Motorcyclist Association (AMA), working with other motorcycle-rights organizations, and with the grassroots support of Ohio motorcyclists, has derailed proposed state legislation that would have required all motorcyclists under 25 in Ohio to wear helmets.
The helmet provision arose almost as an afterthought on legislation that was originally intended to raise funds for agencies that provide services to persons who have suffered a traumatic brain injury. The bill, originally introduced late last year by Ohio state Rep. Tom Patton (R-Strongsville), would have raised penalties for offenses such as driving with a suspended license. Some of the money raised by the higher fines would have gone to the agencies that treat victims of traumatic brain injury, including one in Patton's district.
However, tacked on to the end of the bill was a provision to change Ohio's motorcycle helmet law. Currently, Ohio requires riders with less than one year of experience or under the age of 18 to wear a helmet. Patton's original bill would have raised the age requirement to 25.
Further, it would have increased penalties for not wearing a helmet, mandating a $500 fine and either a weekend jail sentence or mandatory safety training. When the AMA and other organizations spread word about the proposal, grassroots motorcyclists responded. The ensuing flood of e-mails and phone calls to Patton's office convinced him to reconsider.
An even better outcome of Patton's discussions with motorcyclists was that he agreed to co-sponsor another pending bill in the Ohio legislature that would increase penalties for drivers who violate right-of-way laws and injure or kill another roadway user.
That measure, House Bill 388, was introduced by Representative Jon Peterson (R-Delaware) and resulted from the Ohio Right-of-Way Working Group's efforts. The bill fits in with the AMA's Justice for All campaign.
California Senate Bill 1021 (SB-1021), which seeks to enhance penalties on those vehicle operators who kill and maim other road users, has been re-introduced by Senator Debra Bowen with co-sponsorship from Assembly Member Bonnie Garcia. California joins with 16 other states in considering legislation to toughen penalties for traffic violations that kill or injury thousands of people each year.
Roadway users, such as motorcyclists, bicyclists, and pedestrians, often pay a terrible price for the distracted, careless, reckless, or negligent actions of other motor vehicle operators. The bill applies equally to all motor vehicle operators; it does not create a special class of victims. SB-1021 is consistent with the AMA Justice for All campaign to hold all motor vehicle operators more accountable for their actions on our roadways.
The Off-Highway Vehicle community recently lost one of their most outstanding activists. Harold Soens, a popular and active champion of the off-road community died of a heart attack at his home in Santee, California. He was 66.
Soens was president of the San Diego Orr-Road Coalition and an AMA Life Member. He was known and respected nationally for his involvement in AMA, Blue Ribbon Coalition, National OHV Conservation Council, San Diego Off-Road Coalition, and many other organizations. Harold will be surely missed in the OHV community.
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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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