June 2006
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West Virginia Governor Joe Manchin, himself a motorcyclist, has signed a bill that increases penalties for reckless driving convictions. “Danny’s Law” was named in honor of Danny Kneisly, who was hit and killed when a driver turned left in front of him; the driver subsequently received a $20 fine. Danny’s death and the ensuing support of his family added momentum to efforts to pass the bill, which ABATE of West Virginia, AMA members and staff, and other motorcycle activists had been working toward for nearly five years.
The new law provides for penalties of a minimum of 10 days in jail and a maximum of six months, and/or a fine of at least $50 and up to $1,000, for those convicted of reckless driving if they seriously injure someone.
The AMA Justice for All campaign is focused on inadequate sentencing of drivers who seriously injure or kill others on the road. Learn more at www.AMADirectlink.com.
The Ohio Office of Budget and Management (OBM) recently proposed transferring $750,000 from the Motorcycle Safety and Education Fund for to be used for purposes other than rider education and training.
The AMA alerted the Ohio riding community through the AMA Rapid Response Center and encouraged AMA members, motorcyclists’ rights organizations, and other supporters of rider education to contact the six elected officials of the Ohio Controlling Board (OCB) to stop the transfer. The Fund is financed by a $6 assessment on every motorcycle registration in Ohio and is to be used solely for the motorcycle safety and training program, Motorcycle Ohio.
The OCB, at its April 24 meeting, agreed with the motorcycling community and amended the request from the OBM. The Motorcycle Safety and Education Fund was preserved.
You can keep track of issues like this in your state by visiting the AMA Rapid Response Center. Or, sign up for Action E-List alerts and you'll automatically receive an e-mail when an alert is posted that affects your area. Sign up by visiting the Rapid Response page and clicking on the Action E-List link at the bottom of the page.
New Hampshire now mandates motorcycle-awareness training as part of the drivers education curriculum. The new law calls for the inclusion of 45 minutes of motorcycle-awareness instruction as part of the classroom portion of the drivers education curriculum. This type of training is another important component of the AMA’s Justice for All campaign. The New Hampshire Motorcyclists’ Rights Organization (NHMRO) led the effort.
The AMA launched the Justice for All effort in response to numerous instances across the country in which drivers killed or injured motorcyclists and walked away with minor fines. In many cases, state laws do not provide for additional fines beyond a simple ticket for a traffic offense.
Motorcyclists’ Rights Organizations, AMA members, and others also succeeded recently in getting Justice for All type legislation enacted in Oklohoma, Missouri, Georgia, Iowa and West Virginia.
A new law in Oklahoma adds a fine of up to $1,000 for drivers found guilty of right-of-way violations that cause serious injury or death, in addition to the usual fines for a traffic offense.
The measure, signed into law April 25, 2006 by Gov. Brad Henry, is consistent with the AMA's Justice for All campaign and addresses the issue of inadequate sentencing for drivers who kill or injure other road users, including motorcyclists. ABATE of Oklahoma members led lobbying efforts to get the law passed in their state.
US Senator Susan Collins (R-ME) introduced S. 577, "The HIPAA Recreational Injury Technical Correction Act.” Last Congress, the full Senate unanimously passed similar legislation. S. 577 aims at ending health care discrimination for individuals participating in legal transportation and recreational activities-activities like motorcycling, snowmobiling, horseback, skiing and ATV riding.
This legislation addresses a loophole caused by a Department of Health and Human Services' rule making it possible for health care benefits to be denied to those who are injured while participating in these activities.
On August 21, 1996 an important opportunity arose when President Clinton signed the Health Insurance Portability and Accountability Act (HIPAA), prohibiting employers from denying health care coverage based on a worker’s pre-existing medical conditions or participation in legal activities. In 2001, the Health Care Finance Administration released the final rules that would govern the law.
The rules recognize that employers cannot refuse health care coverage to an employee on the basis of their participation in a recognized recreational activity. However, the benefits can be denied for injuries sustained in connection with those activities. Essentially, the regulation grants equal status to motorcyclists without any substantive benefits.
The AMA is urging all motorcyclists to notify their Senators and tell them to co-sponsor and support S.577, "The HIPAA Recreational Injury Technical Correction Act."
The British Motorcycle Action Group (MAG) is encouraging all motorcyclists who ride into the City of Westminster to respond to a web-based consultation on motorcycle parking.
The consultation focuses on whether there is sufficient provision for motorcycle parking, whether motorcycles should pay for parking, whether secure parking facilities should be provided and whether motorcycles should pay the congestion charge.
MAG in London has long been campaigning for increased motorcycle parking provision to accommodate the increase in motorcycle commuting as commuters switch from cars to bikes to beat both congestion and the congestion charge. Presently many commuters are left with no option but to park on pavements where they are being ticketed and can cause obstructions to pedestrians.
MAG insist that riders are helping Westminster's congestion problem, as motorcycles from the smallest scooter to the largest touring bike not only use less space than cars when moving and parking but they also liberate road space for essential four wheeled traffic to move more easily.
The American Motorcyclist Association (AMA) is seeking information that will help us in our political efforts. The AMA is currently supporting legislation in the US Congress that will end health-insurance discrimination against motorcyclists.
To that end the AMA is looking for individuals to relay your story if you, or someone you know, was denied health-care payments due to a motorcycle-related injury. The AMA is particularly interested in cases that fall outside the employer-provided health care plans, meaning those cases affecting the self-insured.
Currently, federal law states that while an employer cannot exclude you from health-care coverage, they can deny you medical reimbursement payments due to the fact that the injury happened on a motorcycle. The purpose of the legislation we support is to end this discrimination and allow riders to get the medical payments necessary to them under their given medical plans.
Any information relayed to the AMA will be kept in confidence and not used for dissemination purposes. Please contact Peter G. Nonis, Senior Legislative Assistant, American Motorcyclist Association, 101 Constitution Avenue, N.W., Suite 800 West, Washington, DC 20001, 202-742- 4303 or at pnonis@ama-cycle.org
High gas prices could give a lot of people reason to finally buy a motorcycle. After all, motorcycles normally get much better fuel economy than cars, so sales are up considerably.
But along with the increase in sales comes the influx of new riders -- and that can create safety problems. To help get riders up to speed, 47 states offer motorcycle training classes for beginners. Likewise every experienced rider should also continue to improve their riding skills by taking formalized training.
For more information about getting into that motorcycle safety course visit www.AMADirectlink.com.
The Bureau of Land Management (BLM) is continuing to seek nominations for qualified people to serve on BLM's California Desert District Advisory Council for the 2007-2009 3-year term. Applications must be received by Wednesday, May 31, 2006.
The five positions to be filled include one representative each for public-at-large, renewable resources (grazing interests), and environmental protection, and two elected officials representing county government. The public-at-large, renewable resources, and two elected official representatives will complete their second 3-year term December 31, 2006, and are not eligible for reappointment.
Any group or individual may nominate qualified persons in any of these categories. Qualified individuals may nominate themselves. Applications must be submitted to the District Manager, Bureau of Land Management, California Desert District Office, 22835 Calle San Juan De Los Lagos, Moreno Valley, Calif. 92553.
The California Desert District encompasses portions of eight counties, and includes 12.5 million acres of public land within the California Desert Conservation Area and 300,000 acres of scattered parcels in San Diego, western Riverside, western San Bernardino, Orange, and Los Angeles counties.
For more information or to request a nomination form contact Mr. Doran Sanchez at (951) 697-5220.
Washington, DC AMA Member Joshua Bolten has taken on a new responsibility of significance as the White House Chief of Staff.
Bolten, 51, crafted campaign policy for the president and served as deputy chief of staff before becoming director of the Office of Management and Budget in June 2003. During the 2000 campaign, he formed Bikers for Bush.
Holding one of Washington’s most powerful jobs, Bolten will be managing a flow of daily briefings for the president on everything. The Bush administration considers Bolten "well-respected" inside and outside the administration while the AMA considers him another valued member making a difference in our world.
Lansing (Michigan) Motorcycle Club again celebrated Arbor Day, bringing credit to the motorized recreation community in planting 4,000 trees in the Kalkaska area. Nearly 50 people, many of them families, showed up at the Leetsville ORV Trail Head parking lot, manned with shovels, water bottles, and determination to plant 4,000 pine trees in an area covering nearly 5 acres.
Comments and thanks were given to the group by Michigan Department of Natural Resources (MDNR) Manager Mindy Koch. Appreciation was also expressed by Lynn Boyd, Chief of MDNR Forest, Mineral & Fire Management Division.
If you or your organization are interested in participating in such a project in your area for 2007, contact AMA District 14 Legislative Assistant Director, Thomas Dunn @ 517 627-1417 or Dick Ranney, Chair, MDNR ORV Trail Advisory Committee @ 989 469-2405.
Cathedral City, California City Council joins the growing list of local governments who have voted to ban off-highway vehicle (OHV) recreation. The City Council voted 4-1 to make all riding of OHVs in the city limits illegal, including riding on private property. The ordinance, which will take effect during the last week of April, will also give police the power to confiscate violators' vehicles.
Fines for violating the ordinance will begin at $250 and increase to $500 for a second offense, $750 for a third and $1,000 for all subsequent offenses within a 12-month period. Offenders will likely be subpoenaed and charged based on witness reports rather than caught in the act according to Police Chief Stanley Henry.
Unfortunately this is an all too common problem all across this country with the advent of urban sprawl and the perpetuation of the “NIMBY” mindset. The AMA Government Relations Department does all it can to protect your right to ride. As a member-driven organization, one of our most effective tools is our ability to muster grassroots political action.
If this is happening in your area or you would like to get organized before it comes to your area contact AMA Grassroots Manager Terry Lee Cook at 614-856-1900 extension 1288 or at tcook@ama-cycle.org to get started.
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 handle if we are organized for action
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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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