January 17, 2006
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THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to Injured
Motorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), and
is sponsored by the Law Offices of Richard M. Lester. For more information, call us at 1-(800) ON-A-BIKE or visit us on our website at http://www.ON-A-BIKE.com
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NCOM NEWS BYTES
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists
VIRGINIA HELMET LAW DECLARED UNCONSTITUTIONALLY VAGUE Portions of Virginia's
motorcycle helmet law were declared unconstitutional on Friday, December 9, 2005
by a judge of the Newport News Circuit Court. In a ten page memorandum order,
Hon. H. Vincent Conway, Jr. held that the portions of Va. Code subsection
46.2-910 which defined the standards that a protective helmet must meet or
exceed were unconstitutionally vague, denied due process and were unenforceable.
The decision marked another victory in the ongoing battle by the Law Offices of
Tom McGrath to challenge Virginia's helmet law.
McGrath, who is the Aid to Injured Motorcyclists (AIM) Attorney for Virginia,
and his Newport News associate Matt Danielson concentrate their practice on
representing injured motorcyclists. In addition, they provide legislative
lobbying services and traffic citation defense for the motorcycling community.
In the past five years they have successfully defended over fifty bikers charged
with violation of Virginia's helmet statute. Although the constitutional
arguments have been raised many times before, the courts have previously ruled
that the Commonwealth could not prove a violation of the statute and thereby
avoided a ruling on the constitutional issues. Judge Conway did not follow this
course and instead found at least some of McGrath's arguments to be persuasive.
"The impact of Judge Conway's decision is that any helmet selected by a
motorcyclist in the city of Newport News now complies with the statute since the
standards previously used have been invalidated," explained McGrath.
...............
BIKERS PROTEST DISCRIMINATION AGAINST "COLORS" Almost all Southern California
motorcycle clubs put their differences aside to band together to fight outright
discrimination on Sunday, December 4, 2005 at the Veterans Stadium during a
monthly motorcycle swap meet that bars patcholders from attending.
Popeye, a board member of the Confederation of Clubs of Southern California and
member of the Vietnam Vets MC, attended to help organize the rally with Gill
Mellen, ABATE of California public relations officer.
Everyone took turns at the entrance with picket signs that said, "Stop
Discrimination Against Patcholders," "Together We Stand," and other such slogans.
"As people and vendors rolled up they were told not to go in if they wanted to
stand up for equal rights and that the same people they were banning were the
ones who made the swap meet great," wrote Karyn Chassman in Quick Throttle
magazine. "A few vendors and lots of patrons turned around and left, which we
applauded and cheered as they did."
The protesters hoped to resolve the problems between the patcholders and the
swap meet and to make bikers aware of the injustice and prejudice going on
around them that they may one day face.
All in all, the protest accomplished it's goals, as all parties involved, from
the swap meet management to the Confederation of Clubs, are in communication and
hope the resolve this matter positively and for the good of the entire
motorcycling community.
.............
POKER RUNS RULED ILLEGAL IN TEXAS While some nonprofit organizations raise
money by hosting games of bingo and selling raffle tickets, motorcycle riders
have had their own strategy to make giving fun - the poker run.
Although they can be organized differently, poker runs typically involve
motorcycle riders paying a fee to participate and then they draw their cards at
stops along a designated route. When they reach their destination, cash prizes
are awarded for the best hands and sometimes the worst hand.
It's a traditional way among bikers to have fun while raising money for a good
cause, according to Sputnik, the state chairman of the Texas Motorcycle Rights
Association, but Texas Attorney General Greg Abbott recently ruled that poker
runs are illegal when participants must make a charitable donation to ride and
have a chance to win cash prizes at the end.
"It's just a way of life for us," said Sputnik, who also serves on the National
Coalition of Motorcyclists (NCOM) Legislative Task Force. "It's a way to get
together, have fun and compete against each other. It's not so much about the
money."
Abbott, however, has frustrated the bikers by recently declaring that poker runs
constitute illegal gambling. "Even if the contribution goes to a charitable
cause and the nonprofit organization will pay prizes from other money, a
participant pays money for the chance to win a prize," Abbott said in the
opinion. "Thus we conclude ... the nonprofit organization would become a
custodian of a bet in violation of Texas law."
Such a violation is a Class A misdemeanor and punishable by either fine of up to
$4,000, up to a year in jail, or both.
The motorcycle community will appeal to legislators for a statute to allow poker
runs and challenge the attorney general's opinion in court, if necessary,
Sputnik said. In the meantime, the motorcycle rights association will consult
its attorneys to find ways around the ruling, he said.
"We're going to look at getting around it on the basis of not being a game of
chance, but a game of skill," Sputnik said. "If that doesn't work, we'll look at
doing something legislatively in the next session. It is really going to affect
who we support in the election this time."
..........
GOVERNATOR INJURED IN MOTORCYCLE ACCIDENT California Governor Arnold
Schwarzenegger and his 12 year old son, Patrick, received minor injuries in a
recent motorcycle accident near their Brentwood home when a neighbor backed into
the street in front of the governor's Harley-Davidson motorcycle equipped with
sidecar.
Schwarzenegger received 15 stitches to repair a cut lip, but may have skidded
into more trouble when it was discovered that the big screen action hero has
been riding motorcycles for years without a proper license endorsement.
The governor has the Class C license, which technically covers the operation of
a sidecar under state motor vehicle law; but Schwarzenegger said he "never
thought about" getting his motorcycle license. He said that he had a motorcycle
license when he lived in Europe, but never considered obtaining another one
after he immigrated to the United States in 1968.
But now after all the brouhaha over his most recent accident, he has promised to
get his license and vowed to continue to ride. In December 2001, Schwarzenegger
broke six ribs and was hospitalized for four days after a motorcycle crash in
Los Angeles when a car stopped in front of him and he was unable to change lanes
to avoid the vehicle.
..........
JANKLOW GETS LAW LICENSE BACK The South Dakota Supreme Court ruled on January
5th to reinstate the law license of former Congressman Bill Janklow, who was
convicted of felony manslaughter in the traffic death of a motorcyclist in 2003.
The former four-term governor was forced to resign from Congress and lost his
license and right to practice law when he was convicted of second-degree
manslaughter, reckless driving, speeding and failure to stop at a stop sign in
the death of motorcyclist Randy Scott, 55. who was killed in August 2003 when
Janklow blew through a stop sign and into the path of Scott's motorcycle.
After a jury found him guilty, Janklow was sentenced to only 100 days in jail,
was placed on probation until January 2007 and cannot drive for three years.
..........
BIKE THEFTS SURGE It's no secret that in the last five years, the motorcycle
market has experienced phenomenal growth. Sales have doubled since 1999 and
reached their highest levels in three decades. Unfortunately, going hand in hand
with that has been an alarming increase in the instances of bike theft.
The National Insurance Crime Bureau (NICB) reports that motorcycle theft
increased more than 55% from 2002 to 2003 in the U.S. and Canada. That's one
bike stolen every 9.5 minutes. Of these stolen bikes, only 25-30% were recovered.
What are the most effective means of protecting your ride? A survey conducted
last spring by Opinion Research Corporation indicated what bike owners are
currently doing: 88% always keep their bikes concealed in a garage or storage
area when parked at home; 80% remove their keys from their parked bikes; 76% use
locks; 62% park in a well-lit area and 47% use kill stitches in an attempt to
prevent theft. Only 16% use alarms.
..........
MISSISSIPPI MOTORCYCLE OWNERS UNFAIRLY TAXED The Mississippi State Tax
Commission recently decided to double and in some cases triple the ad valorem
tax on motorcycles, directing the collection of more tax on new motorcycles than
on cars and trucks that cost twice as much, making motorcyclists shoulder an
unfair share of the tax burden.
Previously, the state taxed motorcycles from value schedules based on the
displacement of the engine. On Sept. 1, the Tax Commission began using a
computer program purchased from R.L. Polk & Co. to calculate the assessed value
of each motorcycle.
There are four problems with what is now going on:
* The sales tax on new motorcycles is 7 percent. Purchasers of new cars and
trucks are charged only 5 percent.
* Under the current system for collecting ad valorem taxes on cars and trucks,
the tax is based on a figure which is 90 percent of Manufacturers' Suggested
Retail Price. The calculation of the tax on motorcycles uses MSRP as "true value."
* Owners of cars and trucks receive a "legislative tax credit" which
significantly reduces the ad valorem tax they pay when they purchase and renew
their tags, whereas motorcycles were specifically exempted.
* The taxation of motorcycles is done in secret, out of public view, and Public
Records Act requests for access to the program have been denied.
To address this inequity, Mississippi State Representatives Beckett and Bounds
have introduced House Bill 55; "AN ACT TO AMEND SECTION 27-51-101, MISSISSIPPI
CODE OF 1972, TO INCLUDE MOTORCYCLES IN THE DEFINITION OF "PRIVATE CARRIER OF
PASSENGERS" FOR THE PURPOSES OF BEING ELIGIBLE FOR A TAX CREDIT AGAINST MOTOR
VEHICLE AD VALOREM TAXES; AND FOR RELATED PURPOSES."
According to ABATE of Mississippi, the motorcycle community is not looking for
any special treatment, we are just asking for equality.
..........
S.C. BILL WOULD MAKE STOP LIGHTS OPTIONAL FOR BIKERS With 44 years of
motorcycle riding experience, Billy Richardson knows what he likes - "You're out
in the open a lot more, it's more relaxing" - and what he doesn't. "I get upset
sitting at the traffic lights and waiting all the time," he says.
It's a problem that not only irritated him, but it prompted him to write a bill.
A piece of legislation that - if passed - would turn sensored stop lights into
stop signs for motorcycle riders.
Richardson proposed the legislation because he says most bikes aren't heavy
enough to set off sensors, so unless a car pulled up, the light wouldn't change.
"We want the freedom to go if the road is clear. We're not going to pull out.
Trust me, ain't no motorcycle gonna pull out in front of nobody," he says.
They would, though, get to go straight, go left, whatever, when drivers of cars
couldn't.
He says he has a lot of support and hopes to soon get the green light to go on red.
"We've got good positive feedback about it and I feel good. I won't lie about
it, I feel good," he says with a grin.
Richardson says Minnesota, Tennessee and Arkansas already have similar laws in
effect.
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MALAYSIAN CITIES MAY BAN MOTORCYCLES The Government of Malaysia has been urged
to ban motorcycle use in city centers to reduce accidents. Malaysian Association
for Community Development Volunteers (MACOM) president, Norizan Sharif said
current actions against errant motorcyclists had not been effective.
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.
"There is sufficient cheap public transport in Malaysian cities which can be
used by motorcyclists," she said, adding that motorcycles should continue to be
allowed in rural areas because public transportation there is still lacking.
.........
QUOTABLE QUOTE: “Courage doesn't always roar. Sometimes courage is the quiet
voice at the end of the day saying, I will try again tomorrow.”
Mary Anne Radmacher-Hershey, American Poet & Inspirational Writer
AND THAT'S ALL THE NEWS THAT FITS!
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Copyright 2006, National Coalition of Motorcyclists
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