Illinois Motorcyclists Rights Association

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American Motorcyclist Association

August 2009

News & Notes is a monthly publication compiled and edited by the American Motorcyclist Association (AMA) Government Relations Department. Designed to inform motorcyclists of rights-related issues and events around the world, News & Notes welcomes your input. Suggestions and contributions can be sent to Sheila Andrews, AMA Legislative Assistant, by e-mail at sandrews@ama-cycle.org.

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New stationary on-highway motorcycle sound test standard released by the Society of Automotive Engineers International (SAE): The SAE has produced a simple, consistent and economical sound test standard that can be used to determine whether a streetbike (on-highway motorcycle) exhaust system emits excessive sound, the AMA reports. The procedure is the result a long-term project of the Motorcycle Industry Council and the Society of American Engineers. The J2825 "Measurement of Exhaust Sound Pressure Levels of Stationary On-Highway Motorcycles," issued by the SAE in May 2009, establishes instrumentation, test site, test conditions, procedures, measurements and sound level limits. According to the SAE, the J2825 standard is based on a comprehensive study of a wide variety of on-highway motorcycles.

The creation of a new street motorcycle sound measurement procedure was a top recommendation of the 2003 National Summit on Motorcycle Sound, expressed by its Motorcycle Sound Working Group. The AMA organized the National Summit on Motorcycle Sound to pull together riders and user organizations, representatives of the motorcycle manufacturers, the aftermarket industry, racing promoters, government agencies, and others to develop proposals regarding the increasingly controversial issue of excessive motorcycle sound.

The SAE J2825 standard can be downloaded on the SAE website for a fee of $48.80 - $61.00 at: http://www.sae.org/technical/standards/J2825_200905

Riding to New Heights in Keystone, Colorado: The program for the AMA International Women & Motorcycling Conference, presented by Harley-Davidson and Buell, boasts seminars and speakers, demo rides and other activities jam packed into a fun four-day event. Held at the stunning Keystone Resort & Conference Center in Keystone, Colorado, on Aug. 19-22, the conference will provide state-of-the-art amenities and world-class riding to greet everyone who signs up. Recently BMW and Ducati joined Harley-Davidson, Buell and Yamaha to provide demo rides that will offer conference attendees the opportunity to sample a variety of their most popular models. Participants can register now at https://home.ama-cycle.org/iwmc/registration/register.aspx or by phone by calling (800) AMA-JOIN. While the event focuses on women riders, men are also welcome to register and participate.

Source: http://www.amadirectlink.com/news/story.asp?id=1031

Boston, Massachusetts: In an attempt to silence community concerns regarding excessive motorcycle exhaust sound, the Boston City Council fast-tracked enactment of Docket 0658 (An ordinance regulating the noise levels of motorcycles) on June 3, 2009. A public hearing was held May 26 before the Committee on Government Operations. The new ordinance mandates that all on-highway motorcycles built after December 31, 1982 must have either OEM (original equipment manufacturer) or aftermarket exhaust systems that comply with the US EPA labeling provision in the Code of Federal Regulations. Violations will result in a $300 fine.

Source: http://www.cityofboston.gov/cityclerk/hearing/upload_pdfs/docket_pdfs/065805312009.pdf

The Annual Motorcyclist Advisory Council (MAC) survey is once again seeking on-highway rider feedback and input. Answers provided will be used to help state and federal highway administrators better understand and plan for the needs of motorcyclists. The survey can be accessed at http://tinyurl.com/ovzduo until August 1, 2009.

The National Off-Highway Vehicle Conservation Council (NOHVCC) has announced it will present free webinars this month dealing with route designations in national forests. The webinars - entitled "Route Designation: How Did We Get Here?" -- will be held on July 21 at 10 a.m., July 22 at noon, and July 28 at 6 p.m. All times are Central Daylight Savings Time. Registration can be done at NOHVCC.org. This is the first in a four-part Public Land Advocacy webinar series. The series is designed to help government agency personnel, off-highway vehicle (OHV) enthusiasts, and other interested parties create and maintain sustainable OHV trails. The workshops in the series were developed in cooperation with the AMA, BlueRibbon Coalition, Motorcycle Industry Council (MIC), Off-Road Business Association, Specialty Vehicle Institute of America (SVIA), and United Four Wheel Drive Associations. Thanks to funding provided by the MIC, SVIA, and the Recreational Off-Highway Vehicle Association, as well as the Yamaha OHV Access Initiative Program, this webinar series is free. For more information and to register for webinar sessions, go to www.NOHVCC.org or call (800) 348-6487.

Texas: Senate Bill 1967, authored by Sen. John Carona (R-Dallas) and sponsored by Rep. Norma Chavez (D-El Paso), introduces many motorcycle-related changes in the Lone Star State. Included in the bill are 1) funding by Texas Department of Transportation for a public awareness campaign to promote motorcyclist safety and the concept of sharing the road with motorcyclists; 2) changes to the definition of a motorcycle to include certain enclosed three-wheeled passenger vehicles; 3) changes to the licensing requirements for enclosed three-wheeled passenger vehicles; 4) a requirement for all applicants for a motorcycle license or endorsement on a regular or commercial driver's license to provide proof of successful completion of a basic motorcycle operator training course; 5) penalties for failure to yield the right-of-way violations resulting in bodily injury range from $500 to $2,000 while those resulting in serious bodily injury range from $1,000 to $4,000; 6) a prohibition against stopping or detaining a motorcycle operator or passenger solely to determine whether the person has successfully completed a motorcycle operator training and safety course or is covered by a health insurance plan; 7) a requirement for the Department of Transportation to develop a standard of proof of health insurance coverage for adult motorcycle operators and passengers; and 8) a requirement that all driver education courses or driving safety courses include information on motorcycle awareness, dangers of failure to yield the right-of-way to motorcyclists, and the need to share the road with motorcyclists. Governor Rick Perry signed the bill into law on June 19; it becomes effective September 1, 2009.

Florida: Senate Bill 1100, authored by Senate Transportation Committee, changes the definition of a motorcycle to exclude a vehicle in which the operator is enclosed by a cabin, unless the vehicle meets the requirements set forth by the NHTSA for a motorcycle. The bill also removes the requirement that a motorcycle or moped license tag be permanently affixed horizontally to the ground, but adds a provision that "No device for or method of concealing or obscuring the legibility of the license tag of a motorcycle shall be installed or used." Governor Charlie Crist signed the bill into law on June 16, 2009.

Nevada: A bill to require registration and licensing of up to 400,000 off-highway vehicles in Nevada has been vetoed by Gov. Jim Gibbons, who said it calls for new fees and which is not something he supports. Senate Bill 394 was supported by rider groups, power sports dealers, law enforcement agencies, the Nevada Conservation League, the Nevada Association of Counties, the Nevada Cattleman's Association and the Nevada Farm Bureau. The bill language is available on the "Rights" page of AmericanMotorcyclist.com.

The California State Parks Off-Highway Motor Vehicle Recreation Division is proposing revisions to the safety regulations for Oceano Dunes State Vehicle Recreation Area. The current regulations require a whip and flag for non-street legal vehicles. The new proposal would require a whip and flag for every vehicle in the dunes. This requirement would be consistent with the regulations for Dumont Dunes and Imperial Sand Dunes Recreation Areas, which are popular areas managed by the Bureau of Land Management.

Source: http://www.ohv.parks.ca.gov/?page_id=25980

California motorcycle smog test proposal pulled. Thanks to the efforts of thousands of AMA members and other concerned motorcyclists, the sponsor of a proposed California law to require motorcycles to undergo periodic exhaust emissions testing has pulled the bill and it is no longer expected to be heard during the 2009 legislative session. The measure, Senate Bill 435, which was introduced this year by state Sen. Fran Pavley (D-Santa Monica), would have required all model year 2000-and-newer on-road motorcycles with engine displacements of more than 280cc to be tested every two years. Riders also expressed their concern that the bill could require motorcyclists to always have a stock exhaust system, whereas automobile owners are allowed to install aftermarket systems, which can be less costly.

Michigan: Off-highway motorcyclists now have 27 miles of new trail in the Upper Peninsula thanks to the hard work of the U.P. Sandstormers Motorcycle and ORV Club, in cooperation with the state Department of Natural Resources and the U.S. Forest Service. The new single-track Moss Lake Off-Road Motorcycle Trail is about three miles north of Nahma Junction in the Hiawatha National Forest. It's one mile east of Forest Highway 13 on Forest Road 2231, which is about three miles north of U.S. Highway 2.
Officials from the Sandstormers, Department of Natural Resources and the Forest Service all stressed during trail opening ceremonies June 27, 2009 that cooperation among those involved was the key to making the trail a reality.

Ohio: Former AMA Board of Directors Chairman Dal Smilie was arraigned in Ohio's Fairfield County court recently on felony charges in connection with evidence discovered by the AMA that Mr. Smilie submitted unsubstantiated expense reimbursement claims over a period of years. Mr. Smilie entered a plea of not guilty in response to a Fairfield County grand jury indictment on charges of theft by deception and receiving stolen property in the matter, which involves more than $100,000. He was free on a $25,000 surety bond and a $10,000 recognizance bond.

Source: http://www.americanmotorcyclist.com/news/story.asp?id=934

Missouri: Senate Bill 202, sponsored by Sen. Kurt Schaefer (R-Columbia), would have permitted motorcyclists and passengers 21 years of age or older to make the use of a helmet a personal decision (except on Interstate highways). It also would have provided that operating a motorcycle, in and of itself, shall not be considered evidence of comparative negligence. Finally, it stated that when investigating an accident or settling an automobile insurance policy claim, no insurer, agent, producer, or claims adjuster of an insurer shall assign a percentage of fault to a party based upon the sole fact that the party was operating a motorcycle in an otherwise legal manner. Although overwhelmingly passed in both the Senate and the House, Governor Jay Nixon vetoed SB-202 on July 2, 2009.

Queensland, Australia: A new series of motorcycle safety initiatives that target novice riders is the latest strategy adopted announced by Transport Minister Rachel Nolan to help combat the state's rising motorcycle fatality rate. The new initiatives will include a Learner Approved Motorcycle Scheme (LAM Scheme) permitting RE class license holders to only ride motorcycles suitable for their level of riding ability and experience. Motorcycle riding is growing in popularity with over 150,000 motorcycles registered in the state. Under the strategy, motorcycle riders are also encouraged to protect themselves by wearing the correct safety gear to reduce the chances of severe injuries if they are involved in a crash. These changes went into effect on July 1, 2009 and failure to comply with the new rules may result in fines and demerit points.

Source: http://www.motorcyclesafety.qld.gov.au/

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