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American Motorcyclist Association
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September 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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U.S. House Congratulates American Motorcyclist Association on its 85th anniversary. U.S. Representative Michael C. Burgess (R-Texas) introduced House Resolution 676 on the House floor on July 24 congratulating the AMA on its 85th anniversary, and commending the Association for promoting and protecting the interests of motorcyclists since 1924. The resolution notes that AMA members make up "the world's largest and most dedicated group of motorcycle enthusiasts," and that riders are "one of the nation's most passionate subcultures." It goes on to state that "the House of Representatives congratulates the American Motorcyclist Association on its 85th Anniversary and commends it for having promoted and protected the rights and interests of motorcyclists and motorcycle enthusiasts since 1924." In acknowledging the honor, AMA President and CEO Rob Dingman credited the AMA's membership of motorcycling enthusiasts. The resolution highlights the AMA's dedication to motorcycling's heritage through its Pickerington, Ohio-based AMA Motorcycle Hall of Fame, which "honors those who have contributed to the history of motorcycling through political activism, culture and sport, and which preserves the heritage of motorcycling for future generations." The resolution also notes how the AMA collaborates with member clubs, promoters and partners to sanction thousand of motorsports events each year. Source: http://www.amadirectlink.com/news/story.asp?id=1129
The AMA, a frequent voice about the dangers to motorcyclists of distracted and inattentive driving (and riding), has issued a formal position statement from the association's board of directors (see http://www.americanmotorcyclist.com/legisltn/positions/distracted.asp). Meanwhile, the issue is gaining national attention following the publication of a New York Times article alleging that the National Highway Traffic Safety Administration withheld distracted-driver data to avoid angering Congress (see http://www.cnbc.com/id/32026716). With that data public, Secretary of Transportation, Ray LaHood, then announced an upcoming summit on distracted driving to be held in September 2009. Details have yet to be released, but information can be found on the event's webpage at http://www.rita.dot.gov/distracted_driving_summit/. Also, a new study conducted by Virginia Tech Transportation Institute reports that when long haul truck drivers texted, their collision risk was 23 times greater than when not texting (see http://www.nytimes.com/2009/07/28/technology/28texting.html). Now four U.S. Senators are pushing for legislation to ban texting while driving anywhere in the country (see http://www.cnn.com/2009/POLITICS/07/29/texting.ban/index.html).
The AMA is pleased to announce that longtime motorcyclist and rider safety coach Maggie McNally has been appointed to the AMA Board of Directors. McNally, who resides in Albany, N.Y., will represent individual members from the country's Northeast region on the AMA Board. McNally, whose appointment was approved at the Board's July 27 meeting, fills the vacancy created when former Board member Joe Bromley joined the AMA staff as the director of racing. Her term expires in February 2011. Source: http://www.amadirectlink.com/news/story.asp?id=1171
U.S. House members sign letter of support for the Recreational Trails Program (RTP). Some 26 members of the U.S. House have signed a letter addressed to the leadership of the House Transportation and Infrastructure Committee in support of the federal RTP that provides funding for motorized and non-motorized trails. U.S. Reps. Mike Michaud (D-Maine) and Tom Petri (R-Wis.) first circulated the letter seeking signatures on July 10. To support the initiative, the AMA asked motorcyclists and ATV riders to contact their lawmakers and urge them to sign the letter in support of the program.
The RTP is a Federal Highway
Administration administered program that was first created in the
1991 transportation bill. The RTP operates through state trail
programs, with the active involvement of diverse trail interests
represented by mandated state trail advisory councils. Funding is
provided by taxes generated from fuel used in off-highway
recreational vehicles. years-$90 million in 2010, $100 million in 2011, $110 million in 2012, $120 million in 2013, $130 million in 2014, and $140 million in 2015. Read the letter at http://www.americanmotorcyclist.com/legisltn/RTP_Ltr_Transportation_Comm_July09.pdf. Source: http://www.amadirectlink.com/news/story.asp?id=1159
North Carolina: Senate Bill 64, sponsored by Sen. Harry Brown (R-Jacksonville), proposed changes to requirements for obtain a motorcycle learner's permit and a motorcycle endorsement, including mandatory rider training for all first-time endorsement applicants. In an amendment offered on the House floor by Rep. Dale Folwell (R-Winston-Salem), the bill was changed to instead make rider education mandatory for those under 18 years of age and make a learner's permit valid for twelve months with one six-month renewal. Now that the amended version has passed in the House and the Senate concurred with the changes, SB-64 has been sent to Governor Mike Easley for his consideration.
Florida: SunPass transponder use between the I-95 Express and the southern Florida Turnpike or an adjacent toll road has been clarified. The I-95 is free to motorcyclists, while other toll roads are not. Rick Nelson, Director of Toll Operations for the Florida Department of Transportation, clarified the issue for motorcyclists in order for riders to remain safe from the hazards of shielding and uncovering one's transponder while riding. Additionally, the clarification will allow motorcyclists to avoid being charged while riding the I-95. Nelson advised that motorcyclists should put their transponder in the shiny silver RF-shield bag that it came with. He explained, "The SunPass system will take a photograph of your license plate and image-toll you for your use of the toll roads." This only works if your SunPass account is updated. Nelson advised, "Remember to use your SunPass transponder when your trips don't include travel on the I-95."
Florida: Recently the Florida OHV (Off Highway Vehicle) Advisory Committee was notified that the Florida legislature had "swept" $2.37 million from the state's OHV Trust Fund in 2009. Counting the $2 million that was withdrawn from the trust fund by legislative fiat in 2008, a total of $4.37 million has been raided from the trust fund in just two years. The trust fund, which was established by the T. Mark Schmidt Off-Highway Vehicle Safety and Recreation Act of 2002, is funded by a title fee on off-highway vehicles and is supposed to be used to promote OHV recreation and safety. The Florida Trail Riders are encouraging all of Florida's OHV enthusiasts to contact their state legislators and demand that the money be restored to the OHV trust fund. For more information visit www.floridatrailriders.org. For assistance identifying or contacting your state legislators visit the "Rights" page of www.AmericanMotorcyclist.com, click on "Issues & Legislation" and enter your zip code in the "Find Your Officials" box.
Ohio: House Bill 234, sponsored by Rep. Mike Moran (D-Hudson), would authorize the creation of a "Purple Heart" motorcycle license plate. The bill has been referred to the House Transportation and Infrastructure Committee.
Missouri: House Bill 253, sponsored by Rep. Cynthia Davis (R-O'Fallon), specifically permits the use of compliant motorcycle headlamp modulators. These devices vary the intensity of motorcycle headlamps (high or low beam) from their maximum intensity to a lesser intensity under certain conditions. Although already authorized by federal regulations, motorcyclists throughout the country continue to receive warnings and citations for their use. Gov. Jay Nixon signed the bill into law July 7.
House Bill 683, sponsored by Rep. Ed Schieffer (R-Troy), and Senate Bill 368, sponsored by Sen. Bill Stouffer (R-Napton), created an affirmative defense for motorcyclists and bicyclists stuck at an intersection controlled by a traffic-actuated signal that fails to recognize their vehicle. After coming to a complete stop, motorcycle and bicycle operators may proceed with extreme caution after waiting for an unreasonable amount of time and after having determined the vehicle detection device failed to recognize them. Gov. Jay Nixon signed HB-683 into law July 1 and SB-368 into law July 9.
House Bill 481, sponsored by Rep. Timothy Jones (R-Eureka), passed by overwhelming majorities in both the House and the Senate. The bill contains two provisions important to motorcyclists: "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." And "In any action to recover damages arising out of the ownership, common maintenance, or operation of a motor vehicle, the fact that one of the parties was operating a motorcycle shall not, in and of itself, be considered evidence of comparative negligence." Governor Jay Nixon signed HB-481 into law July 10. The three Missouri bills were championed by ABATE for Missouri (http://www.abateformissouri.com) and Freedom of Road Riders (http://www.forr.net) throughout the legislative process.
New Mexico: Recently the Off Highway Vehicle (OHV) program officially transitioned from the Tourism Department to the Department of Game & Fish (DG&F). This transition was legislated in Senate Bill 379, which passed the New Mexico Legislature and was signed into law by Governor Richardson on April 1. DG&F has resurrected the www.b4uride.com website and it has been populated with up-to-date information on the state's OHV regulations, registrations, and safety requirements. The New Mexico Off Highway Vehicle alliance (NMOHVA) has expressed concern to DG&F that is difficult for New Mexico citizens to comply with the requirement that operators under the age of 18 have safety training. The OHV Act says that minors operating a motorcycle or ATV must have completed a certified OHV course and obtain a safety permit. At this time, there is very limited availability of ATV training (especially outside major cities) and there is no off-highway motorcycle training available whatsoever. NMOHVA has offered to work with DG&F to raise awareness of the revised OHV Act and has encouraged the Department to find ways to make ATV and off-highway motorcycle safety training more available to New Mexicans. Source: http://www.nmohva.org/main/news.php?id=32
Arizona: Off-Highway Vehicle Advisory Group (OHVAG) seeking applicants. The OHVAG serves in an advisory capacity to the Arizona State Parks Board. OHVAG is a body of dedicated citizen volunteers who assure public involvement in the implementation of the state parks administered portion of the Arizona Off Highway Vehicle Program. The State Parks Board appoints this important seven-member group. Advisory Committee Member applications are now being accepted for this Committee. Prospective applicants are encouraged to review the information about this committee, as well as download and read the committee's past year's minutes and agendas. Applications and supporting material are due by 5 p.m. on Friday, September 25, 2009. Source: http://www.kartchnercaverns.com/committees/OHVAG.html
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