AMA Rights - News & Notes
June 2007
US Senator Susan
Collins (R-ME) and U.S. Senator Russ Feingold (D-WI) recently introduced
S. 616, "The HIPAA Recreational Injury Technical Correction Act.”
Identical legislation passed the full Senate in the 109th Congress and
obtained 177 bipartisan cosponsors in the House.
S. 616 aims at ending health care discrimination for
individuals participating in legal transportation and recreational
activities-activities like motorcycling, snowmobiling, skiing, horseback
riding, and all-terrain vehicle 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, such as motorcycling.
In 2001, the Department of Health and Human Services
released the final rules that would govern the HIPAA law. The rules
recognize that employers cannot refuse health care coverage to an
employee on the basis of their participation in a recognized legal
activity. However, the benefits can be denied for injuries sustained in
connection with those activities. Therefore, you were guaranteed the
right to health care coverage but not guaranteed any benefits in return
for your monthly payments.
The AMA is urging all motorcyclists to notify their
Senators and tell them to co-sponsor and support S. 616, "The HIPAA
Recreational Injury Technical Correction Act."
Tennessee Senate Bill 1511 has
passed the Tennessee Senate. SB 1511 would further modify the states
helmet laws for adults. Senator Tim Burchett has once again championed
"Freedom of Choice" for Tennessee motorcyclists. The bill now
goes to a House Transportation subcommittee for a hearing.
A Pennsylvania
lawmaker has introduced a bill to make helmets mandatory for motorcycle
riders again. Since 2003, helmet use has been optional for those who are
at least 21 and have been licensed to ride for two years or who have
finished a state-approved safety course.
State Rep. Dan Frankel of Allegheny County said there
are too many deaths and injuries because of the no helmet option and
said the associated medial costs are driving up costs to the public.
The first United Nations
World Youth Assembly for Road Safety was held in Geneva, Switzerland, in
April 2007, with the aim of engaging young people in the issue of road
safety. The Motorcycle Industry Council (MIC) was asked to provide
information on the benefits of helmet use, and, in consultation with the
Motorcycle Safety Foundation, produced a video for the Assembly.
The Assembly was a key event in the First United
Nations Global Road Safety Week (April 23-29), which was jointly
organized by the World Health Organization and the United Nations
Regional Commissions. Young people from more than 100 countries attended
the Assembly; 400 signed a Youth Declaration for Road Safety, in which
they committed to taking practical measures to improve road safety and
calling on other young people to do the same.
The MIC video, called "Helmets: Get Your Head
Into It," was presented during the conference. It highlighted a
number of benefits of helmet use, focusing primarily on rider protection
and comfort; showed how to properly fit a motorcycle helmet; discussed
key safety and comfort features; and encouraged riders to wear full
protective gear. In addition to wearing all the gear, all the time,
including a quality helmet, the video recommends that riders get trained
and licensed, ride unimpaired, ride within their own skill limits and
become lifelong learners by taking refresher courses. The video is
available for download at www.mic.org and has also been posted on
YouTube and Break.com.
MIC is located in Irvine, California, is a
not-for-profit, national trade association representing manufacturers
and distributors of motorcycles, scooters, motorcycle/ATV parts and
accessories and members of allied trades.
Montana motorcycles and ATVs must
now be equipped with spark arresters and mufflers that don’t exceed
96db(A), as measured by SAE J1287 to be operated on public lands. The
new requirements were introduced by Rep. Bill Thomas (D-Great Falls) and
were signed into law by Gov. Brian Schweitzer (D) in April.
Pennsylvania Senate bill 497,
introduced by Sen. Robert D. Robbins (R-Greenville), seeks to expand
liability protection for land owners who open their land to recreation.
The bill would clarify that existing protections do extend to
“motorized recreational vehicle riding” and would allow land owners
to recoup legal fees resulting from certain types of legal action. The
text of the bill is available on the “Rapid Response” page of
www.AMADirectLink.com.
Oklahoma ATV legislation requiring
limited helmet mandates awaits the signature of Governor Brad Henry.
Authored by Rep. Bill Nations, D-Norman, the bill (HB
1686) would require that children under the age of 18 wear a helmet
while riding an all-terrain vehicle on public lands. The bill would not
affect ATV use on private land or for agricultural purposes.
The measure was originally approved by votes of 82-16
in the House and 38-9 in the Senate. It received a final 80-19 vote of
approval in the House and was sent to the governor to be signed into law
or vetoed.
The Ohio General Assembly has
introduced new legislation to hold all motor vehicle operators more
accountable for their actions.
Senate Bill 158, introduced by Senator Joy Padgett
(R-Coshocton) and House Bill 207, introduced by Representative Jon
Peterson (R-Delaware), propose enhanced penalties for those convicted of
or pleading guilty to a right-of-way, an assured clear distance ahead
(rear-end collision), or a marked lane (sideswipe) violation that
results in serious injury or death to another roadway user. A portion of
the fines collected would be designated for use by the Ohio Department
of Public Safety (ODPS) for highway awareness programs.
Visit the AMA Rapid Response Center at www.AMADirectlink.com to learn
how you can get involved in supporting SB-158 and HB-207.
Tennessee House
Bill 1335, sponsored by Representative Rob Briley (D-Nashville), and
Senate Bill 794, sponsored by Senator Tim Burchett (R-Knoxville), would
provide for increased fines and suspension of license/permit/driving
privileges for anyone convicted of a right-of-way violation involving
serious injury or death. SB-794 has been scheduled for a floor vote in
the Senate.
Volunteer State riders are encouraged to call, write,
or visit your representative and senator to let them know how you feel
about increasing penalties for those offenses who injure or kill other
roadway users in Tennessee. Or use the “TAKE ACTION” feature on www.AMADirectlink.com
to compose and send an electronic message or hardcopy printout of your
support for HB-1335 and SB-794.
New Jersey
Assembly Bill 3701, introduced by Assemblywoman Alison Littell McHose
(R-Sparta), would establish a Lane Splitting Task Force to focus on the
policy of allowing motorcycles to ride between lanes of motor vehicle
traffic during times of congestion, and to examine the advantages and
drawbacks of instituting such an initiative in the Garden State. The
task force would consist of five members, including representatives from
the Motorcycle Safety Foundation, Rider Education of New Jersey,
Commissioner of Transportation, Motor Vehicle Commission, and State
Police.
In conducting its inquiry, the task force would be
charged with studying lane splitting initiatives which have been adopted
or considered in other states and countries and determining their effect
on road congestion and traffic safety. The task force would compare
these various initiatives and establish an opinion on which components
would provide the most benefit with the safest implementation, if lane
splitting were adopted.
The bill requires the task force to report its
progress to the Governor and Legislature annually, and to issue a final
proposal within three years.
Washington’s SB
5544, which if adopted as written would have all but eliminated
motorcycle and ATV use on most public and private properties throughout
the state has failed to pass the senate due to a lack of support. The
latest version included some reasonable modifications, including a
proposed limitation on pipe dB’s of 96 using the SAE J-1287 test
procedure, something supported by the AMA, but kept the "clearly
audible" standard in place, along with a cost recovery provision
for lawsuits, something that cannot allowed to stand. The legislature
has heard from the voters and refused to adopt this bill.
Michigan House
bill 4323, sponsored by Rep. Joel Sheltrown (D-West Branch), would allow
County Boards of the northern counties (defined as those north of the
south line of township12 north) to adopt ordinances authorizing the
operation of off-road vehicles (ORV) on the right-of-way of public
streets and roads within the county. The bill was co-sponsored by all 14
northern Michigan representatives. Three dozen other legislators from
southern Michigan also signed on to the bill as co-sponsors.
HB 4323 is before the Senate Committee on Natural
Resources and Environmental Affairs.
The Michigan Motorized Recreation Council (MMRC) has indicated its
support for HB 4323. A summary of the bill, provided by the MMRC, is
available on the “Rapid Response” section of www.AMADirectLink.com.
TreadLightly! has
created a new print public service announcement (PSA) campaign to appeal
to a broader scope of motorized vehicle riders. Through several surveys,
they determined that one of the main reasons people ride off of trails
is because they believe their ride will be "more challenging/more
fun". The objective of the new campaign, titled "Ride Hard,
Tread Lightly", is to help change the misperception that a
responsible ride is a boring ride.
The messages focus on staying on designated trails,
using maps, and
avoiding the spread of invasive species. The PSA's can be printed into
posters for trailheads, included in brochures and maps, etc....
To request a free disk of high-resolution files,
simply send an e-mail to
monica@treadlightly.org. They can also be viewed and downloaded at www.treadlightly.org.
Europe’s Motor
Cycle Industry Association (MCI) has called for the Transport Select
Committee’s (TSC) Report into the Government’s Motorcycling Strategy
to be treated with caution.
The MCI welcomes the fact that the Committee has
recognized the broad opportunities that exist for motorcycling as a
transport mode and that the TSC supports the targets in the
Government’s Motorcycle Strategy, which was published in February
2005. The MCI also welcomes the recommendation that Government should
continue to work closely with the industry as the Strategy is
implemented. The Committee also commented favorably in other areas. The
TSC regards rider training as more robust than car driver training but
is concerned that DSA must provide adequate testing and training
opportunities beyond 2008.
The TSC also supported a more permissive attitude to
allowing motorcycles in bus lanes and has called for government to
include motorcycling in schools education – two policy areas strongly
supported by MCI.
On the matter of an off-road registration scheme the committee on one
hand recognized that most agencies, including the police, do not believe
it would work and does not support implementation if cost and
administrative burden would be prohibitive. The TSC came down on the
side of off road registration given the arguments presented in the
Report.
The Committee ignored evidence that shows that the
absolute speed and power of motorcycles is not usually a direct factor
in motorcycle accidents. Over 60% of accidents are caused by other road
users and motorcycle-only accidents are often due to rider skills and
experience deficiencies, rather than excesses of speed and power. The
chance of being killed on a motorcycle are also very low –
approximately one death to every 10 million kilometers ridden.