AMA Rights - News & Notes

    The Denver, Colorado City Council passed a new law that essentially requires all riders in the city to use only stock exhaust systems on their motorcycles. It's a law that addresses sound issues by unfairly targeting only motorcyclists, and the AMA is seeking a dialogue with Denver city officials to try to find a solution.
    On June 4, Denver officials approved changes to the city's vehicle noise ordinance that allow police to issue tickets to riders if their bikes don't have a federal Environmental Protection Agency sound-certification label on the exhaust systems. The new ordinance, which takes effect July 1, would apply to all motorcycles made since 1982, which was the first year that federal law required motorcycles sold in the U.S. to comply with EPA sound regulations.
    In practical terms, that means the bike would be required to have the original exhaust system installed by the manufacturer. Violators would have two weeks to prove to a judge that they have fixed the problem or would be forced to pay a $500 fine.
    Previously, the Denver ordinance required all motor vehicles to pass a sound test that set a limit of 80 decibels at 25 feet. That type of performance standard remains in effect for cars and trucks, except that the allowable limits have been raised. Under the new ordinance, vehicles with a gross weight rating under 10,000 pounds couldn't exceed 82 db(A) at 25 feet, and trucks over 10,000 pounds couldn't exceed 90 db(A) at 50 feet. Only motorcycles would be subject to the EPA sound certification labeling requirement.

    Tennessee HB1335 (Right of Way Violations) passed the Tennessee House today by a margin of 93-3. State Representative Rob Briley did a fine job of carrying the bill to success in the House while Senator Tim Burchett carried the companion Senate bill, SB794, to success.
    The bill will go to the Governor after the Senate signs off on a minor amendment that removes unnecessary language that was left in by mistake.
Representative Briley will ask the Governor to schedule a ceremonial bill signing event at his earliest convenience.
    It will be up to the motorcyclists of Tennessee to educate those who will enforce and prosecute under this new law. Talking with your local police, prosecutors and judges is the best way to make sure the authorities use the new law where applicable.
For further information on this and other Volunteer State legislation see the Statewatch section of www.AMADirectlink.com or CMT/ABATE of Tennessee, Inc’s. website www.cmtabate.com. 

    The US Federal Highway Administration has released a fact sheet that explores alternative methodological approaches for determining the relative risk of alcohol-impaired motorcycle riders being involved in a crash, and rider impairment at different blood alcohol concentration levels. For more information go to www.nhtsa.dot.gov. 

    The European Commission's proposal for a directive on infrastructure management (Directive) was rejected by the European Parliament. Parliament voted against a proposal aiming to save hundreds of lives per year on Europe's main road network.
    The Directive, warmly welcomed by road users including the Federation of European Motorcyclists Associations (FEMA), was aimed at providing Member States safety management procedures and guidance to ensure that safety is integrated in all phases of road planning, design, construction, operation & maintenance, and could indeed drastically reduce the number of road fatalities as well as helping meet the road safety targets set in 2001 (50% reduction of road casualties by 2010).
    During the last voting session of 5 June, the Transport Committee however rejected the Directive on Road Infrastructure Safety Management as a whole. Being described as "too bureaucratic" and "too costly", the directive was eventually judged "unnecessary"!

    Proposed cuts in the US Forest Service Recreation and Trails programs have been on the pages of News & Notes and other publications many times asking for your help. Well some of our collective hard work is beginning to pay off.
    On May 23rd, the House Appropriations Subcommittee on Interior, Environment, and Related Agencies, the subcommittee with jurisdiction over the Forest Service budget, recommended to the full committee a budget of $272 million for the Recreation program and $78.8 million for the Trails program. The President's budget submission called for a Recreation budget of only $231 million and a Trails budget of $66.4 million.
    This is a significant turn of events for our issues and riders should be pleased with this progress to date. However, we can't celebrate yet because the appropriations process if far from over so keep those calls and letters coming. We need to gain the approval of the full Appropriations Committee, the House of Representatives and the US Senate before the process is complete.

    Nevada AB-396 prohibits a homeowner's association ("common-interest community") from banning motorcycles from the community. However, the homeowner's association may still place "reasonable" restrictions on parking and storage of motorcycles. The legislation, which passed 42-0 in the Assembly and 19-2 in the Senate, became a state law that takes effect Oct. 1

    President George W. Bush recently announced his intention to nominate James Caswell as the next director of the Bureau of Land Management. Caswell currently serves as the director of the Idaho Office of Species Conservation, a position he was appointed to by then Idaho Governor Dirk Kempthorne, who is the current Secretary of the Department of the Interior. If Caswell is confirmed by the US Senate, he will again be reporting to Mr. Kempthorne.
    Mr. Caswell has the reputation of being a consensus builder. Those skills are going to be tested as he tries to balance the many competing demands and uses of BLM land.

    The US Consumer Product Safety Commission (CPSC) is warning consumers who own a Kazuma Meerkat 50 Youth All-Terrain Vehicle (ATV) that children are at severe risk of injury or death due to multiple safety defects with this off-road vehicle.
    The unusual warning -- which carries no legal weight -- was apparently issued because the CPSC lacks a quorum and currently has no authority to require companies to provide accident or injury information. The CPSC said Kazuma has refused to cooperate with its inquiry.
    The ATVs, which were imported by Kazuma Pacific Inc., of Stafford, Texas, were found to have several serious defects. The CPSC staff determined that the Meerkat 50 lacks front brakes, has no parking brake, is missing a neutral indicator light, and can be started in gear. Additionally, the owner's manual does not contain complete information on safe operation and maintenance of the ATV.
    The risk with these ATVs is severe because these vehicles are intended for children age 6 to 11. In many cases, youth riders are just learning how to operate an ATV and may not have the experience necessary to help them avoid hazards associated with this product's defects.

    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. 

    The Vietnam National Traffic Safety Committee and the Asian Injury Protection Fund (AIPF) began a program titled ‘Wear a helmet, no excuse’ with a safety appeal to motorcycle riders in Hanoi and Ho Chi Minh City. The traffic safety watchdogs and the United Nations celebrated the Global Road Safety Week by giving away hundreds of helmets for free and 10,000 others at discounts.
    Transport Minister Ho Nghia Dung said last week that the program would continue until the year-end since the government was considering a new compulsory helmet rule.
    Last year 14,000 people died and 30,000 others were injured in road accidents. Forty percent of those killed were youths.

    Transport for London (TfL) have been conducting monitored motorcycle access to bus lanes trials on three trial sites since 2002, but a draft version of an executive summary for their report suggested that the final conclusion might be that the results of the trial would be inconclusive. In trials carried out by Kingston and Westminster, Kingston had little negative feedback whereas Westminster had positive indications of casualty reductions, despite the trial only been operative for 9 months.

    The Motorcycle Riders Association of Australia (MRAA) recently requested VicRoads (Victoria’s Dept. of Transportation) to consider removing the metal “chevron” signs at roundabouts following the recent death of a rider at Braeside.
    MRAA stated that although VicRoads have agreed to examine alternative materials for these signs the possibility of further deaths and serious injuries will remain as long as they are left in place. They further stated that three deaths in a relatively short period have demonstrated the danger that these signs pose to riders.
    In response to material submitted by the MRAA to VicRoads, a trial of plastic signs will be conducted on the South Gippsland Highway. Additionally a VicRoads designer, who happens to be a motorcycle rider, has sourced three variants which will be incorporated as part of a trial.

    The All Terrain Vehicle Association of Minnesota (ATVAM) has joined a legal battle over vehicle-based recreation on the Superior National Forest in northern Minnesota. ATVAM, along with the BlueRibbon Coalition, moved to intervene in the case and was formally granted intervener status by a court order.
    The case involves a challenge to the Revised Forest Plan for Minnesota's Superior National Forest brought by the Sierra Club, Defenders of Wildlife and other organizations. Some of the claims in the complaint target the agency's vehicle planning, the inadequacy of the road and trail inventory and other baseline data used in adopting the Forest Plan, and the alleged deficient analysis of possible impacts to Canada lynx and gray wolf populations.

    One Maryland lawmaker, speaking about sportbikes, claims they are "wreaking a tremendous amount of havoc on our roadways," and says the state should consider banning the motorcycles from street use.
    "They are potential death machines in the wrong hands," says Delegate Bill Bronrott of Montgomery County. "I think we should look at the possibility of saying, ‘these are only intended for recreational use and should be used on race courses rather than on public highways."
    Delegate Bronrott says Maryland State Police are contacting jurisdictions around the country to see how they handle the motorcycles. He says Maryland needs to investigate whether higher penalties would reduce problems associated with the motorcycles and/or whether laws need to be changed.

    Oregon’s Legislature, which has been a battleground for OHV-related legislation in the current session, has proposed a compromise bill that is receiving wide spread support. Highlights include removal of all age based restrictions for ATV riders, rider fit guidelines (the nations first) for ATV’s, and new requirements for safety training classes. Senate Bill 101 would also require those riders under 16 years of age to be accompanied by an adult who is at least 18 years of age, can provide immediate assistance and direction, and has either a valid driver’s license or Class I ATV operators permit. The proposed penalty for a violation is a maximum fine of $180.
    A previously considered measure, Senate Bill 49, which included a provision to prohibit children under 12 from operating all OHV’s on public lands was defeated thanks in large part to the overwhelming opposition from the Oregon OHV community.