|
October
2006
The
American Motorcyclist Association (AMA) is hosting a Washington,
DC Ride Into Political Action seminar for motorcyclists who want to learn
how to influence governmental decisions, whether in Congress or in their
local communities.
The seminar, to be held February 24-27, 2007 at the
Phoenix Park Hotel in Washington, DC, allows participants to meet and
learn from the AMA's Washington staff as well as other political experts.
Besides learning about state and federal issues facing motorcyclists
today, participants will get tips on building relationships with
government agency officials and on lobbying elected officials. The
instructors will also prepare participants to meet face-to-face with
members of their own congressional delegations.
A registration form is available in the American
Motorcyclist magazine or by contacting Sharon Smolinka at the address
below. Mail the completed form to AMA, 13515 Yarmouth Drive, Pickerington,
OH 43147. For more information, contact Sharon Smolinka at (614) 856-1900,
ext. 1252 or by e-mail at ssmolinka@ama-cycle.org.
New York has enacted a law supporting the goals of the AMA's
Justice for All campaign. AB-4914, which was signed into law by Governor
George E. Pataki on August 16, authorizes mandatory revocation and
suspension of licenses and registrations when a motorist convicted of
violating another motorist's right-of-way causes serious physical injury
or death of another person. The new law also requires offenders to
participate in an accident-prevention course.
Individual leadership by Larry Schwartz, AMA District 3
President, AMA-PAC Chairman, and AMA Community Council leader, and Bob
"Prospector" Boellner, Vice President of ABATE of New York,
along with the activism of their state-level organizations, was
instrumental in the New York victory.
New York joins several other states in passing
legislation that supports the goals of Justice for All. A California bill
requiring additional penalties for right-of-way offenders, SB 1021,
recently passed the state legislature with overwhelming support and awaits
the governor's signature. For more information about the AMA's Justice for
All campaign, visit www.AMADirectlink.com/justice.
The American Motorcyclist Association (AMA), in light of recent
statistics showing an increase in motorcycle-related fatalities, has again
expressed its support for comprehensive nationwide research into the
causes of motorcycle crashes.
Motorcycle fatalities increased by 13 percent in 2005
over 2004, according to statistics released yesterday by the National
Highway Traffic Safety Administration (NHTSA). It was the eighth
consecutive annual increase in fatalities, after years of decline during
the 1990s.
The transportation bill passed last year by Congress
included funding for the first comprehensive study of the causes of
motorcycle crashes since the well-known Hurt report done in the late
1970s. The crash study will be conducted by the Oklahoma Transportation
Center, part of Oklahoma State University, and is expected to begin in
2007.
Clear
Creek Management Area (CCMA) off-highway vehicle (OHV) recreation
continues, without the cloud of litigation over the popular area, for the
first time in over eighteen months following the recent dismissal of a
lawsuit brought by the Center for Biological Diversity (CBD) and
California Native Plant Society. Managed by the Bureau of Land Management
(BLM), the CCMA has been under attack for several years by anti-access
groups seeking to close the popular off-road riding area, home of the
AMA-sanctioned Quicksilver Enduro.
The effort by motorized recreation interests
representing the Salinas Ramblers Motorcycle Club, the American
Motorcyclist Association District 36, the California Association of 4
Wheel Drive Clubs, the California Off Road Vehicle Association, the Off
Road Business Association and the BlueRibbon Coalition to intervene in
this case were instrumental in order to help to protect public access to
the CCMA. The suit, filed in Federal District Court in San Jose in
November 2004, threatened to eliminate most motorized use of the entire
area. The Plaintiffs filed numerous motions seeking immediate judicial
imposition of travel restrictions, none of which were granted.
Before and during the lawsuit the Bureau of Land
Management has been working on a travel management plan for the area. On
January 13, 2006, the Bureau of Land Management (BLM) released its Record
of Decision restricting vehicle travel in the CCMA to designated routes
and areas. Based largely on the issuance of this plan, the Plaintiffs
stipulated to dismissal of their suit, which the Court approved on August
3, 2006.
Crockett
County, Texas, near the town of Ozona, has acquired a 3,329 acre
parcel of land that the Texas Motorized Trails Coalition (TMTC) is
planning to develop into a public recreational park open to both motorized
and non-motorized users.
The TMTC already owns an 1800 acre park near Longview,
which is currently almost fully developed. The Barnwell Mountain
Recreational Area (BMRA) has over 120 miles of trail system, which is
marked and mapped, and rated as for degree of difficulty. The BMRA also
has restroom and shower facilities, RV and primitive camping, a pavilion,
an air station, food service and park managers that live on site.
The TMTC works closely with the Texas Parks and
Wildlife Department (TPWD), the US Fish and Wildlife Service and the Texas
Historical Commission to ensure that all environmental, biological and
cultural resources located on the property are identified and protected.
The TMTC is a non-profit, all volunteer, membership
based organization that was recognized in March of 2006 as the “State
Association of the Year” by the National Off Highway Vehicle
Conservation Council. The TMTC also works closely with the American
Motorcyclist Association, United Four Wheel Drive, SW Four Wheel Drive,
Tread Lightly! and the ATV Safety Institute.
Both of the TMTC’s property acquisitions were funded,
in large part, by the Recreational Trails Fund (RTF), a federal, pass
through, gas tax rebate program administrated by the TPWD. TPWD has also
recently instituted an Off Highway Vehicle (OHV) Sticker Program required
for use by OHV’s who utilize public lands or land purchased with grant
programs, both federal or state. Both of these programs are a substantial
step forward in the creation of public lands dedicated to OHV use in the
State of Texas and the TPWD/ TMTC land acquisitions are prime examples of
how the programs can be utilized.
For more information on these riding areas or TMTC go
to www.texasmotorizedtrails.com.
The California Air Resources Board
(CARB) recently became aware of the fact that some off-highway motorcycles
may have been inappropriately converted to street legal registration by
the Department of Motor Vehicles since new policies banning that practice
were adopted in 2004. In mid 2003, new policies were issued by the
Department of Motor Vehicles that blocked owner or dealer conversions of
off-highway motorcycles. This was in response to CARB requirements that
all street legal motorcycles must be certified by CARB that they meet
street legal motorcycle emission standards. DMV policies had historically
allowed conversions after appropriate lighting and safety equipment was
installed, but those policies had not been updated to reflect newer CARB
regulations adopted subsequent to the DMV policy development.
After discussions among the Off-Road Business
Association (ORBA), the American Motorcyclist Association (AMA), DMV and
CARB, a delayed implementation of the new policy until 1-31-04 was
adopted, allowing owners who had already purchased or ordered motorcycles
in good faith with the intent to utilize the existing DMV policy to
complete the conversion to street legal status. After 1-31-04, no
off-highway motorcycles were supposed to be converted and registered by
DMV.
Currently, DMV and CARB are auditing DMV records to
determine if off-highway motorcycles have been converted to street legal
status inappropriately since the 1-31-04 cut-off date. Preliminary
indications are that some motorcycles may have been inappropriately
converted, and a more detailed audit is underway to determine if that is
the case and if so, how many of them were done, and to whom they belong.
Owners of any off-highway motorcycles that are determined to be
inappropriately converted will be contacted by DMV by mail, informed their
street legal license plates are no longer valid, and offered the
opportunity to register the bikes as off-highway motorcycles.
The only motorcycles that are allowed to be street
registered are models that are certified by CARB as meeting highway
emission standards, those converted previous to the 1-31-04 deadline and
motorcycles of model year 1977 and older. Anyone who converted their
off-highway motorcycles to street legal status prior to the 1-31-04 date
will not be affected, and their current status will not change.
For those California residents interested in owning a
street legal motorcycle that performs well off-road, there are several
good options. Until now, there have been few options for those buyers, and
even those were not as desirable to some buyers as converting a lighter,
higher performance off-highway motorcycle. Fortunately, a few
manufacturers have responded by producing dual sport bikes that perform
well off-highway and are lighter than traditional dual sport models. It is
expected that other companies may follow this trend.
DMV registration procedures pertaining to off-highway
motorcycle conversions can be viewed at: http://www.arb.ca.gov/enf/advs/advs319.pdf.
AMA
Community Council – Walker County, AL founder Jamie Freeman is
now serving as 4-H's new ATV Coordinator for the State of Alabama. She
began work August 15. Jamie is an experienced ATV Safety Institute Rider
Course instructor, 4-H ATV Club Leader, and graduate of the AMA’s Ride
Into Political Action courses for both state and federal levels. She will
present school programs about ATV Safety and to help set up county and
regional 4-H ATV clubs. Jamie will also meet people who are members of
local ATV clubs and the Alabama Off-Highway Vehicle Association of which
she is also a founding member.
A
Santa Cruz County, California Superior Court judge ruled in
August that at least a dozen citations leveled against self-taught helmet
law activist Richard Quigley for not wearing a motorcycle helmet are
unconstitutional because the California Highway Patrol has failed to
properly define what constitutes a safe motorcycle helmet.
In his seven-page ruling, Judge Michael Barton sided
with Quigley, 61, of Aptos, whose argument in numerous court appearances
over the years is that his soft leather baseball cap is just as much a
helmet as the so-called standard hard-shelled helmets worn by most
motorcycle riders.
The California Highway Patrol must define what a helmet
is or any citations written by officers are unconstitutional, Barton
ruled. The interpretation of what constitutes a helmet, the judge wrote,
is unfairly left up to the CHP officer's "subjective opinion,"
and the set of guidelines and safety standards are "vague."
Quigley, who's been fighting the helmet law for years, since it first went
into effect, was elated at the judge's detailed clarification of a ruling
last month.
In July, Barton sided with Quigley and dismissed nine
helmet citations against him on the premise the law was too vague.
Recently, he dismissed the final two citations against Quigley, ruling
that "The CHP is the only state agency authorized by the statutes to
adopt reasonable regulations establishing specifications and standards for
motorcycle safety helmets. The CHP's failure to adopt such regulations,
and make them available to the public, has rendered the helmet law
statutes void for vagueness as applied."
The judge's order and its implications caught the
California Highway Patrol off guard, and the agency's general counsel was
seeking legal advice. Since the motorcycle helmet law went into effect,
Quigley said he has never paid any fines as a result of a citation.
Instead, he said, he has served hours of community work at the Santa Cruz
Law Library where he researched the case he has finally won.
Codorus
Township, York County, Pennsylvania riders and residents, nearly
one hundred strong, jammed the Township office to standing room only at
the July Supervisor's meeting because of the OHV ordinance that was on the
agenda. PaOHV, AMA, and the ATVA notified as many people as possible prior
to the meeting.
Dozens of residents were given the opportunity to speak
during public comment periods, and the resounding message was that they
did not want this ordinance in their township since it would severely
limit OHV operation on private property.
Township Supervisors countered that they have seen an
unacceptable level of complaints by farmers in this rural township of
people trespassing into planted fields on ATV's and destroying crops, that
many of the dirt roads in the township have been damaged by irresponsible
riding practices. The ordinance was an attempt to curb that problem
activity, but in the opinion of the residents in attendance, the ordinance
would not help control the problem activity. Instead, it only open the
door to harassment of the law abiding citizens and curb the healthy family
activity enjoyed by so many.
If you become aware of a proposed ordinance in your
township, municipality, county, or areas please contact the AMA through
our website www.AMADirectlink.com.
AMA
Government Relations News & Notes is a monthly service compiled
and edited by the AMA
Government Relations Staff to keep motorcyclists informed of happenings
around the world. We welcome
your news & views. Please submit all material to Terry Lee Cook,
Grassroots Manager,
13515 Yarmouth Drive, Pickerington, OH 43147; fax 614-856-1920 or e-mail
to tcook@ama-cycle.org. |
|