MASSACHUSETTS ENACTS RIDER TRAINING FOR JUNIOR MOTORCYCLISTS by Bill Bish

The Massachusetts Motorcycle Association (MMA) announces that Senate Bill 2344, dubbed Ryan’s Bill, an “Act relative to assuring that motorcyclists between the ages of 16 and 18 are provided with adequate education relative to the proper safety and operation of a motorcycle.” has been signed into law by Governor Deval Patrick.

Recognizing the additional burden formal training may require, MMA Legislative Director Rick Gleason states, “A weekend of formal training sets the stage for a lifetime of motorcycling enjoyment and the skills acquired through training can help a rider avoid a crash.”

This new law does not make training mandatory, and only affects those under 18 who wish to earn their motorcycle license.  MMA Chairman Dave Condon further clarifies that passage of Ryan’s Bill does not require a junior operator take a motorcycle training course.  "A motorcycle permit in this state is good for two years. Therefore, a junior motorcycle operator can still ride on his\her permit beyond their 18th birthday, and take the road test offered by the Registry of Motor Vehicles.” Condon further stated, "The MMA was very careful in not taking anyone's choice away or interfering with a parent’s right to decide what is best for their child." Condon also pointed out that current state regulations require 40+ hours of formal training before a Junior Operator may obtain a license to operate an automobile.

Motorcycle Rider Education Program (MREP) officials analyzed ten years of information from the Massachusetts RMV and found that just over 63% of those involved in fatal motorcycle accidents have never received any formal motorcycle rider training and 22.5% of motorcycle fatalities were from riders under the age of 21.

The MMA supported the legislation in honor of 16 year old Ryan Orcutt of Brockton who died in a motorcycle accident.

SAVING TIME CAN COST YOU MONEY by Bill Bish

In the current economic downturn, cash-strapped states across the U.S. are charging huge fines for speeding violations and other traffic infractions. All across America, legislators have one eye on road safety and the other on depleted coffers, and depending on where you live a speeding ticket can cost from under a hundred dollars to a couple thousand or more, reports AOL Autos.

 

Drivers caught speeding in the states of Georgia, Illinois, North Carolina, Nevada and New Hampshire all are liable to be fined up to $1000, at a judge's discretion, for a first-time speeding offense, according to the National Highway Traffic Safety Administration. The severity of the financial penalty also may depend upon the number of miles above the speed limit when clocked and the number of points on a driver's license, or if the offense occurred near a school or road works. A driver's license may also be suspended, their vehicle impounded, or they may face jail time. 

Some states including Michigan, Texas and New Jersey, operate under so-called "driver responsibility" laws, which, in some cases, can result in a further fine of up to $1000 leveled a year after the conviction. Virginia, which until 2008 had some of the strictest penalties for speeders, repealed its driver-responsibility laws last year after a public outcry. Georgia, meanwhile, has just voted to add $200 to the fine of what it terms "superspeeders," who travel more than 10 mph over the speed limit. Other states with fines of up to $500 -- which in many cases is then compounded with additional court fees -- include Maryland, Missouri and Oregon.

SOUND REASONING SILENCES N.H. NOISE ORDINANCE by Bill Bish AIM/NCOM

Although North Hampton, New Hampshire voters approved a noise ordinance in May that prohibits motorcycles without an EPA sticker from being operated or even parked in town, a lawyer for the federal agency has expressed that just because the U.S. Environmental Protection Agency requires a label on all motorcycle mufflers indicating the noise the vehicle produces does not exceed 80 decibels doesn't mean a municipality has the authority to enforce that noise level.

"The Noise Control Act (NCA), which authorizes EPA to enact noise control regulations, states that 'nothing in this section precludes or denies the right of any state or political subdivision thereof to establish and enforce controls on environmental noise,” wrote EPA Senior Assistant Regional Counsel Timothy Williamson in an Aug. 31 letter to North Hampton Town Administrator Steve Fournier. "However, neither does it grant localities any additional authority to control environmental noise beyond that available to them under state and local law."

"The ordinance basically bans motorcycles from the town if they do not have an EPA label on their exhaust system even though the motorcycles comply with the state's noise level limit of 106 decibels," said Seacoast Harley-Davidson in court papers challenging the new law.

Even the town’s own legal counsel has indicated the ordinance is unenforceable, saying that the state has already determined the appropriate noise levels for motorcycles and that the town, therefore, does not have the option of creating its own more restrictive noise ordinance.

That opinion was clearly reiterated in Williamson's letter on behalf of the EPA. "Thus, neither the NCA nor the regulations in Part 205 (of the EPA code) grant municipalities the authority to enact or enforce ordinances that supersede any limitations on their authority under state law," he wrote.

Town officials decided not to fight the Harley dealer’s request for a preliminary injunction against the enforcement of the noise ordinance. "The ordinance will remain unenforced until we have a hearing," Fournier said, indicating that the town’s new noise ordinance will not be enforced until after the judge issues a ruling on the matter.

MINNESOTA CLAIMS VICTORY FOR CUSTOM MOTORCYCLE BUILDERS by Bill Bish NCOM

The state patrol in Minnesota, like many other police agencies, use license plate scanners in their patrol cars that can read up to 1,000 plates per minute, but they are unable to read the vertical plates on some custom motorcycles. “It didn’t take too much to sneak a new law through and after the 2008 session vertical plates were illegal,” said Todd Riba, ABATE of MN Legislative Director, “but not for long.” ABATE of Minnesota’s lobbying team and State Coordinator started to work on the problem, and State Senators Amy Koch and Ray Vandeveer stepped forward to carry their bill. 

The state patrol didn’t want to give up its ability to read motorcycle plates, but ABATE didn’t want the custom bike folks to lose the right to trick out their rides. It took a lot of creative thinking to come up with a solution, but in the end that’s what happened. The bill passed and the Governor signed it into law, becoming effective August 1st. Here is how it works: the DVS will offer vertical reading license plates. You will be able to mount these plates in vertical license plate brackets and law enforcement’s scanners will still be able to read them. The plates can be ordered just like vanity plates and riders will have to pay an extra fee, but these new vertical reading plates should keep you out of trouble and if you sell the bike you can keep the plate for your next custom ride.

LOUD BIKES LOSE RIGHTS by Bill Bish - National Coalition of Motorcyclists (NCOM)

Another wonderful article by Bill Bish of National Coalition of Motorcyclists(NCOM).  They just won't leave us alone with our pipes.  We have to being to stand up for our rights because there are a lot more things these so-called politicians need to be worry about, for instance jobs, education, housing, etc.  Is it that serious that this may become a National issue?  I've said before and I will say it again "Loud Pipes Saves Lives & My Pipe Is My Voice!"

Municipalities from coast to coast are giving motorcycles the silent treatment, and riders rights groups and industry analysts fear that a wave of ordinances aimed at muffling noisy bikes will create a confusing patchwork of laws nationwide and could turn frustrated riders away from the $12 billion motorcycle marketplace. Laws restricting motorcycle noise have been around for years and come in many forms; some are against certain types of products such as a New York City ordinance that subjects riders to a minimum $400 ticket for having an exhaust system that can be heard within 200 feet, while others are aimed more at the intent of the operator such as a Lancaster, Penn., ordinance that makes it illegal for riders to over-rev their engines. 

In Denver, which passed a unique muffler law three years ago that requires EPA labeling to be displayed on pipes to prevent bikers from installing louder after-market exhausts, Aid to Injured Motorcyclists (A.I.M.) attorney Wade Eldridge was recently quoted in a local CBS-4 story investigating the controversial attempt to reduce noise emissions. Eldridge, who specializes in representing motorcycle riders in accident and insurance law cases and who is a rider himself, was quoted in the July 23rd interview as saying: “I think it (the Denver loud noise law) was something the city council passed that they knew was unenforceable,” and suggested that to fight back “those who receive tickets should demand trials.” Though rarely enforced since Eldridge won a key case against the Denver noise ordinance, with only 46 tickets handed out to date, police in Golden citing state law have issued 81 noise violations in the last 6 months. 

The city is using a Colorado state statute, C.R.S. 42-4-225 that requires that vehicles be equipped with an “adequate” muffler, and outlaws any “excessive or unusual” noise. According to Eldridge, "the law lends itself to arbitrary and discriminatory enforcement -- the police can stop you for whatever reason." “The powers that be in the City of Golden have apparently made a political decision that they don’t want us in their city,” observed Eldridge, adding that; “The police department will continue stopping us, and writing these tickets, until enough people PLEAD NOT GUILTY AND INSIST ON A TRIAL… when the court is backlogged with these cases, we will see some official pressure to stop them.” In the meantime, further information on fighting such tickets can be found on the website of the Colorado Confederation of Clubs (www.colorado-coc.com), of which Eldridge serves as legal counsel.

MYRTLE BEACH SUED AGAIN OVER NOISE LAW-- compiled and edited by Bill Bish - JULY 2010 National Coalition of Motorcyclists (NCOM)

As Myrtle Beach prepares to adjust some of the 14 ordinances passed in 2008 to quell the May motorcycle rallies, including their city-wide helmet law and four other ordinances being invalidated by the state’s high court, it faces yet another legal challenge that could require even more changes. Some residents and other motorcycle enthusiasts are suing the city again, this time hoping the Horry County Circuit Court will overturn the city's noise ordinance. Under the final version of the noise ordinance amendment, which gained final approval in March 2009, no vehicles except emergency vehicles can be louder than 89 decibels when measured from 20 inches away from the exhaust pipe, at a 45-degree angle, while the vehicle is idling. 

Bikers also must have an EPA issued sticker that state their bike meets federal noise reduction laws according to the municipal ordinance, but not South Carolina state law. On June 15th, Virginia-based Aid to Injured Motorcyclists (A.I.M.) attorney Tom McGrath filed suit in Horry County Circuit Court on behalf of local motel owner William O’Day, Horry County ABATE, and others who feel the city overstepped their authority in enacting muffler regulations that conflict with existing state law. McGrath's challenge to the city's helmet ordinance prevailed in the S.C. Supreme Court, with all five justices unanimously agreeing that the state has already covered the issue of who has to wear motorcycle helmets and that the city could not make its own rules because there must be a uniform traffic code. 

The noise ordinance wasn't included in the case the high court recently ruled on, he said, because the focus was on the helmet law. "They were issuing tickets left and right [under the helmet law]," he said. "No one we know had gotten a ticket under the noise ordinance. It's still sitting there, and the city has bought decibel meters, so we assume they are planning to use them. We felt we shouldn't let the ordinance stay on the books." McGrath said he felt it best to give the Circuit Court the first chance to make the decision in this case. "Let's see if the judge will follow the Supreme Court's opinion," he told the Sun News. Meanwhile, the city of Myrtle Beach has mailed out refunds to those who paid fines when they received tickets for not wearing motorcycle helmets. The city repaid nearly $14,000 in fines for 141 tickets it issued when the improper helmet law was in effect.