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The following was shared with us at the March meeting by a ABATE Ohio member visiting.

IF YOU RIDE YOU NEED TO KNOW!
Talking Points on Possible Legislative Action Items for the 110th United States Congress

1. Mandatory Helmets

A.        With the recent change in control of both Federal Houses (Senate and House of Reps) several enemies of “Freedom of Choice” will be taking positions of power (in, Committee Chairmanships, etc) that will now allow them to pursue THEIR agenda. One of our most outspoken opponents, U.S. Senator Frank Lautenberg (D-NJ) is to be the new committee chair for the Senate Highway Subcommittee that oversees “MOTORCYCLE SAFETY”, among other interests. He attempted to have a mandatory helmet amendment inserted into the last Fed Highway bill and also authored a letter, in September 2006 to all 50 Governors offering to help them pass or strengthen their state helmet laws.
B.        Many riders in states with mandatory helmet laws have opted to wear the Non-compliant or “novelty” helmets. This option will no longer be available if new or re-enforced helmet laws are enacted.


2. Mandatory Clothing

A.      ALL clothing sold in America would be required to meet the “CE” (Clothing European) standards currently used in Europe. This is a double-edged sword. While the standards do require that motorcycle clothing be built so as to provide a serious level of protection fur the rider, which is a good thing, they also have specs on “reflection” and “visibility”. This means that even a black jacket must have material in place that would make a motorcyclist or his passenger highly visible both day and night
B.      With the development of an airbag system by Honda (currently offered as an option on the Gold Wing) discussion has begun on how to bring this “magic bullet of motorcycle safety” to ALL motorcyclists. Discussions have begun on considering a legislative effort to require ALL
motorcycle manufacturers to build this technology into their motorcycles. Also, so as to avoid a ‘grandfather clause” situation, discussions have also begun on requiring ALL motorcyclists to obtain an “airbag vest” (which was demonstrated at the National Transportation Safety Board (NTSB) Motorcycle Safety Seminar in September 2006). These vests do not allow for a person to sew am’ type of personal statements or affiliations on them! This should be of great interest to motorcyclists that belong to organized riding clubs. (ie, NO COLORS) Mandating reflectorized vests such as are currently required on military installations were also discussed.


3. Graduated Licensing

A.        This proposal was much discussed at the NTSB seminar. The most terrible thing about it is how easily we ALL would accept it!  We have all seen incidences of sport riders “tricking” on their bikes and, when queried about it. even hardcore bikers have agreed that this type of behavior could be curtailed if a system were in place that prevent young riders from being able to purchase large cc street bikes. “Graduated Licensing” is the system most discussed.
B.        In a graduated or “tiered” licensing system a rider must first pass a “permit” test and then he would be allowed to enter a certified rider-training program. After passing the program the new rider would then be allowed to purchase and operate a small. “entry level” (the number most usually proposed is 250cc or less) motorcycle. A rider will go through this process in several stages over MANY years before he will be able to reach the “unlimited” cc category. Once one reaches the unlimited class that rider would have to regularly update his skills through ongoing training and prove his continued proficiency by means of regular testing. If a rider fails to maintain his skills or does not pass a required test he would then have to start from the BEGINNING. Also, for those of you that believe you’d be safe from these requirements because you already have a full license, think again. You would also be required to take ongoing training and testing and if you fail ……….! The associated REQUIRED costs of this process; ie. the costs of purchasing new motorcycles each time you advance to a higher level of proficiency paying for the required training, seriously increased insurance costs (especially for the “novice and “advanced” riders) would be considerable. This method of licensing would effectively limit many people from ever being able to even ride a motorcycle as it “prices” motorcycling riding right out of reach of your average citizen.

4. Other Restrictive Proposals

A.        You might think that you could beat some of the costs involved in the proposals listed in Paragraph 3 by purchasing used motorcycles and maintaining them yourselves. Ways of addressing these issues were discussed at the NTSB. Introducing “End of Life laws were discussed. These types of laws set a finite time limit on how long a vehicle would be considered ‘usable”. Upon reaching that time limit a vehicle would be required to be taken out of active service (the word “recycled” was used a LOT). The time limit that seemed to have the most support was around 5 years!
B.        Also discussed were laws that would require motorcycle manufacture to build bikes with ‘anti-tampering” systems in place. This would prevent the end user (that’s YOU) from “tinkering” with the motorcycle. It would also require that ANY maintenance that was to be performed on the motorcycle would have to be performed at a dealer or manufacturer’s certified shop!
C.        Finally, discussion occurred on EPA related items. This included stronger emissions standards, stricter materials standards and other, costly requirements.

5. Conclusion

A.        Your freedoms and rights, through stricter helmet laws and licensing requirements will be reduced.
B.        The costs associated with participating in motorcycling will become out
of reach of the average rider.
C.        What does this all boil down to? The end of
motorcycling, plain
and simple.


This material is provided by:
“Hairy”
Georce Nitasky
Legislative Director/Agent
ABATE of Ohio. Incorporated
It is copyrighted material but may be freely recopied and distributed with the above attribution included and intact.

 


UPDATE:  SB 2670  Motorcycle Riders/Medical Insurance Coverage was brought forward in the Senate Transportation Committee by Senator Constantine despite not having a corresponding bill in the House.  This was an attempt to force motorcyclists who do not wear helmets to carry  $50,000 insurance coverage.  Your lobbyist spoke against this legislation on our behalf.  The lobbyist for the Dealers Association spoke in favor of the bill, noting that all dealers and all of the manufacturers were in support of this legislation.  It is our belief that statement was misleading and while misinformation from this lobbyist to the Dealer Association office may have resulted in their response, we are in disbelief that all of the dealers in Florida are prepared to take this stance, nor do we believe the manufacturers have either.  There will be more on this later, for now your lobbyist feels like we have dealt with this effectively in committee.

FEDERAL
H-1076 / S-0616
HIPAA Recreational Injury Technical Correction Act

Fuller Information on site

 http://www.floridabikerrights.com/NatH1076S0616/nat-h1076s0616_info.htm

 

House Bill 1076               Senate Bill 0616

Ask Law-Makers to Support Your Insurance Coverage Rights

Basic Description:

HIPAA Recreational Injury Technical Correction Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit a group health plan or health insurance issuer offering group health coverage from denying benefits or coverage otherwise provided under the plan for the treatment of an injury solely because it resulted from participation in a legal mode of transportation or recreational activity.

In basic terms is closes an existing loophole that allows group medical insurance companies to deny coverage on injuries related to the use of "recreational vehicles, including motorcycles.


ABATE of Florida, Inc. does not condone drinking and driving

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