Virginia Freedom Riders :: Freedom Forums

karen · Easyrider Joined: 23 Jan 2009 Posts: 61

New York Freedom Riders New York Legislation and news -1/15/10

New York Legislation: no new updates.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS

Brief Review of Federal and State Definitions of the Terms “Gang,” “Gang Crime,” and “Gang Member” Updated December 2009 PDF 39 pages http://www.nationalgangcenter.gov/Content/Documents/Definitions.pdf
--------------------
Motorcyclist Advisory Council (MAC-FHWA)
Seventh Meeting Summary Report
November 5, 2009

Website: http://safety.fhwa.dot.gov/mac/mtgsums/2009/final110509/
PDF 29 pages: http://safety.fhwa.dot.gov/mac/mtgsums/2009/final110509/final110509.pdf
--------------------
Advocates for Highway & Auto Safety
THE 2010 ROADMAP TO STATE HIGHWAY SAFETY LAWS
PDF 58 pages: http://www.saferoads.org/files/file/Roadmap%20Report%20COMPLETE%20010510.pdf
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES:

Boston Noise Ordinance lawsuit update:
January 12, 2010
FYI

Today, the Court hear the City of Boston's Motion to Dismiss our Complaint to strike down the City's labeling Ordinance.

The case was transferred from Judge Hines to Judge Charles T. Spurlock.

The City presented its oral arguments why the Complaint should be dismissed, in essence claiming the City, under the Home Rule statutes, has a right to enact such regulations. The Judge asked them a few questions, cutting to the chase, . . . 1) is there is expiration period on the manufacture's assurances via the labels?; 2) can a motorcyclist be in compliance with state laws but not in compliance with Boston's ordinance?

Provanzano argued against dismissing the Complaint, reciting all the reasons in our brief, referencing the EPA limits, the glaring conflicts in the Ordinance vs. state statutes and requirements, etc.

We had Attorney Laurie McGhee enter her appearance for Vince, and she argued things Joe didn't.

She pointed out the City's differences in their brief vs. their oral argument, wherein the brief claims the Ordinance IS the same as the State Statute but in today's argument they acknowledged it is DIFFERENT (but they are allowed to be different under 'home rule.').

Laurie claimed a vehicle compliant with state statutes and regulations, including an inspection sticker, in Newburyport, Peabody, or Revere, and in every other city, town or other state, might not be compliant with Boston's, and that that interfere's with citizens rights to freely travel.

The Judge took the matter under advisement.

PC
[Paul Cotes]
--------------------
Myrtle Beach, SC lawsuit:
STATE SUPREME COURT
Wednesday, February 3, 2010
Hearing Time: 10:00 a.m.

Court hearing files -Courtesy of Jim Cannon, Director of the Virginia Coalition of Motorcyclists (VCOM), posted on ABATE of South Carolina website:

City of Myrtle Beach brief in the Supreme Court- helmet law case
http://abatesc.com/web/Latest/city-of-myrtle-beach-files-its-brief-in-the-supreme-court-helmet-law-case.html

Supreme Court Brief on Myrtle Beach Helmet Case- Tom McGrath's Motorcycle Law Group http://abatesc.com/web/Issues/supreme-court-brief-on-myrtle-beach-helmet-case.html

Tom McGrath was a guest on the BOLT Liberty Call-In Hour on January 12, 2010 explaining the case. The episode is archived and can be listened to at http://www.talkshoe.com/tc/66775
or the mp3 file can by downloaded directly from http://recordings.talkshoe.com/TC-66775/TS-310571.mp3
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEWS

www.ama-cycle.org/news/story.asp?id=1660

MIC asks for amendments to stop ban on youth motorcycles and ATVs Posted January 12, 2010

From a press release issued by the Motorcycle Industry Council...

IRVINE, Calif., Jan. 12, 2010 - The Motorcycle Industry Council today urged Chairman Inez Tenenbaum and the other members of the U.S. Consumer Product Safety Commission to recommend in its report to Congress on the Consumer Product Safety Improvement Act (CPSIA) an amendment that would end the current ban on youth powersports vehicles resulting from the law's lead content provisions.

As part of the legislation that funded the CPSC in 2010, Congress gave CPSC a deadline of Jan. 15 to submit suggested improvements to CPSIA to the Senate and House Appropriations Committees, the House Energy and Commerce Committee and the Senate Commerce, Science and Transportation Committee.

In a Jan. 12 letter, the MIC thanked the CPSC for its efforts to promote youth safety by implementing a temporary stay to make some youth vehicles available despite the ban. MIC also suggested three ways to completely or substantially exclude or exempt youth off-highway motorcycles and all-terrain vehicles from those provisions:

a "functional purpose" amendment
a categorical exemption, such as would be provided by H.R. 1587
a change in the definition of "accessibility" for powersports products
The entire MIC letter can be read at this link: http://www.mic.org/downloads/petitions/Letter%20to%20I.%20Tenenbaum%20-%2001-12-10.pdf

Even though the lead in metal parts of the vehicles do not pose a health hazard to youth riders, the CPSIA, as interpreted by CPSC, does not provide it with the flexibility it needs to grant an exclusion from the lead content limits. As a result, a CPSIA amendment is needed such as a "functional purpose" amendment proposed by Chairman Tenenbaum in response to an earlier Congressional inquiry.

MIC General Counsel Paul Vitrano stated in the letter: "Such an amendment should permit the Commission to grant exclusions for youth ATVs and motorcycles since lead in many accessible components is necessary for their functional purpose, contact with those components is infrequent and the elimination of lead is impracticable or impossible based on available scientific or technical information."

Other solutions include a categorical exemption, such as would be provided by H.R. 1587, a pending bill with 55 bi-partisan co-sponsors, or a change in the definition of "accessibility" for powersports products.

"Everyone agrees that the key to maintaining the safety of youth riders is for them to operate only appropriately sized vehicles," Vitrano added. "We are hopeful that CPSC's report to Congress will pave the way to legislation that will ensure youth motorcycles and ATVs remain available."

Vitrano said it will again be critical for enthusiasts and industry to mount a massive grassroots effort to advocate for one of these amendments to the CPSIA. For more information visit, www.stopthebannow.com .
--------------------

www.amadirectlink.com/news/story.asp?id=1674

U.S. Department of Defense engages Motorcycle Safety Foundation to conduct focus groups Posted January 14, 2010

From a press release issued by the Motorcycle Safety Foundation...

IRVINE, Calif., Jan. 14, 2010 - As the popularity of motorcycling and motorcycle registrations continues to rise among military service personnel, so does the number of fatal motorcycle crashes. That is why the Department of Defense (DoD) continues to seek out aggressive countermeasures in the campaign against two-wheel Private Motor Vehicle (PMV) mishaps among military personnel, and military sport bike riders in particular.

To that end, the DoD has engaged the Motorcycle Safety Foundation (MSF) to conduct four focus groups for the Defense Safety Oversight Council (DSOC) PMV Task Force. The focus groups will take place at different locations across the United States in close proximity to military installations. The participants will represent the dominant motorcycling culture in the military that is statistically at highest risk, primarily sport bike riders. Officers and commissioned personnel will be sampled separately to ensure that command structure perspectives are also considered. The initiative is being implemented through the National Defense Center for Energy and Environment (NDCEE), operated by Concurrent Technologies Corporation (CTC).

"This initiative falls in line with the PMV Task Force's strategic plan for the overall reduction of PMV mishaps across the Department of Defense," said Major General Fred Roggero, DSOC PMV Task Force Chair. "These focus groups have the potential to identify core issues, target initiatives and ultimately save lives."

In 2008, a small focus group was conducted by Al Hydeman, MSF's director, research, design and development, with service members who were sport bike riders.

"That focus group was successful in identifying the habits, behaviors and attitudes inherent to this population," said MG Roggero.

The projected team for the new series of focus groups will be led by Hydeman, and will include MSF's Director, Quality Assurance and Research, Dr. Sherry Williams and Quality Assurance Specialist, David Crouch. Building on the results from the 2008 effort, the MSF team will plan, coordinate and conduct the four focus groups in order to identify attitudes toward motorcycling and motorcycling peers, effectiveness of current countermeasures, barriers to change, and other relevant feedback.

"We're honored to be part of the Department of Defense's ongoing efforts to make motorcycle riding safer for military service personnel" said Hydeman. "Conducting focus groups is an effective way to get past the stereotypes and focus on core issues and solutions."

The project's expected outcome is to provide guidance to the DoD in identifying the most effective means of reducing military motorcyclist fatalities and mishaps for all branches of the service - through technology, education, enforcement, and other areas as illuminated by focus group participants.

The Motorcycle Safety Foundation promotes rider safety through rider training systems, operator licensing tests and public information programs. The MSF works with the federal government, state agencies, the military, and others to offer training for all skill levels so riders can enjoy a lifetime of safe, responsible motorcycling. Standards established by the MSF have been internationally recognized since 1973.

The MSF is a not-for-profit organization sponsored by BMW, BRP, Ducati, Harley-Davidson, Honda, Kawasaki, KTM, Piaggio, Suzuki, Triumph, Victory, and Yamaha. For RiderCourseSM locations, call (800) 446-9227 or visit www.msf-usa.org .

*********************************************
Visit our website for the full list of New York Legislation

www.newyorkfreedomriders.com
New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"