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New York Freedom Riders :: Start your own casino flash php

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New York Freedom Riders :: NY Legislation/news- 7/16/10

Author: karen
Subject: NY Legislation/news- 7/16/10
Posted: Fri Jul 16, 2010 4:59 pm (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -7/16/10

NEW YORK LEGISLATION UPDATES:
Helmet, Motorcycle, Gang, Rights: no updates
----------------------------
New York News

New York Motorcycle & Scooter Task Force- http://www.nymstf.org/News.asp

July 16 2010
Yet more improper tickets, now equipment related.

Noticing a trend here? We have been informed of many tickets being issued in NYC for Violation Code 71, "Inspection Sticker Missing", when the sticker is present and current but not located on the lower section of the motorcycle's fork leg. If you received such a summons in NY, your rights have been violated.

NYS Vehicle & Traffic Law � 306 (b) states: "No motor vehicle shall be operated or parked on the public highways of this state unless a certificate or certificates of inspection, as required by this article, is or are displayed upon the vehicle or affixed to the registration certificate for the vehicle as may be determined by the commissioner." The Commissioner in NYCRR � 79.20 (c) (6) (i) (g) which governs the application of inspection certificates to motorcycles instructs: "affix the motorcycle inspection certificate to a permanent structural member on the left front side of the motorcycle visible when approaching the vehicle from the operator's left." The regulation used to require placement on the left lower fork leg but that was amended back in 2003.

Document and fight those summonses, complain by certified mail to the NYC Department of Finance and the NYPD Traffic Control Division, and submit your complaint to the NYC Civilian Complaint Review Board as well. The CCRB conveniently accepts complaints by mail, phone and web.

We're not done yet. We were recently shown this document called "Taking the Mystery Out of Motorcycle Enforcement" (PDF, 2MB)
http://www.nymstf.org/NYS_MC_Training_2010.pdf
which was published by the New York State Police. In that document NYCRR Section 54.11 (Eye Protection) is mis-quoted, and the document insists that compliant eyewear "will have �Z87� on the frames and lenses." This is in direct conflict with ANSI Z87-1989 which only requires a manufacturer's logo on the lenses, and still in direct conflict with ANSI Z87-2003 which requires the Z87 marking on lenses of goggles and face shields but not on the lenses of spectacles. Since neither version of the Z87 spec requires markings indicating the version (year) of compliance, law enforcement cannot rely on lens markings of eyewear of any kind, for determining ANSI Z87 compliance.

The abovementioned document also includes a letter from the NYS DMV's Technical Services Bureau stating that the inspection stickers may be affixed to plates bolted to the front left side of a motorcycle.
--------------------------------
www.saratogian.com/articles/2010/07/13/news/doc4c3cb2f147ed7190792851.txt

Police: Majority of tickets in Saratoga Springs motorcycle crackdown issued for unsafe helmets
Published: Tuesday, July 13, 2010

By EMILY DONOHUE
The Saratogian

SARATOGA SPRINGS � Safety was on the minds of city and state police officers as they conducted a motorcycle checkpoint in front of Congress Park on Broadway last week.

The five-hour checkpoint on Friday resulted in 27 traffic tickets being issued, most for illegal helmets, state police said Tuesday.

State Police Sgt. Dan Larkin said that for years, as deaths from car crashes steadily decreased, fatal motorcycle crashes were on the increase.

Larkin said that disturbing trend can be attributed to unsafe helmets and driver inexperience.

Head injuries are the leading cause of death in motorcycle crashes and motorcyclists are 37 times more likely to die in a crash than people in cars.

Motorcyclists must wear helmets rated by the state as �highway safe,� though Larkin said recent years have seen a proliferation of so-called �novelty helmets� that are little more than a piece of plastic and offer no real protection.

�Given that (motorcyclists�) fatal stats are off the chart, we felt we were certainly justified in doing this. We need to focus on their safety and we�re doing this for their safety,� Larkin said.

Tickets were also issued for unsafe lighting and tires as well as illegal exhaust systems. Any exhaust system that is louder than the original equipment is illegal.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES

Colorado
www.reporterherald.com/news_story.asp?ID=28774
Publish Date: 7/15/2010

Officials tackle bike noise
Larimer Sheriff�s Office, county commissioners wrestle with ways to handle residents� complaints

By Jackie Hutchins
Loveland Reporter-Herald
The Larimer County Sheriff�s Office gets many complaints about noisy motorcycles, particularly in the spring and summer.

�I�m sure all of the commissioners have received complaints over the years about loud motorcycles,� Sheriff Jim Alderden said at a work session Wednesday when department officials met with the county commissioners to discuss how they�re handling them.

Commissioner Lew Gaiter had received a suggestion from a resident that the county adopt a process used in Denver that requires motorcycles to have a sticker indicating that they have exhaust systems approved by the Environmental Protection Agency.

But the commissioners and sheriff�s staff members weren�t convinced the system would be more effective than the current noise ordinance, and they noted it could hurt motorcycle customizing businesses.

Alderden and Cpl. Nelson Sanderson both said many of the motorcycles that people complain about don�t exceed allowable noise levels.

Alderden noted that the ordinance says sound cannot exceed set limits for more than 15 minutes out of an hour, but often motorcycles make a loud but brief blast of noise that would not be illegal.

The department wrote only a handful of tickets to riders of loud motorcycles last year, Sanderson said.

Additionally, the testing to determine just how loud they are can be difficult and can take time away from higher law enforcement priorities, he said.

The officers want to focus on traffic offenses that are life-threatening, Sanderson added.

He noted that there�s a belief among many bikers that �loud bikes save lives,� so many riders get custom mufflers that are designed to make their bikes louder.

Sanderson said EPA-approved mufflers have a stamp on them that officers can check, but a sticker system like Denver uses could make it easier for officers to tell if a muffler is acceptable because they wouldn�t have to turn the bike on its side to see the stamp.

However, commissioners had questions about creating a system to check mufflers and give stickers.

The sticker system also would not help with people from other counties riding through Larimer County.

Steve Johnson, chairman of the Board of County Commissioners, said he would like to hear from the motorcycle community before making any changes to the current rules. �I need more information.�

But given the county�s limited resources, the Sheriff�s Office needs to set priorities on how best to use its staff, Johnson added.

�There are problems that are more pressing. I want you guys keeping the roads safe,� he said.

Commissioner Lew Gaiter said he didn�t want to make any changes that would hurt custom motorcycle businesses.

�I don�t have a problem with enforcing the statutes. I do have a problem putting an industry out of business,� he said.

� Copyright 2010 Loveland Publishing Co. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
------------------------------
Kansas

www.kake.com/news/headlines/98207934.html?ref=934
Petition Calls For End To Cassoday Motorcycle Rally
.
Reporter: Jared Cerullo
Email Address: jared.cerullo@kake.com
July 11, 2010

The largest motorcycle rally in Kansas may have a short future as a petition is circulating the town of Cassoday to end that monthly event. What started as a small group of bikers meeting for breakfast once a month has grown from cycle to cycle and some people in the town say the rally has grown too big.

It may be known as the prairie chicken capital of the world, but on the first Sunday of every month during the spring and summer, this little town of no more than a hundred people explodes with thousands of motorcycles.

VROOM! It's the sound of money to a lot of people in Cassoday, but for others it's a huge nuisance and an invasion of privacy. The issue has divided the small town just off the Kansas Turnpike in Butler County.

"I don't think anybody in town is mad at motorcycles," explained Brett Nelson. "It wouldn't matter if there was horseback (riders) or model A's. It really wouldn't matter. This is an issue of privacy. I know the people come to this town because they want to get away from it all. Well that's the same reason we live here."

Others have built businesses around the rally and say the monthly event draws huge revenue not only for their community, but in state sales tax. School groups often hold fundraisers in Cassoday to coincide with the rally.

"With all these motorcycles showing up month after month, I decided it was time to get busy," said Dave Solliday, who owns a bed and breakfast in Cassoday. "They were coming right here to my doorstep, so I capitalized on it."

Others say the quiet streets and small town of Cassoday can't handle the sheer volume of people that show up. Several rallies have drawn more than 5,000 people.

"If they just came to eat... that was the whole idea for starting motorcycle Sunday," said Ron Wells, who signed the petition. "It was a bunch of bikers to come up and eat breakfast, but it's turned into more of a zoo, more than anything else."

Some residents say the bikes park on their property, blocking in their vehicles. The petition claims others have had problems with people urinating on their land.

"I've only had a couple people say stuff," said Cassoday city council member Loree Solliday. "We're trying to deal with that by making signs that say don't trespass on this property. All you can do is try to keep that from happening."

Wednesday's city council meeting is scheduled for 7:30 at the city hall building in Cassoday, but the meeting may have to be moved to the grade school to handle the expected crowd.
----------------------------------
Massachusetts

www.massmotorcycle.org/content.aspx?page_id=5&club_id=769540&item_id=13823
Wednesday, July 14, 2010
FOR IMMEDIATE RELEASE

MMA Information Update - AGO Rejects Falmouth Town Warrant regarding Motorcycle Sound Enforcement

The Massachusetts Motorcycle Association is pleased to announce to its membership that the Massachusetts Attorney General�s Office has denied the recent Town of Falmouth Noise Ordinance concerning increasing penalties pertaining to sound emissions from Motorcycles.

In early April, Falmouth heard numerous warrants in their annual town meeting across 3 nights, and hastily enacted a �Loud Vehicles ByLaw� as written in Article 25 of the Town Meeting Warrant. The very limited number of motorcyclists in attendance were unable to fend off the adoption of this Bylaw which lifts verbiage directly from Massachusetts General Law Chapter 90, Section 16 (90-16) and increased the fines while in the process.

Realizing that the ordinance could not become law without approval by the Massachusetts Attorney General�s Office (AGO), the MMA next took its case directly to that office re-stating its opposition to this legislation due to the subjective nature used to decide if your motorcycle is legal and the various other elements of conflict with the MGL.

After significant review by the AGO denied the bylaw amendment for all the reasons previously argued by the MMA and its members who were in attendance at the town meeting.

The MMA expresses its appreciation to the riders of Falmouth who were vigilant in their opposition, and to the Attorney General�s Office for their extreme diligence and careful review of the facts.

The MMA also extends its request to its members and all Motorcyclists to ride with respect in local communities by ensuring they are riding with mufflers pursuant to the MGL and are keeping the throttle down.

For More Information, see http://www.massmotorcycle.org or contact LegislativeDirector@MassMotorcycle.org

###
------------------------------------
New Hampshire

www.seacoastonline.com/apps/pbcs.dll/article?AID=/20100716/NEWS/7160397/-1/NEWSMAP

Deadline passes, noise ordinance not being enforced
Town awaiting answer from EPA regional attorneys
By Shir Haberman
news@seacoastonline.com
July 16, 2010 2:00 AM

NORTH HAMPTON � When voters passed the town's new motorcycle noise ordinance, officials were given 60 days in which to iron out any problems with enforcing it. As of today, 66 days have passed since the May 11 town elections and the Select Board has made no decision concerning whether the law can be enforced.

"For the time being, the chief's position stands," Town Administrator Steve Fournier said.

Fournier was referring to Police Chief Brian Page's adamant stand against enforcement of the ordinance.

"It's not that I don't want to enforce it," Page said. "It's that I can't. It's illegal."

Fournier said the town is currently waiting for an answer from the EPA's regional attorneys concerning the ability of the town to enforce the ordinance, which calls for any motorcycle parked or ridden in North Hampton to have a valid EPA label on its muffler indicating the equipment produces only 80 decibels. The state allows motorcycle exhaust systems to put out up to 108 decibels.

An idea to ask a Rockingham County Superior Court judge to rule on whether the ordinance can be legally enforced has been dropped, Fournier said.

"We can't go to court until we're sued (over a summons issued under the new noise ordinance)," he said.

Meanwhile, Page is planning to continue to do what he has been doing to decrease the problem with noisy motorcycles. He said he will be joining with area and state police departments in conducting official motorcycle checks in Seacoast towns.

"I'm just finalizing the date of the first one," the chief said this week.

The chief's position has been supported by three legal opinions secured by the town.

Opinions obtained from the town's legal counsel, Upton & Hatfield of Concord, Rockingham County Attorney James Reams and the Local Government Center of Concord, the organization that indemnifies the town against lawsuits, were presented to the Select Board in June.

"I feel that this petitioned ordinance is not legally enforceable because it exceeds the authority granted to municipalities under the controlling federal law," wrote Matthew Serge of Upton & Hatfield in a May 13 letter to Fournier.

Reams concluded the state has jurisdiction over motorcycle noise, not individual communities.

"The state has a comprehensive system for regulating motor vehicles, and I don't think that (state law) RSA 31:39, Section (n), is intended to leave that area of regulation to the town," the county attorney wrote in a May 13 letter to Page.

Kimberly Hallquist, a staff attorney with the LGC, in a letter written to Fournier dated May 28, indicated the ordinance as written actually has little to do with the noise a motorcycle makes.

"The ordinance in question is likely invalid in that it does not have a clear relation to promoting the public interest of lower noise levels or meet in an appreciable manner any relation to controlling noise," Hallquist wrote. "In the ordinance as adopted, the actual noise level of the vehicle is immaterial to whether or not a violation exists."
---------------------------------------------------
South Carolina

ABATE of South Carolina: http://abatesc.org/web/

Tom McGrath's Motorcycle Law Group: Myrtle Beach Part 2 Wednesday at 12:53pm

On Tuesday June 15 The Law Offices of Tom McGrath filed suit in Horry County South Carolina asking the Court to find an ordinance enacted by the City of Myrtle Beach South Carolina unconstitutional and therefore invalid. This ordinance was enacted for the sole purpose of driving motorcyclists out of Myrtle Beach. The plaintiff's in the law suit are numerous residents of the City of Myrtle Beach as well as ABATE of South Carolina, Inc. and ABATE of South Carolina, Inc., Horry County Chapter.

You may be asking yourself why are filing suit when we, with the help and sacrifice of many dedicated riders, already succeeded in overturning the helmet ordinance along with other anti-motorcycling ordinances. The ordinance which is the focus of this suit has nothing to do with helmets. Myrtle Beach also enacted its very own exhaust ordinance.

Under South Carolina State law, you must have an exhaust system in good working order so as to prevent excessive noise or smoke. Apparently the Myrtle Beach City Council felt that it was better equipped to determine the type of equipment one should operate on the roadways and therefore passed their own ordinance. Under their ordinance any motor vehicle operated within the City of Myrtle Beach may not have a measured noise level exceeding 89 decibels when measured twenty inches from the exhaust pipe at a 45 degree angle while the engine is operating at idle. Additionally, every motorcycle (not every motor vehicle) which was manufactured after 1982 operated within the city limits must have an exhaust system bearing an EPA label showing compliance applicable to the motorcycle's model year, as set out in Code of Federal Regulations Title 40, Volume 24, Part 205, Subpart D and Subpart E. Neither of the above requirements appear anywhere in South Carolina State Code.

This brings us to the reason we filed suit. This ordinance, like the prior ones, is aimed at driving motorcyclists out of the City. It is also illegal. A quick review of the South Carolina Supreme Court�s language in our previous case clearly demonstrates that the exhaust ordinance is unlawful.

�Were local authorities allowed to enforce individual helmet ordinances, riders would need to familiarize themselves with the various ordinances in advance of a trip, so as to ensure compliance. Riders opting not to wear helmets or eyewear in other areas of the state would be obliged to carry the equipment with them if they intended to pass through a city with a helmet ordinance. Moreover, local authorities might enact ordinances imposing additional and even conflicting equipment requirements. Such burdens would unduly limit a citizen's freedom of movement throughout the State. Consequently, the Helmet Ordinance must fail under the doctrine of implied preemption.� Aakjer et al v. City of Myrtle Beach, ___ S.C. ___ (2010)

The danger that was described by the Supreme Court in Aakjer is present in the Myrtle Beach exhaust ordinance. If the court found that having to carry a helmet with you as you travel throughout South Carolina unduly limits a citizen�s freedom of movement throughout the State then surely having to carry an extra exhaust system which complies with the laws of Myrtle Beach must clearly unduly limit a citizens freedom of movement throughout the State. If Myrtle Beach were allowed to set its own equipment standards then in essence the locality with the strictest equipment laws becomes the law throughout the State of South Carolina. Why have a state legislature if localities are free to regulate all citizens in that manner? What would stop a locality from deciding the type of tires you may use in their city? What would stop a county from deciding the type of lights you may have on your vehicle?

At the end of the day this is another attempt by Myrtle Beach to use the legislative process to reduce or eliminate motorcyclists with their city. We as motorcyclists must not allow that to happen because if they can do it in Myrtle Beach then they can do it anywhere throughout the United States. That is why we have filed suit again and that is why we will not abandon this fight for the rights of all riders.

For additional news and information of concern to motorcyclists feel free to visit our website at motorcyclelawgroup.com.

If you have any further questions or comments concerning this article or any other matters concerning your rights as a motorcyclist please contact me at 1-800-321-8968 or at matt@motorcyclelawgroup.com

Matt Danielson
Tom McGrath�s Motorcycle Law Group
1-800-321-8968
www.motorcyclelawgroup.com
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS

Motorcycle Crash Causes and Outcomes: Pilot Study
DOT HS 811 280
June 2010

PDF 233 pages: http://www.nhtsa.gov/staticfiles/nti/pdf/811280.pdf

16. Abstract The number of motorcyclist crash-related fatalities has more than doubled during the past 10 years. In the Safe, Account�able, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) P.L. 109-59, Congress directed the Secretary of Transportation to conduct a comprehensive study of the causes of motorcycle crashes. In anticipation of this mandate, the National Highway Traffic Safety Administration awarded a contract to conduct a Pilot Study to devel�op and test a methodology for in-depth motorcycle crash investigation. Using a protocol developed by the Organization for Economic Cooperation and Development for a multination European study as a guide, the contract had four main goals: (1) develop comprehensive data collection forms, a coding manual, and field protocol for crash investigations; (2) develop data collection forms, a coding manual, and field protocol for the collection of control group data; (3) develop training material that can be used for a future larger scale study; and (4) assess the levels of effort and resources required for each stage of an investigation so that more accurate plans can be made for the future study. This report describes the process used to develop the data collection methods and tools, conduct data collection, and evaluate the results. In addi�tion, it provides estimates of the average cost of completing an in-depth investigation, including the related dropped cas�es and control group data. Recommendations for modifications to the data forms, coding manuals, training material, and database are included.

****************************************************************************
If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

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

New York Freedom Riders :: NY Legislation/news- 7/9/10

Author: karen
Subject: NY Legislation/news- 7/9/10
Posted: Fri Jul 09, 2010 4:15 pm (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -7/9/10
NEW YORK LEGISLATION UPDATES:
Helmet, Motorcycle, Gang, Rights: no updates
----------------------------
New York News

IMMEDIATE RELEASE
New York Freedom Riders
www.newyorkfreedomriders.com
July 7, 2010

New York State Law Enforcement Being Deceitful on Motorcycle Eyewear

The New York State Police, in partnership with the Governor�s Traffic Safety Committee and New York�s Traffic Safety Partners, are improperly training local law enforcement on motorcycle laws. In their presentation titled �Taking the Mystery Out of Motorcycle Enforcement� they covered eyewear, legal application of an inspection sticker, handle bar height, helmets, exhaust pipes, tires, lights and plates. [1]

In the section of the presentation that covered proper eye protection, it states; �For enforcement purposes, eyewear that meets this newly adopted ANSI standard will have �Z87� on the frames and lenses.� State law reads as follows: �Eye protection [(a)] A motorcyclist may use any eye protection device that has been manufactured in conformity with the American National Standard Institute�s Z87.1 standard �Occupational and Educational Personnel Eye and Face Protection Devices.� A motorcyclist may not operate a motorcycle unless he or she is wearing such eye protection.� [2]

New York State local law enforcement is being trained that the only legal eye protection allowed must have �Z87� on the frames and the lenses. This is a deliberate falsehood. State law provides that any eye protection that has been manufactured in conformity with the American National Standard Institute�s Z 87.1 is legal in New York State. Past standard regulations required eye protection to have �Z87� on the frames only, meaning earlier models of legal eye protection continue to be legal.[3] Any law enforcement personnel that states you must have �Z87� on the frames and on the lenses is wrong and is deliberately misinforming you and the public.

We remind all motorcyclists that if any law enforcement personal asks to inspect your eye protection, as with the helmet, you request a search warrant.

New York Freedom Riders insist that New York State Law Enforcement cease illegally pulling over motorcyclists just to enforce eye protection regulations that they know are not in accordance with state law. Such actions are, in-and-of themselves, illegal and should be prosecuted to the full extent of the law.

For further information visit our website at: www.newyorkfreedomriders.com or email us at: nyfreedomriders@localnet.com .

1. http://www.newyorkfreedomriders.com/doc/NYS%20MC_Training_2010(3).pdf
2. http://weblinks.westlaw.com/result/default.aspx?cnt=Document&db=NY-CRR-F-TOC%3BTOCDUMMY&docname=342049540&findtype=W&fn=_top&ifm=NotSet&pbc=4BF3FCBE&rlt=CLID_FQRLT37930291767&rp=%2FSearch%2Fdefault.wl&rs=WEBL10.06&service=Find&spa=nycrr-1000&vr=2.0
3. http://www.tasco-safety.com/sglasses/ansi.html
----------------------------

http://www.nymstf.org/News.asp
New York Motorcycle & Scooter Task Force

More improper tickets written against legally parked motorcycles. June 29 2010

If you received parking summonses in NYC with VC (Violation Code) 61 ("parking other than parallel to curb or opposite the direction of travel") for parking with your front wheel to the curb, or with VC 53 ("standing or parking in a safety zone") for parking between a stop line and the crosswalk, your rights have been violated.

NYC Code Title 34 Section 4-08 (m) (3) expressly permits motorcycles to park at an angle to the curb with one wheel touching the curb. The law does not dictate which wheel must touch the curb, nor does it mandate angles with respect to the curb or the roadway's direction of travel.

The area between a stop line and a crosswalk is not a safety zone according to the NYS Supplement to the national Manual of Uniform Traffic Control Devices, which is incorporated into State law via Title 17 of the NY Codes Rules & Regulations. Safety zones are "channelizing islands, established for pedestrian protection, where traffic may pass on either side."

Document and fight those summonses, complain by certified mail to the NYC Department of Finance and the NYPD Traffic Control Division, and submit your complaint to the NYC Civilian Complaint Review Board as well. The CCRB conveniently accepts complaints by mail, phone and web. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES

California
ABATE of CA: http://www.abate.org/
July 7, 2010

It has recently come to the attention of ABATE leadership that Senator Pavley played a little fast and loose with her list of supporters endorsing SB-435. While the two most prominent supporters endorsing SB-4354 are the American Lung Association and Noiseoff, and rightfully deserve our attention and condemnation, it appears that BUB Enterprises may have gotten a raw deal. Other members of the California MRO community have informed me that BUB Enterprises steadfastly maintains they did not support SB-435 in stark contrast to Senator Pavley�s portrayal of them as a supporting organization. A meeting has tentatively been scheduled for July 9th, 2010, with representatives of the California MRO community and Roger Farmer of BUB Enterprises for further clarification on their status with regard to SB-435. I would ask that all ABATE members kindly refrain from sending any further derogatory comments to BUB Enterprises at this time until all the facts are in. It is only fair that we give Mr. Farmer an opportunity to explain his side of this affair with regard to Senator Pavley�s actions. Thank you for your patience and understanding in this issue and I will have further commentary on this issue as soon as those representatives have spoken with Mr. Farmer.

Sincerely,
Anthony Jaime
Executive Director
ABATE of California
------------------------------------
New Hampshire www.seacoastonline.com/articles/20100709-NEWS-7090350
Bikers not thrilled about plan to eliminate motorcycle parking at beach Motorcyclists angered by loss of beach spaces

By Patrick Cronin
pcronin@seacoastonline.com
July 09, 2010 2:00 AM

HAMPTON � Some motorcycle enthusiasts are not revving up in support of a plan to eliminate the motorcycle-only parking area next summer at Hampton Beach. A few even tried to stage a protest on July 4 calling "all bikers to protest the decision by arriving before 6 a.m. and take up all car parking spots at the beach."

Seacoast Park Supervisor Brian Warburton said the protest � which was sparked by an unknown source who distributed several fliers at the beach � was a complete bust.

"It never happened," Warburton said. "There were no issues."

However, he is aware some at the beach are not happy that motorcycle parking will be eliminated as part of the overall plan to build two new bathhouses at the beach and a new Seashell Stage complex.

While there will no longer be a designated area for motorcycles to park, Warburton said motorcycles will be able to park in any parking space, with up to three bikes allowed in each for a single fare.

"Motorcycles are allowed to park at any of the spots," Warburton said. "I think they are looking for one congregated area, but that is not going to happen."

Motorcyclists at the beach on Wednesday said they are not pleased with the decision.

While under the current set-up they have spots solely for them, next year they will have to compete with the general public in finding a space � which on a hot day can be scarce.

"We've had it (motorcycle parking) for 40 years," said Jack Swain, of Hampton.

"If you can't park, people probably will stop coming," said Al Letizio, of Windham.

Bob Nadreau, of Brentwood, said it doesn't make sense for the state from a fiscal point of view.

"A car pulls in, he pays $1.75 an hour," Nadreau said. "Now four motorcycles can park in that space and only pay a $1.75 per hour. It really doesn't make sense financially."

Nadreau said bikers would rather each pay $1.75 per hour than have to deal with trying to park where all the cars are parked.

"You'll get cars pulling in and around you plus they could tip over a bike," Nadreau said.

"Then you'll get people aggravated when they go into a parking spot and there are bikes there," he said.

Hampton Selectman Richard Bateman, who is also a motorcycle enthusiast, said he spoke out against the changes during the design phase of the project to no avail.

"For whatever reason they have decided to make changes that will have a negative impact on the beach," Bateman said. "The space that is utilized now is very well utilized. Why move it?"

Bateman said the average income of a Harley-Davidson owner is $70,000 a year.

"These guys come down and generate an awful lot of lunches," Bateman said. "They have never been a problem and they have come here for years and years."

Bateman fears the changes will discourage them from coming to beach.

"I think it will because there is a lot of camaraderie in the group," Bateman said. "If you spread the group out there is no group."

Warburton said the new design is more efficient and fair.

"We don't guarantee the general public a spot," Warburton said.

Non-bikers at the beach said they are in favor of the plan.

"Why should those who ride motorcycles get special treatment," said Barbara McNeil, who was at the beach with her grandchildren Wednesday. "I usually have to end up parking almost a half a mile away from the beach."

Warburton said the elimination of motorcycle parking was put in the design � for the $14.5 million Hampton Beach redevelopment project � early on.

The project entails constructing two bathhouses � one at the Marine Memorial and another near Haverhill Street � and a new Seashell complex.

Portions of the sea wall, parking lots and promenade will be improved.

But one biker hopes the state has a change of heart before the project is completed.

Myles Bratter, of Dover, said he rides to the beach every day with his pet Macaw bird, Rainbow, which has become a huge draw to tourists.

"If they take away motorcycle parking, they'll lose Rainbow," Bratter said. "If there's no place to park, I'll end up in York Beach instead of up here. And they're motorcycle friendly."
----------------------------------
New York

www.wkbw.com/news/local/Did-Police-Roadblocks-Slow-Down-The-Speedway-98068154.html
Did Police Roadblocks Slow Down The Speedway?

Story Published: Jul 8, 2010 at 6:10 PM EDT
Story Updated: Jul 8, 2010 at 6:42 PM EDT

LANCASTER, NY ( WKBW ) Every Wednesday is cruise night at Dunn Tire Raceway Park...and it is big business with thousands of people showing up every week.

However, the operators of the raceway tell Eyewitness News the State Police are targeting the raceway and taking a big bite out of their profits.

Ralph Gulluzzi, Dunn Tire Raceway Park promoter says, "The State Police are targeting us by setting up roadblocks on Gunnville near Wehrle and Genesee...so you can't get to the racetrack without passing through the roadblocks."

Between the two checkpoints, there were 154 tickets issued and two arrests. 54 of those tickets were for motorcycle related violations.

Rebecca Gibbons from the New York State Police responded, "We are not targeting any business that is not our goal whatsoever. What we are looking for is traffic situations where there may be hazards, large amounts of traffic which, in that area, over 3,800 cars...that's alot of traffic."

State Police say that they do focus on areas where they know traffic will be heavy, like concerts, festivals, and sporting events. In this case, they knew that large amounts of motorcyclists would be in the area for cruise night...and with over 17 motorcycle related deaths over the last several months, it was a good time to educate riders.
-----------------------------------
South Carolina

www.wmbfnews.com/Global/story.asp?S=12777828
Refunds for MB helmet law fines hit the mail
Posted: Jul 08, 2010 9:05 PM EDT Updated: Jul 08, 2010 11:03 PM EDT By Brandon Herring

MYRTLE BEACH, SC (WMBF) - The City of Myrtle Beach has mailed refunds to motorcyclists who paid fines for not wearing helmets inside city limits.

During the time the city required helmets for motorcyclists, 389 people were ticketed. Approximately 141 of those tickets were paid, and the city is refunding those payments.

Not everyone who paid had shelled out the full $100 fine, so the refund total is $13,964.

"The law was deemed invalid so we needed to give the money back," stated city spokesperson Mark Kruea.

The Myrtle Beach Clerk of Court used a computer database to look up the names of people who had paid the fines and mailed the refunds between June 23-28. The record of those tickets was then expunged from the system.

Kruea said the city also decided to pay back interest on the fines.

"Our interest is in making the customer whole and to do that we need to pay a little bit of interest to them," Kruea said.

The city's finance director Maria Baisden said was told by the city attorney to send the interest payments. The interest will be paid based on when the ticket was paid.

"It's going to be anywhere from $10.45 to as little as 58 cents [for each ticket]," Baisden said.

The checks for interest are scheduled to be printed and mailed Friday morning. The process is mostly automated Baisden said, but the address for each check did have to be entered manually based on the address written on each ticket.

"They're actually going to have to enter all this information," Baisden said Thursday morning. "There's no purchase order already set up. So it's not quite as automated as what we normally do, because it's a special project. It's something we're only going to do one time."

While the refunds simply give back money paid to the city, paying interest creates an extra cost. The total interest being paid is $869.45. Mailing the refunds and the interest checks costs the city $124.08.

Baisden said there may be a few more tickets that are refunded, so the totals could increase slightly.

Defending the helmet law in court was a totally different cost for the city. That cost came to a total of $64,000 in legal fees, but Kruea said that money is built into the annual budget.

"We have to defend ourselves," Kruea said. "When the city believes it's in the right it needs to defend itself. It's just a cost of doing business."

If that legal money is not used each year it can carry over to the next year, but Kruea said it would be considered a bonus. He said the legal fees did not take anything away from the city's next budget.

"I think you can play 'what if' with it forever," Kruea commented. "I don't know that that's a practical way to look at this particular issue."

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS

New York State Police Presentation
"Taking the Mystery Out of Motorcycle Enforcement:
Your Bike and What Cops Look for" http://www.newyorkfreedomriders.com/doc/NYS%20MC_Training_2010(3).pdf

-------------------
NEW YORK HIGHWAY SAFETY SYMPOSIUM FALL 2010
�PARTNERING FOR A SAFER NEW YORK�
HOLIDAY INN, GRAND ISLAND
OCTOBER 17-20
PRELIMINARY AGENDA http://www.itsmr.org/pdf/2010%20PRELIM%20AGENDA%20FOR%20WEB.pdf

Note: motorcycle only

Monday October 18
10:30-11:30 Motorcycle Safety
The Motorcycle Safety Foundation's (MSF) Basic Rider Course (BRC) and motorcycle safety awareness and promotion activities are the cornerstone of the NYS Motorcycle Safety Program (NYSMSP). MSF will discuss its role in NY, including an overview of its rider training programs and public outreach. The NYS Association of Chiefs of Police (NYSACOP) and the New York State Police have been a proactive force in spreading the motorcycle safety and enforcement message throughout the law enforcement and motorcycle safety community with the regional program entitled "Practical Guidelines for Motorcycle Enforcement." The NYSACOP portion of this presentation will provide an overview of this innovative and successful training program.
Presenters: Chris Connelly Motorcycle Safety Foundation Program Manager for New York Dominick Macherone NYSACOP/GTSC Law Enforcement Liaison Daniel Montimurro Motorcycle Safety Program, NYS Department of Motor Vehicles

****************************************************************************
If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

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

New York Freedom Riders :: New York State Law Enforcement Being Deceitful on Motorcycle

Author: karen
Subject: New York State Law Enforcement Being Deceitful on Motorcycle
Posted: Wed Jul 07, 2010 10:44 pm (GMT -4)
Topic Replies: 0

IMMEDIATE RELEASE
New York Freedom Riders
www.newyorkfreedomriders.com
July 7, 2010

New York State Law Enforcement Being Deceitful on Motorcycle Eyewear

The New York State Police, in partnership with the Governor�s Traffic Safety Committee and New York�s Traffic Safety Partners, are improperly training local law enforcement on motorcycle laws. In their presentation titled �Taking the Mystery Out of Motorcycle Enforcement� they covered eyewear, legal application of an inspection sticker, handle bar height, helmets, exhaust pipes, tires, lights and plates. [1]

In the section of the presentation that covered proper eye protection, it states; �For enforcement purposes, eyewear that meets this newly adopted ANSI standard will have �Z87� on the frames and lenses.� State law reads as follows: �Eye protection [(a)] A motorcyclist may use any eye protection device that has been manufactured in conformity with the American National Standard Institute�s Z87.1 standard �Occupational and Educational Personnel Eye and Face Protection Devices.� A motorcyclist may not operate a motorcycle unless he or she is wearing such eye protection.� [2]

New York State local law enforcement is being trained that the only legal eye protection allowed must have �Z87� on the frames and the lenses. This is a deliberate falsehood. State law provides that any eye protection that has been manufactured in conformity with the American National Standard Institute�s Z 87.1 is legal in New York State. Past standard regulations required eye protection to have �Z87� on the frames only, meaning earlier models of legal eye protection continue to be legal.[3] Any law enforcement personnel that states you must have �Z87� on the frames and on the lenses is wrong and is deliberately misinforming you and the public.

We remind all motorcyclists that if any law enforcement personal asks to inspect your eye protection, as with the helmet, you request a search warrant.

New York Freedom Riders insist that New York State Law Enforcement cease illegally pulling over motorcyclists just to enforce eye protection regulations that they know are not in accordance with state law. Such actions are, in-and-of themselves, illegal and should be prosecuted to the full extent of the law.

For further information visit our website at: www.newyorkfreedomriders.com or email us at: nyfreedomriders@localnet.com .

1. http://www.newyorkfreedomriders.com/doc/NYS%20MC_Training_2010(3).pdf
2. http://weblinks.westlaw.com/result/default.aspx?cnt=Document&db=NY-CRR-F-TOC%3BTOCDUMMY&docname=342049540&findtype=W&fn=_top&ifm=NotSet&pbc=4BF3FCBE&rlt=CLID_FQRLT37930291767&rp=%2FSearch%2Fdefault.wl&rs=WEBL10.06&service=Find&spa=nycrr-1000&vr=2.0
3. http://www.tasco-safety.com/sglasses/ansi.html

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

New York Freedom Riders :: NY Legislation/news- 7/2/10

Author: karen
Subject: NY Legislation/news- 7/2/10
Posted: Fri Jul 02, 2010 2:28 pm (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -7/2/10

ATTENTION:
SPUTNIK MEMORIAL SERVICE RIDE JULY 10TH-SATURDAY

WHEN: JULY 10TH, SATURDAY at 10:00 AM
WHERE: RALLY POINT IS AT VFW POST 8787, 500 VFW ROAD AUSTIN
TX 78753.TIME: KICKSTANDS UP AT 10:00 AM.
THE MEMORIAL RIDE WILL PROCEED TO THE SOUTH SIDE OF THE STATE CAPITOL BUILDING...

(The VFW will open up at 8:00am coffee, doughnuts, and water available at the rally point)

MEMORIAL SERVICES FOR SPUTNIK TO BE HELD AT THE SOUTH SIDE OF THE CAPITOL BUILDING IMMEDIATELY AFTER THE MEMORIAL RIDE.
*********************************************************************************************

NEW YORK LEGISLATION UPDATES:
Helmet, Motorcycle, Gang, Rights: no updates
----------------------------
New York News

http://www.nymstf.org/News.asp
New York Motorcycle & Scooter Task Force
June 23 2010

NYMSTF Introduces Checkpoint Alerts

In response to the motorcycling community's ongoing problems in New York with police checkpoints that stop only motorcycles and scooters, the NYMSTF is pleased to announce the Checkpoint Alert System. Read all about it here:

http://nymstf.org/CheckpointAlerts.htm

With this system, we leverage the power of the people. Anybody who witnesses a motorcycle -targeted police checkpoint should send a mobile phone text message to the NYMSTF's main phone number, 347-410-6783, start the message with the word "checkpoint" and describe the location. In less than five minutes, that report will be posted to the NYMSTF.org web site and to the NYMSTF's account on Twitter.com.

Twitter subscribers who follow the NYMSTF will receive instant email notifications, and can take advantage of text messaging to receive Checkpoint Alerts on their cell phones as soon as the report reaches Twitter.

The Checkpoint Alerts are also available as an RSS/XML feed from the NYMSTF.org web site.

This service will help area motorcyclists and scooterists avoid the delays, hassles and safety risks involved in being stopped for law enforcement's fishing expeditions on New York's busy roadways. This service can also help motorcycle activists seek out these checkpoints to document and challenge them.

We encourage all motorcyclists to add the NYMSTF phone number to their cellphone contacts list to make it easy to send reports. Anyone who wishes not to be stopped should check the NYMSTF's RSS feed before their trip, or subscribe to Twitter and follow the NYMSTF.

Sincerely,
Brad Berson
VP, NYMSTF
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES

California:
ABATE of CA- http://www.abate.org/
Smog Checks For Motorcycles - SB 435 - passed out of the Assembly Transportation Committee

Senate Bill 435 was introduced last year by Senator Fran Pavley and included language that would have required model year 2000 and later motorcycles to undergo biennial smog checks, same as automobiles.� That means if you had made ANY modifications to your engine or exhaust, chances are you'd have to put them back to stock in order to pass.

Thanks to the thousands of motorcyclists who called, wrote and faxed, we were able to get the Senate Transportation Committee to require her to remove the language requiring smog checks before they allowed it to pass.� When introduced to the Assembly Transportation Committee earlier this month, the original language would have required any bike manufactured after 1983 to have matching federal EPA labels on the frame and exhaust.� We managed to get that down to only model year 2011 and later as a fix-it ticket by agreeing to be 'neutral' on the bill.� Before the hearing on June 28th it clearly had the votes to pass but so many motorcyclists showed up for the hearing they didn't find the votes to pass until 6:30 p.m., long after everyone was gone.� Even at that, the only way they got the 8th vote it needed was when one of the legislators who originally voted "no" changed his vote at the last minute when he realized it wouldn't pass.
�
The bill has a long way to go before it ever hits the Governor's desk and so we've still got time to stop it, but we need your help.� If as many people who showed up at the hearing had taken the actions we requested over the last few weeks through our Action Alerts we might have actually been able to stop it.

http://www.abate.org/IssuesLegislation/CurrentIssuesLegislation.aspx
SB 435 - Motorcycle Smog Check

What Now?

Wow, there were so many people who showed up for the hearing it was truly awe inspiring. And it wasn't just a bunch old old Harley riders either, there was plenty of representation from the sport bike community. It was such a big deal we even made the news:

http://www.kcra.com/video/24077812/index.html (video) http://www.kcra.com/politics/24075288/detail.html (article)

Like it says on the our home page, we actually almost defeated it and if everyone who showed up for the hearing had helped out by sending the letters and making the phone calls before as we had been requesting it might be dead or mortally wounded by now. As it stands there's a long way to go before it lands on the Governor's desk. We have no idea whether he'd sign it as it's written right now but wouldn't count on him not to. Next stop is in the Appropriations Committee, we'll report on that once we know the date.

If you live in one of the districts of the Assembly members who voted to pass this bill out of the Transportation Committee and don't like the fact that half the 2011 models will be eligible for fix-tickets right off the showroom floor, call their local office in the district to set up a meeting and ask if they understand why you're still opposed to the bill. Ask them if they'd like to make a statement to the rest of the motorcyclists in their district explaining their vote. We'd be glad to post it on this website for everyone to read.

The votes to let it pass out of committee are in RED below. You can click on the name and it'll take you to their website where the local office contact information is as well of a map of this district so you can see the area it covers.

California Assembly Transportation Committee
[list: http://www.abate.org/IssuesLegislation/CurrentIssuesLegislation.aspx ]
---------------------------------------

Maine:

www.bangordailynews.com/detail/147454.html
County police cracking down on road noise
6/29/10
By Jen Lynds, BDN Staff

PRESQUE ISLE, Maine � While some people think it is cool to see a motorcyclist on a sharp-looking machine, revving up the engine as he or she zips through the downtown, others aren�t as happy about the situation.

They see those motorcyclists and motorists riding over local roads in vehicles with no mufflers as a stain on their desire for peace and quiet, and they are happy with changes to a state law slated to go into effect on July 12.

Law enforcement officials from Aroostook County have pledged to crack down on those who ignore the amended law relating to road noise.

Presque Isle Police Chief Naldo Gagnon, Houlton Police Chief Butch Asselin and Aroostook County Sheriff Jim Madore met recently with local media to discuss the changes to the law.

The current law governing road noise says vehicles must have adequate mufflers that are maintained properly to prevent excessive or unusual noise. Language was added recently that says excessive or unusual noise includes motor noise that is noticeably louder than that of similar vehicles in the environment.

The changed law also states that the exhaust system may not be modified if the result is amplification or noise that is louder than the muffler originally installed on the vehicle.

Violators could face a $137 fine.

�In the summer, the top three complaints we get are about speeding vehicles, motorists who run red lights and noise complaints,� Gagnon said Tuesday. �We usually issue one or two tickets a week in order to deal with noise complaints. We especially hear complaints about motorcyclists who are revving their engines. People want their quality of life to remain peaceful, and it�s hard if you have got a bunch of noise coming off the roadways.�

Asselin agreed, saying that the point of the partnership between Houlton and Presque Isle police and the Sheriff�s Department is to get the word out about the new law and to correct problems before they get out of hand.

Asselin said noise complaints are not reported often in Houlton, but indicated Tuesday that he hears complaints around town and in neighboring communities.

�I see a lot more motorcycles out there now,� said Asselin. �When people see me and my officers out in public, they will sometimes complain about the road noise and ask us what we are going to do about the noise from the motorcycles. I see a lot more motorcycles ride on the roads now, and it is tempting for some people to increase the noise being emitted from their mufflers. It�s different now. We used to hear complaints about trucks and their Jake brakes. Now the complaints are about motorcycles.�

Asselin said he sees how such noise could disturb the peace.

�If you live along a major road, the noise has got to be distressing at times, especially if you are trying to rest or you have children,� he said. �That is true as well if you have a large crowd of motorcycles going by.�

The chief said the Sheriff�s Department and the Houlton and Presque Isle police have agreed to issue written warnings for two weeks to violators who have not changed their exhaust systems to comply with changes in the law. After that, officers will issue summonses that will cost violators $137.

Gagnon said the two-week courtesy warning in The County �does not apply to the blatant violations of excessive, unnecessary and unusual noise from exhaust so as to cause a harsh and objectionable noise� as described in Maine Motor Vehicle Law.

Elaine Stanton of Littleton has a house just off U.S. Route 1. She said that she hears a lot of motorcycles going past her home.

�I can hear them before I see them,� she said Tuesday. �It is not everyone, of course, but the noise is really irritating. I actually have spoken to three or four of the riders that I see often around the community, and what they told me is that trailer trucks are loud, too, so why is the focus on motorcycles?�

Asselin said that neither he nor the other chiefs are against motorcycles in their communities. He added that he has a motorcycle himself and enjoys riding.

�It is all about being considerate and enjoying it, but being lawful and legal,� he said Tuesday. �You can have fun, but why would you want to disrupt someone else�s life in the process?�

RECAP:

http://www.mainelegislature.org/legi.../PUBLIC639.asp

An Act Relating to Road Noise
Be it enacted by the People of the State of Maine as follows:

Sec. 1. 29-A MRSA �1912, sub-�1, as enacted by PL 1993, c. 683, Pt. A, �2 and affected by Pt. B, �5, is amended to read:

1. Muffler required. A person may not operate a motor vehicle unless that vehicle is equipped with an adequate muffler properly maintained to prevent excessive or unusual noise. For purposes of this subsection, �excessive or unusual noise� includes motor noise emitted by a motor vehicle that is noticeably louder than similar vehicles in the environment.

Sec. 2. 29-A MRSA �1912, sub-�3, as enacted by PL 1993, c. 683, Pt. A, �2 and affected by Pt. B, �5, is amended to read:

3. Amplification prohibited. A person may not operate a motor vehicle with an exhaust system that has been modified [to amplify-removed] when the result of that modification is the amplification or increase [the-removed] of noise emitted by the motor above that emitted by the muffler originally installed on the vehicle.

Sec. 3. Working group; excessive highway traffic noise. The Department of Public Safety, Bureau of State Police shall convene a working group to study issues relating to highway traffic noise, including, but not limited to, unwarranted noise created when an exhaust system is not properly installed or maintained or is altered. The working group must include representatives from municipal and county law enforcement, a commercial motor carrier association, the Department of Transportation, the Maine Turnpike Authority and a neighborhood or neighborhood association affected by highway noise. The working group shall submit a report, including findings and recommendations, to the joint standing committee of the Legislature having jurisdiction over transportation matters no later than January 15, 2011.

Effective July 12, 2010
----------------------------------------------------
New Hampshire

www.seacoastonline.com/articles/20100702-NEWS-7020325

Boston noise ordinance not being enforced
Legal challenge is currently awaiting court action

By Shir Haberman
hamptonunion@seacoastonline.com
July 02, 2010 2:00 AM

NORTH HAMPTON � Those who developed the motorcycle noise ordinance passed by voters at the May 11 town election often point to the success of an almost identical ordinance in Boston as the basis for their argument the town's ordinance can � and should � be enforced.

Previously the town received three legal opinions � from the its legal counsel, the organization that indemnifies the town against lawsuits and the Rockingham County Attorney � indicating it is not enforceable.

And now, the success of the Boston ordinance is being questioned.

Calls placed to police and a city councilor's office in that city, indicate that the Boston ordinance is the subject of a lawsuit and that police there have yet to try to enforce it.

"As of this time we are not enforcing it," Officer Eddy Crispin of the Boston Police Department's media relations group said Wednesday.

This directly contradicts e-mails being circulated by supporters of the North Hampton ordinance that allegedly state the opinion of Janet Knott, an administrative assistant to City Councilman Salvatore LaMattina, who sponsored the Boston ordinance. Knott is quoted in these e-mails as estimating that the Boston police have issued "250 citations in the last year (in enforcement actions based on the Boston motorcycle noise ordinance) at $300 each."

Contacted Wednesday, Knott initially said she was not sure of the number of citations issued, but was confident the ordinance passed last May was being enforced. When advised of Crispin's statement, Knott indicated that she would investigate the situation.

She called back later in the day and indicated there was some confusion over whether the ordinance was actually being enforced.

"I talked to Officer Crispin, and we're investigating it further," Knott said. "We're going through the Police Department's research department. That's the way it has to be done."

Crispin's assertion, however, was corroborated by an article that appeared on the NorthEndWaterfront.com Web site last September, three months after the Boston ordinance was to go into effect citywide. The Web site reports news events in the North End and waterfront neighborhoods of the city.

"The initiative (to begin a voluntary motorcycle noise reduction program in those neighborhoods) follows the efforts of District 1 City Councilor Sal LaMattina, who introduced a city ordinance that calls for an EPA stamp on all approved motorcycle mufflers operating in Boston," the article stated. "Without such a stamped muffler, the biker will be ticketed for a $300 fine.

"The ordinance was approved by the City Council and signed by the mayor," the article continues. "However, a legal challenge has delayed its enforcement pending court proceedings."

Crispin's claim that police were not yet enforcing the Boston ordinance was further substantiated by Peabody, Mass., attorney and Amesbury, Mass., resident Paul Cote, one of the five men who brought suit against the city over the noise ordinance. It was that legal challenge that initially stalled enforcement.

"Motorcycles have to be inspected once a year. I have an inspection from Seacoast Cycles up in Newburyport (Mass.)," Cote was quoted by the Daily News of Newburyport as saying when the lawsuit was filed in July 2009. "They put a sticker on my license plate, and that gives me the right to operate my motorcycle in all 352 cities and towns in Massachusetts, as well as other states because there's reciprocity. The city of Boston does not have the authority to do what it did."

Cote confirmed Wednesday that his lawsuit was dismissed in March of this year based on a Suffolk County Superior Court judge's ruling that neither he nor the other four plaintiffs had standing to challenge the law since they were never issued a ticket for failing to comply with it. A motion to reconsider was filed in April and rejected in May of this year.

"The judge never ruled on (the ordinance's) merits," Cote said.

He said the issue is now awaiting a review by the Appeals Court.

"We have put out the word to as many motorcycle riders as possible to get in touch with us if they get a ticket (under the new ordinance)," he said Wednesday. "We will immediately add their names to the list of plaintiffs.

"So far, I have not heard of any tickets being issued," Cote said Wednesday.

The Massachusetts Motorcycle Association, which opposes the ordinance, issued a statement on May 5 of this year that police had not issued any tickets for non-compliance with the Boston ordinance.

Even if the Boston ordinance eventually passes court muster in Massachusetts, North Hampton Town Administrator Steve Fournier believes the town's new motorcycle noise ordinance will still be unenforceable in New Hampshire because of differences in the way the governments of the two states operate.

"We're a 'Dillon Rule' state, (Massachusetts) is a 'Home Rule' state," Fournier said.

In a Dillon Rule state, cities and towns can only regulate things the state specifically gives them the right to regulate. Cities and towns in Home Rule states have a greater ability to self-regulate, the town administrator said.

His contention that the differences between the two states would impact whether the North Hampton ordinance can be enforced was supported by the Local Government Center in a letter dated May 28, 2010. The center prepared the letter in response to Fournier's request for a legal opinion on the new motorcycle noise ordinance.

"(State law) RSA Chapter 266 (which sets motorcycle noise guidelines) does not contain a provision expressly allowing additional regulation by municipalities, and the level of specificity of state regulation does not suggest that local regulation is permitted," wrote LGC Staff Attorney Kimberly Hallquist in the legal opinion. "Thus it is reasonable to conclude, given the comprehensive regulation of motor vehicles under RSA Chapter 266, ... that any local regulations that conflicts with or frustrates the state's purpose will be found preempted and, thus, invalid."

Fournier said that he, in keeping with the will of the Select Board as expressed at its June 14 meeting, is preparing to submit a request for declaratory judgement on the whether the town ordinance is enforceable to the Rockingham County Superior Court.

The town administrator is also trying to get similar opinion from the EPA, he said.
----------------------------------

Federal:

www.thenewspaper.com/news/31/3187.asp
7/1/2010

Congress Turns Sour On Red Light Cameras
US House Transportation subcommittee discusses possible legislation to increase yellow time at red light camera locations.

At a congressional hearing Wednesday, members expressed increasingly skeptical views toward the safety claims made by the usual cast of advocates for photo enforcement. The US House Transportation Subcommittee on Highways and Transit invited five representatives of the familiar groups that advocate expanded use of red light cameras and speed cameras. In presentations before the committee and written testimony, however, members seemed to be more swayed by what the two camera opponents that appeared had to say.

"I had never heard, until I read the testimony, about people potentially tinkering with the yellow light period," subcommittee Chairman Peter DeFazio (D-Oregon) explained in an interview following the hearing.

Cities in DeFazio's congressional district, which covers the southwest corner of the state, have not embraced cameras. For that reason, DeFazio said he previously had not given much thought to the issue. The hearing was scheduled at the request of ranking member John J. Duncan (R-Tennessee). The city of Knoxville, which is in his district, uses cameras and has stirred up his constituents.

"A lot of people talked to me about it," Duncan said. "In addition, it was a real controversial thing in the last session of the Tennessee legislature."

Georgia state Representative Barry Loudermilk (R-Cassville) appeared before the committee to testify regarding the controversy in his state over the use of red light cameras and his proposed solution to the problems the machines raised.

"We started realizing that there was a questionable effect on safety," Loudermilk said. "Accident rates have increased at several key intersections in the state... There was a financial incentive created by the use of red light cameras that local governments were no longer induced to seek out proven engineering methods to improve intersection safety. As a result, we passed House Bill 77... The key component of House Bill 77 was requiring an additional second to be added to the yellow time at any intersection that operates photo enforcement."

The benefit of the change was immediate. Violations plunged up to 81 percent and several cities dumped their photo ticketing programs once they no longer were profitable. Dan Danila with the National Motorists Association pointed out how unpopular ticketing programs have been rejected in eleven cities and by fifteen states. DeFazio picked up on the unpopularity by noting that private companies like Redflex and American Traffic Solutions failed to appear at the hearing.

"We did invite vendors, and they refused," DeFazio said during the hearing. "I thought of subpoenaing them, but we have lots of other things to do. I find it disturbing that none of them wanted to come and talk about what a great thing they're doing for America here."

DeFazio suggested he would like to see national legislation to address some of the problems. Such laws would only apply in cases where federal safety grants are distributed to localities to fund the use of automated ticketing machines.

"If you were going to use federal funds for automated traffic enforcement, we want to see that you've gone through a thoughtful process and evaluated other alternatives and that this is for safety, not revenue purposes," DeFazio said after the hearing.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS

EPA Updating Noise Emission Standards
10NR19 - MRF News Release

FOR IMMEDIATE RELEASE
30 June 2010
Contact: Jeff Hennie, Government Relations and Public Affairs

EPA Updating Noise Emission Standards

The Motorcycle Riders Foundation (MRF) has learned that the US Environmental Protection Agency (EPA) is updating the regulation that governs all motorcycle noise emissions. The EPA has sent a letter to various private companies located in the USA, that import or build motorcycle exhausts intended for use in the USA, asking the companies to disclose sensitive financial and business plan information, as well as trade secrets.

The EPA claims that it must update the regulation because of "technical changes that have occurred since the last update of the rule". Current law has decibels capped at 83 for motorcycles built since 1983. It is not clear from the letter which direction they will pursue, but in the past, any time the EPA "updated" anything it meant that the regulations got stricter. Reading between the lines shows that the EPA will likely lower the decibel limit for motorcycles, not increase it.

The 5 page questionnaire asks for some very sensitive information such as; overall value of the company, part numbers of items built and or sold, testing techniques, will the company pass on the costs of more testing to the customer and so on.

The MRF is arranging a meeting with the EPA to clarify exactly what is going on here.

If you or anyone you know has received this letter, please put them in touch with the MRF so that they can join the coalition to ensure that this does not put in place any hardships for the American rider.

Contents of the letter to manufacturers follows.

Should you want to view the questionnaire click here: http://www.mrf.org/pdf/EPA_questionnaire_June2010.pdf

###################

(Manufacturer specific information and MRF edits
appear in bold italic to protect the identity of the MRF's source)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
Office of Air and Radiation

June 1, 2010

BY CERTIFIED MAIL

Dear Mr. XXXXXXX:

The U.S. Environmental Protection Agency (EPA) is considering revisions to its motorcycle noise emissions regulations (Code of Federal Regulations, Title 40, Part 205, Subparts D and E, promulgated December 31, 1980) to address technological changes that have occurred since the current regulations were developed. As part of this process, we are collecting information on the types and models of motorcycles and mopeds manufactured in or imported for sale in the United States. We are also collecting information on motorcycle and moped exhaust systems that are manufactured or imported for sale in the United States; this includes companies that manufacturer (sic) OEM exhaust systems for their newly manufactured motorcycles and/or mopeds and/or for retail sale and those companies that manufacture motorcycle and moped exhaust systems for aftermarket sales only. Also, in order to estimate the impacts of any increases in manufacturing and/or product costs due to possible required changes in design and testing costs, we are collecting information on sales volumes, prices and the costs of manufacture.

This letter is to request completion of the enclosed questionnaire by the (name and address of manufacturing company) by June 23, 2010. The purpose of this questionnaire is to determine the products produced, approximate production volumes, production costs, testing processes and testing costs, and sales prices for your facility.

Your company may assert a business confidentiality claim covering part or all of the information. Information covered by such a claim will be disclosed by EPA only to the extent and by procedures set forth in 40 CFR Part 2, Subpart B. You should clearly identify such pieces of information at the time it is submitted, using a cover sheet, stamped or typed legend, or label indicating that the information is company confidential, proprietary, or trade secret. If no such claim accompanies the information when it is received by the EPA, it may be made available to the public by EPA without further notice. It is EPA's policy that compliance provides sufficient protection for the rights of submitters of priveleged information.

We have designated EC/R as an authorized representative of the Agency. As an authorized representative of EPA, EC/R is subject to the provisions of 42 U.S.C. 7414(c) respecting confidentiality of methods or processes entitled to protection as trade secrets. The EC/R contract with the EPA is EP-D-09-051.

Your assistance in this very important matter will be greatly appreciated. If you have any questions regarding this request, please contact me at (EPA phone number) or (EPA email address) or (EPA official) at (EPA phone number) or (EPA email address).

Sincerely,
(EPA official)
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Lawmakers want federal traffic safety agency to focus on crash prevention
AMA:
www.ama-cycle.org/news/story.asp?id=2079

Lawmakers want federal traffic safety agency to focus on crash prevention Posted July 1, 2010

U.S. Rep. Jim Sensenbrenner (R-Wis.) has introduced a resolution urging the National Highway Traffic Safety Administration (NHTSA) to concentrate on motorcycle crash prevention and rider education instead of lobbying state lawmakers to enact mandatory helmet laws.

The resolution is in response to a statement made by NHTSA Administrator David Strickland in May reemphasizing Congressional testimony he gave in March when he stated that the core component of NHTSA's motorcycle safety plan is to increase helmet use and "anything the Congress does that would support the movement of riders into helmets would be efficacious of safety."

On April 2, AMA Senior Vice President for Government Relations Ed Moreland sought a clarification of Strickland's comments. The letter can be read here: AmericanMotorcyclist.com/legisltn/documents/Strickland_Olver_Appropriations_3-25-10.pdf. Strickland's response can be read here: AmericanMotorcyclist.com/legisltn/documents/Strickland_Response_Helmet_5-24-10.pdf.

The resolution -- H. Res. 1498, which was introduced on July 1 -- supports efforts to retain a federal ban on the agency from using taxpayer dollars to lobby state and local legislators. Reps. Denny Rehberg (R-Mont.), Doug Lamborn (R-Colo.), Paul Ryan (R-Wis.) and Tom Petri (R-Wis.) co-sponsored the measure.

The anti-lobbying language was originally written into the Transportation Equity Act approved by Congress in 1998.

"It is the job of Congress to protect the rights of the states and also the freedom and individual responsibilities that motorcycle riders across the nation enjoy as they travel the open roads of America," Sensenbrenner said.

The AMA's Moreland thanked Sensenbrenner for his efforts.

"The key to reducing motorcycle injuries and fatalities is found in the implementation of strategies that prevent the likelihood of a crash from happening in the first place," Moreland said. "We are pleased to see that Rep. Sensenbrenner and his colleagues who back his resolution are mindful of the importance of motorcycle crash prevention, and the pursuit of rider education as a primary means to reduce injuries and save lives," he said.

Sensenbrenner's resolution notes that federal law currently states: "No funds appropriated to the secretary for the National Highway Traffic Safety Administration shall be available for any activity specifically designed to urge a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body."

The resolution also states that federal lawmakers support efforts to retain the lobbying ban, encourages continued growth in motorcycling, recognizes the importance of motorcycle crash prevention, and encourages the traffic safety agency to focus on crash prevention and rider education "as the most significant priorities in motorcycle safety."

-----------------------------------
MRF: Lobby Ban Supported
10NR20 - MRF News Release
FOR IMMEDIATE RELEASE
1 July 2010

Contact: Jeff Hennie, Government Relations and Public Affairs Washington DC

Today, 5 Members of the House of Representatives introduced a resolution that "supports efforts to retain the ban on the National Highway Traffic Safety Administration's ability to lobby state legislatures using federal tax dollars and urging NHTSA to focus on crash prevention and rider education".

The ban is current Federal law, the resolution simply supports the lobby ban and puts the Obama Administration on notice that this is an important law and should remain in place.

There is recent activity to support the fact that the current Administration would like the ability back to lobby state legislatures. At a hearing, Obama's NHTSA chief, Mr. Strickland, has said the motorcycle helmet use will be the core of NHTSA's approach to motorcycle safety. He went on to say that "anything the Congress does that would support the movement of riders into helmets would produce the desired effect of safety."

So, we are pleased that Representatives Sensenbrenner (WI), Ryan (WI), Rehberg (MT), Lanborn (CO), and Petri (WI) have all sponsored H Res 1498 today, and the Motorcycle Riders Foundation (MRF) hopes more of their colleagues will follow suit. The bill is a direct result of the MRF's spring ride to the capitol known as Bikers Inside the Beltway. A group from ABATE of Wisconsin brought this issue up with Congressman Sensenbrenner and he agreed to do the resolution.

Prior to 1996, NHTSA could and did send paid staff to State legislatures, uninvited, to testify in favor of State helmet laws. This irked the constituents and Members of Congress, who felt that it was a waste of tax payer money. They felt that the feds should not be able to use taxpayer moneys against the will of the taxpayers. So, Congress passed a law that forbids NHTSA staff from entering state assemblies uninvited. Sensenbrenner led the charge back in �96.

He had this to say about the issue "It is the job of Congress to defend the freedom and individual responsibilities that motorcycle riders across the nation enjoy as they travel the open roads of America," Congressman Sensenbrenner said. "Mr. Strickland's plan greatly concerns me as it is not the job of the federal government to create one-size-fits-all helmet laws. Mr. Strickland appears to be intent on pursuing all means possible to enact mandatory helmet laws, either at the federal level or by violating the principles of the 10th Amendment and bullying the States into enacting mandatory helmet laws."

Down the Road
It's with a heavy heart that we have to report this next bit, as many of you know, Sputnik Strain passed away last week. For those of you who aren't familiar with Sputnik's life work. I'll try to sum it up. Sputnik organized the State of Texas motorcyclists and convinced a bulk of them to run for elected office. He was so effective, that by 1996, the entire State House and Senate were run by biker majorities. It didn't matter to Sput if you were a Republican or a Democrat, just that you were a biker. They held the majority until just few years ago. It is, without question, a feat that has gone unrivaled in the motorcyclists' political world. Services for Sputnik Strain are going to be held July 10th, in Austin, Texas.
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Governors Highway Safety Association
Directions in Highway Safety Newsletter- Summer 2010 | Vol. 12 | No. 4 http://www.ghsa.org/html/publications/directions/2010/summer/index.html

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Rural Safety News -June 2010 - Vol. 4, No. 2

Rural Safety News is an electronic newsletter of the Center for Excellence in Rural Safety (CERS) at the University of Minnesota. Rural Safety News brings you the latest research and resources concerning rural safety. www.ruralsafety.umn.edu/publications/ruralsafetynews/2010/02/

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EPA Voids Certificates Approving Import of Up to 200,000 Small Recreational Vehicles /Agency may levy penalties
http://yosemite.epa.gov/opa/admpress.nsf/6424ac1caa800aab85257359003f5337/536947c975312e39852577520063c927!OpenDocument

List of Vehicles http://epa.gov/otaq/regs/nonroad/recveh/rec-vehicles-list.pdf

****************************************************************************

If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

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

New York Freedom Riders :: NY Legislation/news- 6/25/10

Author: karen
Subject: NY Legislation/news- 6/25/10
Posted: Fri Jun 25, 2010 11:50 am (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -6/25/10

Loss of a Great Teacher

Sputnik of The Texas Motorcycle Rights Association, passed away suddenly at approximately 5:00 AM on June 24, 2010. He was a powerful figure in the motorcycle rights arena and with people who had an interest in the fight.

Sputnik spoke at many seminars across the country over the years and to hear him speak is hard to put into words. You were moved, fascinated with the knowledge he had, and eager to do your best to fight for your rights. The most treasured time seemed to be after his presentations- speaking to him one on one. He always took the time to listen to your concerns and he gave you the tools you needed to conquer your issue whether big or small. There was a way to make it right.

Some consider him a leader; many know him as a great teacher. He wasn't going to do the work for you but he would give you the knowledge to fight for your rights yourself. The passion in his voice gave you the strength and desire to do it.

His teachings are still here. He was kind enough to compile what he had said to us in writings so we are able to pass on his knowledge to others. His "Five Steps to Freedom" - http://www.tmra2.org/5steps.shtml and his "Revolution -the Real Solution." http://www.tmra2.org/images/REVOLUTIONtherealsolution.pdf are a couple of his known works and recommended for all to read.

Sputnik will be missed dearly and we thank him for the time he spent with us, for the knowledge he shared, and how to look at ourselves honestly. Now we must learn to take his passion and determination and show others how it's done. Never stop fighting for your rights. Take your government back and make things right.

We thank you great teacher.

New York Freedom Riders.
*************************************************************
NEW YORK LEGISLATION UPDATES:
Helmet, Motorcycle, Gang, Rights: no updates

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES

http://www.abate.org/

ABATE of California
Smog Checks For Motorcycles - SB 435 scheduled to be heard in the Assembly Transportation Committee on June 28th!

SB 435 - Motorcycle Smog Check

Needs Your Attention Now!!!

SB 435 is currently scheduled to be heard in the Assembly Transportation Committee on June 28th. Due to strong ABATE opposition, all of the motorcycle smog check provisions from last year were stripped out and SB 435 has been amended to provide that if bikes don�t have mufflers with matching federal EPA noise standard labels, they can be cited for a $50-$100 fix-it ticket. That�s even if it's just parked on a street. An earlier version targeted model year 1983 and later with a $300 non-fix-it ticket and the latest amendment applies only to 2011 models so we're making some progress. The problem is that, even on brand new stock bikes, the EPA labeling isn't always easily visible or present at all so we still need to get that provision removed.

California Vehicle Code Sections 27150 and 27151 have already been on the books for 40 years and are used routinely for loud motorcycle exhaust violations. Under current law, if the mufflers are replaced with noise compliant ones, labels or not, and verified by peace officers, the citations are written off with a $25 court fee. If noise from motorcycles is what the legislature is trying to address, what's wrong with using the existing laws?

TAKE ACTION:

From now until the bill is heard (currently scheduled for June 28th) we need to get as many people and businesses as possible to do 2 things:

* Fax or snail-mail a Letter of Opposition to the Chair of the Assembly Transportation Committee and
* Call your own Assembly member and/or use their website contact form to request that they oppose the bill. If your Assembly member isn't on the Transportation Committee then request that they contact the Committee members to ask that they oppose the bill.

The Assembly Transportation Committee members are listed below and you can find your Assembly member here. Once you enter your zip code it'll display both your Senator and Assembly member, their phone numbers and website address. Go to their website to send a message via web form if a fax or phone call isn't feasible for you. This is more effective than sending an e-mail because they pay closer attention to the messages coming in from the website as they're harder to spam.

You can send a free fax right from your computer here. http://faxzero.com/
Download a sample Letter of Opposition in MS Word format here. http://www.abate.org/LinkClick.aspx?fileticket=p_LofXUUV4w%3d&tabid=73
Download a sample Letter of Opposition in PDF format here. http://www.abate.org/LinkClick.aspx?fileticket=Q0MoCnxo8is%3d&tabid=73

Here are some talking points but feel free to use your own:

* Based on studies done in other jurisdictions that have tried to enact similar laws it's been found that even on brand new stock motorcycles the EPA labeling isn't always visible or even present.
* The agency within the EPA that was responsible for administering the rules governing EPA noice labeling was dismantled in 1981 and so there's been no enforcement for almost 30 years.
* California Vehicle Code Sections 27150 & 27151 already are used to cite loud mufflers.
* Spending the money to enact redundant vehicle noise control laws when the state has a $20 billion deficit is irresponsible.
* Noise laws from all sources, like autos with noisy boom boxes or mufflers, loud house parties and construction equipment need to be enforced, not just targeting motorcyclists for subjective and discriminatory prosecution.
* There are many who contend "loud pipes save lives", including numerous police departments in California. The Oakland PD is even on record as saying so.

California Assembly Transportation Committee.
List: http://www.abate.org/IssuesLegislation/CurrentIssuesLegislation.aspx

There is a hearing scheduled for Monday, June 28th at 1:30 pm in Room 4202 at the Capitol. If it's at all possible for you to attend please do so - let them know we're watching and we care. We'll be sending out Action Alerts as more news becomes available, sign up for Action Alerts here. http://www.abate.org/IssuesLegislation/SignupforActionAlerts.aspx

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Connecticut
www.courant.com/community/east-hartford/hc-motorcycle-law-0623-20100622,0,544844.story

Law Requires Training Course For New Motorcycle Riders
7:04 p.m. EDT, June 22, 2010

EAST HARTFORD �
Inspired by a woman who lost her son in a motorcycle accident, a new law will require first-time motorcycle riders in Connecticut to wait a little longer before getting on their bikes.

Starting Jan. 1, all new riders will be required to take a 17-hour, $200 course before they can ride, according to legislation recently signed into law by Gov. M. Jodi Rell. Previously, the class was required only for those under age 18.

The law, designed to make motorcycle riding safer, passed with strong support in both the House and Senate. "It's going to go a long way to provide safe ridership and an educated ridership," said Rep. Timothy Larson, D-East Hartford, who introduced the bill. As it stands now, state law requires riders to pass a written test to get their permit and to take a road test to get their full license. The new law will require riders seeking a license to take the state Department of Transportation's novice motorcycle training course � six hours of class work and 11 hours of road training, administered over the course of several days. The road test will be included in the course.

The state's regulations on permits will not change. After passing the written test, a rider is issued a permit. The rider can then renew the permit once in a calendar year, according to the state Department of Motor Vehicles. Riders can legally drive with a permit for 120 days. The new rules will not apply to current license holders, or those who obtain licenses in other states.

The governor's signature on the bill marks the end of a nearly two-year fight for East Hartford resident Stephanie Pelletier, whose son, Nicholas Cohen, died in a motorcycle accident in 2008. He was 19 and was riding with only a permit. Pelletier believes that had he taken the course, he might not have collided with the minivan that killed him.

Pelletier said that finally having the bill become law has offered some measure of peace.

"I feel good," she said. "There are parts of me that are sad, but I'm happy if I can save even one parent from the pain that I feel every day. It was a tragedy to lose my son, but a positive thing has come out of it."

Last year, 37 riders and four passengers in Connecticut died from motorcycle-related injuries, according to the DOT.

DOT spokesman Kevin Nursick said that not everyone who takes the course passes, meaning that under the new law some people will be unable to get their license, a fact he called "regrettable but necessary."

The DOT has secured a federal grant to cover the $100,000 in initial costs resulting from the new law. After 2011, the classes will be funded mostly by student fees.
-----------------------------
Michigan
www.lenconnect.com/news/x383302505/Motorcycle-helmet-tickets-to-be-dropped

Motorcycle helmet tickets to be dropped

By Dennis Pelham
Daily Telegram
Posted Jun 24, 2010 @ 05:08 PM

ADRIAN, Mich. �
Motorcyclists fighting unapproved helmet tickets they received this spring from Adrian police were notified last week the cases are being dropped.

Legal issues brought up in Lenawee County District Court by an attorney for a motorcycle rights group are the same ones involved in a lawsuit in federal court in Grand Rapids, said Adrian City Attorney Sarah Osburn. Rather than leave the half-dozen tickets pending in Lenawee County District Court for months or years while the federal case is decided, she said, the tickets were dismissed.

Depending on the outcome of the federal lawsuit, she said, it is possible the tickets could be reinstated. But that has not been decided, Osburn said.

Helmet enforcement in Adrian this spring drew the attention of ABATE of Michigan Inc. An attorney for the state�s chapter of American Bikers Aiming Toward Education showed up for an April 20 hearing on a challenged helmet ticket in district court, along with about 20 local members of the group.

Osburn said she and Sgt. Lynn Courington, who wrote the helmet tickets, agreed to drop enforcement action until the federal lawsuit defines how the helmet law is to be applied.

Courington, a motorcycle instructor and enthusiast, said there was nothing personal about the enforcement actions or the decision to wait for legal issues to clear up.

�Whatever the law says to do, that�s what you do,� he said Wednesday.

Martin Richardson, one of the first motorcyclists to fight the helmet tickets, said he was happy to learn the city is dropping the cases.

�I did not think it was appropriate the way it was handled,� Richardson said. He said he felt his rights were being abused when he was stopped and his helmet taken for evidence, forcing him to wait for a friend to bring him another helmet before he could ride home.

A federal judge in Grand Rapids agreed in April to decide a claim by ABATE that Michigan�s helmet law is being illegally enforced by police who stop riders on suspicion of wearing an unapproved helmet. The group claims there is no method for police to determine if helmets meet federal Department of Transportation requirements without looking inside the headgear, making the stops illegal searches.
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New Hampshire
www.seacoastonline.com/articles/20100621-NEWS-100629969

Board backs motorcycle noise ordinance
By Shir Haberman
hamptonunion@seacoastonline.com
June 21, 2010 4:45 PM

NORTH HAMPTON � Despite the recommendation of Police Chief Brian Page, supported by three legal opinions, the Select Board last Monday declined to rule the new motorcycle noise ordinance unenforceable.

Instead, the board decided to try to contact lawyers representing the U.S. Environmental Protection Agency and/or ask the courts for a judgment on the ordinance�s legality.

The ordinance, passed by a margin of almost 2-1 at the May 11 town elections, prohibits the parking or operation in town of a motorcycle that does not have an EPA stamp on its exhaust system indicating it emits noise of 80 decibels or lower. Under New Hampshire state law, a motorcyclist is in violation if his vehicle emits more than 106 decibels.

�The town ordinance is trying to circumvent state law and is not enforceable,� Page told the selectmen Monday. �It would be ridiculous for me to direct my men to enforce it.�

Opinions obtained from the town�s legal counsel, Upton & Hatfield of Concord, Rockingham County Attorney James Reams and the Local Government Center of Concord, the organization that indemnifies the town against lawsuits, appear to corroborate the chief�s position.

�I feel that this petitioned ordinance is not legally enforceable because it exceeds the authority granted to municipalities under the controlling federal law,� wrote Matthew Serge of Upton & Hatfield in a May 13 letter to Town Administrator Steve Fournier. �The federal regulations referred to in the petitioned article relate primarily to motorcycle manufacturers and require those manufacturers to affix certain labels to motorcycles verifying that those motorcycles meet certain noise levels.�

Reams concluded the state has jurisdiction over motorcycle noise, not individual communities.

�The state has a comprehensive system for regulating motor vehicles, and I don�t think that (state law) RSA 31:39, Section (n), is intended to leave that area of regulation to the town,� the county attorney wrote in a May 13 letter to Page. �I think a fair reading of the statute is that towns can regulate noise made by anything other than motor vehicles.�

Kimberly Hallquist, a staff attorney with the LGC, in a letter written to Fournier dated May 28, indicated the ordinance as written actually has little to do with the noise a motorcycle makes.

�The ordinance in question is likely invalid in that it does not have a clear relation to promoting the public interest of lower noise levels or meet in an appreciable manner any relation to controlling noise,� Hallquist wrote. �In the ordinance as adopted, the actual noise level of the vehicle is immaterial to whether or not a violation exists.

�Indeed, a vehicle does not have to be emitting any sound at all to be in violation of the noise ordinance given that a vehicle that is merely parked may be in violation of the noise ordinance,� the LGC attorney wrote.

Of the approximately 20 people who attended last Monday�s Select Board meeting, only two spoke in favor of suspending enforcement of the ordinance.

�We�re trying to enforce something the chief says is unenforceable,� said resident Sandy Dewing. �I don�t want my tax dollars going to the Police Department just to have guys sitting around in court all day wasting money. This is absurd.�

Rick Fucci, owner of Route 1 Self Storage and a director of the North Hampton Business Association, pointed to the financial peril the ordinance represents for the town�s business community. At least one motorcycle group in the state has vowed to boycott local businesses if the ordinance is enforced.

�The North Hampton Business Association is not in favor of loud motorcycles (but) any ordinance can have a chilling effect, and this one will have a chilling effect on the three (motorcycle) dealerships we represent,� Fucci told selectmen. �While it is only a few motorcyclists who are creating the problem, motorcyclists function as a group and throw a lot of weight financially.�

However, several members of the audience who spoke indicated the opinions received from the legal sources might not be correct.

Planning Board Chairman Phil Wilson noted ordinances aimed at controlling motorcycle noise have passed court muster in other parts of the country, including Boston and Colorado.

�I have learned (from years of dealing with land-use laws) there are lawyers who are deal-breakers and those who are deal-makers,� Wilson said. �What the chief should have asked the lawyers is, �The townspeople have passed this ordinance, now how do we enforce it?� �

Wilson suggested the town should make an attempt at enforcing the existing ordinance and see what happens.

Larry Miller, who had the ordinance drafted by a private attorney and spearheaded its passage, called the legal opinion by Serge �worthless,� the one given by Reams �crap� and the LGC�s determination �a conflict of interest� because it was the organization that would have to pay any costs if the town lost a legal decision.

�If I were (sitting on the Select Board) I wouldn�t have the police chief telling me what to do, because he works for you,� Miller said. �The police chief is under the impression � and the state is (too) � that the state law is valid. I believe it�s not.�

Miller also took issue with the business association�s stand. He noted more than 85 percent of the taxes come from residential property taxpayers.

�You are the tail, we are the dog,� he told Fucci.

Under the provisions of the article, the motorcycle noise ordinance will not be implemented until July 11. The board instructed Fournier to try to get in touch with lawyers from the EPA for information on enforcing the ordinance and to investigate motorcycle noise ordinances passed in other states. �We�ve been dealing with this since 2001,� Page said. �From my review, it will be going on for a while longer.� ________________________________
www.seacoastonline.com/apps/pbcs.dll/article?AID=/20100619/NEWS/6190312/-1/NEWSMAP

Rye's rules for biker noise stay put
Town won't copy stricter N. Hampton law

By Charles McMahon
cmcmahon@seacoastonline.com
June 19, 2010 7:16 PM

RYE � Unlike their cross-town neighbors, Rye Police Chief Kevin Walsh said his department will continue to monitor motorcycle noise as it always has and will not attempt to follow the lead of North Hampton officials.

With summer beginning to kick into full gear and motorcyclists hitting Seacoast roadways, Walsh said his officers will do what they've always done and will continue to issue defective equipment tags to offenders.

In North Hampton, a motorcycle noise ordinance passed earlier this year calls noise from motorcycles "a chief contributor of ... excessive noise" in town and references an U.S. Environmental Protection Agency regulation that requires motorcycle manufacturers to attach a permanent label to their products stating they meet the EPA's noise emission requirements.

The controversial issue has angered motorcyclists and others, who claim the town ordinance is more restrictive that the state's. The maximum decibel level for the EPA sticker is 80, while the state standard is 106 decibels.

The ordinance has also raised many legal issues and its enforceability has been questioned.

Walsh said Friday that his department will continue to partner with state police and will hold several motorcycle noise checkpoints throughout the summer months.

Motorcyclists who are issued defective equipment tags for any variety of violations related to straight pipes or short pipes have four to six weeks to come back with the tag signed by an inspection state stating it meets all qualifications.

Walsh said if the motorcycles check out, the owners can return to the police station and provide proof. He warned if the motorcyclists don't follow through, a letter will be sent to the Department of Motor Vehicles and offenders could potentially have their license revoked.

Despite the process of visually inspecting suspect motorcycles being time consuming, Walsh said the process works.

The police chief said he's noticed a change since checkpoints were instituted and estimated about 99.9 percent of motorcyclists are now compliant with the law.

"I can see some change in driving habits already," he said.

Walsh said he's aware of the North Hampton ordinance, but called it "extremely complicated."

Aside from the many legal questions it raises, Walsh said it would surely be difficult to prosecute and would eat up time for police officers, prosecutors and the court system.

"I want to get the result people can see now and I want to work with motorcycle drivers," he said.
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South Carolina
ABATE of SC: http://abatesc.org/web/

Myrtle Beach Exhaust Ordinance
Thursday, 17 June 2010 12:28

As everyone knows the Supreme Court of South Carolina invalidated many of the anti-motorcyclists ordinances passed by the City of Myrtle Beach . However a few of the ordinances remain, one of which is the exhaust ordinance. Myrtle Beach has passed an exhaust ordinance which is far stricter than that enacted by the state legislature. The result of this is that motorcyclists whose exhaust systems are legal everywhere else in the State of South Carolina can be ticketed in Myrtle Beach and in some instances have their property confiscated.

On Tuesday, The Law Offices of Tom McGrath filed suit in Horry County asking that the court find the ordinance to be unconstitutional and therefore invalid. The plaintiff�s in the law suit are numerous residents of the City of Myrtle Beach as well as ABATE of South Carolina, Inc. and ABATE of South Carolina, Inc., Horry County Chapter.

As always thank you for supporting the rights of motorcyclists everywhere. I will provide updates as the information becomes available.

Matt Danielson
Tom McGrath's Motorcycle Law Group
Virginia Coalition of Motorcyclists
1-800-321-8968

NOTE: Summons and Complaint FILED-06.15.10.
PDF 10 pages:
http://abatesc.com/web/attachments/325_Summons_and_Complaint_FILED_-_06.15.10.pdf

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NEW REPORTS

Ride 2 Repeal . COM - How to Build a Biker-Friendly Legislature - http://b4bs.net/
Monday, June 21, 2010

Stopping Power
We are putting the brakes on helmet laws. That takes stopping power, and that's exactly what the RIDE2REPEAL.COM approach is all about. To better explain this, let's use a "panic stop" as an example.

Imagine you're riding along, minding your own business. Suddenly there's a deer in the road, right in front of you. Unless you hit the brakes pronto, you're going to get a face full of deer salad sandwich.

So you do what comes natural. You plant both feet on the ground and try to drag yourself to a stop. But there's just one problem ... it's not very effective. Sure, you'll eventually stop, but you can't generate enough friction to avoid hitting Bambi.

Fortunately, your ole' lady is on the back of the bike, and you're damn glad she's a "big beautiful woman." So you both dig in your heels. After all, there's strength in numbers, right?

But again, same problem. Not enough stopping power.

Let's suppose you planned ahead, because you knew it was deer season again. Happens same time every year, so why not be prepared?

This time you have a trailer on your bike. And on board you have a few people who are doing everything they can to stop the whole complicated careening contraption.

Some folks are dragging sticks on the ground, while others are throwing ballast overboard. Fortunately the bike trailer has some real thinkers on board, too. They brought a PA system, and they're calling for all passers-by to help stop the crazy train.

And since you now have a sidecar too, other folks are reaching up front to "help" by grabbing the handlebars, or even throwing themselves in front of the tires. Even your mother-in-law is there, giving you driving tips in that charming "I told you so" way she has. Every little bit helps, you would think.

Of course we all know about brake levers and brake pedals. And most of us know that the front brake has 80% of your stopping power. Just one finger of squeezing or one tap of the toe ... in the right place at the right time ... will do more than all the hollering and stick dragging in the world.

The helmet law is a lot like that deer in the road, inconveniently right in your face. And working for biker-friendly candidates during the upcoming election is just like the braking system. It works really well, but only if you use it.

To break it down even further, there are different kinds of volunteering, just like there are different kinds of brake controls. If you knock on doors and make phone calls, it's like using the rear brake. Pretty good in most situations, and definitely the best to use when you're at the very end of the ride.

The real power comes from the other kind of volunteering, and that's delivering campaign signs. Mainly, because it's so easy to do. Just get a list of addresses and a box of signs. Then it's just going for a ride to deliver them, not unlike a poker run. Find the house, pop it into the ground, and ride off to the next one.

Yeah, we've been fighting the helmet law the good ole' fashioned way for DECADES. And if we keep dragging our feet and hollering at bystanders, we're going to keep winding up as "Deer John" at the end of the day. It is time for a totally new approach.

Bottom line: If you do nothing but campaign work, you will repeal the helmet law. But if you do everything EXCEPT campaign work, you will not.

It's easy to get started. Just visit RIDE2REPEAL.COM and click on the ELECTIONS tab at the top of the page. (Don't see it? Click HERE.)

Select your state from the menu, and click on the GREEN candidate's name. This is someone who supports adult helmet law repeal, plain and simple. Clicking will take you to their campaign website, where you can enlist as a volunteer. Help them win, and get one step closer to restoring your rights.

Now who's hungry for some venison?

- RIDE2REPEAL@gmail.com
Posted by Sturdi at 1:32 PM
-------------------------------------------
www.traffictechnologytoday.com/news.php?NewsID=22710

License plate cameras log 200 journeys per UK motorist
23 June 2010

The UK Government�s vehicle license plate recording system has approximately recorded the last 200 journeys by every vehicle owner in the country. This information comes following the release of data obtained by the Automatic Number Plate Recognition database (ANPR), which comprises a network of 4,000 cameras.

The database � which contains 7.6 billion records � is updated with 14 million license plate images per day, equating to every one of the 38 million UK motorists being logged by approximately 200 images.

In the 1990s, the system was deployed as a means of monitoring traffic but former Home Secretary, Jacqui Smith, relaxed the rights to the information in 2008. The traffic aid has now progressed to more than just catching speeding motorists and is also used to detect uninsured drivers, for fighting terrorism, and for catching untaxed and stolen vehicles.

Once collected, the data can remain on record for up to five years, which, it is argued, will cause concern for those who are worried about their details getting into the wrong hands.

NOTE:
AAMVA Region II Conference Presentations Now Available Online www.aamva.org/Publications/TWiR/2010/Month06/Day28/RegIIPresentations.htm

License Plate Readers: Success & Expanding Technology Presentation: License Plate Reader - Florida Update/Boyd Walden, Florida

PPT 27 pages:
http://www.aamva.org/aamva/DocumentDisplay.aspx?id={631E59B1-F926-4757-96BB-580720734BEC}

****************************************************************************

If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

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

National Bikers' Rights :: Sputnik has passed away

Author: MissPenny
Subject: Sputnik has passed away
Posted: Thu Jun 24, 2010 3:36 pm (GMT -4)
Topic Replies: 1

Sputnik passed away this morning from massive heart failure. The Biker Nation and our country have lost a true Warrior and a man of extraordinary character. A brave man that stood for justice and freedom, no matter the cost.

I will post additional info as I get it.
_________________
Penny Adams
Virginia Freedom Riders - Legislative Officer

"Government is too big and too important to be left to the politicians."
Chester Bowles (1901 - 1986)

Events :: POKER RUN JULY 17, 2010

Author: Sharon
Subject: POKER RUN JULY 17, 2010
Posted: Wed Jun 23, 2010 12:01 pm (GMT -4)
Topic Replies: 1

ABATE of VA, Culpeper Chapter will host a poker run Saturday, July 17, 2010. Sign up at the Cycle Center, 13388 Lovers Lane, Culpeper, VA
from 10:00 to 11:00 a.m. 100 mile scenic ride (no dirt roads), ending in Amissville, VA, with food and beverages available at ride end. $15 per hand, cash prizes! Call Sharon 540-937-3924 for more info

Come help us celebrate Andy's birthday with The Ronnie Johnson Band, bonfire, and camping also at ride end
_________________
Sharon Keaton
VA Freedom Riders
ABATE of VA

New York Freedom Riders :: NY Legislation/news- 6/11/10

Author: karen
Subject: NY Legislation/news- 6/11/10
Posted: Fri Jun 11, 2010 9:46 am (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -6/11/10

NEW YORK LEGISLATION UPDATES:

Helmet, Motorcycle, Gang: no updates
Senate Committee Agendas have not been posted.

Rights

S6005A [A6468C] UPDATE
Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition
Status:
06/08/2010 1ST REPORT CAL.839
06/09/2010 2ND REPORT CAL.
06/10/2010 ADVANCED TO THIRD READING
-------------------------------

NEW YORK NEWS

IMMEDIATE RELEASE
New York Freedom Riders
www.newyorkfreedomriders.com
June 10, 2010

New York State and Local Law Enforcement Forcing Motorcycle Helmet Manufacturer Standards onto the Consumer

New York State law enforcement agencies have started their motorcycle only checkpoints and one of the main things they will be looking for is non-compliant helmets. New York State Police Acting Superintendent John P. Melville stated in a press release that ��We know that the primary cause of a motorcycle fatality is a head injury, therefore we will seek to ensure every rider, every time, has a proper DOT compliant helmet." (1) Currently Chief Peter Miller and Lt. James Halvorsen are training local law enforcement agencies on motorcycle laws along with how to identify compliant helmets. New York State law enforcement can not determine if a helmet is compliant just by looking at it.

The National Highway Traffic Safety Administration or the Department of Transportation does not approve helmets or have the authority to certify helmets.(2) The Department of Transportation is only authorized to determine if a helmet meets manufacturer standards by randomly purchasing a helmet from the marketplace and having it tested at independent test labs. The DOT does not test any helmet after the point of sale because once a helmet is sold to the consumer it becomes the private property of that person and is no longer subject to federal manufacturing requirements. If DOT does not have regulatory authority after the point of sale, it can not pass authority to any state or local governments to determine if a helmet meets manufacturer standards.

The New York Freedom Riders contacted over thirty police and sheriff departments requesting if they had any motorcycle helmet recall notices, any laboratory tests for motorcycle helmets or any NHTSA formal certifications on non-compliant motorcycle helmets. We were unable to find one police department in possession of this information. (3)

The New York Freedom Riders feel New York State Law Enforcement does not have the authority to force manufacturer standards onto the consumer and should cease pulling over motorcyclists because they feel the helmet worn is illegal. Motorcycle helmets do not have to have a DOT sticker, a certain amount of padding or labels inside the helmet. If the consumer chooses to remove any of these items, they have that right because it is their private property.

We would like to remind all motorcyclists never to consent to a voluntary search of your person or bike, or take off your helmet. If law enforcement requests to look at your helmet, ask them for a search warrant. Many times an officer will persist or will say to you something similar to �if you don't have anything to hide, why object to a search?". This should be met with the response that you do not consent to any searches of your private property. (4)

For further information visit our website at: www.newyorkfreedomriders.com or email us at: nyfreedomriders@localnet.com .

(1) www.nydmv.state.ny.us/press/pr060310.htm
(2) http://www.nhtsa.gov/cars/rules/import/FAQ%20Site/pages/page3.html
(3) http://www.newyorkfreedomriders.com/FOIL.htm
(4) http://www.newyorkfreedomriders.com/MCckpntURrghts.htm

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES

MN- From ABATE of Minnesota: www.abatemn.org/news/new-vertical-plate-law-812010

New Vertical Plate Law 8/1/2010
A Victory for Custom Motorcycle Riders and Builders in Minnesota

Some of you may remember that the Minnesota State Patrol brought some concerns about vertical license plates to the Minnesota Legislature during the 2008 session. The state patrol, like many other police agencies, use license plate scanners in their patrol cars that can read up to 1,000 plates per minute, the problem was they couldn't read the vertical plates on motorcycles or cars. It didn't take too much to sneak this law through and after the 2008 session vertical plates were illegal, but not for long.

Our State Coordinator got together with A.B.A.T.E. of Minnesota's lobbying team and they started to work the problem. That is when our good friends State Senators Amy Koch and Ray Vandeveer stepped forward to carry our bill.

This wasn't an easy slam dunk, the state patrol didn't want to give up its ability to read motorcycle plates and Mack 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 new law hit the Governor's desk and he signed it into law. We should also send out a special word of thanks to Senator Steve Murphy for helping move this bill through his Transportation Committee.

Here is how it works. The DVS will start to 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. If you have something to hide from the law it doesn't matter what kind of plate you are running and I can't help you. Riders can start placing orders with the DVS in July and the new law will take effect August 1st. The plates can be ordered just like vanity plates, veteran plates, etc. You will have to pay an extra fee for the plate but if you run vertical plates 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.

There are a couple of lessons to be learned from this whole experience. The first is pretty simple; it pays to have friends down at the State Capitol. Those letters, emails, and personnel contacts have really paid off and having 1,000 boots on the ground for Bikeday helped make a difference as well.

The second lesson, guard well your freedom, once gone its hell to get back. The bottom line is we need to keep a full time presence at the Capitol so pesky little laws like this one don't fly under our radar. You can change a law back but you always seem to lose a little bit of freedom when you do.

Please feel free to contact me with any questions or comments and thank you for supporting freedom of the road.

Todd Riba
A.B.A.T.E. of MN Legislative Director
952-239-0929
--------------------------------------------------------
From New Hampshire Motorcycle Rights Organization: http://www.nhmro.org/index.html

$100,000 Taken from the Motorcycle Education Fund to Help Balance State Budget

June 10, 2010: It has come to our attention that $100,000 has been taken from the Motorcycle Education fund in order for the State to balance the budget. Keep in mind that $5 of your motorcycle license fee goes towards this fund and $1 of your registration fee for the purpose of funding the Motorcycle Rider Training program. The training program is currently offered at a price that allows for attracting as many people as possible. NHMRO has been a strong advocate of this training program as a means to increase motorcycle safety for our motorcyclists.

Given the amount of motorcycle accidents and fatalities that have occurred already in 2010, we must not allow this to happen. The money raised through our license and registration fees must go directly to purpose it was intended for and no other. We can not stand idle and watch the most effective tool used for our safety be threaten by lack of funding - funding that we already have and will continue to pay through the fees already mentioned.

It is crucial for all of the motorcyclists in New Hampshire to pay close attention to the list of candidates that will be running for office this next term. Contact them to see where they stand on protecting your rights as motorcyclists. We are a very politically savvy group of "bikers" here in New Hampshire - let's not let these things happen again.
-----------------------------------------------------------------------
www.traffictechnologytoday.com/news.php?NewsID=22338
Oklahoma to deploy phototicketing cameras statewide

The US state of Oklahoma is preparing an unprecedented statewide deployment of automated ticketing machines designed to generate US$95 million in revenue. Instead of using red light cameras and speed cameras, the Oklahoma Department of Public Safety (DPS) is preparing to sign a contract with a company that will track all passing motorists with a network of at least 20 ALPR cameras. The devices would also generate additional revenues by issuing US$250 citations for expired insurance using the Oklahoma Compulsory Insurance Verification System (OCIVS) database that went live in July 2009.

The proposal includes a requirement for the ability to keep daily statistics and related data on vehicles for which license plate data was captured, which could include logging the date, time, and location any particular vehicle passes a stationary camera. The two largest red light camera vendors, Australia�s Redflex Traffic Systems and American Traffic Solutions (ATS), offer a nationwide tracking service that uses automated ticketing machines. ATS has filed a bid for the Oklahoma contract along with several other companies including InsureNet.

The winning company would install, test, maintain and operate the cameras. It would mail tickets to vehicle owners. It would run a toll-free hotline and conduct hearings where motorists would contest camera tickets before a camera company employee instead of a judge. It would also collect fines and generate statistics. In return for the right to issue tickets, the company would pay DPS a bounty on each citation collected.

9 June 2010
-------------------------------------------------------

SC- Myrtle Beach Helmet law DEFEATED! June 8, 2010
Read opinion:
26825 - Aakjer, et al v. City of Myrtle Beach http://www.judicial.state.sc.us/opinions/displayOpinion.cfm?caseNo=26825

From ABATE of SC: http://abatesc.org/web/
Myrtle Beach: Helmet "Encouraged" signs
Written by Fred
Thursday, 10 June 2010 21:23

Instead of taking down the helmet required signs, they modified the signs with "required" replaced by a sticker that says "encouraged". [Picture of sign at website: wording- City of Myrtle Beach- Helmet Encouraged]
------------------------------------------------------

www.ama-cycle.org/news/story.asp?id=2017
Utah Highway Patrol speaks out regarding motorcycle checkpoint Posted June 9, 2010

On May 30, starting around 3 p.m., the Utah Highway Patrol conducted a motorcycle-only checkpoint on Interstate 80 near the Miller Motorsports Park. The date and time were such that the checkpoint stopped fan traffic leaving the facility following a U.S. round of the Hannspree FIM Superbike World Championship.

The timing of the checkpoint and discriminatory nature of the action -- only motorcyclists were stopped -- were troubling. Indeed, an already difficult traffic situation was made far worse by the checkpoint.

Although cooler heads prevailed, and the checkpoint was called off after approximately two hours, a number of motorcyclists contacted the AMA with questions, and the AMA contacted the Utah Highway Patrol to get answers.

Below is the statement provided by the Utah Highway Patrol on June 9 regarding the incident:

Thank you for your correspondence to the Utah Highway Patrol in reference to our checkpoint in Tooele County during Memorial Weekend. We have been receiving on a daily basis correspondence from our constituents and from people from all over the United States in regards to this checkpoint. Many were upset and others just wanted to know the reason behind our educational checkpoint. We will provide you a copy of the correspondence we have been utilizing to respond to our constituents. Please feel free to forward our response to the motorcyclists who attended the event and are inquiring about it. In our response, we provide an explanation for our actions, our intentions and an apology for our honest intent. Even though we conducted this checkpoint during Memorial Weekend to educate and save lives, we still had only one fatal accident in the entire State of Utah during the holiday and it was a motorcycle rider. Let me know if you need anything else but I think our response answers most of your questions.

Thank you for your correspondence to the Utah Highway Patrol. I've been asked to reply to your concerns regarding the traffic checkpoint on Sunday, May 30th in Tooele County. First let me apologize for any inconvenience we may have caused you or anyone attending the racing event on Sunday afternoon. We had targeted Memorial Day Weekend to do our best to keep the number of fatalities in Utah down. We identified three factors which lead to many deaths in Utah and wanted to try and make an impact on these factors. The areas we were focusing on were DUI enforcement, occupant restraint and motorcycle education. On Friday and Saturday night the Highway Safety Office conducted a DUI checkpoint in Utah and Davis Counties with the Utah Highway Patrol participating. On Sunday a motorcycle checkpoint was conducted in Tooele County.

The intent of the checkpoint was to redirect as many motorcycles as there were officers participating (7-10), to the side and have a brief (a few minutes) discussion about motorcycle safety issues such as proper displacement, helmets, equipment, and safety of the motorcycle. If 7-10 motorcycles were pulled over then all other motorcycles and passenger vehicles were allowed to travel through without interruption as well. It appears that many motorcycles did not understand they could travel through and stopped. According to the operations plan this was not suppose to create a burden for motorists and was not to be time consuming for motorcycle operators. The checkpoint started at 3 PM and went well for over an hour until the major event ended and a tremendous volume of traffic hit the checkpoint around 4:30 PM. We obviously underestimated the number of vehicles and created an unexpected large back up for motorists. When it became apparent the checkpoint was creating a large traffic backup it was opened immediately. At 5:12 PM the all signs were pulled out of the road and the checkpoint was in the beginning stages of being taken down. It was then determined that because of the amount of traffic, it would create a burden to the public, and the checkpoint was not re-established and canceled for the remainder of the night.

Please forgive us for our oversight. It was certainly not our intent to bring a negative aspect to the tremendous event being held in Tooele County, or to our state. Our intention was to educate riders on safety issues and try our best to reduce the rising rate of deaths on Utah roadways from motorcycle riders. The rate of deaths of Utah motorcycle riders is the only fatality rate which is increasing while every other category is decreasing. We would never do anything intentionally to put a negative spin on such an event as this. It was an honest attempt to try and focus on motorcycle operator's safety. Please rest assured, this has been a learning experience for our agency and it will not happen again.

Sincerely,

Sgt. David Moreno
Utah Highway Patrol
-------------------------------------------------------------
http://www.vcjtc.state.vt.us/highwaysafetytrack.htm

Vermont now has "motorcycle safety and enforcement training workshop" for law enforcement listed under �Motor Vehicle & Highway Safety Training� [motorcycle only safety checkpoints/roadblocks]

The instructor training information has been pulled.

Vermont: http://www.vcjtc.state.vt.us/motorcycle.htm
NOTE: LINK NO LONGER WORKS

MOTORCYCLE SAFETY & ENFORCEMENT TRAINING � Instructor training: Length of course: 2 days / Course hours: 16 hours
Location: Vermont Police Academy
Date/Time: March 30 & 31, 2010 / 0800-1630 hrs.
Tuition � Commuting student cost $35.50

- Overnight student cost $71.00
- Course materials are Grant funded.

Registration: Contact the VT Police Academy / In-service training application required and fax to 802-483- 2343.

Pre-Requisite for Enrollment: This class is open to experienced police officers who are preferably motorcycle riders and want to teach motorcycle safety. *Please bring a copy of your Title 23 for reference if you have one, if not copies and a motorcycle inspection manual will be provided at the class. Minimum number to hold class: 10 / Maximum number in class: 18 Course info�Despite our best efforts motorcycle fatalities around the country continued to rise. There were 5,290 fatalities in 2008, which rose two percent over the 5,174 in 2007, and 96,000 motorcyclists were injured in 2008. Vermont reports 37 % of their motorcyclist killed were .08 % BAC or greater. Motorcycle fatalities continue to rise across the country for the twelfth straight year.

The workshop is intended for police, highway safety officers, traffic enforcement personnel and commanders, and others working in the area of motorcycle safety. Specifically, it is for personnel who are likely to:

1) Train other police officers on motorcycle enforcement issues within their jurisdiction;
2) Plan, sponsor, and implement motorcycle safety and prevention program for community law enforcement projects; and/or,
3) Are involved in motorcycle safety training, public education and conducting traffic safety enforcement details.

This workshop will introduce you to national and state specific motorcycle enforcement issues and best practices to reduce motorcycle fatalities and injuries. Specific enforcement issues to be covered are as follows:

� Officer & Motorcyclist Safety
� Strategies for Stopping Motorcycles & Avoiding Pursuit
� Motorcycle Laws
� DUI/Impairment Detection
� Licensing � Motorcycle Endorsements
� Required Motorcycle Equipment
� Non-compliant helmet

This material will be covered through an active training workshop environment. We will use a variety of formats that encourage discussion and participation that will take advantage of the experiences of the participants. On day two each trainer participant prepares themselves to share the course material with their fellow officers by presenting a portion of the course, and leave with the resources to address community motorcycle public education issues.

Materials for this project are supported by cooperative agreement DTNH22-07-H-000160/003 awarded by the Department of Transportation (DOT) National Highway Traffic Safety Administration (NHTSA).
Grantee: International Association of Directors of Law Enforcement Standards and Training (IADLEST) www.iadlest.org

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS

Medical and Economic Cost of North Dakota Motor Vehicle Crashes May 2010 PDF 25 pages: http://www.ugpti.org/pubs/pdf/DP225.pdf

-----------------------------------------------------------
Fatality Analysis Reporting System (FARS) Data Resource Websites Enhancements June 9, 2010

The U.S. National Highway Traffic Safety Administration�s National Center for Statistics and Analysis has made a series of navigation enhancements to its FARS data resource websites that now more easily allow users to find and access information included in the Customer Automated Tracking System (CATS), the FARS Encyclopedia Reports and Query sites, and the State Traffic Safety Information (STSI) website.

http://www-fars.nhtsa.dot.gov/Main/index.aspx

****************************************************************************

If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

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

New York Freedom Riders :: NY State/Local LEO Forcing mc Helmet Manufacturer Standards

Author: karen
Subject: NY State/Local LEO Forcing mc Helmet Manufacturer Standards
Posted: Thu Jun 10, 2010 8:09 pm (GMT -4)
Topic Replies: 0

IMMEDIATE RELEASE
New York Freedom Riders
www.newyorkfreedomriders.com
June 10, 2010

New York State and Local Law Enforcement Forcing Motorcycle Helmet Manufacturer Standards onto the Consumer

New York State law enforcement agencies have started their motorcycle only checkpoints and one of the main things they will be looking for is non-compliant helmets. New York State Police Acting Superintendent John P. Melville stated in a press release that ��We know that the primary cause of a motorcycle fatality is a head injury, therefore we will seek to ensure every rider, every time, has a proper DOT compliant helmet." (1) Currently Chief Peter Miller and Lt. James Halvorsen are training local law enforcement agencies on motorcycle laws along with how to identify compliant helmets. New York State law enforcement can not determine if a helmet is compliant just by looking at it.

The National Highway Traffic Safety Administration or the Department of Transportation does not approve helmets or have the authority to certify helmets.(2) The Department of Transportation is only authorized to determine if a helmet meets manufacturer standards by randomly purchasing a helmet from the marketplace and having it tested at independent test labs. The DOT does not test any helmet after the point of sale because once a helmet is sold to the consumer it becomes the private property of that person and is no longer subject to federal manufacturing requirements. If DOT does not have regulatory authority after the point of sale, it can not pass authority to any state or local governments to determine if a helmet meets manufacturer standards.

The New York Freedom Riders contacted over thirty police and sheriff departments requesting if they had any motorcycle helmet recall notices, any laboratory tests for motorcycle helmets or any NHTSA formal certifications on non-compliant motorcycle helmets. We were unable to find one police department in possession of this information. (3)

The New York Freedom Riders feel New York State Law Enforcement does not have the authority to force manufacturer standards onto the consumer and should cease pulling over motorcyclists because they feel the helmet worn is illegal. Motorcycle helmets do not have to have a DOT sticker, a certain amount of padding or labels inside the helmet. If the consumer chooses to remove any of these items, they have that right because it is their private property.

We would like to remind all motorcyclists never to consent to a voluntary search of your person or bike, or take off your helmet. If law enforcement requests to look at your helmet, ask them for a search warrant. Many times an officer will persist or will say to you something similar to �if you don't have anything to hide, why object to a search?". This should be met with the response that you do not consent to any searches of your private property. (4)

For further information visit our website at: www.newyorkfreedomriders.com or email us at: nyfreedomriders@localnet.com .

(1) www.nydmv.state.ny.us/press/pr060310.htm
(2) http://www.nhtsa.gov/cars/rules/import/FAQ%20Site/pages/page3.html
(3) http://www.newyorkfreedomriders.com/FOIL.htm
(4) http://www.newyorkfreedomriders.com/MCckpntURrghts.htm

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

New York Freedom Riders :: NY Legislation/news- 6/04/10

Author: karen
Subject: NY Legislation/news- 6/04/10
Posted: Fri Jun 04, 2010 9:43 am (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -6/04/10

NEW YORK LEGISLATION UPDATES:

Helmet, motorcycle: no updates

Rights

On Senate Codes agenda June 8, 2010
S6005A [A6468C]
Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition

On Senate Transportation agenda June 8, 2010
S6789 [A10014]
Requires the suspension of a driver's license for an accident caused by the failure to yield the right of way and such failure results in the death of a person
-------------------
Gang

A11087 [no same as] - UPDATE
AN ACT to amend the executive law, in relation to establishing a gang assessment, intervention, prevention and suppression program
Status: 06/03/2010 reported referred to ways and means
-------------------------------

NEW YORK NEWS

www.cbs6albany.com/news/police-1274364-troy-music.html

Beware blasting music from cars in Troy: police begin crackdown
May 28, 2010 2:35 PM

TROY -- Troy Police are warning residents that they will be issuing tickets beginning this weekend to those who play loud music from their vehicles and violate noise ordinances.

Police will be utilizing sound meter technology, issuing tickets and towing vehicles in violations of the ordinance; police will also be cracking down on noise-enhanced mufflers on motorcycles.

""As the better weather is upon us the problem of loud music emanating from vehicles can affect the quality of life in our neighborhoods," said Troy Police spokesperson Sgt. Terry Buchanan."We take this issue seriously, as we know our residents do, and are committed to help maintaining peace and quiet."
---------------------------------
DMV
www.nydmv.state.ny.us/press/pr060310.htm
FOR IMMEDIATE RELEASE:
Thursday, June 3, 2010

JUNE IS MOTORCYCLE SAFETY AWARENESS MONTH
Motorists and Riders Urged To Be Safe and Share the Road

In 2008, there were nearly 5,400 motorcycle crashes in New York State. Motorcycle fatalities increased by almost nine percent from 2007 to 2008, although preliminary data does show a decrease in motorcycle fatalities between 2008 and 2009. The second most common factor in these crashes was failure to yield the right of way. Between 2008 and 2009 there was an increase of motorcycle registrations of almost ten percent.

With those statistics in mind, Commissioner David J. Swarts of the Department of Motor Vehicles and Chair of the Governor's Traffic Safety Committee, members of law enforcement and motorcycle safety trainers today held an event in Colonie, New York to remind motorists to watch for motorcycles on the roadways and encourage motorcycle riders to be properly trained.

"With the warmer weather upon us, we see an increased number of motorcycles on our roadways," said DMV Commissioner Swarts. "Riding a motorcycle is more than a hobby and bikes are not toys. They are as much a part of our transportation system as are cars and trucks. We also remind motorists to watch out for motorcycles and encourage motorcyclists to get proper training so they can be prepared for every ride."

"We provide protection for all of the motoring public, however, there are times when we need to concentrate our efforts at specific times and places to maximize safety," said New York State Police Acting Superintendent John P. Melville. "With the warmer weather, the traffic mix will certainly include more motorcyclists. By their very nature these highway users are not afforded the protection of a typical car or truck, therefore we are asking the public to "look twice for motorcycles". And just as we ask the public to ensure their seatbelts are fastened, with our "Click It or Ticket" campaign we also want to emphasize to the motorcycling community that we take the same zero tolerance approach with non-compliant DOT helmets. We know that the primary cause of a motorcycle fatality is a head injury, therefore we will seek to ensure every rider, every time, has a proper DOT compliant helmet."

In 2008, more than 14,500 students were trained in the Basic Rider Course statewide. The course is a 15-hour training program including classroom and on-motorcycle instruction. It is designed for beginner and re-entry riders and allows them to learn or review basic riding skills.

Since the DMV began offering the road test waiver benefit in 1996, more than 100,000 motorcyclists have taken the Basic Rider Course in New York State. Approximately one quarter of all new motorcycle licenses issued in 2008 were earned by completing the Basic Rider Course.

As part of its continuing effort to encourage motorcyclists to participate in appropriate training the DMV recently completed a DVD entitled "Learning is For Life" which was also introduced at today's event. The 5-minute video was produced for the Department in cooperation with the Governor's Traffic Safety Committee with funding from the National Highway Traffic Safety Administration. It is intended for use by traffic safety professionals, traffic safety boards, law enforcement, motorcycle rider organizations, motorcycle dealerships and other organizations that interact with motorcyclists on a regular basis. This expansive network will be able to screen the video at public events, as part of traffic safety initiatives and other venues where motorcyclists can be reached and encouraged to enroll in rider education.

More information on motorcycle safety can be found by visiting the DMV's Web site at nysdmv.com or the Governor's Traffic Safety Committee Web site at SafeNY.com. To view the 'Learning is For Life' video, please visit nysmsp.org. ### ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES

Maine:
http://www.mecalm.org/
Maine Citizens Against Loud Motorcycles

MAINE STATE POLICE MAKE CONVICTIONS EASIER FOR MOTORCYCLE EXHAUST TAMPERING

Several MECALM activists met on May 18, 2010 with Col. Patrick Fleming, head of the Maine State Police, and Lt. Brian Scott, who heads traffic safety. Lt. Scott passed out copies of a revision to Sec. 1. 29-A MRSA 1912, sub-1, which will go into effect in July 2010. Under the muffler requirement (3. Amplification prohibited) the words "to amplify" have been removed from the state inspection regulations.

Lt. Scott said that this will increase the likelihood of getting a conviction in court because it will no longer be necessary to show that the violator modified the exhaust with the specific intent to amplify noise.

Col. Fleming said he would explain this change in regulations at a June 2010 meeting with the Maine Chiefs of Police Association.

It's possible this seemingly minor change will encourage police chiefs and sheriffs to increase efforts to enforce laws that are supposed to regulate motorcycles. Police are clearly unwilling to bring cases that will likely be thrown out in court.

Lt. Scott was to make a presentation on the rule changes to the Maine Chief of Police Association in June, and was to inform all state troopers via email.

MECALM asks all police departments to consistently enforce Maine state law, which makes it illegal to remove, modify, or tamper with a bike's original muffler in a way that makes it louder.
--------
NOTE: http://www.mainelegislature.org/legis/bills/bills_124th/chapters/PUBLIC639.asp

An Act Relating to Road Noise
Be it enacted by the People of the State of Maine as follows:

Sec. 1. 29-A MRSA �1912, sub-�1, as enacted by PL 1993, c. 683, Pt. A, �2 and affected by Pt. B, �5, is amended to read:

1. Muffler required. A person may not operate a motor vehicle unless that vehicle is equipped with an adequate muffler properly maintained to prevent excessive or unusual noise. For purposes of this subsection, �excessive or unusual noise� includes motor noise emitted by a motor vehicle that is noticeably louder than similar vehicles in the environment.

Sec. 2. 29-A MRSA �1912, sub-�3, as enacted by PL 1993, c. 683, Pt. A, �2 and affected by Pt. B, �5, is amended to read:

3. Amplification prohibited. A person may not operate a motor vehicle with an exhaust system that has been modified [to amplify- removed] when the result of that modification is the amplification or increase [the-removed] of noise emitted by the motor above that emitted by the muffler originally installed on the vehicle.

Sec. 3. Working group; excessive highway traffic noise. The Department of Public Safety, Bureau of State Police shall convene a working group to study issues relating to highway traffic noise, including, but not limited to, unwarranted noise created when an exhaust system is not properly installed or maintained or is altered. The working group must include representatives from municipal and county law enforcement, a commercial motor carrier association, the Department of Transportation, the Maine Turnpike Authority and a neighborhood or neighborhood association affected by highway noise. The working group shall submit a report, including findings and recommendations, to the joint standing committee of the Legislature having jurisdiction over transportation matters no later than January 15, 2011.

Effective July 12, 2010
------------------------------------------------------------------------
Taken from Rhode Island Motorcycle Association:
http://www.rimotorcycle.com/index.php

NEWS

5/30/10 Woonsocket to give verbal warnings for loud noise violations, however after June 14th expect to be ticked. First offense $100. New Police Chief brags about hundreds of tickets handed out in Florida while he was there. See our legislative page for link to actual ordinance.

Woonsocket- noise:
Sec. 14-5. Noise.

Vehicles as used in this section shall be those as defined in Rhode Island General Law 31-1-3.
(b) In accordance with Rhode Island General Law 31-23-13, it shall be unlawful for any motor vehicle to operate without a muffler.
------------------------------------------------------------------------
WI-Green Bay PD
http://www.gbpolice.org/news/cutenews/show_news.php?subaction=showfull&id=1275054366&archive=&template=rightheadlines

GREEN BAY POLICE DEPARTMENT
OPERATIONS DIVISION

****PRESS RELEASE****
Lt. Bradley R. Florence
920-448-3217

Date: May 28, 2010
Re: Loud Muffler Enforcement

The City of Green Bay is receiving an increased level of complaints on loud vehicle mufflers, especially motorcycle mufflers. The Green Bay Police Department is responding by providing extra training and information to its officers to increase the enforcement of the loud muffler ordinance.

Excessive noise from motor vehicles is a serious health hazard to the public health, and welfare, safety, and quality of life. Citizens have a right to and should be ensured of an environment free from excessive noise that may jeopardize their health, welfare, and safety, or degrade their quality of life

Officers will be stepping up enforcement of loud or illegal vehicle mufflers on vehicles traveling on Green Bay streets, and issuing citations where appropriate.

The City of Green Bay ordinance defines an illegal muffler as any muffler equipped with a muffler cutout, bypass, or similar device; or any muffler that allows unreasonably noise, smoke, or flame. In addition, any motorcycle manufactured after December 31, 1982, that is not equipped with a exhaust muffler bearing the Federal EPA required labeling applicable to that motorcycle�s model year.

The Green Bay Police Department is also encouraging the public to assist in identifying vehicles with illegal mufflers. Anyone can go to the Green Bay Police Department website at WWW.GBPOLICE.ORG, click on the �Online Services� tab, and then click on the �Loud Vehicle� tab, fill out as much information about the vehicle and submit. This form can also be printed out and submitted personally or by mail at the Green Bay Police Department, 307 S. Adams St., Green Bay, WI 54301.

All submissions will be investigated, with the offending vehicle owner potentially having their vehicle ordered into the Green Bay Police Department for an inspection. Violations could result in citations up to $500.00 plus court costs.

Posted on 28 May 2010 by pdnews
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS

Toward Understanding the Recent Large Reductions in U.S. Road Fatalities MAY 2010 Last Modified Date: 5/28/2010

The University of Michigan�s Transportation Research Institute has released a report that explores the mechanisms that could be responsible for the unprecedented drop in road fatalities that took place from 2005 to 2009. According to the report, U.S. road fatalities dropped by 22% from 43,510 in 2005 to 33,963 in 2009.

PDF 26 pages:
http://deepblue.lib.umich.edu/bitstream/2027.42/71390/1/102304.pdf
--------------------------
Detecting Motorcyclists and Bicyclists at Intersections
by David R.P. Gibson, Bo Ling, and Spandan Tiwari

A new multisensor system differentiates vehicles on the road, which could save lives.

NOTE:
Taken from: Public Roads Magazine May/June 2010 -- posted on June 1, 2010
http://www.fhwa.dot.gov/publications/publicroads/10mayjun/06.cfm
---------------------

MOTORCYCLE LANE-SHARING
Literature Review
By Myra Sperley, Amanda Joy Pietz
Oregon Department of Transportation, Research Section
June 2010

PDF 27 pages:
http://www.oregon.gov/ODOT/TD/TP_RES/docs/Reports/2010/Motorcycle_Lane_Sharing.pdf
---------------------

Motorcycle Safety Foundation presentations at the International Conference on Safety and Mobility of Vulnerable Road Users in Jerusalem, Israel

The MSF RETS: A System Designed to Succeed
Paper -PDF 35 pages:
http://www.msf-usa.org/vru/MSF_RETS-A_System_Designed_to_Succeed.pdf
Presentation - PDF 64 pages:
http://www.msf-usa.org/vru/VRU_Intl_Conference-MSF_RETS.pdf

Preparing Riders to S.E.E. Better: MSF Tools for Improving Hazard Perception Paper - PDF 29 pages:
http://www.msf-usa.org/vru/MSF_Tools_for_Improving_Hazard_Perception.pdf

****************************************************************************

If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

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

New York Freedom Riders :: NY Legislation/news- 5/28/10

Author: karen
Subject: NY Legislation/news- 5/28/10
Posted: Fri May 28, 2010 9:44 pm (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -5/28/10

NEW YORK LEGISLATION UPDATES:

Helmet, motorcycle, rights: no updates
Senate Committee agendas have not been posted.

Gang

On Assembly Codes agenda: June 03,2010
A11087 [no same as]
AN ACT to amend the executive law, in relation to establishing a gang assessment, intervention, prevention and suppression program

Bill text:
AN ACT to amend the executive law, in relation to establishing a gang
assessment, intervention, prevention and suppression program

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

1 Section 1. The executive law is amended by adding a new section 837-s
2 to read as follows:
3 S 837-S. GANG ASSESSMENT, INTERVENTION, PREVENTION AND SUPPRESSION
4 PROGRAM. 1. THERE IS HEREBY CREATED WITHIN THE DIVISION A GANG ASSESS-
5 MENT, INTERVENTION, PREVENTION AND SUPPRESSION PROGRAM TO BE ADMINIS-
6 TERED BY THE COMMISSIONER TO DISTRIBUTE FUNDS IN ACCORDANCE WITH THE
7 PROVISIONS OF THIS SECTION FOR THE PURPOSE OF ELIMINATING THE SCOURGE OF
8 GANG RELATED CRIMINAL ACTIVITY IN NEW YORK STATE.
9 2. THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE, IN COOPERATION
10 WITH ALL LOCAL, STATE AND FEDERAL LAW ENFORCEMENT PERSONNEL, AND THE
11 DISTRICT ATTORNEYS IN NEW YORK STATE, SHALL DEVELOP AND IMPLEMENT A
12 STRATEGY FOR THE SUPPRESSION OF GANG RELATED CRIMINAL ACTIVITY. THE
13 STRATEGY SHALL INCLUDE, BUT NOT BE LIMITED TO, IDENTIFYING AND PROSECUT-
14 ING THE CORE LEADERSHIP OF CRIMINAL STREET GANGS WHO MAY BE VIOLATING
15 FEDERAL, STATE OR LOCAL LAWS, AND COOPERATING WITH ALL FEDERAL LAW
16 ENFORCEMENT AGENCIES AND APPROPRIATE PROSECUTORIAL AGENCIES AND LAW
17 ENFORCEMENT AGENCIES IN OTHER STATES IN THE INVESTIGATION AND ENFORCE-
18 MENT OF OUR PENAL LAWS. DISTRICT ATTORNEYS ARE AUTHORIZED AND DIRECTED
19 TO ENTER INTO COLLABORATIVE AGREEMENTS WITH PROSECUTORIAL AND OTHER
20 GOVERNMENTAL AGENCIES AND ENTITIES IN SUPPLIER STATES IN AN EFFORT TO
21 STOP GANG RELATED CRIMINAL ACTIVITIES IN NEW YORK STATE.
22 3. THE COMMISSIONER SHALL AWARD GRANT MONIES, AS AVAILABLE, TO
23 DISTRICT ATTORNEYS FOR PROGRAMS WHICH ARE DESIGNATED TO STOP GANG
24 RELATED CRIMINAL ACTIVITIES IN NEW YORK STATE. TO QUALIFY FOR SUCH GRANT
25 MONIES, A DISTRICT ATTORNEY MUST SUBMIT AN APPLICATION TO THE COMMIS-
26 SIONER IN ACCORDANCE WITH GUIDELINES PRESCRIBED BY THE DIVISION. THE
27 APPLICATION SHALL AT A MINIMUM:
1 (A) INCLUDE AN ASSESSMENT OF GANG RELATED CRIMINAL ACTIVITIES IN THE
2 TARGETED AREA;
3 (B) OFFER A PLAN FOR STATE INTERVENTION AND PREVENTION OF SUCH ACTIV-
4 ITIES; AND
5 (C) PREVIEW A COORDINATED LAW ENFORCEMENT STRATEGY FOR SUPPRESSION OF
6 GANG RELATED ILLEGALITIES WITHIN THE AFFECTED COMMUNITY. FUNDS AWARDED
7 UNDER THIS SECTION MAY BE USED TO SUPPLEMENT FEDERAL, STATE OR LOCAL
8 FUNDS.
9 4. THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE SHALL ESTABLISH
10 AND MAINTAIN WITHIN THE DIVISION A GANG CLEARINGHOUSE AS A CENTRAL
11 REPOSITORY OF INFORMATION, COMING INTO THE POSSESSION OF ANY STATE OR
12 LOCAL LAW ENFORCEMENT ENTITY, REGARDING ALL CRIMINAL GANGS FOUND TO BE
13 OPERATING WITHIN NEW YORK STATE. THE SUPERINTENDENT OF THE DIVISION OF
14 STATE POLICE SHALL ADOPT AND PROMULGATE REGULATIONS PRESCRIBING REPORT-
15 ING PROCEDURES FOR SUCH STATE OR LOCAL LAW ENFORCEMENT AGENCIES, INCLUD-
16 ING THE FORM FOR REPORTING SUCH INFORMATION.
17 S 2. This act shall take effect immediately.
--------------------------------
NEW:

Bill Number: S07929 [no same as]
Senate Sponsor: GOLDEN
Enacts the criminal street gang enforcement and prevention act; defines offenses; increases penalties; provides for gang prevention programs in schools; and develops a comprehensive approach to protecting public interests from gang related crime and violence.
Status: 05/24/2010 REFERRED TO CODES
Bill text: http://assembly.state.ny.us/leg/?default_fld=&bn=S07929&Summary=Y&Actions=Y&Text=Y
-------------------------------

NEW YORK NEWS:

New York Motorcycle & Scooter Task Force: http://www.nymstf.org/

NYMSTF Dedicated Parking Update May 28 2010
More good news from the Task Force!

We're excited that we have won provisional approval of four out of six of our proposed locations for dedicated two wheel parking in Community Board 4 Manhattan. We're still awaiting the final approved resolution from the Transportation Committee of CB4, so it's possible that there will be changes, but we're confident that any changes to the locations will be minor. We'll keep you updated as we get more information. Our next stop for dedicated two wheel parking will be CB6 in Bklyn. CB3 Manhattan has been patiently waiting and will be coming up soon.

At our next meeting we plan to do some work around the NY State traffic law governing eye protection and the ambiguities within it which allow overzealous policing. Our goal will be drafting revisions to the legislation which will put an end to this practice. Some of our other long term goals include a lanesplitting/filtering bill, a program to reduce unlicensed riders, creating a rider census, and exploring the feasibility of offering free rider training for all City Council members as a means of fostering respect and mutual understanding.

Cheryl Stewart
NYMSTF President

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES

Payette, ID: New Gang Ordinance
Wording:

http://www.sterlingcodifiers.com/codebook/index.php?book_id=822

Disclaimer:
This is provided for informational purposes only. The formatting of this ordinance may vary from the official hard copy. In the case of any discrepancy between this ordinance and the official hard copy, the official hard copy will prevail.

CITY OF PAYETTE, IDAHO
ORDINANCE NO. 1315

AN ORDINANCE OF THE CITY OF PAYETTE, IDAHO, ADOPTING A NEW CHAPTER 9.65 OF THE PAYETTE MUNICIPAL CODE PROHIBITING GANG ACTIVITY IN THE CITY LIMITS; ADOPTING DEFINITIONS ENUMERATED BY THE STATE OF IDAHO; PROHIBITING THE USE OR DISPLAY OF GANG SIGNS, COLORS, EMBLEMS OR INSIGNIA; PROVIDING FOR A SEVERABILITY CLAUSE; ESTABLISHING A REPEALER CLAUSE; ESTABLISHING A PENALTY; ALLOWING FOR PUBLICATION IN SUMMARY FORM; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE UPON PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW.

Section 1. Findings of the City Council:

1. The City Council hereby finds and declares that it is the right of every person, regardless of race, color, creed, religious, national origin, sex, age or disability to be secure and protected from fear, intimidation and physical harm caused by the activities of gangs, criminal gangs, violent groups and individuals.

2. It is not the intent of this Ordinance to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The City Council hereby recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.

3. The City Council finds, however, that urban, suburban and rural communities, neighborhoods and schools throughout the State are being terrorized and plundered by gangs. The City Council finds that there are now several gangs operating in Idaho, and that while their terrorism is most widespread in urban areas, gangs are spreading into suburban and rural areas of Idaho, including Payette County.

4. The City Council further finds that gangs are often controlled by criminally sophisticated adults who take advantage of our youth by intimidating and coercing them into membership by employing them as drug couriers and runners, and by using them to commit brutal crimes against persons and property to further the financial benefit to and dominance of the gang.

5. Gang activity presents a clear and present danger to public order and safety and is not constitutionally protected. No society is or should be required to endure such activities without redress. Accordingly, it is the intent of the City Council, by enacting this Ordinance, to prohibit gang related activity.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PAYETTE, IDAHO, AS FOLLOWS:

Section 2. Payette Municipal Code is amended by the addition of a new Chapter 9.65, which section shall read as follows:

Chapter 9.65

GANG ACTIVITY
Sections:
9.65.010 Definitions
9.65.020 Unlawful Display of Gang Affiliation
9.65.030 Unlawful Display for gang recruitment
9.65.040 Unlawful Display to incite violence
9.65.050 Penalty

9.65.010. DEFINITIONS: (A) For the purpose of this Chapter, the definitions of Idaho Code Section 18-8502 are adopted by reference and incorporated hereat by the City as if set out in full verbatim.

(B) B. For purposes of this chapter, a �public place� means the public way or any other location open to the public, whether publicly or privately owned, including but not limited to, any street, sidewalk, avenue, highway, road, curb area, alley, park, playground or other public ground or public building, any common area of a school, hospital, apartment house, office building, transport facility, shop, privately owned place of business to which the public is invited, including any place of amusement, entertainment, or eating place. Any �public area� also includes the front yard area, driveway and walkway of any private residence, business, or apartment house.

9.65.020 It shall be unlawful for any person within the City to use, display or wear colors, emblems or insignia on or about their person in any public place, with the intent of communicating membership in, support of, affiliation, association, identification with any gang.

9.65.030 It shall be unlawful for any person within the City to use, display or wear colors, emblems or insignia on or about their person in any public place, with the intent to recruit any other person into any gang.

9.65.040 It shall be unlawful for any person within the City to use, display or wear colors, emblems or insignia on or about their person in any public place, with the intent to threaten, insult, incite, challenge to fight or invite others to fight.

9.65.050 Penalty. Any person violating this chapter shall be guilty of a misdemeanor and shall be punished in accordance with the misdemeanor statutes of the State of Idaho, and shall be responsible for the City's cost of prosecution including attorney fees incurred by the City. Each day that a violation continues shall be considered a separate offense.

Section 3. This Ordinance may be published in summary form as permitted by the State of Idaho.

Section 4. This Ordinance shall be in full force and effect immediately upon passage and publication as required by the laws of the State of Idaho.

Section 5. Any ordinances or resolutions which are in conflict with this Ordinance are hereby repealed, but only insofar as the conflict exists.

Section 6. If any portion of this Ordinance should be found to be unconstitutional or unenforceable for any reason, the remainder of the Ordinance shall be applied to effectuate the purposes of this Ordinance.

Section 7. Any violation of this Ordinance shall be a misdemeanor punishable by fine and/or imprisonment up to but not exceeding the maximum penalties set forth in Idaho Code � 18-113 and �50-302.

PASSED and APPROVED by the Mayor and City Council of the City of Payette, Idaho this _10___ day of __May____________, 2010.

CITY OF PAYETTE, IDAHO
by____________________JEFFREY T. WILLIAMS, Mayor
------------
NOTE:
TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 85
IDAHO CRIMINAL GANG ENFORCEMENT ACT http://law.justia.com/idaho/codes/18ftoc/180850002.html

------------------------------
Rhode Island

Senate Bill No.2031 SUB A as amended
ENTITLED, AN ACT RELATING TO PUBLIC PROPERTY AND WORKS -- PUBLIC BUILDINGS (would require public buildings to provide designated parking spaces for motorcycles at the rate of one space per total of thirty (30) spaces) {LC171/2/A}
Update:
05/25/2010 Scheduled for hearing and/or consideration 05/25/2010 Committee recommends passage of Sub A as amended 05/25/2010 Placed on Senate Calendar 05/27/2010 Senate passed Sub A as amended 05/27/2010 Referred to House Municipal Government

Bill text http://www.rilin.state.ri.us//BillText10/SenateText10/S2031Aaa.pdf

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS

Traffic Safety Facts 2008-final edition: A Compilation of Motor Vehicle Crash Data from the Fatality Analysis Reporting System and the General Estimates System PDF 230 pages:

http://www-nrd.nhtsa.dot.gov/Pubs/811170.PDF
-----------------------
NHTSA Provides Funding to Increase the Number of Properly Endorsed Motorcyclists

All states require motorcycle riders to be licensed or endorsed to operate a motorcycle on public roads. However, national data indicate one out of four motorcycle riders (25 percent) involved in fatal crashes in 2008 were riding with invalid licenses at the time of the collision, while only 12 percent of drivers of passenger vehicles in fatal crashes did not have valid licenses. Enacting effective countermeasures to increase the licensure of motorcyclists is a huge challenge for the state highway safety office that requires the cooperation of the state�s licensing authority, agencies collecting and analyzing data, law enforcement, and judicial services. In an effort to develop initiatives that can be implemented in states to increase the number of properly endorsed motorcyclists, the National Highway Traffic Safety Administration (NHTSA) anticipates funding competitive cooperative agreements for a minimum of one year and a maximum of three years. To this end, this cooperative agreement will support the development, implementation and evaluation of up to three program efforts designed to increase the licensure of motorcycle riders. View the grant announcement here http://www07.grants.gov/search/search.do?&mode=VIEW&oppId=54655
or on grants.gov. The closing date for applications is June 17, 2010.

NOTE:
In the "Guidelines for Motorcycle Operator Licensing - May 2009" http://www.aamva.org/aamva/DocumentDisplay.aspx?id={D00966C2-ADF2-4DC0-98F1-BC5E482F708C}

� Unlicensed Riders � Page: [B-81]
Are states able to estimate unlicensed rider population: Yes: 7 / No: 40

****************************************************************************

If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

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

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

New York Freedom Riders :: NY Legislation/news- 5/21/10

Author: karen
Subject: NY Legislation/news- 5/21/10
Posted: Fri May 21, 2010 4:27 pm (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -5/21/10

NEW YORK LEGISLATION UPDATES:

Helmet, gang, motorcycle: no updates

Rights:
A07183C [no same as]
AN ACT to amend the parks, recreation and historic preservation law, in relation to prohibiting the possession of concealed firearms in national parks and national wildlife refuge systems
Update: 05/17/2010 reported referred to codes
----------------------------
A09425A [S6213-B]
AN ACT to amend the executive law and the criminal procedure law, in relation to requiring individuals arrested in connection with a felony to submit a DNA sample
Update: 05/18/2010 held for consideration in codes
--------------------------
A06498 [ S3211]
AN ACT to amend the penal law, in relation to authorizing a person to use physical force, including deadly physical force in defense of a person, in defense of a premises or in defense of a dwelling, residence or vehicle under specific circumstances and in relation to creating a presumption that a reasonable fear of death or great bodily harm exists under certain circumstances; and repealing certain provisions of such law relating thereto
Update: 05/18/2010 held for consideration in codes
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES

Maryland:

HB676/ SB493: Vehicle Laws - Equipment on Motorcycles - Auxiliary Lighting
5/20: Approved by the Governor - Chapter 569

Bill text:
AN ACT concerning Vehicle Laws � Equipment on Motorcycles � Auxiliary Lighting

FOR the purpose of authorizing an operator of a motorcycle to use certain auxiliary lighting on the motorcycle; and generally relating to motorcycle lighting.
BY repealing and reenacting, with amendments,
Article � Transportation
Section 22�221(l)
Annotated Code of Maryland
(2009 Replacement Volume and 2009 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 10 MARYLAND, That the Laws of Maryland read as follows:
Article � Transportation
22�221.
(l) (1) Subject to paragraph (2) of this subsection, a motorcycle may be equipped with, AND AN OPERATOR OF A MOTORCYCLE MAY USE, the following auxiliary lighting:
(i) Blue dot illumination;
(ii) Standard bulb running lights; or
(iii) Light�emitting diode pods and strips added to protect the 1 driver.
(2) (i) Lighting under this subsection shall be:
1. Nonblinking;
2. Nonflashing;
3. Nonoscillating; and
4. Directed toward the engine and the drive train of the motorcycle.
(ii) Lighting under this subsection may not:
1. Be attached to the wheels of the motorcycle; or
2. Emit a red or blue light.
(iii) Blue dot illumination:
1. May be located only on the rear of a motorcycle as part of or adjacent to the rear brake light; and
2. May not exceed three�quarters of an inch in diameter.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1, 2010.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS

State Highway 2009 Annual Reports http://www.nhtsa.gov/nhtsa/whatsup/SAFETEAweb/pages/AnnualReports.htm
--------------------------------
Analysis of Helmet Impact Velocity Experimental Data and Statistical Tolerance Design DOT HS 811 305 April 2010

PDF 19 pages:
http://www-nrd.nhtsa.dot.gov/Pubs/811305.PDF

Abstract Helmet impact velocity experimental data is analyzed and various factors that influence the impact velocity are studied. One of the main goals of this report is to verify whether a tolerance of +/- 3 percent of mean velocity is feasible and will allow at least 95 percent of impacts to fall within the proposed impact velocity range. Statistical methods are applied to the design of impact velocity tolerances. Calibration procedures and data variances from several laboratories are also incorporated into this analysis.

*********************************************
If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

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

New York Freedom Riders :: NY Legislation/news- 5/14/10

Author: karen
Subject: NY Legislation/news- 5/14/10
Posted: Fri May 14, 2010 3:58 pm (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -5/14/10

NEW YORK LEGISLATION UPDATES:

Helmet, gang, motorcycle: no updates

Rights:

On Assembly Tourism, Arts and Sports Development agenda -Monday May 17,2010
A07183C [no same as]
AN ACT to amend the parks, recreation and historic preservation law, in relation to prohibiting the possession of concealed firearms in national parks and national wildlife refuge systems
--------
On Assembly Codes agenda -Tuesday May 18,2010
A09425A [S6213-B]
AN ACT to amend the executive law and the criminal procedure law, in relation to requiring individuals arrested in connection with a felony to submit a DNA sample
------
On Assembly Codes agenda -Tuesday May 18,2010
A06498 [ S3211]
AN ACT to amend the penal law, in relation to authorizing a person to use physical force, including deadly physical force in defense of a person, in defense of a premises or in defense of a dwelling, residence or vehicle under specific circumstances and in relation to creating a presumption that a reasonable fear of death or great bodily harm exists under certain circumstances; and repealing certain provisions of such law relating thereto

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES:

Arizona: www.abc15.com/content/traffic/story/Governor-vetoes-bill-allowing-bikers-to-pass/rbjVTK10eECWdogDs0t0-A.cspx

Governor vetoes bill allowing bikers to pass stopped traffic Reported by: Angie Holdsworth
Email: aholdsworth@abc15.com
Last Update: 4:11 pm

PHOENIX -- Governor Jan Brewer has vetoed an Arizona bill that would have allowed motorcycles in stopped traffic to "lane-split."

Current law prohibits motorcycles from passing in between vehicles.

House Bill 2475 was sponsored by Republican Jerry Weiers of Glendale.

Weiers explained the law only would apply in stopped traffic. He says it is a safety measure that would reduce dangers of motorcyclists being hit from behind and also relieve some congestion on the road.

If the bill had passed it would have become effective on a trial basis in 2011 for a one year period only in Maricopa County.

Andy Swan, a lobbyist, and former DPS officer said he supported the bill. He said the biggest danger for motorcycles is the risk of being hit from behind. This bill he said would allow them to move out of harm's way.

Alberto Gutier, the director of the Arizona Governor's Office of Highway Safety expressed concerns about the proposal saying it could create dangers. He said his biggest concern is that it would create confusion for drivers. That he says could make it more dangerous for cyclists.
--------------------------
Idaho: www.argusobserver.com/articles/2010/05/13/news/doc4bec31b86ee80782608786.txt

Payette ordinance prohibits gang activity
By Brandi Stromberg
Argus Observer
Thursday, May 13, 2010 10:35 AM PDT

PAYETTE � Payette�s City Council held a special meeting Monday night to discuss the issue of gang activity within city limits.

Payette Police Chief Mark Clark said an anti-gang ordinance is necessary for the safety of residents attending public events, like the Apple Blossom Festival.

�This has been an ongoing problem the last few years, specifically at the Apple Blossom carnival. Local and out-of-town gang members wear their colors out in public, mostly to intimidate people, but to show other gangs who they are,� Clark said. �We�ve never had a really strong hold we could use to kick them out of the carnival. We wanted something to back us up.�

Clark said police have always issued disorderly conduct citations to gang members and have given warnings for them to leave the carnival, but he has always wanted a concrete law on which to stand.

�We researched and came up with an ordinance. We were kind of on a time crunch because we wanted it done before the carnival this weekend,� Clark said. �We used a Chicago ordinance as sort of like our base and revamped it to fit our community.�

Clark said the new ordinance now makes it illegal to show up to any public event displaying gang-related colors.

Once the ordinance is published in the public notices, it will be set as city law.

The ordinance states that every person has the right to be �secure and protected� from any kind of fear, intimidation or other act from gang members.

Punishment for disregarding the ordinance is a misdemeanor and can include a maximum fine of $1,000 and up to one year in jail.

�Gang activity presents a clear and present danger to public order and safety and is not constitutionally protected,� Clark said.
---------------------------
New Hampshire- New Hampton

Article 26 Motorcycle noise ordinance PASSED May 11,2010

Wording:
An Ordinance Regulating the Noise Levels of Motorcycles WHEREAS, on a daily basis the residents of North Hampton contend with noise pollution from various sources. A chief contributor of this excessive noise is motorcycle exhaust systems, and

WHEREAS, to mitigate noise pollution, the Environmental Protection Agency (EPA) has codified a motorcycle and a motorcycle exhaust system labeling program a 40 C.F.R, Section 205.158 205.169, respectively, which requires motorcycle and motorcycle exhaust system manufacturers to attach a permanent label to their manufactured products stating that the product meets the EPA's noise emission requirements; and

WHEREAS, the purpose of the labels is to ensure that specific motorcycles and exhaust systems fully comply with their tested noise emission requirements; and

WHEREAS, other municipalities including Boston, Denver and Fairfax County, Virginia have enacted ordinances requiring exhaust system labels to mitigate excessive noise pollution; and

WHEREAS, RSA 31:39 (n) authorizes towns in New Hampshire to enact ordinances regulating noise levels,

NOW THEREFORE, the Town of North Hampton enacts the following regulations;

1. No person shall park, use or operate a motorcycle within the Town of North Hampton manufactured after December 31, 1982, that does not bear the required applicable EPA exhaust system label pursuant to C.F.R. Title 40, Volume 24, Part 205, Subparts D and E, and any subsequent amendments thereto
2. Any person who violates this ordinance shall be guilty of a violation and shall be fined not less that $200 or more that $500 3. Any person guilty of a subsequent violation of this ordinance occurring at least 10 days after a first violation shall be guilty of a violation and fined not less than $500 or more than $1000 4. The Police Department shall be responsible for enforcing this ordinance 5. The Board of Selectmen shall cause signage to be erected throughout the Town notifying persons of this ordinance; the Town's enforcement of it; and the fines for violation 6. The provisions of this ordinance are severable. If any provision is invalidated by a court, the other provisions shall remain in effect 7. This ordinance shall take effect 60 days following its enactment
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS:

BJA/OJJDP
HISTORY OF STREET GANGS IN THE UNITED STATES
By: James C. Howell and John P. Moore
May 2010

PDF 25 pages: http://www.nationalgangcenter.gov/Content/Documents/History-of-Street-Gangs.pdf
NOTE: OMG not mentioned.

*********************************************
If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

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

Biker related information :: Riding Group

Author: klackamas
Subject: Riding Group
Posted: Thu May 13, 2010 4:12 pm (GMT -4)
Topic Replies: 0

Just wanted to let you know about our riding group. I know we are far from you, but if you ever come out this way, come ride with us!

gadsdenriders.com

Mike Young
President
Gadsden Riders[/url]
_________________
_______________________________________
The ultimate authority must always rest with the individual's own reason and critical analysis.

ABATE of VA :: ABATE of VA State Celebration

Author: Sharon
Subject: ABATE of VA State Celebration
Posted: Wed May 12, 2010 9:09 pm (GMT -4)
Topic Replies: 1

ATTENTION ALL MOTORCYCLE
ENTHUSIASTS!

JOIN US AT WILDWOOD CAMPGROUND

FOR A GATHERING OF THE BROTHERHOOD

A WEEKEND OF COMRADERIE
MUSIC, RODEO GAMES, VENDORS, CAMPING, FOOD & BEVERAGES

$20 for the whole weekend, or $15 for Saturday night
Registration starts 1:00 pm on June 18TH

Route 130, 6252 Elon Rd, Monroe, VA 24574
434-299-5228
LIVE MUSIC FOOD GAMES VENDORS

WILDWOOD OFFERS HOT SHOWERS, SWIMMING, FISHING, ARCADE ROOM, ICE, FIREWOOD, CAMP STORE

EVENT OPEN TO ALL ENTHUSIASTS
FOR MORE INFORMATION
CONTACT TONY 434-944-1177
_________________
Sharon Keaton
VA Freedom Riders
ABATE of VA

ABATE of VA :: ABATE of VA Board of Directors meeting

Author: Sharon
Subject: ABATE of VA Board of Directors meeting
Posted: Wed May 12, 2010 9:06 pm (GMT -4)
Topic Replies: 0

The next Board of Directors meeting will be Sunday, May 16, 2010 starting at 11:00 a.m. The Outlander Saloon & Restaurant, Lynchburg, VA. All members welcome to attend.
_________________
Sharon Keaton
VA Freedom Riders
ABATE of VA

ABATE of VA :: Poker Run, July 17, 2010

Author: Sharon
Subject: Poker Run, July 17, 2010
Posted: Wed May 12, 2010 9:03 pm (GMT -4)
Topic Replies: 0

ABATE of VA, Culpeper Chapter will host a poker run Saturday, July 17, 2010. Sign up at the Cycle Center, 13388 Lovers Lane, Culpeper, VA
from 10:00 to 11:00 a.m. 100 mile scenic ride (no dirt roads), ending in Amissville, VA, with food and beverages available at ride end. $15 per hand, cash prizes! Call Sharon 540-937-3924 for more info
_________________
Sharon Keaton
VA Freedom Riders
ABATE of VA

Politics :: Wow Look This

Author: Hidausackisse
Subject: Wow Look This
Posted: Tue May 11, 2010 5:11 am (GMT -4)
Topic Replies: 0

Look here:
Amazing how i made so much money in short Time i think you must look there and find.

http://resellerstuff.net

Reseller , Reseller , Reseller

yes436365
_________________
seo-media-marketing is the best http://seomedia.us

New York Freedom Riders :: NY Legislation/news- 5/10/10

Author: karen
Subject: NY Legislation/news- 5/10/10
Posted: Mon May 10, 2010 9:44 pm (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -5/10/10

NEW YORK LEGISLATION UPDATES:
Helmet, gang, rights: no updates

Motorcycle:

On Assembly Transportation agenda Tuesday May 11,2010
A10628 [same as S 7385]
AN ACT to amend the vehicle and traffic law, in relation to requiring motorcycles to be operated with both wheels on the roadway.

On Senate Transportation - May 11, 2010
S1298 [Same as A 1933]
Provides that ownership of unidentifiable part in identifiable motorcycle, other than stolen motorcycle shall be returned to owner after investigation
-------------
NOTE:
On Assembly Tourism, Arts and Sports Development- May 12, 2010 A10015 [same as S 7430] Authorizes persons under the age of fourteen to participate in special events involving snowmobiles.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES:

Connecticut
SB 407 (File 261, as amended by Senate "A")*
AN ACT REQUIRING MOTORCYCLE TRAINING PRIOR TO THE ISSUANCE OF A MOTORCYCLE ENDORSEMENT.
5/5/2010- On Consent Calendar / In Concurrence
5/5/2010- Senate Passed as Amended by House Amendment Schedule A
5/5/2010- Senate Passed as Amended by Senate Amendment Schedule A
5/5/2010- Senate Adopted House Amendment Schedule A
5/3/2010- Disagreeing Action, Tabled for Calendar, Senate
5/3/2010- Transmitted Pursuant To Joint Rule 17
5/3/2010- House Passed as Amended by House Amendment Schedule A
5/3/2010- House Passed as Amended by Senate Amendment Schedule A
5/3/2010- House Adopted House Amendment Schedule A 5082
5/3/2010- House Adopted Senate Amendment Schedule A
------------
Oklahoma:
www.abateofoklahoma.com/legis.html
LEGISLATIVE NEWSFLASH MAY 4, 2010

We Got the Red Light Bill Passed!

It�s official. Our malfunctioning traffic signal bill/red light bill/dead red bill will now become the law of the land here in Oklahoma come November 1st. You will be able to proceed cautiously through a malfunctioning red light or turn left when the left turn light won�t turn on for you. The Governor signed it into law this afternoon.

I have to admit, this one was a struggle. It started five years ago with Tiger Mike and Holly and they worked it well for three years. I started working on it two legislative seasons ago. Suzette and I spent as much time tromping around for this one as we did for Gunner�s Law. Suzette met with the OKC Chief of Police among other outside people about it. I met with Tulsa PD about it etc etc. We had countless meetings with legislators. Anyway, I�m sure Suzette, and we ducklings who follow her around, will find something to work on next year but it won�t be a malfunctioning red light bill.

Here are some answers to the public criticism that will follow when news of this bill is made public. You will see headlines that read: New Motorcycle Law Allows Motorcyclists to Run Red Lights!

The defense: The traffic control system is to allow all of us to move around safely. It should control and protect all licensed motor vehicles that travel the public roadways. Motorcycles are licensed motor vehicles in this country. We should not be denied safety and convenience because of our choice of a motorcycle as our mode of transportation. Some censored traffic lights do not detect us so therefore, the system fails us. Not all the lights can be adjusted to detect us. We must have a legal solution for when we are caught in one of these signals.

The solution is this law. You must know: 1. that the light is sensor controlled. 2. that it has not detected you. Having satisfied both of those requirements, you may proceed through the intersection when it is safe to do so.

We didn�t ask for this law for our convenience. Every year, motorcyclists are killed or injured while waiting for a traffic signal that will never come.

There will also be raving letters to editors about blood in the street. The smart ass answer to them is to say that we didn�t suddenly get stupid just because we passed a law. Please hang onto this email as it gives you the tools you�ll need to answer other riders and the newspaper. I�ll be glad to help you with them.

So far, we�re doing fairly well this year. We will keep on truckin� til we�re successful with our last bill. It has to do with intersection right of way.

John Pierce
Legislative Coordinator
ABATE of Oklahoma
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS:

AAMVA Registration and Testing Practices for Two- and Three-Wheel Vehicles
NOTE: Presentations available on line

Overview of Guidelines for Motorcycle Operator Licensing http://www.aamva.org/aamva/DocumentDisplay.aspx?id={1876CDE0-C6F0-49BB-BCF5-50DBB2BA3389}
Motorcycle License Skill Testing
http://www.aamva.org/aamva/DocumentDisplay.aspx?id={0179F407-F1AA-4AA7-8A62-DBF7B5329A20}

Recap:
http://www.aamva.org/Events/CommitteesWebinar/
Title: Registration and Testing Practices for Two- and Three-Wheel Vehicles
Date: Wednesday, April 21, 2010, 2:00 - 3:00 pm EST
Speaker: Brett Robinson, Highway Safety Services
Host: Denise Hanchulak, Program Director, Certification & Standards, AAMVA

Description: Discussion focused on how the 2008 Guidelines for Motorcycle Operator Licensing has been expanded to encompass recommendations for license waiver programs for rider education and for integrating motorcycle rider education and licensing. The Webinar provided strategies on how jurisdictions can reduce motorcycle crashes and fatalities through interagency cooperation, judicial and law enforcement outreach programs and public education.

There was discussion on the different elements of the motorcycle licensing system and how jurisdictions can obtain the resources to incorporate the different recommendations and general principles into their everyday operations.

There was also discussion on the definition of a motorcycle for registration purposes in regards to all two and three-wheeled vehicles including skills testing practices.

Archived webinar file note available yet.
------------
News Release | May 6, 2010
Institute calls on government to mandate antilock brakes for all new motorcycles

ARLINGTON, VA � Recent research from the Insurance Institute for Highway Safety strongly demonstrates the benefits of antilock brakes for motorcycles. Based on findings that antilocks significantly reduce motorcycle crashes, including fatal ones by more than a third, the Institute is seeking a federal requirement that manufacturers equip all new motorcycles with this technology.

"The best motorcycle crash is one that never happens," says Institute president Adrian Lund. "Traveling on 2 wheels instead of 4 is always riskier, but our new research shows that antilock brake technology can make motorcycle riding a much safer way to get around."

Stopping a motorcycle is trickier than stopping a car. For one thing, the front and rear wheels typically have separate brake controls. In an emergency, a rider faces split-second choices about which wheels to brake and how hard. If the brakes are applied too hard, the wheels can lock and cause an overturn. If the brakes are applied too gently, the rider risks colliding with the obstacle. This is when antilocks can help by reducing brake pressure when they detect impending lockup and then increasing the pressure again when traction is restored. Brake pressure is evaluated multiple times per second, so riders may brake fully without fear of locking up. Antilocks won't prevent every motorcycle crash. They won't help a rider about to be struck from behind, for example. But the new studies released in March indicate that antilocks reduce crashes overall and save lives.

Institute researchers compared the fatal crash experience of antilock-equipped motorcycles against their nonantilock counterparts during 2003-08. The main finding is that motorcycles with antilocks versus without are 37 percent less likely to be in fatal crashes per 10,000 registered vehicle years. Bolstering this finding is a separate analysis by the Highway Loss Data Institute (HLDI), an affiliate of the Insurance Institute. HLDI analyzed insurance claims filed for crash damage to motorcycles. Bike models with antilocks have 22 percent fewer claims for crash damage per insured vehicle year (a vehicle year is 1 vehicle insured for 1 year, 2 insured for 6 months, etc.) than the same models without antilocks. The results update earlier studies by the Institute and HLDI published in 2008.

In 2009 the National Highway Traffic Safety Administration (NHTSA) announced that it was looking at the issue in light of the Institute's earlier study but stated that "an additional year of data and additional analyses are needed to determine the statistical significance of the results."

Now the 2 recent studies from the Institute and HLDI provide more "compelling evidence that antilocks reduce fatal crash risk and lower insurance losses," says Lund. "NHTSA has what it needs to move forward with a regulation."

Crash avoidance technology like motorcycle antilocks is especially important because more people are taking up riding and more are dying in crashes. Rider deaths topped 5,000 in 2008 � more than in any year since the federal government began collecting fatal crash data in 1975. Although preliminary reports indicate that deaths declined in 2009, the upward trend in recent years comes amid record lows for passenger vehicle occupant deaths, prompting the Institute and HLDI to look harder at measures to stem motorcyclist deaths.

NOTE:
Letter to NHTSA Administrator David Strickland: Proposed amendments PDF 39 pages: http://www.iihs.org/laws/petitions/pdf/petition_2010-04-30.pdf

*********************************************
If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

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