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karen · Easyrider Joined: 23 Jan 2009 Posts: 61

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.
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NEW YORK LEGISLATION UPDATES:
Helmet, Motorcycle, Gang, Rights: no updates

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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.
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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
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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}

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

www.newyorkfreedomriders.com
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