SC MRA

May 2008


   The American Motorcyclist Association (AMA) told a Congressional committee in written comments on March 13 that motorized recreation is a "legitimate and popular" use of public land that needs more federal funding.
    The topic of the subcommittee hearing was "Impacts of Unmanaged Off-Road Vehicles on Federal Lands. AMA Vice President of Government Relations Ed Moreland told the federal lawmakers that recreation, like any other resource, must be managed.
    Moreland also made a case for more funding for federal agencies, such as the US Forest Service and Bureau of Land Management, so that they can better manage motorized recreation. And he noted that the motorized recreation community has taken proactive steps, often in partnership with public land managers, to reinforce its land-use ethic through rider education and public awareness.
    Besides benefiting riders and the off-highway vehicle industry, motorized recreation pumps funds into local economies, Moreland added.
    Moreland closed his testimony by noting that the motorized recreation community has a long history of volunteerism and is ready to help public land managers by maintaining trails, promoting the ethical use of the land and advocating for appropriate funding.

 


    Arizona State Representative Jerry Weiers (R-Glendale) is continuing to push for legislation that would make off-highway vehicle owners pay a registration fee despite the bill's recent defeat in a Senate committee on a 3-3 vote.
    HB 2573 would create a $20-25 fee for each off-highway vehicle to maintain and build trails, restore damaged areas, educate riders and provide more law enforcement. It would also make certain activities misdemeanors, including driving off paths in a manner that damages wildlife, property or natural resources.
    A bipartisan group of co-sponsors and a diverse coalition ranging from off-highway vehicle groups to environmental organizations supported the bill, saying it would help protect landscapes and preserve the pastime in Arizona. A 2002 Arizona State University study found that 20 percent of Arizonans considered themselves off-highway vehicle enthusiasts, and the Arizona Game and Fish Department estimates that off-highway vehicle use has more than tripled since 1998.

 


    A new report from the National Highway Safety Transportation Administration (NHSTA) titled Methodology for Determining Motorcycle Operator Crash Risk and Alcohol Impairment has been released.
    Alcohol-involvement continues to be a prominent factor in motorcycle crashes. This project examined a variety of approaches by which the effects of alcohol on motorcycle rider impairment and crash risk can be measured. A two-volume report was prepared and can be found at www.nhtsa.dot.gov. 

 


    US Transportation Secretary Mary Peters reaffirmed her desire to lobby states for mandatory helmet-use laws in testimony before the US Senate Appropriations Committee Transportation Subcommittee in March.
    Peters' testimony follows letters she sent in February to US House and Senate leaders urging Congress to allow states to divert federal money away from motorcycle safety training and awareness programs and instead push for mandated helmet use.
Under federal law, the US Transportation Department is barred from lobbying for or against specific state laws. That measure was passed by Congress at the request of motorcyclists who specifically wanted to prevent the federal government from lobbying for mandatory helmet laws. But when asked whether she would support an exemption to the law to allow her department to lobby the states for mandatory helmet laws, she said she would.
    Peters is pushing to move funds out of motorcycle safety training and awareness even though the money was specifically approved by Congress at the request of motorcyclists who wanted to beef up the nation's motorcycle safety training and awareness efforts.
    In February, in response to the letters Peters wrote, Ed Moreland, AMA vice president for government relations, expressed concern that diverting federal motorcycle safety funds to mandate helmet use could harm rider training courses and motorcycle awareness programs that are already underfunded in many states.
    At that time, he also expressed concern that Peters' proposal could contradict sections of transportation bills passed in 1998 and 2005 that ban the use of federal motorcycle safety funds to lobby state legislatures in favor of mandatory helmet laws and could effectively reverse that ban.
    Moreland believes Peters is willing to push for mandatory helmet laws at the expense of rider training and awareness programs designed to teach motorcycling skills that would prevent crashes from occurring in the first place.

 


    The San Bernardino County, CA Board of Supervisors agreed recently to distribute $226,000 in grant funds from the State Department of Parks and Recreation to the Barstow and Victorville sheriff's stations to enforce off-highway vehicle (OHV) rules.
    The county is making OHV enforcement a priority, according to spokesman, for reasons ranging from environmental impacts to noise concerns and issues with off-roaders trespassing on private property. In the first two months of 2008, county code enforcement officers had more than 6,500 contacts with OHV riders, issued 129 warning citations and 109 court citations.
    The $97,000 in funding earmarked for the Barstow sheriff's station will go to purchase two new dual-sport motorcycles. The new bikes will join a new Chevrolet Tahoe truck, Rhino trail utility vehicle and 46-foot command post that are coming to the department to join its roster of OHV enforcement equipment. The grant funding comes through a fund created by OHV registration fees.
    Under the county's off-highway vehicle ordinance passed in 2006, riding on private property, riding without a permit or disturbing nearby residents with excessive noise, dust, smoke or fumes, are violations that carry a fine of up to $200 on the first offense. On a fourth offense, violators can face misdemeanor charges and up to $1,000 in fines and 90 days in jail.

 


   Southern California's loss of off-highway vehicle (OHV) access to popular federal recreation sites was the main theme at a town hall meeting hosted by Congressman Duncan Hunter at Cuyamaca College on the outskirts of San Diego. Mike Pool, the director for the California Office of the Bureau of Land Management, also shared the podium at the March 22 meeting.
    Over 200 OHV enthusiasts attended the event and many expressed concerns about the various competing interests that are impacting recreational opportunities in the California Desert region. The proposed expansion of the Marine Corps base into the Johnson Valley OHV Area, renewable energy construction projects, the endless parade of eco-lawsuits filed by anti-access groups against federal land agencies, and new Wilderness plans were the main points of contention.
    The event hosts urged enthusiasts to stay engaged in the political and land-use planning processes. The group was also reminded about shrinking federal recreation budgets and that supporting trail volunteer efforts and user-fee programs at selected sites will be key factors in the public land-use equation.

 


    A new Colorado law authorizes wildlife officers and other state lawmen to enforce federal motorized travel laws on public land. The law stipulates driving an off-highway vehicle on an unauthorized road or trail would cost the operator $100; the fine for motoring in a wilderness area is $200.
    Federal fines went up in late February where the penalty for driving a motor vehicle off designated routes on public land is $250. Getting caught with an off-highway vehicle machine in a wilderness area could result in a $500 fine.
    Motor vehicles now are forbidden on forest roads and trails except for those designated and signed specifically for their use. While this bill does not impact or change any existing right of access, the federal rule change is a work in progress while each national forest develops motor vehicle use maps.
    The Colorado Off-Highway Vehicle Coalition supported the off-highway enforcement bill. Supporters also included Colorado Backcountry Hunters and Anglers, Colorado Wildlife Federation and The Wilderness Society.

 


    Massachusetts riders converged on Beacon Hill recently in support of a bill seeking stricter penalties for drivers convicted of certain motor vehicle crashes.
    The riders helped introduce legislation during a committee hearing titled House No. 1464, sponsored by Rep. Anne M. Gobi, D-Spencer and Rep. Christine E. Canavan (D-Brockton). 

    The bill, consistent with the AMA Justice for All campaign and championed by the Massachusetts Motorcycle Association, seeks 2 1/2 years of mandatory jail time, 10-year loss of driver's license and increased fines from $35 to $350 for drivers convicted in crashes involving right-of-way violations where death or serious bodily injury occurs. The measure would apply to motorists convicted in all types of crashes.

 


    The Ohio State Highway Patrol presented AMA President and CEO Rob Dingman with the patrol's annual Partners for Safety award on March 21.
    The award recognizes the AMA's work with the OSHP since 2005 to reduce motorcycle traffic fatalities through a program called "Ride Smart. Drive Smart." The program encourages motorcyclists to get proper training, wear protective gear, and ride sober. It also promotes motorcycle awareness among car drivers on Ohio roads, encouraging them to look out for motorcyclists and give riders extra room on the highway.

 


   South Carolina S-605, a bill that will allow Palmetto State motorcycles to have vertical license plates on their bikes, passed the State Senate. The bill was sent to the House for consideration where it still faces a committee hearing and readings. If you live in South Carolina please contact your Representative and ask that they support S-605.

 


   A Toronto, Ontario Sikh who lost his battle to ride a motorcycle without a helmet has decided to file an appeal against the Canadian Court decision, saying that it will be in the "larger interest" of the community.
    The Court had on March 6 dismissed a plea of Baljinder Badesha, who was fighting a $110 ticket he received in September 2005 for not wearing a helmet over his turban while riding his motorcycle. He had claimed that the law discriminates against Sikhs because their religion obliges them to cover their hair with nothing more than a turban.
    Badesha, a 39-year-old father of four who immigrated from India to Canada in 1989, said that he would challenge the constitutionality of the law, rather than focusing his fight solely on the ticket he received.

 


    The Australian Department of Sustainability and Environment (DSE), Parks Victoria, and Victoria Police began a campaign to spot rogue off-highway vehicle (OHV) behavior in the state's parks and forests over the Easter weekend.
Additional patrols were conducted over the holiday break, and authorities watched riders around popular camping areas in Victoria. Easter is a popular time for OHV riders to head for the bush, and licensed and registered riders were welcome to use the 36,000 kilometers of forest road in Victoria's state forests and parks.
Riders are only permitted to ride on official roads and tracks on public land if they have a motorcycle license, their bike is registered, they are wearing an approved helmet, and normal road rules apply in state forests and parks.
Unlicensed riders can expect a fine of over $500 if they are caught riding in state forests and parks, and if the bike is also unregistered the total fine is close to $900.

 


    Honda Motor Company scientists are claiming that if a motorcycle resembles a human face, especially an angry one, the motorcycle will be more visible to other motorists. This design can be seen on Honda's ASV-3 motorcycle as well as new sportbike models such as the 2008 CBR 1000RR. The look is achieved by slanted headlights and the shape of the nose.

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AMA Government Relations News & Notes is a monthly service compiled and edited by the AMA
Government Relations Staff to keep motorcyclists informed of happenings around the world. We welcome
your news & views. Please submit all material to Terry Lee Cook, Grassroots Manager,
13515 Yarmouth Drive, Pickerington, OH 43147; fax 614-856-1920 or e-mail to tcook@ama-cycle.org.

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Ride Free, Ride Often
Bill C.

"When the people fear the government you have tyranny ... when the government fears the people you have liberty." President Thomas Jefferson