AMA News & Notes is a monthly publication compiled and edited by the American Motorcyclist Association (AMA) Government Relations Department. Designed to inform motorcyclists of rights-related issues and events around the world, News & Notes welcomes your input. Suggestions and editorial contributions can be sent to AMA Legislative Assistant Sheila Andrews by e-mail at sandrews@ama-cycle.org.

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Washington, DC: The U.S. Consumer Product Safety Commission (CPSC) voted unanimously (5-0) last month to extend a stay of enforcement on testing and certification of many regulated children's products, which includes youth model-motorcycles and ATVs. While enforcement of specific CPSC testing requirements has been stayed, the products must still comply with all applicable rules and bans.

Additionally, the Commission voted (4-1) to extend the stay on certification and third party testing for children's products subject to lead content limits until February 10, 2011. Under this decision, products must still meet the 300 ppm (parts per million) lead limit now, but certification and third party testing to show compliance will be required for all children's products manufactured after February 10, 2011.
Source: http://www.amadirectlink.com/news/story.asp?id=1621


Hollister, Calif.: Bureau of Land Management (BLM) Clear Creek Draft Plan public meeting schedule released. The BLM Hollister Field Office will host three public meetings to gather comments on the Clear Creek Management Area Draft Resource Management Plan (RMP) and Environmental Impact Statement (EIS) in January 2010. Each public meeting will begin with an open house where the public can gather information, talk with BLM specialists, and provide written comments on the draft RMP/EIS. Following the open house, the BLM will give a brief introduction followed by an opportunity for the public to provide oral comments on the draft RMP/EIS. Although oral comments will be noted on flip charts, BLM will only respond to written public comments in the proposed RMP and final EIS.
Each public meeting will take place from 5:30 - 8:30 p.m. 
    Jan. 13, 2010: Harris Ranch Garden Ballroom, 24505 W. Dorris Ave., Coalinga, Calif. 
    Jan. 14, 2010: Veterans Memorial Hall, 649 San Benito St. Hollister, Calif. 
    Jan. 20, 2010: Santa Clara Convention Center, Great America Meeting Rooms, 5001
Great America Parkway, Santa Clara, Calif.

For additional information contact the Hollister Field Office at (831) 630-5000. The draft RMP/EIS is available for public review online at: www.blm.gov/ca/st/en/fo/hollister/clear_creek_management_area/CCMA_RMP.html.


Kern County, Calif.: Judge orders closure of popular off-highway vehicle (OHV) trails in Mojave Desert. An administrative law judge has rescinded a Bureau of Land Management (BLM) decision to open two OHV trails in the Mojave Desert. The decision from the Interior Department's Interior Board of Land Appeals (IBLA) upholds an appeal brought by the Center for Biological Diversity, which argued the plan to open two routes in the Rand Mountain Management Area of Kerns County was flawed.

David Briery, a spokesman in BLM's California Desert district, said his office had not yet seen the IBLA ruling and that Interior attorneys would determine the agency's next move in the coming weeks.
Source: http://www.mercedsunstar.com/280/story/1257895.html


Tracy, Calif.: Carnegie State Vehicle Recreation Area (SVRA) focus of lawsuit. Recently, Judge Frank Roesch of the Alameda Superior Court indicated his intent to sign an order that would effectively close the SVRA to public use by directing the suspension of all off-highway vehicle (OHV) activity.

In response, California State Parks went to court to request a stay to delay an immediate closure of the park. The judge granted a stay, delaying closure of the park until the end of business on Dec. 29, 2009.

On Thursday Dec. 24th, the Attorney General's office filed a petition with the First District Court of Appeals, in San Francisco. This action requested an immediate stay of the closure order until the Court of Appeals has time to review the lower court's decision.

On Monday, Dec. 28th, the First District Court of Appeals, in San Francisco, issued a "temporary stay", as requested by the Attorney General's office on behalf of California State Parks. The order from the Appellate Court prevents enforcement of the lower court ruling that would have closed the park on Dec. 29th. Plaintiffs in the case now have until Jan. 6, 2010 to respond to the petition filed by the Attorney General and demonstrate why there would be irreparable harm, if any, from permitting or prohibiting OHV activity in the park, until the Central Valley Regional Water Quality Control Board takes action on the Report of Waste Discharge filed by State Parks. California State Parks has until Jan. 11 to respond to the plaintiff's brief. The park remains open until the Court of Appeals renders its final decision.

For further info visit www.ohv.parks.ca.gov/?page_id=26096 and the recently launched www.CarnegieForever.org, which includes a petition and links to current information.


San Bernardino, Calif.: A requirement that 10 or more people must obtain a $155 permit to use OHVs on private property could soon be erased from county code. Morongo Basin's county supervisors Neil Derry and Brad Mitzelfelt plan to recommend removing the staging-permit requirement from San Bernardino County's OHV code, which was passed in 2006. Under the current ordinance, groups of 10 to 199 people gathering to use OHVs must obtain a temporary special-event permit.

The new language allows a gathering without a permit as long as the event occurs on a lot of at least 2 1/2 acres, is consistent with the other provisions in the ordinance and lasts four consecutive days or less within a 30-day period. In the past three years, six people have received a total of 14 permits, a number the supervisors say is so low that it proves the permit itself is not necessary.
Source: http://www.hidesertstar.com/articles/2010/01/06/news/doc4b4431b525446548149508.txt


Oregon: New OHV rules took effect on January 1, 2010. Changes in state law will require children under age 16 to be secured by proper restraints while riding in class I and class II vehicles mandated to have seatbelts. Class II vehicles include jeeps, trucks or side-by-side vehicles used for off-highway riding. Class I vehicles that are affected include youth-sized, side-by-side all-terrain vehicles that weigh 800 pounds or less and have seatbelts. Riders in class I quads and three-wheelers, ATVs weighing less than 800 pounds, are exempt from the law.

The change in the helmet requirement mandates that youths under 18 must wear fastened, DOT-approved helmets while riding in any class of OHV not registered by the Division of Motor Vehicles. Anyone riding in a registered, street-legal class II ATV that leaves the highway is exempt.

Both changes resulted from legislation passed in the 2009 legislative session and signed into law by Gov. Ted Kulongoski. The new safety restraint requirements were carried in Senate Bill 579. The amended off-highway helmet requirement was passed in Senate Bill 583.

Anyone with questions can call the Parks and Recreation Department hotline at 1-877-7SAFELY (1-877-772-3359), email them at atv.info@state.or.us or visit www.oregonohv.org for more information.


Indiana: Senate Bill 111, introduced by Sen. Timothy Lanane (D-Anderson), would make it a Class C misdemeanor to use a handheld wireless communications device to transmit a text message or electronic mail message while operating a motor vehicle. It also would provide enhanced penalties for repeat offenders or if another person is injured or killed. Consistent with the AMA position on distracted and inattentive motor vehicle operations, SB-111 holds vehicle operators more accountable for their actions.


Arizona: State officials plan to crack down on OHV registration compliance. Citing statistics that indicate less than a quarter of OHVs currently registered in the state have the required OHV decal, Arizona Game and Fish officers will be stepping up compliance enforcement efforts when out in the field. The $25 OHV registration decal is good for one year from the date of purchase. Also, the Motor Vehicle Department (MVD) does not send renewal notices, so it is the responsibility of owners to make sure their vehicles remain in compliance.

The OHV decal program took effect on Jan. 1, 2009, and requires the annual purchase of a decal for any OHV designed by the manufacturer primarily for use over unimproved terrain and weighing 1,800 pounds or less. This includes most all-terrain vehicles, side-by-sides (utility vehicles), dirt bikes and some sand rails.

Game and Fish officers will be citing vehicle owners who fail to display the required OHV decals soon. The fine for not having the decal is $250. Decals can be obtained online at www.servicearizona.com, at any MVD office or MVD third-party service providers.
Source: http://www.yumasun.com/news/ohv-55280-compliance-state.html


Illinois: House Bill 4701, introduced by Rep. Dan Brady (R-Bloomington), would require all motor vehicles operated on a highway, not just motorcycles, but also motor-driven cycles, and motorized pedalcycles, to use head lamps or daytime running lights at all times. Motorcyclists uneasy that such a "lights on" policy will wash out their profile in traffic should contact their state representative to make their concerns known.


Minnesota: 2009's preliminary traffic death count of 403 marks another significant drop in annual road fatalities, representing a eight percent drop from the 455 deaths in 2008. The state projects a final death number of around 420, which would be the fewest number of fatalities since 356 were reported in1944.

The preliminary 51 motorcyclist deaths represent a sharp decline (29 percent) from 72 rider deaths in 2008, which was a 24-year high. The drop in rider deaths is especially significant as ridership is at an all-time high.

The most critical stat to determine road safety is the death rate per 100 million vehicle miles traveled (VMT). The Department of Public Safety estimates the 2009 VMT will be 0.75, which would be the lowest ever for Minnesota. In 2008, the state VMT fatality rate was 0.79 (less than one death per 100 million VMT) - among the lowest in the nation - and down from a rate of 5.52 in 1966.

The 403-fatality count includes motorists (298), motorcyclists (51); pedestrians (36), bicyclists (9), ATV riders (3), farm equipment operators (3), commercial bus passengers/drivers (2), and a road maintenance vehicle occupant. Distracted, impaired driving, not using a seat belt and speeding are expected to be the primary contributing factors of the 2009 fatal crashes and serious injuries.
Source: http://redrockonair.com/news/2010/01/07/mns-annual-traffic-deaths-drop/


New Jersey: Assembly Bill 4164, sponsored by Asm. Ruben Ramos, Jr. (D-Hoboken), would provide an exemption from the sales and use tax for sales of recreational safety helmets, including those worn by motorcyclists.

Also Assembly Bill 4244, sponsored by Asm. Vincent Prieto (D-Secaucus), proposes a $150 penalty per violation for alteration of equipment or the performance of equipment of any vehicle that has been approved at an official inspection facility with the intent to defeat the purpose of the inspection. The bill also would make the operation of any such altered vehicle a violation.


Pennsylvania: House Bill 2104, sponsored by Rep. Michael K. Hanna (D-Lock Haven), would permit a person to file a complaint against the owner/operator of a motor vehicle that violates provisions in Section 4523 (exhaust systems, mufflers and noise control) of Title 75 of the Pennsylvania Consolidated Statutes. A magisterial district judge could issue a search warrant, authorizing the Pennsylvania State Police to inspect the motor vehicle and take appropriate action.