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AMA News and Notes July 2010

Saturday, June 12, 2010
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, AMA 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.
American Motorcyclist Association
 
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In addition to signing up for AMA Action Alerts, you can sign up to receive the monthly electronic edition of AMA News & Notes. AMA News & Notes keeps motorcyclists apprised of rights-related issues and events around the world. Click here and check the "Sign me up for AMA's Government Relations News & Notes" box at the bottom of the page.
 
House Natural Resources Committee Ranking Member Doc Hastings (WA-04) and Subcommittee on National Parks, Forests and Public Lands Ranking Member Rob Bishop (UT-01) introduced a second Resolution of Inquiry (H. Res. 1406) seeking the missing pages of an internal Department of Interior (DOI) memo detailing plans to potentially designate 13 million acres as National Monuments. Hastings and Bishop introduced a similar resolution in April that was effectively blocked when Committee Democrats voted against passing it out of Committee with a favorable recommendation.
 
Despite repeated requests for documents, DOI has refused to release a complete copy of the "Internal Memo." To date, only pages numbered 15 to 21 have been revealed. DOI continues to withhold pages 1-14 and pages 21 and higher.
Hastings and Bishop called on Secretary Salazar to bring the missing pages of the "Internal Memo" when he testified before the Natural Resources Committee on Wednesday. When Bishop asked about the documents at the hearing, Deputy Secretary David Hayes confirmed that they did not bring them.
 
House rules provide that the Democrat Majority on the Committee has 14 legislative days to report the Resolution of Inquiry or it becomes eligible to be brought to the Floor of the House of Representatives for a vote as a Privileged Resolution.
Source: http://republicans.resourcescommittee.house.gov/News/DocumentSingle.aspx?DocumentID=187602

The Congressional Motorcycle Safety Caucus continues to expand in numbers. Congressman Walter B. Jones, from North Carolina's Third Congressional District, joined the bipartisan caucus in early June of this year.
 
Co-chaired by Congressman Michael Burgess (TX-26) and Congresswoman Gabrielle Giffords (AZ-08), the CMSC is made up of Representatives that are motorcyclists, motorcycle enthusiasts and have a deep interest in the issues of the riders in their districts. It is influential in connecting the rest of Congress with the needs of motorcyclists through legislation, promotion of May as Motorcycle Awareness Month and events on Ride-to-Work Day.
 
The addition of Congressman Jones brings membership to just over a dozen Representatives from multiple areas of the country and both sides of the aisle. If you are interested in having your Member of Congress join the CMSC, you can contact them directly using the information available on the Rights section of the AMA website. Simply go to www.AmericanMotorcyclist.com, click on Rights > Issues and Legislation and enter your Zip code in the box on the right.
 
Forest Service announces fee waiver dates. Forest Service Chief Tom Tidwell announced today that the Forest Service would offer two fee- waiver weekends during the summer of 2010, in addition to other annual fee- waiver events at standard amenity fee sites. The first fee- waiver weekend will be June 5-6. These fee waivers will be offered in cooperation with other federal agencies under the Federal Lands Recreation Enhancement Act (REA).
 
"The Forest Service is working to ensure as many visitors as possible have the opportunity to experience the great outdoors and take advantage of the many recreational activities national forests have to offer," said Tidwell. "By waiving fees, everyone will have the opportunity to enjoy the wonder and rejuvenation of recreation on national forests."
 
The Fee- Waiver dates for 2010 are as follows:
- National Trails Day - June 5-6, - fees will be waived for Saturday and Sunday.
- Back-to-School Season - Aug.14-15, - fees will be waived for Saturday and Sunday.
- National Public Lands Day - Sept 25, 2010 -This fee waiver is offered every year.
- Veterans' Day - Nov. 11, 2010 - This fee waiver is offered every year.
 
The Forest Service operates about 17,000 recreation sites. Of those sites, approximately 6,000 require a fee at recreation sites, which provide visitor services, needed maintenance and repairs, and recreational facilities and services. The mission of the USDA Forest Service is to sustain the health, diversity, and productivity of the Nation's forests and grasslands to meet the needs of present and future generations. The Agency manages 193 million acres of public land and is the largest forestry research organization in the world.
Source: http://www.fs.fed.us/news/2010/releases/06/waiver.shtml
 
Arizona: House Bill 2475, sponsored by Rep. Jerry Weiers (R-Glendale), would permit motorcyclists in Maricopa County to lane split during 2011. Unanimously passed by the House and with a large majority in the Senate, the bill was sent to Governor Jan Brewer for consideration. Brewer vetoed the bill on May 11; read her veto letter at http://www.azleg.gov/govlettr/49leg/2R/HB2475.pdf.
 
(Correction) Maine: The previous edition of News & Notes reported that House Paper 1170 was signed into law by Governor John Baldacci and prohibits a motor vehicle exhaust system from exceeding 62 dB(A) at a distance of 50 feet or greater in an area designated as a quiet zone. This information was based on the introduced version of the bill.
 
Joshua Herndon, of the United Bikers of Maine and State Rep for the Motorcycle Riders Foundation, pointed out the bill was amended and enacted as LD-1642. Signed into law April 12 by Governor Baldacci, the legislation requires all vehicles operated in Maine to have a muffler and modifications to amplify the exhaust sound are prohibited. A study group is mandated to research the noise issue and make further recommendations to the legislature.
 
The governor also signed LD-1675 into law, which requires inspection stickers to be placed on the rear of a motorcycle registered in the state as of January 1, 2012. A study group is also mandated and must report to the legislature no later than January 1, 2011.
 
Maryland: House Bill 676, sponsored by Delegates James Malone, Jr., (D-Arbutus) and Benjamin Kramer (D-Montgomery County), authorizes the use of certain auxiliary lighting on motorcycles. Senate Bill 189, sponsored by Senator Bryan Simonaire (R-Anne Arundel County), authorizes the Motor Vehicle Administration to suspend for up 180 days the license of a person who is convicted of a moving violation that contributed to an accident that resulted in death. Both bills were signed into law May 20 by Governor Martin O'Malley.
 
Massachusetts: In a vote of 141-12, the Massachusetts House voted to increase the minimum age to operate an all-terrain vehicle (ATV) to 14-years old. This raises the minimum from the previous age of 10. After previously passing through the Senate, the bill will now head to Governor Deval Patrick for possible signature.
 
Ohio: House Bill 537, sponsored by Rep. Cheryl Grossman (R-Grove City), would require all driver license applicants under 18 years of age to provide evidence of successful completion of a first-aid and cardiopulmonary resuscitation training course within one year preceding their application.
 
Ohio: Following devastating tornados in northwest Ohio on June 5, members of the Toledo Trail Riders (http://www.toledotrailriders.com) are calling for volunteers to assist in the cleanup of the Maumee State Forest (http://www.ohiodnr.com/DNN/forests/maumee/tabid/5159/Default.aspx) APV area. Contact Matt Bucher at mbucher@toledotrailriders.com for more information.
 
Oklahoma: Five bills requested and supported by ABATE of Oklahoma have been signed into law by Governor Brad Henry. Sponsored by Rep. Mike Christian (R-Oklahoma City), House Bill 2264 adds a $3.00 fee for each registered motorcycle for deposit in the Motorcycle Safety and Education Program Revolving Fund. House Bill 2322, sponsored by Rep. Paul D. Roan (D-Tishomingo), clarifies state law with regard to yielding the right-of-way for left-turning vehicles. Two bills were sponsored by Sen. Randy Bass (D-Lawton): Senate Bill 1329 permits a motorcycle operator to proceed with caution through a 'stuck on red' traffic-actuated signal after coming to a complete stop and determining the signal did not detect the motorcycle, and Senate Bill 1670 changes the makeup of the Advisory Committee for Motorcycle Safety and Education. Lastly, Senate Bill 1917, sponsored by Sen. Cliff Aldridge (R-Choctaw), provides for special license plates in support of the Downed Bikers Association and for Armed Forces Veterans Motorcycle license plates.
 
South Carolina: In a victory against motorcycle discrimination, the South Carolina Supreme Court has struck down a Myrtle Beach, S.C., law that required riders to wear helmets within the city limits. The measure was one of more than a dozen designed to keep motorcyclists out of Myrtle Beach.

The city passed the law in 2008 despite a state law that allows motorcyclists 21 or older to choose to ride with or without a helmet. The City Council had passed 15 laws and amendments at that time targeting motorcyclists who attended week-long bike rallies in the Myrtle Beach area, ranging from the helmet requirement to a ban on loitering in parking lots, in an attempt to keep riders out of the city.
 
The state supreme court, in a decision issued on June 8, said the Myrtle Beach helmet ordinance was pre-empted by state law.
 
"We find that the City Helmet Ordinance fails under implied field preemption due to the need for statewide uniformity and therefore issue a declaratory judgment invalidating the ordinance," the high court ruled.
 
"It is regrettable that the city of Myrtle Beach felt the need to alienate motorcyclists with the law, especially since motorcyclists had supported businesses in Myrtle Beach for years during rallies," said Ed Moreland, AMA senior vice president for government relations. "But we're pleased that the South Carolina Supreme Court struck down the Myrtle Beach law, sending a clear message to all jurisdictions that discriminatory laws against motorcyclists are unacceptable."
 
The high court issued the ruling in response to a lawsuit filed on behalf of about 50 riders who were ticketed for riding without helmets shortly after the new law went into effect.

To read the opinion, visit http://www.judicial.state.sc.us/opinions/displayOpinion.cfm?caseNo=26825.
 
Utah: 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.
The UHP response can be read by clicking here.

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Comments
Joe Lawless -Webmaster  July 19, 2010 09:56 AM
Since the SC State Supreme Court threw out the Myrtle Beach helmet law, efforts are underway to undermine visiting Bikers. MYB is not going to take the Supreme Court decision laying down, especiallyu since their legal noses were rubbed in it by a unanamous Supreme Court decision. They are hell bent to enforce social bigotry of which the MYB city council and citizens of MYB so proudly boast.

As a prime example of "stubborn," the helmet signs will not be removed from the MYB streets. Instead, the reading has been changed to "Helmets Encouraged."

Now, the social bigots in the Myrtle Beach city council are making the remainder of those biker ordinances misdemeanors, offences for which you can and will be arrested, if they are passed. The engine noise ordinance in currrently before the SC State Supreme Court and it will be some time before a decision is handed down.

Mayor Rhodes and the rest of the city council have made it clear that bikers and bike rallies are not wanted and that bikers "are not our kind of people." "There are too many of you and we don't want you."

Even if the engine noise law is struck down by the State Supreme Court, the rest of the ordinances will be enforced (Including arrests) to the hilt. The objective is to nit pick, legally harass and make your life so miserable you will leave MYB and not come back.

So if you visit MYB after the ordinances are enacted as misdemeanors, you had better tow the mark and walk the line. Bikers are not welcome here, law or no law.

The shame of it all, it's all supported by the citizens of MYB.

sc