THE
AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought
to you by Aid to Injured Motorcyclists (A.I.M.) and the National
Coalition of Motorcyclists (NCOM), and is sponsored by the Law
Offices of Richard M. Lester. If you’ve been involved in
any kind of accident, call us at 1-(800) ON-A-BIKE or visit
www.ON-A-BIKE.com.
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NCOM
BIKER NEWSBYTES
Compiled
& Edited by Bill Bish,
National
Coalition of Motorcyclists (NCOM)
BIGGEST
LITTLE NCOM CONVENTION IN RENO
Like
“The Biggest Little City in the World,” this
year’s 32nd annual NCOM Convention in Reno NV may have
experienced a slight reduction in numbers, but it continues to be the
largest gathering of bikers’ rights advocates on the planet
with hundreds of representatives from Motorcyclists Rights
Organizations (MROs), clubs and associations across the
country.
The
National Coalition of Motorcyclists (NCOM) board of directors moved
to broaden the spectrum of programs aimed to assist bikers’
rights groups while expanding outreach to active segments of the
motorcycling community such as the Confederations of Clubs, women
riders, clean & sober, Christian Unity, sportbikers, tourers
and veterans. The NCOM Legislative Task Force likewise took
action to provide supportive services on the legislative front, while
the Aid to Injured Motorcyclists (AIM) nationwide network of biker
attorneys continually develops new strategies for litigation on a
litany of motorcycling
issues.
In
addition to meetings and breakout sessions conducted Mother’s
Day Weekend, May 11-14 at the Silver Legacy casino, the NCOM
Convention featured seminars on Federal Anti-Profiling Legislation,
Civil Rights And How To Protect Them, Driverless Vehicles, and a
special presentation by Sr. EMT Instructor Slider Gilmore on
“The Diabetic
Rider”.
During
the Silver Spoke Awards Banquet on Saturday evening, several honorees
were recognized for their contributions to “Improving The
Image of Motorcycling”, including; GOVERNMENT: U.S. Senator
Jodi Ernst of Iowa; MEDIA: Scott & Denise High of
Thunder Roads Magazine - Tennessee; LEGAL: Christopher
Slater, AIM Attorney for Oregon & Washington;
ENTERTAINMENT: Frank Fritz of “American Pickers”
TV Show; SPECIAL
RECOGNITION: Stephen Stubbs, NCOM Attorney – Nevada; and
NCOM’s highest honor, the Ron Roloff Lifetime Achievement
Award, was presented to Boar, NCOM Liaison for Confederation of
Clubs.
Next
year’s 33rd Annual NCOM Convention will
be held May 10-13, 2018 at the Renaissance – Riverview
Plaza Hotel in Mobile, Alabama. For further information,
contact NCOM at (800) ON-A-BIKE or visit www.ON-A-BIKE.com.
ANTI-PROFILING
LEGISLATION FILED IN U.S. HOUSE &
SENATE
A
bipartisan, bicameral group of lawmakers introduced a resolution to
address the issue of motorcycle profiling and promote collaboration
between the motorcycle and law enforcement communities. U.S.
Representatives Tim Walberg (R-MI), Mark Pocan (D-WI), Michael C.
Burgess, M.D (R-TX) and Collin Peterson (D-MN) led the effort in the
House (H.Res. 318), and U.S. Senators Ron Johnson (R-WI) and Jeanne
Shaheen (D-NH) introduced the Senate version
(S.Res.154).
“This
bipartisan resolution should send a clear message to relevant
regulatory and law enforcement agencies across the country:
motorcycle profiling has no place on our roads. Instead, we must
foster collaboration and cooperation between these agencies and the
riders in order to promote safety and ensure all motorists are
treated fairly under the law,” stated Rep. Pocan
in a press release issued by Rep. Walberg, co-chair of the House
Motorcycle Caucus.
“From
coast to coast, Americans of all backgrounds responsibly ride a
motorcycle as their means of transportation or simply to enjoy the
open road. This bipartisan resolution aims to raise
awareness about the reality of motorcycle profiling and foster an
open dialogue between motorcyclists and law
enforcement,” said Walberg.
H.Res.318
– “Promoting awareness of motorcycle profiling
and encouraging collaboration and communication with the motorcycle
community and law enforcement officials to prevent instances of
profiling,” has been referred to the House Judiciary
Committee, and defines profiling as; “motorcycle profiling
means the illegal use of the fact that a person rides a motorcycle or
wears motorcycle related apparel as a factor in deciding to stop and
question, take enforcement action, arrest, or search a person or
vehicle with or without legal basis under the Constitution of the
United
States.”
CONGRESSIONAL
MOTORCYCLE CAUCUS SEEKS
MEMBERS
Since
2009, the Congressional Motorcycle Caucus has provided a forum for
members of Congress who ride to support motorcyclists “through
education and awareness in order to encourage responsible
motorcycling.” The CMC also “serves to
ensure that the motorcycling community is treated equitably by
Congress as it considers infrastructure and environmental policies,
as well as safety and education
programs.”
U.S.
Representatives Tim Walberg (R-MI) and Michael C. Burgess, M.D.
(R-TX) head the caucus, and with the new Congress being recently
seated the two sent a “Dear Colleague” letter to
their peers in the U.S. House of Representatives soliciting CMC
memberships from those who ride or have an interest in motorcycle
issues: “We invite you to join the CMC to help promote
these and other initiatives,” and in addition to promoting
sound policy, “CMC members can help highlight the safety of
motorcyclists through the recognition of Motorcycle Awareness Month,
hosting and participating in industry fly-ins, drawing attention to
the national ‘Ride to Work Day,’ promoting rider
awareness and safety at national events -- such as the Sturgis
Motorcycle Rally and Summer X Games -- ensuring motorcycle safety is
remembered in the transportation reauthorization process, and working
to remind operators to be aware of motorcycles with whom they share
the roads and
highways.”
If
he or she rides, please encourage your Congressional Representative
to join the CMC by contacting Rep. Burgess’ office at
5-7772 or Rep. Walberg at
5-6276.
HISTORIC
VEHICLE REGISTRY
A
federal bill has been introduced in the 115th Congress “to
establish a program to accurately document vehicles that were
significant in the history of the United
States.”
The
National Historic Vehicle Register Act of 2017 (S.966) was introduced
April 27, 2017 by U.S. Senators Gary Peters (D-MI) and Rob Portman
(R-OH) and would require the U.S. Department of the Interior to
create a register housed in the Library of Congress to preserve
examples of historically significant automobiles, motorcycles, trucks
and commercial
vehicles.
This
project is the first of its type to create a permanent archive of
significant historic vehicles that would include short narratives,
photographs and engineering drawings of each vehicle. To be
eligible for the register, vehicles must be connected to a
significant person or event in American history, have a unique design
or be a rare model.
The
Senate bill has been referred to the Committee on Energy and Natural
Resources.
LIQUOR
SALES CHARGE AGAINST MOTORCYCLE CLUB
DISMISSED
A
North Dakota district court judge has dismissed a liquor sales charge
against a Minot motorcycle club, following motions to dismiss filed
by Aid to Injured Motorcyclists (A.I.M.) Attorney Justin Vinje and
the prosecuting
attorney.
The
Ice Cold Ryders Motorcycle Club had been charged with engaging in the
unlicensed sale of alcohol at their clubhouse. A police
investigation of a nearby disturbance during the morning of November
29, 2015, led law enforcement to peer inside the clubhouse during a
social gathering.
Inside,
officers saw a large number of people socializing and drinking
alcoholic beverages. Law enforcement concluded that
unlicensed liquor sales were occurring. One officer
testified in support of a search warrant, falsely claiming to have
also seen a cash register in the
clubhouse.
Law
enforcement received a search warrant and entered the clubhouse later
that morning, seizing the club’s security equipment, sound
system, coolers, alcoholic beverages, and paper documents.
Law enforcement also froze the club’s bank
accounts.
On
October 6, 2016, nearly a year after the raid, law enforcement
charged the club with the unlicensed sale of alcohol.
A.I.M. Attorney Justin Vinje represented the club and requested law
enforcement’s investigative reports. Those
reports mainly consisted of an analysis of the club’s
banking records and an inventory of items seized. The
reports also revealed that law enforcement never seized a cash
register from the
premises.
During
the case, a confidential informant with ties to local law enforcement
contacted Vinje, telling the club’s lawyer that law
enforcement asked her to attend club gatherings and wear a wireless
recording device to capture proof of unlicensed alcohol
sales.
The
informant wore a wire and attended two club gatherings in the spring
of 2016. A SWAT team stood at the ready to raid the club in
the event of illegal activity. No unlawful alcohol sales
took place, but the government failed to provide any records of this
to the defense.
Attorney
Vinje filed a motion to dismiss the charge, due to the
government’s failure to turn over records related to the
confidential informant’s activities. Vinje also
filed a motion to suppress evidence from the search, arguing that law
enforcement testified falsely about the presence of a cash register
during its application for the search
warrant.
Three
days later, the government filed a motion to dismiss the charge,
citing insufficient evidence to proceed and that dismissal would
serve the interest of judicial economy. The case was
dismissed.
NEW
HAMPSHIRE REPEALS HANDLEBAR HEIGHT
LAW
Without
a federal standard, the regulation of handlebars on motorcycles rests
with the states, and until recently New Hampshire was among more than
30 states that limit the height of
handlebars.
On
May 15, 2017 N.H. Governor Chris Sununu signed SB27; “RSA
266:77, relative to grips and handlebars on motorcycles, is
repealed.”
The
Granite State began regulating handlebars in 1967, a time when many
state legislatures associated motorcycling with the counter-culture
captured by films like “The Wild Ones” and
“Easy Rider,” explained Charlie St. Clair,
executive director of the Laconia Motorcycle Week
Association. “Law enforcement pulled people over
for high bars as a tool for probable cause,” he said in
applauding the bill’s passage, adding, “I have
never heard of handlebars presented as a safety
issue.”
Unfortunately
for attendees of this year’s Laconia Motorcycle Week, held
annually since 1923 during the nine days in June ending on
Father’s Day, the law becomes effective 60 days after
passage, which will be July 11,
2017.
BILL
ADDRESSES “MASKED” MOTORCYCLISTS BEING CITED IN
LOUISIANA
Louisiana
has a law prohibiting the wearing of masks in public, and according
to an article in the Baton-Rouge Times-Picayune, motorcycle riders
are being “pulled over and ticketed under the mask-wearing
law because they were wearing helmets that concealed their
faces.” Louisianans are banned from
“concealing their faces with masks or hoods, except during
Mardi Gras, Halloween or for religious
reasons.”
Now
a bill authored by Rep. Alan Seabaugh (R-Shreveport), HB161, would
revise the law to exempt motorcycle safety helmets. By all
indications, the bill will pass, and it is currently pending Senate
final passage. Speaking before the Committee
on Administration of Criminal Justice, Rep. Seabaugh said his bill
arose out of complaints from motorcyclists in his district who said
they have been harassed by "overzealous law enforcement
officers." Riders have been pulled over at random,
according to testimony by ABATE of Louisiana, claiming one officer in
particular has targeted motorcyclists whose helmets and face shields
concealed their
faces.
Apparently
recognizing the absurdity of ticketing motorcyclists for wearing
helmets, when helmets are required by law, committee
members unanimously agreed that the mask-wearing ban needs
revision. They tacked on an
amendment “clarifying that the exemption
only applied to motorcycle helmets being used during a ride,”
then recommended the bill for full House
approval.
Rep.
Terry Landry (D-New Iberia), a former Louisiana State
Police superintendent, thanked the committee for supporting
the bill. "I think it corrects a
wrong."
WEIRD
NEWS: MAN ATTEMPTED SEX WITH
MOTORCYCLE
A
man has appeared in court in
Canterbury, England for allegedly attempting to have sex with
Suzuki’s most alluring model, a GSX-R.
Mechanophilia, where a person is sexually attracted to cars,
motorcycles, helicopters, ships, planes and other vehicles, is a
crime in the U.K. and if found guilty, perpetrators can be placed on
the sex offenders'
register.
The
33-year old chap reportedly exposed himself in public and tried to
engage in a tempestuous relationship with his motorcycle, after
previously being seen punching and kicking the bike on the same
day. Apparently drunk and on drugs, he claimed in court to
remember dropping his trousers but denied exposing himself and has
pleaded not guilty to indecent exposure and criminal
damage.
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QUOTABLE
QUOTE: “The one thing that
doesn't abide by majority rule is a person's
conscience.”
~
Harper Lee (1926-2016) author of the classic novel “To Kill
a Mockingbird”