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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. For more information, call
us at 1-(800) ON-A-BIKE or visit us on our website at < NCOM NEWS BYTES
POLICE URGED TO CRACK DOWN ON SPEEDERS A group of state traffic safety
officials is calling upon police departments to cease and desist in allowing a
"cushion" for speeders.
Authorities patrolling U.S. highways tend to give motorists a cushion of up to
10 miles per hour above the speed limit before pulling them over, according to a
report released June 13th by the Governors Highway Safety Association, and this
practice creates an unsafe comfort level at high speeds and is a potential
safety hazard, they say.
The group found that 42 states allow drivers to regularly exceed the speed limit
before they are stopped.
"This cushion truly exists across this country and in some cases is more than 10
mph above posted limits," said Jim Champagne, the association's chairman.
"Law enforcement needs to be given the political will to enforce speed limits
and the public must get the message that speeding will not be tolerated," said
Champagne, who also is executive director of the Louisiana Highway Safety
Commission.
The survey's release coincided with the association's forum on ways to address
speeding, with the goal of making recommendations for states to consider.
"As a country, if we are going to reduce the carnage on our roadways, speeding
must be given the same level of attention that has been given to occupant
protection and impaired driving," Champagne said.
Since 1994, 38 states have increased their speed limit, the report said.
Congress in 1995 allowed states to raise limits above 55 mph in urban areas and
65 mph on rural roads.
A study released in 1999 by the Insurance Institute for Highway Safety estimated
an increase in deaths on interstates and freeways of about 15 percent in the 24
states that had raised their speed limit in late 1995 and 1996.
HOUSE APPROVES TOUGH NEW ANTI-GANG MEASURE The U.S. House of Representatives
voted May 11th to approve a bill that changes the definition of criminal street
gangs and imposes mandatory minimum sentences for gang-related crimes, and
making them a federal offense with a schedule of penalties ranging from 10 to 30
years, with a sentence of life in prison or capital punishment for a gang crime
that results in a death.
The Republican-backed bill, approved overwhelmingly 279-144, is one of several
aimed at establishing minimum penalties to replace mandatory sentencing
guidelines struck down by the Supreme Court. H.R. 1279, the Gang Deterrence and
Community Protection Act, was introduced by Rep. J. Randy Forbes (R-VA) after a
Supreme Court ruling in January allowed judges to deviate from the harsh
penalties specified in federal sentencing guidelines.
Supporters say the "Gangbusters" bill was designed to give prosecutors and law
enforcement officials tools for dealing with gangs similar to those that the
Racketeer Influenced and Corrupt Organizations (RICO) Act gives them to combat
organized crime.
The legislation revises the legal definition of a "criminal street gang" from at
least five to at least three people who have committed at least two crimes
together, at least one of them a violent crime.
Minimum mandatory sentencing guidelines would impose death or life imprisonment
for any crime resulting in death; at least 30 years in prison for kidnapping,
aggravated sexual abuse or maiming; and at least 20 years for an assault
resulting in serious bodily injury. Convictions for other gang crime -- defined
as violent crimes and other felonies committed to further the activities of a
street gang -- would result in a minimum prison term of at least 10 years. Gang
members would be able to avoid the toughest sentences if they cooperate fully
with prosecutors.
President Bush endorsed the bill shortly before the vote, with a White House
statement declaring that increasing the penalties for illegal gang activity will
"deter violence and encourage cooperation from gang members."
The bill's prospects in the Senate are uncertain. Senators Dianne Feinstein
(D-CA) and Orrin Hatch (R-UT) have introduced an anti-gang bill that, unlike
Forbes' bill, contains funding for crime prevention programs and does not
include mandatory minimum sentence provisions.
In an urgent message to the Confederations of Clubs from the National Coalition
of Motorcyclists, NCOM Founder Richard Lester states in part: "HR. 1279 was
introduced on March 14, 2005 by Representative Randy J. Forbes: We all have to
get our letters in to the Senate to get this bill stopped quickly, as it is on
the fast track and has passed further through Congress than any other Gang Bill.
As American Citizens we must all stand together and let the government hear our
voices, as we are the voices for this country and we have that right to be
heard. We are NOT 'Gangs'; we are men and women from all walks of life who enjoy
the freedom of riding our bikes and the company of other fellow riders -- and
they are trying to take that away from us! What is this country coming to, that
they can tell us we can't ride in a group of three or more or if we do we are a
Gang, or they will decide who you can associate with? What happened to FREEDOM
of CHOICE?"
HOUSE CONSIDERS BILL TO END HEALTH CARE DISCRIMINATION H.R. 2793, "The HIPAA
Recreational Injury Technical Correction Act", which would prohibit health-care
providers from denying insurance coverage to those who are injured while
participating in legal transportation and recreational activities such as
motorcycling, ATV riding, snowmobiling, or horseback riding, was introduced in
the U.S. House of Representatives on June 8th by U.S. Representatives Michael
Burgess (R-TX) and Ted Strickland (D-OH).
The bipartisan bill is similar to a Senate measure, S. 577, "The HIPAA
Recreational Injury Technical Correction Act", introduced earlier this year by
U.S. Senators Susan Collins (R-ME) and Russ Feingold (D-WI) to close a loophole
that has allowed insurance companies to discriminate against motorcyclists and
others involved in so-called "risky activities" when it comes to paying for
health care benefits. A nearly identical bill was approved by the Senate last
session, but failed to clear the House.
CONGRESSIONAL QUARTERLY RECOGNIZES BIKERS POLITICAL CLOUT According to a recent
Congressional Quarterly report, the National Highway Traffic Safety
Administration (NHTSA) is spearheading a campaign to encourage states to enact
stronger seat belt laws, but its efforts are hampered for the state helmet law
debate by a 1998 law that bars the federal agency from lobbying on the issue,
the CQ report stated.
Congress has been pretty clear in directing the agency not to get involved, said
NHTSA spokesman Rae Tyson, and the CQ report said few in Congress appear
inclined to loosen the leash on the NHTSA - "a tribute to the political muscle
that motorcyclists enjoy."
National motorcycle political action committees are not big contributors to
federal candidates and lobbying in comparison to other groups. Their success is
attributed to work at the grass-roots level, where they have framed the helmet
issue as a question of free choice rather than safety.
The battle continues with heated debate in many states, and it has become
apparent Congress no longer wants to be involved even though it was instrumental
in starting the controversy.
The federal role in helmet use started in 1967 when the government began
requiring states to enact helmet laws to qualify for some safety and highway
building funds. By 1975, all but three states mandated motorcycle helmets.
A backlash began almost immediately and the federal helmet law was repealed,
followed by numerous states repealing or amending their helmet laws. A second
federal helmet law was enacted by Congress in 1991, only to be repealed four
short years later.
Arguments that wearing helmets should be a matter of individual choice prevailed
in those decisions and also in a number of state fights over mandatory helmet
laws where requirements were dropped, or modified. Today, 30 states allow adult
freedom of choice regarding helmet wearing.
The United States Senate on May 11 defeated an amendment that would have given
states incentives to mandate helmet use.
FLORIDA BIKERS ENJOY POLITICAL SUCCESS ABATE of Florida, Inc. reports that four
of the bills that they supported have been passed and signed by Governor Jeb
Bush. Included in those bills are a Right-of-Way violations measure that
enhances penalties against those who are convicted of a right-of-way violation
that results in the severe injury or death of another person.
Another ABATE-backed bill will result in stiffer penalties for those convicted
of running a red light that causes an accident resulting in the injury or death
of another road user.
In addition, a law was passed to modify the state's current handlebar height
limit to allow them to be shoulder height when the rider is seated on the bike.
Previously, handlebars could be no more than 15 inches from the seat, causing
many stock motorcycles to be illegal.
But the coup de gras for Florida riders was a state budgetary item that earmarks
$500,000 for motorcycle safety to be administered by ABATE of Florida, Inc.
"This money will allow us to protect our people," said James "Doc" Reichenbach,
State President of ABATE of Florida, Inc., and Chairman of the Board of the
National Coalition of Motorcyclists (NCOM). ABATE has already begun putting up
motorcycle safety billboards.
This is the first time that a state motorcyclists' rights organization has
succeeded in getting safety funding approved through the state budget.
"We want other states to know what we did, so that they can do it in their
states," said Doc.
MASSACHUSETTS BILL WOULD ALLOW MOTORCYCLISTS TO RIDE ON SHOULDER House No.
2017, a bill which would allow motorcyclist the use of the breakdown and access
lanes on highways during backed up traffic, has been introduced in Massachusetts
to allow traffic relief for motorcyclists and to avoid overheating in heavy traffic.
The "Motorcyclists Seasonal Traffic Congestion Relief Act", sponsored by the
Massachusetts Motorcycle Association (MMA), would allow motorcyclists on
Massachusetts roads with two or more travel lanes in the same direction, when
traffic is traveling at 10 mph or less, to use the breakdown and access lanes,
at speeds NO GREATER THAN 20 mph, yielding to emergency and disabled vehicles,
to help relieve traffic congestion and prevent motorcycles from over-heating and
becoming disabled themselves.
In other action, House Bill 1983, submitted at the request of the MMA, would
prohibit any municipality or the state from banning motorcycles on any public road.
MOTORCYCLES REV UP TO TOP 1 MILLION IN SALES According to a USA Today report,
new motorcycle sales last year jumped to their highest level since 1979.
Pushed by an increase in female riders and the broadening appeal of motor
scooters and other small, less-expensive two-wheelers, sales rose 4.7 percent to
top 1 million for the second-consecutive year, according to the Motorcycle
Industry Council.
Top brands in 2003, according to the MIC's latest available market-share data:
The average age of motorcyclists rose to 41 in 2003, the latest available data,
from 32 in 1990. Most were married. A third are college graduates, nearly double
the 1990 number. Baby boomers still "drive the motorcycle market," while
scooters such as Vespa and Aprilia are popular on campuses and in some urban
areas -- accounting for 5 percent of motorcycle sales last year, climbing from
3.8 percent in 2003.
WEIRD NEWS: GAS INSURANCE Or maybe it's a great idea! Car drivers in Germany
can now insure themselves against rising gas prices. For £ 13.80 ($25.50) per
year, an insurance company now offers a policy against gas prices rising by more
than 15 percent. If the price for the chosen type of gas does go up more than
that, the company will cover the difference in cost. It will pay the price
difference for up to 2000 litres (520 gal.), writes Bild newspaper. Or maybe
they should just buy motorcycles?
QUOTABLE QUOTE: "In the truest sense, freedom cannot be bestowed; it must be
achieved."
Franklin D. Roosevelt, (1882-1945) the thirty-second President of the United States
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