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THE KID HAS ATTITUDE– Here’s a pic I thought you might get a laugh out of. It’s of my five year old son Gunnar. We were working in the garage tonight and getting the bagger ready for a make over. Needless to say, even when shit don’t go right at five years of age, you still get pissed.
Keep up the great work!
Edward “Fingers” Jauch & Gunnar

Thanks Fingers. Speaking of shots. Send me your holiday bike shots. We’re looking for a dresser owner to give a $899 set of exhaust to, for FREE. Hell, we might even install and dyno test. Just send the shot to Bandit@bikernet.com.–Bandit

PHOTO ENFORECEMENT, ARIZONA IS LITERALLY BANKING ON IT– A few months or so back the Arizona Republic ran an article entitled, Arizona banking on speeders. The article stated that the deployment of new photo enforcement technology on state highways and byways is all about public safety.
Yet it is also said that the proposed Arizona state budget counts on the anticipated speeding fines to help erase a projected revenue shortfall. That article made me wonder what are our politician?s real motives with all this photo enforcement.
Governor Janet Napolitano was quoted as saying, “It wasn’t designated primarily for revenue generation but since we have it and it works, we want to move statewide. So what should you do if one of these little gems comes in the mail, most people, just send in the fine, accept the points against their license and hope it does not increase their insurance rates.
Personally, if I get one, I will do nothing, now I am not advocating doing anything unlawful. I’m advocating knowing your rights, the law, and how it applies to you, the courts, our cities and our state. Knowing what your rights are is the key here that?s why we have these laws.
It is reported that on a typical day in Scottsdale, 200 hundred plus people will receive an envelope in the mail, from the city’s Focus On Safety department. This envelope will include photographs of the driver, the vehicle and a close up of the license plate. It will also include a Summons, a Traffic Ticket and Complaint, a Waiver of Service and an options form.
The wording on the Summons will be something like “if you fail to appear as directed in this complaint on a civil traffic violation, a default judgment may be entered against you, a civil sanction may be imposed, and your license may be suspended.” And then there’s the notice telling you, that the Rules of Civil Procedure “require all defendants living within the United States to cooperate”. And if you don?t cooperate you will be assessed with ?further actions and additional costs including a $25.00 default fee, $25.00 time payment fee, and a minimum of $25.00 in costs if personal service is required.”
Again the question what to do if a ticket shows up general delivery mail. Mind you I am not a lawyer nor have I consulted one on this issue. But I have researched the Arizona statues and from the way they are written, if you like the picture that came with the ticket, cut it out and frame it, then shred or burn the rest.
Under current Arizona law all complaints, including photo enforcement tickets, must be personally served to you. Arizona appellate courts have thrown out cases where photo tickets were mailed. Our courts have no power to assess fines or sanctions unless the complaint was served properly. Meaning, a photo enforcement ticket is just like a lawsuit. It has to be served the same as if it were a personal injury suit, breach of contract suit, or any other lawsuit.
Arizona Revised Statues, 28-1593, Service of uniform traffic complaint explains the procedures on how you are to be served with a citation. A traffic complaint may be served by delivering a copy of the uniform traffic complaint citation to the person charged with the violation or by any means authorized by the rules of civil procedure. At the discretion of the issuing authority, a complaint for a violation issued after an investigation in conjunction with a traffic accident may be sent by certified mail, return receipt requested, delivered to addressee only to the address provided by the person charged with the violation. Service of the complaint is complete on filing the receipt in the court having jurisdiction of the violation.
According to the Arizona Revised Statues, 28-1593 unless you were in involved in and accident registered mail is out. But if they do try to send you registered mail, you are not required to accept the letter. You do not have to tell anyone your name just because they ask. Also, you are not required to accept certified or registered mail. Simply tell the postman you do not want to accept service of the letter without telling him or her who you are.
Based on the Statute the citation must be issued to you, in accordance with the Rules of Civil Procedure. Rule 4- sections D and G of the Arizona Rules of Civil Procedure state that. The citation must be personally delivered by any person appointed by the court, a private process server, or enforcement officer, to you or a competent member of your household over the age of 14. Once served a return must be filed with the court. The “return” is basically proof that you accepted the summons. Once you are legally served you must appear in court, end of story, but if they don?t serve you they can?t file a return.
The court only has 90 days from the date of filing to serve you with the citation, pursuant to Arizona Revised Statues, 28-1592 section- B part, 2. And after 120 days, the court shall dismiss the citation, pursuant to Rule 4 section I, Arizona Rules of Civil Procedure. One of several things may occur in the time period between the 90 and 120 days, such as:
1. The prosecutor may file a motion with the court to extend the time for service.
2. The court can create a local Administrative Order that allows the court to dismiss any photo enforcement case not served or acknowledged after 90 days from the date of filing.
3. The prosecutor can file a standing motion with the court to dismiss any photo enforcement case not served or acknowledged after 90 days from the date of filing. The Civil Procedure Code is in place to protect citizens in all civil cases. It is part of our justice system and designed to protect everyone’s rights.
With all that in mind, if you are the average Joe who has an otherwise clean driving record. It is highly doubtful that if you get one photo enforcement ticket and ignore it, that they will send some one after you. On the other hand, if you receive 35 tickets in a month for doing 95 mph on the freeway and ignore them they will then spend the money to have you served. The bottom line is photo enforcement has nothing to do with safety, Governor Janet Napolitano already said, “It wasn’t designated primarily for revenue generation but since we have it and it works we will use it?.
–By Tom Corr
–from Assistant District Manager MMA CG Dist.
State BOD member MMA
ABATE of AZ, Shadow Mountain Chapter.
MMA of AZ, Casa Grande District.
520-836-9402
Cell 520-252 -9675
TODAY’S CODE OF THE WEST– “Eternal vigilance is the price of liberty”
–Thomas Jefferson

AMA MEMBERSHIPS– Membership reminder letter A membership to the American Motorcyclist Association – it?s a holiday gift that keeps on giving – all year long. AMA?s mission is to protect and promote the interests of motorcyclists while serving the needs of its members.
For a modest $39 (the price of a one-year membership), your gift provides it?s recipient with a plethora of AMA membership discounts, plenty of sanctioned racing and riding events and helps underwrite this organizations political agenda to protect our rider rights at the national, state and local level.
Founded in 1924, the AMA is the worlds largest and most dedicated group of motorcycle enthusiasts. Your gift provides it?s recipient immediate association with 300,000 like-minded members of the world’s largest and most dedicated group of motorcycle enthusiasts.
Then there?s the Motorcycle Hall of Fame Museum in Pickerington, Ohio, a yearly subscription to American Motorcyclist Magazine, their bi-monthly email newsletter and affiliation with F?d?ration Internationale de Motocyclisme (FIM), the international governing body for motorcycle sport and touring activity.
And this year, if you happen to be renewing someone?s current membership, or signing them up for the first time, if you do so by November 7, 2008 your gift will also provide its recipient with a chance to win a 2008 Triumph Bonneville. And winning a bike like that would make 2008 a very ?Merry Christmas? indeed!
–from Rogue
www.bikerrogue.com

LATEST ISSUE OF CAR KULTURE DELUXE– I wanted to share our latest cover with you. It’s a jam packed issue of the rod kulture we all love.
–Geno

W8LESS ROTORS STILL ALIVE AND KICKING– Hope your trip to the SEMA event turns in to a positive. We are closer to releasing new news on the W8less front, with a finished forged rotor that will ship out of Tacoma .
Yesterday afternoon our inclusion in J & P Cycle catalog was 100% confirmed. As soon as we are active on the J & P web site a news release from Mark will head your way .
My hot rod just came off the dyno, Daytona twin tech computer indicated 305 hours running time and over 1,600 starts. Tune up found 20 more foot pounds of torque. Think I’ll go for a ride.
–Ray
831 594-7783

STRANGE MOTOR DESIGNED BY GREG FRIEND OF BARNETT’S MOTORCYCLE MAGAZINE COMES TO BIKERNET– “How’s it going? I mocked up the motor (finally),” said Greg.
He started this project of cutting a Sportster engine apart and creating a big twin looking Sportster custom bike, while he was the editor of Street Choppers at Primedia.

“Of course I’ll give you a step by step from start to finish,” Greg said. “I was thinking about moving forward with it by the end of next week.”
He started this project about three years ago. Should we give him a shot?
–Wrench

ANOTHER COOL RAFFLE BIKE TO SUPPORT THE TEACHER AND HIS CLASS OF BIKE BUILDERS– Hey guys we need to sell some tickets for this raffle to raise money for the class. Bike drawing will be done at the big Donnie Smith Invitational this March in front of the crowd. Here is the link to buy tickets. Please post in your news updates if you’d be so kind! http://www.baasmetalcraft.com/kennedy.htm
Thanks for the support
Kevin “TEACH” Baas
Kennedy Chopper Class
http://www.kennedychopperclass.com
BAAS METAL CRAFT CUSTOM CYCLES AND FABRICATION
http://www.baasmetalcraft.com
Custom made garage built motorcycle parts, vintage chopper builds and other cool stuff
952-215-1252
“When in doubt, burn out!”

HERE’S ANOTHER RAFFLE OR TWO–I’m going to buy raffle tickets for all of them. What the hell, somebody is gonna win.–Renegade

THIS ONE INVOLVES GETTING YOUR KID OR THE YOUNGER GUYS AND GIRLS IN THE SHOP TO WRITE A STORY–Send it to the Antique Motorcycle Club of America to win a chance and a vintage 45 flathead.

Custom Chrome & Zipper?s Team up to provide FREE ThunderMax VFI training– MORGAN HILL, CA Nov 1st, 2008 ? Custom Chrome has recently worked to promote ThunderMax specific training seminars being done by Zipper?s on the ThunderMax VFI product line. Custom Chrome has worked quickly to communicate the dates, times & locations to its dealer network with the creation of specific training flyers produced for each location via e-mail and fax. All a Custom Chrome dealer has to do is follow the instructions listed in the flyers and show up at any one of the venues provided to take advantage of the program.
Our Sales and tech staff is working hard to promote this training and assist in supporting this valuable, FREE of charge service provided by Zipper?s.


ANOTHER WORLD CLASS KUSTOM FAB CHOPPER FINISHED IN HAWAII–What can I say but we Finished it. I thought you might like to see how it turned out. I will be working on the article for the final installment on this project.
But for now I just want to put some miles on it…..Cause when it really comes down to it, that is why we built it…
Mahalo
–Darren


2008 MOTORCYCLE SPEED TRIAL PHOTO BOOK COMPLETED– At long last the 2008 BUB Motorcycle Speed Trials photobook is finished. 120 full color pages, 260+ images of bikes on the Salt, in the pits and the banquet.
The book also includes a listing of all the AMA certified records that were set. (FIM records have not yet been certified) and the sponsors of the event as well as a listing of the awards presented at the banquet.
You will see Roger Goldammer, the lovely and incredibly quick Leslie Porterfield (first women over 200 mph on a motorcycle on the Salt) Eric Bennett of Bennett Performance, Swiss Performance and the Top One Ack Attack with Rocky Robinson (now the fastest motorcycle in the world with a record of over 360 mph) and a host of others.
It is my intention to produce this book every year as a record of the event that we can thumb through when our days on the Salt are behind us.
Half the profits from this book will be donated to SAVE THE SALT. Here is a link to the bookstore http://www.blurb.com/my/store/public All the images in the book can be found on my website at www.scootershoots.com
–Scooter
www.scootershoots.com
BIKERNET HOLIDAY VIRUS ALERT– Please read the following. It applies to FedEx as well– The newest virus circulating is the UPS Delivery Failure. You will receive an email from UPS Packet Service along with a packet number. NOTE: The word packet is mis-spelled on this line. It will say that they were un-able to deliver a package sent to you on such and such a date. It then asks you to print out the invoice copy attached. DON’T TRY TO PRINT THIS. IT LAUNCHES THE VIRUS! Pass this warning on to all your PC operators at work and home. This virus has caused Millions of dollars in damage in the past few days.
Snopes confirms that it is real: http://www.snopes.com/computer/virus/ups.asp

MYRTLE BEACH rally rules go before judge Lawsuit hearing pits cities’ rights, bikers’ free speech– FLORENCE — Though lawyers argued passionately Tuesday about a lawsuit regarding Myrtle Beach’s motorcycle-rally ordinances, federal Judge Terry Wooten said he will not rush a decision on whether to stop the city from enforcing its new laws.
Tuesday’s was the first hearing in the three lawsuits filed against the city on behalf of motorcyclists and businesses involved with the May Harley-Davidson and Atlantic Beach Bikefest rallies, which draw hundreds of thousands of people to the Grand Strand.
Alice Paylor, one of the Charleston attorneys representing Mike Shank, owner of Festival Promotions, and Phil Schoonover, owner of Harley-Davidson of Myrtle Beach, took on five of the city’s 15 new ordinances and amendments to laws already on the books geared toward curbing the rallies’ effects.
In a hearing requesting a preliminary injunction in U.S. District Court, Paylor argued some of the city’s rules are unconstitutionally vague, some infringe on her clients’ First Amendment rights to free speech and some are pre-empted by state law.
Mike Battle, a Conway attorney arguing for the city, said city ordinances are “entitled to a presumption of constitutionality,” and that the city would have to prove its case in court against anyone cited or ticketed, the same way it would in any other case.
Paylor said the ordinances that declare the rallies a nuisance and make it illegal to promote unpermitted events using Myrtle Beach as a focal point “chill” people’s rights to speak. She said the city’s local helmet and noise ordinances go further than state law allows, and she said the city’s new administrative hearing system is not allowed under state law.
Battle said the city does have the right to start an administrative hearing procedure, the same way it has created a taxicab hearing panel or business-license boards. People receiving administrative infractions for violating the noise ordinance or helmet law would be receiving the equivalent of a building-code violation – a civil citation that does not carry a criminal penalty.
He also argued that while state law dictates what people younger than 21 must do in terms of wearing helmets, it is silent on what people older than that must do, leaving the city free to supplement the law.
Paylor’s clients have sustained financial damage by losing advertisers, she said, but the city has not shown any evidence it would suffer damage if the injunction is granted.
She said the city exceeded its lawmaking authority and that the ordinances the City Council passed in September – some of which have already gone into effect and others of which take effect in late December – are not the least restrictive ways of dealing with problems.
“The city needs to enforce its existing ordinances,” Paylor said. “The new ordinances are not necessary.”
Another federal court lawsuit – filed by Greenville attorney Suzanne Coe on behalf of Don Emery, owner of The Dog House and the Steel Horse Saloon, and Sonny Copeland, owner of myrtlebeachbike week.com, among others – was filed at the beginning of October but only officially served on the city Tuesday by Coe, who showed up at the Tuesday hearing.
The third lawsuit was filed in Horry County’s 15th Circuit Court on behalf of two residents who are motorcycle enthusiasts.
Coe spoke to Wooten near the end of the hearing, saying she thought perhaps he’d be interested in combining the two federal lawsuits to save time. He said he would read through all the documents carefully, and would look at previous case law before making any decisions.
Myrtle Beach City Manager Tom Leath, who attended the hearing, declined to comment on the hearing or the lawsuits.
“We’ll wait to hear what the judge has to say,” he said.
–Cindy Hodges


THERE’S THE SUNDAY PAPER FOR VETERANS COMING THIS TUESDAY, DON’T FORGET– I sat in on an EPA presentation at a SEMA seminar. Incredible. If half the shit they talked about was enforced there would be no motorcycle or automotive aftermarket and anyone who attempted to make a part would be fined out of business.
A gentleman said to me recently, “It’s all about the money.” In a sense, after witnessing this meeting I suspect that it’s all about control. These people get their hands on something and the next thing you know it’s out of hand. Maybe that’s why the founding fathers had such a tough time. Someone says, “kick his ass,” and next thing we know, we’re at war. Everything seems to run to extremes.
Get this. I was reading the EPA Motorcycle regulations in my Primm hotel room. In their own document they state that in some cases motorcycles represent 0 percent of pollutions emitted and at the highest rate less than 1 percent. What the fuck? The EPA will spend millions setting up regulations and severe anti-tampering regulations for 1 percent. There’s something missing here. I thought Freedom was a priority in this country.
Get this, the highest polluter in Los Angeles, California is the Port of Los Angeles and the second highest is fast food joints and barbecues. I hope they’re spending a helluva lot more to regulate them. I’m going to find out and bring you the report. I’m also going to work with Russ Dean, the legal council of SEMA, to develop and distribute these reports. He’s facing the same unfair regulations that could ultimately kill an entire industry. We need to work together.
Here’s the Rogue code for today, ” Motorcycles get there faster and are more efficient. Their riders do not have a death wish nor are they speed demons. Motorcycles are better for the environment, gas use and traffic. And every trip could mean death by some clueless idiot,” Rogue, Sturgis Hall of Fame Member.
“For the most part the mindset of a hot rodder is similar to ours,” said Kirk Willard. “Two wheels or 4. We should get a coalition going with them as well, right on.” We also discovered this weekend that there’s a grass roots association of freedom fighters in the hot rod industry. I hope they can work with our motorcycle rights community.
Next week will be packed with writing projects. I need to wrap up my Chance Hogan movie treatment, get my EPA vs. Freedom study kicked off with the help of Hiway and SEMA. Plus I’ll put out a report on our SEMA efforts. Next year is rapidly becoming the Bikernet Year of Freedom (or Kicking Ass).

Plus, I’ll launch my first 1915 5-Ball Factory Racer tech and we’re still attempting to complete the vast Las Vegas Bike Fest Report, Charlie’s race report, and Brian Klock is shipping me a new fender for my ’03 Road King to test, and we have a new artist we’ll feature, supported by Kiwi Mike. So, it’s not all about serious shit. There’s still the fun of building bikes, pretty women and the passion of riding scooters. Let’s keep it that way.
Ride Forever,
–Bandit
