AIM/NCOM News Bytes May 2009

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NCOM BIKER NEWSBYTES

Compiled & Edited by Bill Bish,

National Coalition of Motorcyclists (NCOM)

MISSOURI HELMET LAW EXEMPTION GOES TO GOVERNOR
The Missouri legislature has passed a bill modifying Missouri’s mandatory helmet law to exempts persons 21 years of age or older from wearing protective headgear except when operating or riding motorcycles or motortricycles upon interstate highways.

Over the past twenty years proposals to repeal the mandatory helmet law have been controversial, but this year's measure to simply modify the law received little debate in either chamber.  The House gave the bill final approval Wednesday, Apr 29 on a vote of 93-65. The bill easily passed the Senate earlier, with a 23-6 vote.

The measure now goes to Governor Jay Nixon for his final signature or veto.  The helmet provision was amended onto SCS/SB 202, an act that provides that operating a motorcycle, in and of itself, shall not be considered evidence of comparative negligence in accident claims. The act also provides that when investigating an accident or settling an automobile insurance policy claim, no insurer, agent, producer, or claims adjuster of an insurer shall assign a percentage of fault to a party based upon the sole fact that the party was operating a motorcycle in an otherwise legal manner.  The effective date would be August 28, 2009, and the helmet provision would expire in five years under a sunset clause.

Steve Carroll of Hannibal, MO, a spokesman for FORR-MO (Freedom of the Road Riders of Missouri) said passage of the bill is the result of a growing movement.  "It's been a long time coming -- in the educational process -- and I think it's long overdue," he said.

Senator Luann Ridgeway, R-Smithville, who sponsored the bill in the Senate, said the helmet law was tantamount to a “nanny state making safety choices for other people.” Pointing to other injury-prone activities, such as skiing, horseback riding and even riding in a car, she asked why the state doesn't require helmets for those. "Where do we draw the line in terms of a caretaker state?" she said.

House sponsor Rep. Gary Dusenberg, R-Blue Springs, also said it was a freedom issue. The people the bill affects can "go off to war and carry guns under the flag of our country," said Dusenberg, a former highway patrol officer.

In 1999, then-Gov. Mel Carnahan vetoed a similar bill.  Governor Nixon has refused to comment on the bill, but if signed into law Missouri would join 30 other states that allow most adult riders to choose regarding helmet use.   Only two of the eight states surrounding Missouri mandate helmet use at all times. Neither Iowa nor Illinois has a helmet law.

HOUSE APPROVES HEALTH INSURANCE PROTECTIONS FOR MOTORCYCLISTS
The U.S. House of Representatives voted 422 to 3 on March 31st to pass HR 1253, the “Health Insurance Restrictions and Clarifications Act of 2009”; bipartisan legislation to strengthen health insurance coverage for injuries incurred while participating in legal recreational and transportation activities, such as motorcycling, riding ATVs, snowmobiling and horseback riding.

While the language falls short of closing the loophole that allows insurance companies to deny benefits to motorcycle accident victims, it does prevent them from concealing such coverage exclusions by requiring them to be “explicit and clear” in fully disclosing benefit limitations and restrictions “in a form that is easily understandable” to the enrollee in advance of the point of sale.

The bill now goes to the Senate Committee on Health, Education, Labor, and Pensions, and concerned riders are encouraged to contact their U.S. Senators in support of the legislation.

CPSC STAYS BAN ON SALE OF YOUTH MOTORCYCLES & ATVs
In denying a petition from the motorcycle industry to overturn a ban against the sale of youth-model motorcycles and all-terrain vehicles (ATVs) due to the lead content of some components such as brake parts and battery terminals, the Consumer Product Safety Commission (CPSC) voted on April 17, 2009 to keep the ban in place but granted a two-year stay of enforcement to allow the continued sale of these vehicles while industry attempts to comply with the new federal lead-content rules.

Congress enacted the Consumer Product Safety Improvement Act of 2008 to protect children under 12 from the lead content of toys and other products intended for the youth market but, intended or not, the ban has crippled a huge segment of the motorcycle industry, costing an estimated $1 billion a year as more than 13,000 dealers across the country were stuck holding millions of dollars in inventory.

The two-member CPSC board voted unanimously, citing safety concerns as the reason for issuing the stay; "A bigger safety concern than lead exposure is that the elimination of youth ATV sales will likely increase the number of adult ATVs purchased to be used by younger children, therefore increasing risk of injury and death."

The stay extends through May 1, 2011, at which time the products must be brought into compliance or the industry can demonstrate to the CPSC why it is technologically infeasible to comply.

In the meantime, legislation has been introduced in Congress (H.R. 1587) by Representative Denny Rehberg (R-MT) to exempt youth-sized motorcycles and ATVs from the CPSIA.  Help end the youth bike ban permanently by calling your members of the U.S. House of Representatives today and ask their support for H.R. 1587.

NEW MOTORCYCLE SALES DECLINE IN Q1
Despite six straight years of new motorcycle sales eclipsing the 1 million mark, the sagging economy has impacted U.S. sales in the first quarter of 2009 resulting in a 30.5% decline compared to the same period last year.

According to the Motorcycle Industry Council (MIC), which compiled the results based on sales figures from 12 of the leading brands, the best performing type of motorcycles were affordable, fuel-efficient dual-purpose models which only dropped by 24%. The off-highway market was hardest hit, falling by 39.7% due in part to the new federal lead-content law that banned the sale of youth models.

Scooters were more popular than ever last year, setting a record of 222,000 sold in 2008, but those too are down 36.7% for the first three months of 2009. The on-highway market declined by 27.3%.

"There are still many customers wanting new motorcycles, both veteran riders and those wanting to join in the fun and gain the benefits," said MIC president Tim Buche. "But, in reaction to the economy, there have been some production cuts. And the lead ban turned many parents away from buying new dirt bikes for their kids. There's a need for wholesale financing to help keep dealerships supplied with inventory, and a need for consumer credit to loosen up so that dealerships can get those new bikes out on the roads and on the trails. It's very hard to get retail financing now, even if you have good credit."

The early year sales decline follows a relatively flat year for motorcycles, with sales estimates for all motorcycles and scooters sold nationwide in 2008 at 1,087,000 units, down just 3.3% from the previous year. Sales still topped the one-million mark, and did so for the sixth consecutive year, beating the longest run of million-plus sales ever recorded by the MIC, during the five years from 1970 to 1974.

WEIRD NEWS: MAN FAKES KIDNAPPING TO FIND STOLEN MOTORCYCLE
After hours of searching for a toddler whose father claimed he was attacked by motorcycle thieves who abducted the child, police arrested the Florida man for fabricating the kidnapping to get police to launch an intensive search for his stolen motorcycle.

According to The Gainesville Sun newspaper, Alachua County deputies took the 37-year old man away in handcuffs for filing a false report after his story unraveled during the manhunt and police learned that the 1-year old was safe with his mother.

Officers believe the man was the victim of thieves who posed as interested buyers and then took his gold-and-black Yamaha, so he told his wife to take their son out of day care and he then called police to report that the child had been taken.

"His thinking was if they thought my child was missing, there would be a more intensive search than for the motorcycle," a Sheriff's Office spokesman told the paper.  The bike and the thieves are still at large.

MANDATORY REFLECTIVE VESTS URGED FOR FILIPINO BIKERS
The Metropolitan Manila Development Authority (MMDA) is proposing mandatory training and the wearing of reflector vests for motorcycle riders in an effort to curb rising deaths and injuries.

According to MMDA Chairman Bayani Fernando there is a need to "enhance the skills" of motorcycle drivers nationwide, and further suggested that the government adopt the practice in Bogota, Colombia where motorcycle drivers are mandated to use reflectorized vests to allow for greater visibility during nighttime and eliminate road mishaps.

There are now an estimated 2.5 million registered motorcycles in the Philippines, and motorcycle sales have been growing at an unprecedented rate, driven by high fuel costs and easy-on-the-pocket installment plans. Some 671,588 new motorcycles were registered in 2008, compared with only 46,183 new cars.

NCOM CONVENTION LIGHTS UP RENO
The bright lights of the “Biggest Little City In The World” shined off the bright chrome and polish of hundreds of shiny motorcycles parked along the entranceway to John Ascuaga’s Nugget Casino and Resort, as near-record crowds of concerned bikers from around the country came together in unity and cooperation for the 24th Annual National Coalition of Motorcyclists Convention, held in Reno, NV May 7-10, 2009.

The NCOM Convention, which was hosted by the Northern Nevada Confederation of Clubs, presented an opportunity for motorcyclists of every background to find common ground and focus on issues of concern to all motorcyclists. Riders learn, teach and share with one another, and coordinate with likeminded individuals and groups to forge relationships and foster communications.

Nearly 1,400 motorcyclists attended the Convention, and conventioneers represented almost all major patch holding motorcycle clubs, as well as a wide array of motorcycling-oriented organizations and associations, including a majority of State Motorcyclists Rights Organizations across the country.

The NCOM Convention featured educational seminars covering such diverse topics as Biker Rights and Civil Liberties post-9/11 and the Federal Trademark Seizure threat where all club insignia are put at risk, combating Anti-Biker Discrimination, Christian Unity, Women in Motorcycling, and a host of other legislative, judicial, and lifestyle issues.  NCOM also broke special ground this year with the first presentation of a seminar entitled, "The World Of Sport Bikes", which focused on issues and concerns specific to the Sport Bike Community.

The Worldwide Confederation of Clubs meeting on Friday was packed with over 900 club members expressing solidarity and a renewed commitment to work together and defend Riding Freedom.

The Convention was dedicated to the memory of longtime participants in the fight for Motorcycling Liberty who have passed from our ranks in the past year; AIM Attorney Joe "Big Guy" Eggleston, Bob Illingworth, and Robert "Grub" Chafe.

The Saturday Night events were festive, featuring the Silver Spoke Awards Banquet where recognition was given to notables in various fields who have had a positive impact on motorcycling. The Entertainment Award was given to TV and movie actor Robert Patrick of "The Unit" and "Terminator" fame, who not only is an avid rider and ABATE of California member, but also is a Chapter President in the Boozefighters Motorcycle Club.  Steve Johann of Hog Radio received the Media Award.  Receiving the Silver Spoke Award for Government was Nevada Assemblyman Don Gustavson, a tireless defender of freedom of choice.  The Commerce Award was presented to Clay Ridley, founder of the Ridley Motorcycle Company.   Florida Aid to Injured Motorcyclists (AIM) Attorney Jerry Theophilopoulos was presented the Silver Spoke for Legal, while Special Recognition Awards were bestowed upon A.I.M. Chief of Staff Charles “Roach” Hoffman and ABATE of Wyoming’s “Mileage” Mike Harrison.

Rounding out the evening’s recognitions, the Ron Roloff Lifetime Achievement Award was given to Pepper Massey, former executive director of NCOM and past director of the Sturgis Motorcycle Museum/Hall of Fame and Sturgis Rally.

Attendees came away from this year's NCOM Convention with a great deal of enthusiasm and motivation to continue the fight for Motorcycling Freedom in back home in their own respective legislative, judicial, and social arenas.

Plan now to attend the 2010 Silver Anniversary NCOM Convention, next Mother’s Day weekend in Orlando, Florida!

QUOTABLE QUOTE: "Just as your fortune depends upon how your money is invested, so the success of your life depends upon how your time is invested."

Leone Kester