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New York Freedom Riders :: NY Legislation/news- 9/03/10

Author: karen
Subject: NY Legislation/news- 9/03/10
Posted: Fri Sep 03, 2010 11:00 am (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -9/03/10

NEW YORK LEGISLATION UPDATES:
Helmet, Motorcycle, Gang, Rights: no updates
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NEW YORK NEWS

http://autos.aol.com/article/motorcycle-discrimination/

Motorcyclists Claim Discrimination
New York City Group Fights Back

Posted: Aug 28, 2010
| By: Honey Berk | AOL Autos

Steeped in the myth of leather-jacketed mayhem, the motorcycle is the ultimate image of freedom and power on the road. However, life on two wheels has become increasingly difficult for New York City motorcyclists. Over the past decade, bikers contend the city has turned up the heat on regulatory and legislative fronts, leading to growing complaints of harassment and accusations of discrimination.

With just 37,500 registered motorcycles in a city of 8.4 million people -- roughly one motorcycle for every 224 residents -- motorcyclists comprise a small minority in New York City, according to New York State Department of Motor Vehicles statistics. Like many minority groups, motorcyclists have long been underrepresented and their voices unheard. But after years of shaking off countless changes to regulations and procedures they consider unfair, the motorcycle community has begun to organize and fight back.

At the forefront of this movement is the New York Motorcycle & Scooter Task Force (NYMSTF), an advocacy group founded in 2009 by motorcyclist Cheryl Stewart, to help improve conditions for local riders.

"We're a bunch of motorcyclists that have been really, really anxious for a while about how our rights have been considerably eroded in New York City," Stewart explained. "It's been one thing after another."

For Stewart, the need to organize became apparent after a series of city-directed actions she believed were encroaching on motorcyclists' rights -- from quality of life issues, such as parking, to serious accusations of harassment and constitutional rights' violations at the hands of the New York Police Department and the New York State Police. No (More) Parking

As one of the most densely populated cities in the world, it's hardly surprising that parking is a contentious issue in New York City. Though non-residents may be largely unsympathetic, the fact remains that motorcycles and scooters are treated differently in other cities.

San Francisco has designated motorcycle and scooter parking spots throughout the city, according to NYMSTF parking committee chair Jesse Erlbaum, as do Philadelphia, Boston, Austin, San Jose, Seattle, Cincinnati and a host of other U.S. cities, as well as international metropolises like Toronto, Paris, Berlin, Rome and London. In Austin, Toronto and parts of London, these two-wheeled vehicles are even allowed to park for free.

These cities recognize motorcycles and scooters as a "greener" form of transportation. Boston Mayor Thomas Menino acknowledged as much in a recent statement announcing dedicated motorcycle and scooter parking in his city, saying they are "smaller, and many are environmentally friendly, contributing less to congestion and air pollution, and requiring less space for curbside parking."

Not so in New York City, which has removed designated parking areas for two-wheeled vehicles in recent years, leaving Manhattan virtually free of motorcycle parking. The city even saw the two-wheeled vehicle exemption struck from its 2008 congestion-pricing plan before it ultimately failed to become law. This, despite the mayor�s office patterning its proposal on London�s law, which does exempt two-wheelers.

Both Mayor Michael Bloomberg's office and the city�s Office of Long-Term Planning and Sustainability declined interview requests for this story and referred us to the New York City Department of Transportation, which also refused comment. Former New York City Traffic Commissioner and New York Daily News traffic columnist "Gridlock Sam" Schwartz was willing to offer this assessment of the city�s attitude, however. "I don't even think the Richter scale needle moves when it comes to motorcycles in city planning and city government," he said. Police Profiling

Even more alarming are reports of the NYPD conducting allegedly unconstitutional motorcycle-only checkpoints, and regularly ticketing riders based upon incorrect interpretation of motor vehicle regulations.

One of the most telling cases is that of Karen Perrine, a graphic designer from Staten Island, who was ticketed in October 2005 for riding her motorcycle in the high-occupancy-vehicle (HOV) lane on the Brooklyn-Queens Expressway. Armed with the knowledge that federal law permits motorcyclists to ride in HOV lanes on federally funded roadways, Perrine decided to fight the ticket in court with the assistance of the American Motorcyclist Association (AMA).

Perrine was initially found guilty based upon a New York Department of Transportation rule that prohibited motorcycles from using HOV lanes. But Perrine appealed the decision, and in the end succeeded in having it overturned. But it took nearly two-and-a-half years, and in the meantime she was fined for having excessive points on her license and had her auto insurance policy canceled.

The rule was clearly not in compliance with federal regulations, explained Imre Szauter, Government Affairs Manager at the AMA, yet the agency refused to change its rules because it said the NYPD opposed the change. Eventually, after an unsuccessful campaign by NYPD Commissioner Raymond Kelly to have motorcycles banned from HOV lanes (documented in a letter acquired by Szauter through a Freedom of Information request), New York City�s laws were brought into compliance with federal regulations.

During the course of Perrine's ordeal, the AMA documented other cases of motorcyclists receiving erroneous HOV lane tickets in places as far flung as Pittsburgh and Gilbert, AZ. But, unlike in New York City, local authorities dismissed each of these cases after they were informed of the federal law.

Perrine's battle has taken on almost legendary status, yet there are countless other riders who continue to be ticketed for regulations that are interpreted incorrectly, often after being pulled over at checkpoints that allegedly violate motorcyclists' constitutional rights, according to NYMSTF�s Stewart. These targeted motorcycle-only enforcement campaigns involve officers stopping all motorcyclists, whether there is reasonable suspicion or evidence of wrongdoing, but not cars and trucks.

"We believe they're unconstitutional traffic stops when they pull over only two-wheeled vehicles," Stewart explained.

The NYMSTF website offers a law enforcement discrimination complaint form riders can submit if they feel they were targeted unfairly or otherwise mistreated. The group has also created a checkpoint alert system that encourages riders to send a text message to alert others about checkpoints via Twitter or RSS feed.

When questioned about these traffic stops and allegations of discrimination against motorcyclists, the Deputy Commissioner of Public Information for the NYPD declined to comment. When contacted for information on complaints filed against NYPD officers by motorcyclists, Graham Daw, Director of Intergovernmental and Legal Affairs for the New York City Civilian Complaint Review Board (CCRB), advised that the agency is not able to separate out complaints involving motorcyclists.

The AMA's Szauter said the New York State Police also implement motorcycle-only checkpoints, during major motorcycle events, such as the Americade rally in Lake George, NY. All motorcyclists are diverted through a highway rest area, explained Szauter, where state troopers do a quick scan for illegal helmets and excessively loud exhaust pipes, though he added that riders can also have their paperwork or other equipment checked.

Szauter notes that motorcycle-only checkpoints are not unique to New York, citing recent clampdowns on riders in Washington and Utah. Set up over Memorial Day weekend following a professional motorcycle racing event, the Utah checkpoint created such a large traffic back-up that it was shut down after two hours by the Utah Highway Patrol, who then issued a public apology via the AMA.

When questioned about the constitutionality of these checkpoints, Dan Moynihan, Assistant Counsel for the New York State Police, explained: "Much like members of the State Police check only boats for compliance with the special provisions of the Navigation Law that are only applicable to boats, or only snowmobiles for compliance with the special provisions of the Park and Recreation Laws that only apply to them, they check only motorcycles for compliance with the motorcycle equipment laws."

"This is not any form of illegal profiling anymore than the Legislature itself profiled motorcycles when it passed special equipment requirements that were only applicable to motorcycles," Moynihan added.

Lieutenant Jim Halvorsen, commanding officer of the New York State Police Motor Unit, explained that motorcycle-only checkpoints are designed specifically to enforce and encourage motorcycle safety.

"If there was a way we could make motorcycles safer without ever writing a ticket, someone please tell me," said Halvorsen. "We're interested in saving lives and preventing injuries, and it's proven that strict enforcement does save lives."

Halvorsen, who also heads up the Division Motorcycle Enforcement and Education Program, said state troopers regularly attend events to perform courtesy inspections and use the opportunity to educate riders about safety.

However, critics contend that these motorcycle-only checkpoints are designed to harass motorcyclists. In June 2009, a class action lawsuit was filed in upstate New York accusing the State Police and other officials of violating riders' constitutional rights by establishing motorcycle-only road blocks intended to harass riders who were attempting to travel to motorcycle rallies. Court documents show the case against some of the named defendants has been dismissed, but a spokesperson for plaintiffs' attorney Mitchell Proner, of Proner & Proner, confirmed the case is still proceeding against others. Halvorsen is a named defendant, and is due to be deposed in the case. "As far as police go, yes, motorcyclists are more highly scrutinized," Perrine said, "and if they see you, they'll try to get you."
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UPDATES

ABATE of Delaware: http://abateofde.com/welcome_page.htm
Last Update: Tuesday 31 August, 2010

PULLED OVER BY THE POLICE FOR HAVING HIGH HANDLEBARS?
POLICE DO CANNOT INTERPRET THE LAW, THEIR JOB IS TO ENFORCE IT, IF THERE IS ONE!

CHECK THIS OUT....

http://www.legis.delaware.gov/LIS/LIS143.NSF/vwLegislation/HB+96?Opendocument

H.B 96

This Act eliminates the Code provision restricting the height a motorcycle�s handlebars to 15 inches above the level of the operator�s regular seat. A number of states have likewise eliminated the height provision as there is no scientific data to support a limit. The Division of Motor Vehicles supports this legislation.

NOTE: Signed On 06/30/2005
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CLICK ON THE LINK ABOVE OR BELOW, AND PRINT IT OUT GET THE OFFICER'S NAME AND BADGE NUMBER THEN, LODGE A FORMAL COMPLAINT TO INTERNAL AFFAIRS AT THE RESPECTIVE OFFICERS' LAW ENFORCEMENT AGENCY, OR IF YOU ARE ISSUED A CITATION, TAKE IT TO COURT WITH YOU AND DEMAND THAT THE ISSUING OFFICER APPEAR AS WELL.

THE LAW AS IT NOW

http://delcode.delaware.gov/title21/c041/sc11/index.shtml#4185
TITLE 21
Motor Vehicles
Operation and Equipment
CHAPTER 41. RULES OF THE ROAD
Subchapter XI. Miscellaneous Rules

� 4185. Riding on motorcycles.

(a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than 1 person in which event a passenger may ride upon the permanent and regular seat if designed for 2 persons or upon another seat firmly attached to the rear or side of the operator and said motorcycle shall be equipped with passenger footrests.

(b) Every person operating or riding on a motorcycle shall have in that person's possession a safety helmet approved by the Secretary of Safety and Homeland Security (hereinafter "Secretary") through the Office of Highway Safety and shall wear eye protection approved by the Secretary; provided, however, that every person up to 19 years of age operating or riding on a motorcycle shall wear a safety helmet and eye protection approved by the Secretary.

(c) The operator of a motorcycle shall keep at least 1 hand on a handgrip of the handlebars at all times when moving.

(d) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with 1 leg on each side of the motorcycle.

(e) No person shall operate a motorcycle while carrying any package, bundle or other article which prevents the person from keeping both hands on the handlebars.

(f) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator.

21 Del. C. 1953, � 4182; 56 Del. Laws, c. 333; 60 Del. Laws, c. 701, � 54; 61 Del. Laws, c. 314, � 1; 70 Del. Laws, c. 186, � 1; 74 Del. Laws, c. 110, � 90; 75 Del. Laws, c. 75, � 1.;
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Illinois

www.suntimes.com/news/24-7/2648058,CST-NWS-gangs29.article

Cops to gangs: Stop the killing -- or else
SECRET MEETING | Weis, top aides warn leaders that heat will be intense if violence continues

August 29, 2010
BY FRANK MAIN Staff Reporter/fmain@suntimes.com

When Labar �Bro Man� Spann rolled into Garfield Park Conservatory in his wheelchair, he thought he was headed to a routine parole meeting.

Then he saw Chicago Police Supt. Jody Weis, other top law enforcement officials and the reputed leaders of several West Side street gangs. The meeting, it turned out, was anything but routine. The lawmen were there to deliver a message.

�They said they would get us if we don�t stop the killing,� Spann said.

The under-the-public�s-radar gathering -- first reported in Saturday�s editions of the Sun-Times -- was part of the new Chicago Gang Violence Reduction Initiative.

�They did not like the idea at all,� Weis said Saturday at an unrelated news conference with Mayor Daley.

�We are focusing on group responsibility,� Weis said. �If one of these guys should kill another gang member, we are going to come down on them with all the firepower we have.�

Authorities will explore bringing conspiracy cases against gangs that don�t heed the warning, Weis said. �I said: 'the word you need to remember is RICO,� � he said, referring to the federal Racketeer Influenced and Corrupt Organizations Act. �Go talk to the mafia, they know that word very well.�

Officials will move to seize houses and cars of gang members charged under RICO, Weis said. They�ll also ramp up parole visits to make their lives miserable.

Weis said some of the gang chiefs were �touched� by the stories of people who spoke about slain family members. �We had the victims� families telling the message to stop shooting our kids,� he said.

The gang leaders were provided with information about jobs, too.

The Aug. 17 meeting, which lasted nearly two hours, was also attended by top officials in the U.S. attorney�s office, FBI, Cook County state�s attorney�s office and other agencies. The focus is on gangs in North Lawndale, but will be expanded if successful, Weis said. Boston and Cincinnati are other cities where the approach has worked, he said. Responding to questions about the initiative, Daley said: �Ask any parent if you can save one child. It�s worth it.� Spann, 31, is a Four Corner Hustlers member who has been a leader of the gang and now uses a wheelchair because he was wounded in a shooting, police say. He�s on parole for armed robbery, communicating with a witness and bringing drugs into a penal institution. He said his parole agent strongly suggested he attend the meeting, but didn�t say he was going to be meeting with Weis and other officials.

�It was a gimmick,� said Spann. �They told us we had to go to a meeting because of our parole.�

Spann insisted he�s not a gang chief and bristled at the warning by the officials, saying, �They want to lock us up for something we didn�t do.�

Jettie �Bo Diddley� Williams, a reputed gang leader, attended too. Williams, a parolee, stood up and said �he will not pay for what other people do,� according to Anthony Spann, who took his nephew Labar Spann to the conservatory.

Williams, 50, is listed by the Chicago Crime Commission as a leader of the Traveling Vice Lords. He�s been convicted of attempted murder and armed robbery.

�There were five or six leaders of the West Side gangs,� Anthony Spann said. �They told them that, 'If one of the Gangster Disciples come up dead by the Four Corner Hustlers, we will come after you.� That don�t sound like justice.�

Some officials, speaking on the condition they not be identified, wondered if the gang members in the meeting have the power to stop violence. They said young gangsters often don�t respect elders like Williams and Spann anymore.

Older gang members, Anthony Spann said, �don�t have total control on the streets no more.� He said his nephew isn�t active in the gang. But Weis said those invited to the meeting are considered �leaders and not the hangers-on.�
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www.cbsnews.com/8301-504083_162-20015434-504083.html
September 3, 2010 9:11 AM

Chicago "Gang Summit": Reputed Gang Members Blast Police at News Conference Posted by Edecio Martinez

CHICAGO (CBS/WBBM/AP) Reputed gang members are the latest to come out against top Chicago police and federal prosecutors' so-called "gang summit" strategy to curb gang violence in the nation's third-largest city.

Chicago police Superintendent Jody Weis is facing mounting criticism for holding the meeting last month, even though several police departments across the country have relied on that approach for decades to help reduce crime.

Weis held a meeting with the reputed leaders of several West Side gangs over the weekend. At the meeting, prosecutors warned that gang members could be charged under federal racketeering laws if killings were traced back to gangs with members attending the meeting.

The Racketeering Influenced and Corrupt Organizations Act, RICO for short, provides stiffer penalties for acts performed as part of a criminal organization - such as the Mafia.

But gang members say they were tricked into coming to the meeting, and that it amounted to harassment.

The first news conference Wednesday was being convened by Jim Allen, a self-identified Vice Lords Nation member. Allen is also identified as the "almighty minister" of an organization called Tha Movement. The group's logo features several gang signs in the center surrounded by a circle bearing the message: "Stop the violence. One love."

Some Chicago aldermen, as well as police officers posting on the Second City Cop blog, have blasted Weis' meeting as negotiating with "urban terrorists."

"What are we doing negotiating or having a sit-down with urban terrorists who are killing with guns and drugs on the streets?" Chicago Alderman Bob Fioretti said. "Gangs are not to be coddled."

The issue resonates deeply in Chicago, where the number of brazen shootings has escalated this year, even though the overall homicide rate is down. Earlier this year, two state lawmakers asked to send in the National Guard to patrol streets. On Wednesday, two cops were shot and injured while serving a warrant.

Weis said the message was simple: "If you should resort to violence, we'll sharpen our focus on you and really really make your lives uncomfortable. You have the ability to influence people within your sphere. You guys are in the position to stop the killing."

Experts say the tactic of meeting was just part of good police work.

"It's become almost standard practice in police departments around the country," said David Kennedy, director of the Center for Crime Prevention and Control at John Jay College of Criminal Justice in New York. "It's simply saying to people that violence is going to get special attention from law enforcement and that a whole lot of violence, especially in places like Chicago, is driven by gangs."

Still, criticism in Chicago has continued.

"I don't think that's the way to go," Illinois Gov. Pat Quinn said. He suggested going after guns on the streets.

Fioretti, who is mulling a run for mayor of Chicago, said Weis shouldn't have been there with reputed gangsters.

"He brought them to a table and made them equal," Fioretti said.
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Indiana

www.fox59.com/news/bisardinvestigation/wxin-mayor-to-speak-at-rally-090210,0,1919065.story

BISARD INVESTIGATION

Mayor plans to speak to bikers before 'Ride for Justice' rally

Indianapolis Mayor Greg Ballard (R) plans to speak to motorcycle riders before a charity event this weekend. Bikers are taking part in a "Ride for Justice" Sunday to honor the victims of the Bisard crash.

Indianapolis �
Indianapolis Mayor Greg Ballard (R) plans to speak to motorcycle riders before a charity event this weekend. Bikers are taking part in a "Ride for Justice" Sunday to honor the victims of the Bisard crash.

They will head to Monument Circle just like past rallies. The mayor will speak to the riders before they set out that morning. The group riding will be escorted on their trip by metro police officers.

The ride costs $25 for riders and $10 for passengers. Proceeds from the ride will go to the families of Eric Wells, Kurt Weekly and Mary Mills.

According to organizers, sign-in and breakfast starts at 7 a.m. at the American Legion Post on State Road 38 in Pendleton. The ride begins at the 10 a.m. and will travel to Monument Circle for a midpoint rally. The ride ends back at the American Legion with a live band and dinner.
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ABATE of Indiana: http://www.abateofindiana.org/about/news/10-0823_impdcrash.html

Critical Reading for All Motorcyclists
Regarding the IMPD Crash that Killed Eric Wells

Let me first ask that you read this in its entirety before forming any sort of opinion.

The crash that killed Eric Wells and seriously injured Kurt Weekly and Mary Mills is a tragic situation. The subsequent botched investigation can only be described as unbelievable. ABATE of Indiana stands with all motorcyclists, and all citizens, and shares in the disbelief, disappointment and disgust in how the case has been handled thus far.

Within an hour after the crash, ABATE of Indiana was already in contact with Indianapolis Metropolitan Police Department (IMPD) to find out how this could have happened and what was going to be done. The results of the blood test and filing of 7 felony charges initially gave the appearance that justice would be served.

There were questions about the timing of the test, who was present, under what pretense the consent was given and other attempts to have the evidence of impairment minimized. The method, personnel and location of the blood draw led to dropping the most serious charges.

Please be assured that ABATE has been aggressively working on this situation since immediately following the crash and have had continual contact with agencies and individuals covering all aspects of this issue. There have been literally hundreds of communications (meetings, phone calls, e-mails, etc...).

This tragic event is absolutely charged with emotion. However, if we truly wish to win the war, rather than just a battle, we must not simply react with emotion, but instead employ a strategy that is proactive. While we certainly understand and support those who feel the need to protest the problem, ABATE of Indiana is concentrating on promoting a solution to see that this sort of tragedy never happens again. We will address this in the Statehouse with the Indiana General Assembly and have already begun speaking with legislators.

Of course we're concerned. Of course we're angry. We're mad as hell. This has been wrong since the beginning and has only gotten worse. I don't actually believe that there was a deliberate effort to do things incorrectly to allow for a loophole to avoid charges, or that the City of Indianapolis is attempting a cover up, but it sure does look bad. Neither incompetence nor favoritism instill confidence.

Marion County Prosecutor Carl Brizzi and IMPD Chief Paul Ciesielski are both riders and are outraged personally, as well as professionally. IMPD has more than 1,700 officers (according to WRTV). Most are among the finest public servants anywhere and many are motorcyclists. When we say what happened is wrong, they are nodding their heads with us. Just like we -- as motorcyclists -- don't want to be stereotyped, let's not paint all law enforcement with the same brush.

We cannot allow anyone, or anything, to fragment the motorcycling community. If that happens, we have lost. Bikers all agree that what happened is wrong. How to address it is not unanimous. Those that wish to voice their disgust have a right to do so and may give some public exposure to the issue as they vent. Unfortunately, unless there is a solution attached, it will have little impact. We can yell and scream and stomp our feet and say that we're pissed off all we want, but they already know that. IMPD knows it. The Chief of Police knows it. The Mayor knows it. The citizens of Indianapolis know it and in fact, not only the state, but the nation, knows it.

Don't let this terrible situation add insult to injury by further tearing apart our "family". We can't change what has happened, but we can affect the future. Let's stick together and do what we do best to fix this injustice by addressing it legislatively and insuring that something like this never happens again. We owe that to Eric Wells, Kurt Weekly, Mary Mills and all motorcyclists.

Ride Safe, Ride Free,

Jay Jackson
Executive Director
ABATE of Indiana
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Michigan

www.morningstarpublishing.com/articles/2010/09/01/leader_and_kalkaskian/news/doc4c7e9132191b9007038005.txt

Touchy subject: Area bikers denounce road repairs on favored stretch
Published: Wednesday, September 01, 2010
By Chris Tredway Editor

KALKASKA � Modern art aficionados may smile upon the squiggly black �brushstrokes� applied erratically to a stretch of pavement off M-72 west of Kalkaska, but a band of area motorcyclists are distressed by the recent work.

A pavement preservation effort by the Kalkaska County Road Commission (KCRC) used crack sealer to repair a section of Rapid City Road � most of the work taking place between M-72 and Hill Road � earlier this summer. The tar-like substance can slow surface deterioration when properly applied, but things get dangerous for motorcyclists when the sealer is not pressed flat to the pavement, according to several local riders.

�When it comes to that corner there � see where it�s real heavy � even without rain that�s horrible,� said Mancelona�s David McKinnon. �And when you add rain to it, it�s completely slick. Then even the straight-aways become hell.�

Clouds thickened overhead as roughly a dozen members of ABATE (American Bikers Aiming Toward Education) let up on their throttles and came to a stop between two curves last Thursday. This stretch of Rapid City Road, the group explained, is one of their preferred routes. But with the recent work done by the KCRC, the condition of this piece of pavement has become a touchy subject.

Riders said the raised material causes bike tires to �skip� and become unstable, especially in the turns.

According to McKinnon, most crack sealing projects done on area roads do not pose a threat to motorcycle safety. However, he claimed, the material used to fill cracks in Rapid City Road was used far too liberally and applied irresponsibly.

Reinforcing these sentiments, McKinnon pointed to a large smiley face drawn with crack sealer in the north-bound lane. It was one of two such artistic touches apparently performed by KCRC workers. �This is excessive use of material that�s costing the county money,� he said.

�That�s not something that we condone,� KCRC manager James Woodhams later stated when asked about the smiley faces.

Concerning whether the crack sealer was inappropriately applied, Woodhams said the Commission was following recommendations provided by the company that distributed the material, Wisconsin-based Sherwin Industries.

�We use the equipment provided by the crack seal distributer,� Woodhams said. �We used their puck (applicator). It�s the second year we�ve done (the work) ourselves, so we are relying on the vendor for assistance.�

The KCRC reportedly took sealed bids to determine which vendor to use and walked away with a produce that costs about 50 cents per pound after machine rental is factored in. �This material was not something we mixed up, Woodhams said. �It�s an MDOT (Michigan Department of Transportation) spec product.�

The Commission has received a handful of phone calls from area motorists concerned with the repair job, but Woodhams believes the work was done in an acceptable manner � minus the smiley faces.

�In a couple of spots it may be a little thicker, but for the most part it�s flat with the pavement,� he said of the crack sealer. �Our long-term goal is to go in there with a tar and chip application over the top, which is recommended to be done the following year.�

This first step in maintaining Rapid City Road could be the last, however, if financial backing continues to dwindle. �We have to be able to work within our budget,� Woodhams said of the second phase of repairs scheduled for next summer.

Until then, it appears members of ABATE and other motorcyclists cruising the area may have to watch their lean and hope it doesn�t rain.

ABATE of Michigan is a statewide nonprofit organization dedicated to preserving the overall rights and promoting the safe operating practices of all Michigan motorcyclists.

For more information on the group, visit their website at www.abateofmichigan.org.
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New Hampshire

www.seacoastonline.com/articles/20100831-NEWS-8310309

Citizens group to join legal fight over North Hampton noise law Wants town enforcement of ordinance

By Shir Haberman
hamptonunion@seacoastonline.com
August 31, 2010 2:00 AM

NORTH HAMPTON � Citizens who worked to get a new motorcycle noise ordinance on the ballot in May 2010 and passed by voters is now joining the legal battle over the law.

Larry Miller, who, along with his wife, state Rep. Judith Day, and others spearheaded the new ordinance, confirmed that his group has contacted an attorney to prepare a brief that will be submitted to Rockingham County Superior Court. The brief will support enforcement of the noise ordinance.

"As you know, the town is being litigated against by Seacoast (Motorcycles Inc., a Harley-Davidson dealership located on Route 1)," said Miller. "The supporters of the ordinance will be helping the town defend the ordinance."

The petition filed by Seacoast Harley-Davidson last month asks the court to issue an injunction to prevent the enforcement of the ordinance passed by town voters. The court document indicates the dealership's feelings that this ordinance is not good for the public or for its business.

The document makes the argument that controlling motorcycle noise in New Hampshire lies within the purview of the Legislature. Just last session lawmakers rejected proposed legislation that, like the North Hampton ordinance, would have required motorcycles to have an EPA label on their exhaust systems.

Town officials agreed to a temporary injunction on enforcement of the new ordinance pending the results of a trial on a permanent injunction scheduled for Oct. 7.

Miller said his group's legal brief would be filed before that date.

Asked if his group was taking action because it doubted the willingness of town officials to actively fight for the ordinance in court, Miller replied, "Absolutely."

"Unless someone pushes (town officials), they haven't made the utmost effort to put in what the voters want," he said. "Our attorney is working with the town's counsel and I think it's good to have the two attorneys cooperating."

Based on legal opinions from the Rockingham County attorney, the town's legal counsel and the firm that indemnifies the town that the ordinance is unenforceable, Police Chief Brian Page has, with the approval of the Select Board, told his officers not to issue summonses as called for in the ordinance.

Under the new law, police are called on to issue tickets to any motorcycle operator whose vehicle does not have an EPA sticker on its muffler. The sticker signifies that the vehicle emits no more than 80 decibels. State law, however, allows motorcycles to put out up to 106 decibels.

Town Administrator Steve Fournier has been trying to contact an EPA regional attorney to see whether local police can enforce an EPA standard. However, so far, the EPA has not responded, Fournier said.

Meanwhile, Page is continuing his enforcement of the state regulations on motorcycles in an attempt to keep noise levels in check as he has in the past.

The chief reported that on Sunday, Aug. 22, between 10:50 a.m. and 3 p.m., officers from the Rye, Hampton and North Hampton police departments joined with troopers from New Hampshire State Police Troop G to man motorcycle and traffic enforcement checkpoints on the Seacoast. Every motorcycle the officers encountered was voluntarily tested or put through mandatory testing based on individual circumstances.

A total of 28 motorcycles were checked, resulting in the issuance of five summonses and two defective equipment tags. Of the five summonses issued, three were for uninspected motorcycles, one was for failure to properly display registration and one was for exceeding the decibel limit. The two defective equipment tags issued were both for having mufflers that failed to comply with state decibel limits.

On Aug. 30, 2009, a similar effort was conducted by the Rye and North Hampton Police departments, along with New Hampshire State Police Troop-G, and a total of 53 motorcycles were stopped. On July 25, 2010, the Newcastle, Portsmouth and Rye police departments teamed up with state police troopers in a similar effort and a total of 39 motorcycles were stopped.

Page said he believed that the less than favorable weather during the Aug. 22 checkpoint reduced the number of motorcycles on the roadway considerably.
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Washington

www.dol.wa.gov/about/news/2010/201009dirtBikes.html

Washington State Department of Licensing
News Release
September 1, 2010

DOL closes loophole that allowed non-street legal motorcycles on the road OLYMPIA � About 800 Washington dirt bike owners received letters from the Department of Licensing this week informing them that their motorcycle isn�t legal for use on public roadways, based on federal and state safety standards that all roadworthy vehicles must meet.

Stemming from concern by law enforcement agencies across the state, DOL is canceling the license plates for these dirt bikes and issuing the owners of currently registered bikes off road vehicle permits at no cost.

�Ultimately, this comes down to public safety,� said Alan Haight, DOL�s deputy director. �We�ve heard from law enforcement that this is a problem and these dirt bikes clearly don�t meet state or federal standards for being on our public roads.�

Although these bikes are marked for �off road use only� in the owner�s manuals and on the frames of the bikes, a loophole in documentation from the manufacturer led some owners to register the bikes as street legal.

To be licensed for use on public roads, motorcycles and other types of vehicles have to be certified by the manufacturer as meeting all federal safety and environmental standards. A motorcycle that has not received this certification by the manufacturer cannot be upgraded with safety equipment by the owner for street use.

A detailed set of questions and answers about this issue is available on DOL�s blog at
http://licensingexpress.wordpress.com/off-road-motorcycle-qa/.
------------------------------------------------------------------------------------------
Germany

www.stripes.com/news/spike-in-motorcycle-deaths-prompts-temporary-riding-ban-1.116966

Spike in motorcycle deaths prompts temporary riding ban
By Jennifer H. Svan
Stars and Stripes
Published: September 3, 2010

RAMSTEIN AIR BASE, Germany � Hundreds of Air Force motorcyclists at Ramstein were ordered to temporarily stop riding and attend a safety briefing Friday after a third airman in less than five weeks was killed in a traffic accident.

Air Force leaders said all three motorcycle fatalities involved experienced riders with the proper training certifications; they were wearing the right safety gear and no alcohol or substance abuse was involved.

�By all appearances, they were doing everything right � and yet they still died,� said Col. Stephen Lambert, 86th Airlift Wing vice commander.

The �safety stand-down� is intended to get riders� attention, Lambert said, �to shock them into thinking how serious this is.�

The latest death was an Air Force noncommissioned officer killed in a head-on collision with a truck near Reichenbach-Steegen around noon Thursday, according to Air Force officials.

Master Sgt. Amy Winger, 37, was a first sergeant assigned to the 2nd Air Postal Squadron. Memorial service details are pending.

The memorial service for Air Force Master Sgt. Benjamin J. Kelly, 34, was Friday on Ramstein. Kelly died Aug. 28 after crashing his motorcycle into a bus on a rain-slicked road in Austria.

On July 31, Lt. Col. John Witherow, 39, was killed near Otterberg, Germany, after he lost control on a curve and crashed into a tree, according to Air Force officials.

All three crashes are still under investigation, Lambert said.

With this summer�s deaths, Ramstein now leads all Air Force installations worldwide in motorcycle fatalities, base officials said. There have been 12 across the Air Force since the beginning of the year. Ramstein has more than 580 registered motorcycle riders.

Friday�s 20-minute safety briefings were mandatory for all Air Force motorcycle operators assigned to the 86th Airlift Wing, the 435th Air Ground Operations Wing, and 521st Air Mobility Operations Wing. U.S. Air Forces in Europe personnel were not required to attend. Two of the fatalities involved 86th Airlift Wing personnel; one was from USAFE.

Bikers were permitted to resume riding after attending one of the briefings.

Those at the first meeting were asked to consider road conditions, how proficient they are on their bike, and whether they�re mentally and physically prepared to ride.

�Ask yourself: Do you need to ride today?� said Maj. Mark Yarian, 86th Airlift Wing chief of safety. �Very rare do you get a second chance on a motorcycle, especially in Europe� where the roads tend to be more narrow and speed limits are higher than in the States.

Riders can expect more training requirements. Yarian said that the wing would add a mentorship program, pairing up an experienced and new rider on a training ride over varied routes, from the autobahn to country roads.

�Right now we have a canned training environment with tracks and cones,� he said.

Bikers said Friday they understand why Air Force leadership is concerned by the recent fatalities, but they also said it feels like they�re unfairly being singled out.

�Any fatality is a loss for a motorcycle community. It�s felt at the work place, on the home front,� said Staff Sgt. Jason Hand, 33, a licensed rider since the age of 19. �But when an individual dies in a car accident, you don�t see everyone expected to attend remedial driver�s education.�

Staff Sgt. Chaunce Foster, 28, a member of a Kaiserslautern military riding club, said most troubling are the high ranks of the three riders who died. �A lot of times you hear of young guys having tragic accidents. It gets our attention.� ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS
none

****************************************************************************
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"Freedom Is NOT A Spectator Sport"

New York Freedom Riders :: testimonials request

Author: HowlwealseSew
Subject: testimonials request
Posted: Fri Sep 03, 2010 8:27 am (GMT -4)
Topic Replies: 0

Hello folks,

I am looking for people havng experienced with magic and in particular love spells.
You can PM please.
Thank you.

New York Freedom Riders :: NY Legislation/news- 8/27/10

Author: karen
Subject: NY Legislation/news- 8/27/10
Posted: Fri Aug 27, 2010 9:55 am (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -8/27/10

NEW YORK LEGISLATION UPDATES:
Helmet, Motorcycle, Gang, Rights: no updates
--------------------------------
New York News

Westchester County

Lawmakers to review gun safety law
By Gerald McKinstry � gmckinst@lohud.com � August 23, 2010

A recent U.S. Supreme Court decision may mean that Westchester County's gun-storage law violates the Constitution, so some lawmakers are taking a look at that statute to see if it will hold up. Full article: www.lohud.com/article/20108230327
---
UPDATE
Westchester to keep gun-storage law for now
By Gerald McKinstry � gmckinst@lohud.com � August 24, 2010

WHITE PLAINS � After grappling with the constitutionality of Westchester County's gun storage law, legislators aren't going to change it � not yet.

The county law, enacted in 2000, requires owners to store a gun with a safety lock or in a safe-storage depository.

But gun advocates say recent U.S. Supreme Court rulings determined that storing a gun could make it harder for people to defend themselves in their homes, violating the Second Amendment right to keep and bear arms.

Those who passed the county statute weren't convinced.

"When this legislature passed these laws, they were constitutional," said Legislator Martin Rogowsky, D-Harrison, and chairman of the Committee on Public safety and Security. "If we were passing the laws today, we might pass the same laws.

"I'm less inclined to play judge on our own laws. Until a judge rules on the Westchester County law, we have a law on the books," he said.

A judge may eventually rule on this matter, as the county is now defending itself in two gun-related suits � including one over gun storage by controversial newspaper publisher Sam Zherka.

The county's committees on legislation and public safety debated the matter Monday, but took no action. The county's application process was also discussed.

Legislator John Nonna, D- Pleasantville, the chairman of the legislation committee, said it was a legitimate discussion, given the federal decisions.

He said it was the board's "obligation to consider the validity of our law when the constitutionality of the law is called into question."

The Supreme Court in June ruled in McDonald v. Chicago that states must abide by the same Second Amendment rules as the federal government and that states could not institute an outright ban on handguns.

That ruling also extended another one � Heller v. District of Columbia � that upheld an individual's right to possess a firearm within his or her home and to use it for self-defense if necessary.

Because security devices could make such a defense prohibitive, owners may not be able to defend themselves, said J. Scott Sommavilla, president of the Westchester County Firearm Owners Association in Rye Brook.

"You have to have the latitude to store as you see fit," Sommavilla said, adding that an owner who has children may want to store a firearm differently than a single individual or one living in a dangerous neighborhood. "How you store it is up to the gun owner."

Legislator Tom Abinanti, D-Greenburgh, wasn't swayed, and said those who wrote the law worked closely with gun advocates.

"I think our statute is fine," Abinanti said. "It is a balance between the rights of gun owners and the rights of society to ensure that guns are stored responsibly."
------------------
Storage law

In Westchester County:
� No person who owns or is custodian of a weapon shall store or otherwise leave such weapon out of his or her immediate possession or control without having first securely locked such weapon in an appropriate safe-storage depository or rendered it incapable of being fired by use of a safety locking device appropriate to that weapon. � A person is guilty of the negligent storage of a weapon in the second degree when he or she stores or leaves an operable weapon in any location where such weapon is accessible to another person who is not its owner or custodian. � A person is guilty of the negligent storage of a weapon in the first degree when he or she stores or leaves an operable weapon in any location where such weapon is accessible to another person who is not its owner or custodian and such weapon is discharged causing physical injury, serious physical injury or death to any person.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES

California

Motorcycle Safety Operations
Santa Monica- Aug. 29
http://www.surfsantamonica.com/ssm_site/the_lookout/news/News-2010/August-2010/08_27_2010_Police_to_Enforce_Motorcycle_Safety.html
-----

http://www.dailybulletin.com/news/ci_15904777
Fontana police officers issue citations during motorcycle safety operation Jannise Johnson, Staff Writer
Posted: 08/26/2010 05:06:41 PM PDT

Fontana police officers issues several citations and impounded three vehicles during a recent motorcycle safety operation.

Officers conducted their specialized enforcement on Saturday Aug. 21. Officers patrolled areas that are favorites of motorcyclists, according to a police news release.

Police concentrated on traffic violations made by both motorcycle riders and motorists who disregard the rider's safety. Officers issued 10 citations and impounded three vehicles.

Riders are encouraged to get training through the California Motorcyclist Safety Program. Information on training can be obtained by visiting www.CA-msp.org or 877-RIDE 411.

Funding for the operation was provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.
------

SB 435 update:
This bill prohibits a person from parking, using, or operating a motorcycle with a 2013 or newer model year that does not bear an exhaust system label certifying that the motorcycle meets the noise limits established by the United States Environmental Protection Agency (EPA). -Hearing date: August 23, 2010

POSITIONS: (Communicated to the Committee before noon on Friday, August 20, 2010)

SUPPORT:
American Lung Association
Bay Area Air Quality Management District
Breathe California
California Air Pollution Control Officers Association
County of Los Angeles
Noise Off
Noise Pollution Clearinghouse
Sacramento Metropolitan Air Quality Management District
San Joaquin Valley Air Pollution Control District
Bill Rosendahl, 11th District Councilmember, City of Los Angeles Salvatore LaMattina, 1st District Councilor, City of Boston, MA
4 individuals

OPPOSED:
ABATE California
Barger Harley-Davidson
Beaumont Motorcycles & Watercraft
Bellflower Motorsports
Bikers of Lesser Tolerance (BOLT)
BOLT of Massachusetts
BOLT of North Carolina
California Motorcycle Dealers Association
Cucamonga Yamaha
Harley-Davidson
LeBard & Underwood
Motorcycle Industry Council
Mountain Motorsports
Quiet Warrior Racing

Status:
Aug. 23 From committee: That the Assembly amendments be concurred in. (Ayes 6. Noes 2.) PASSED Aug. 26: Final vote in the Senate: AYES-22. NOES-17. PASSED
----------------------------------------------------------------------------------------
Illinois

Motorcycle only checkpoints
"Also, the Illinois State Police will conduct motorcycle safety awareness roadside checks during the weekend of Sept. 3-5. Officers working the detail will be watchful for drivers who are operating unsafe motorcycles, driving with a suspended or revoked driver�s license, improper or no classification to drive the motorcycle or driving under the influence."

Full article:
http://qctimes.com/news/local/article_a4437cc8-b08c-11df-a7be-001cc4c002e0.html
------
http://www.abate-il.org/legislative/010sept.html
A.B.A.T.E. of Illinois
Legislative Report
September, 2010

Summer is more than half over. Sturgis is behind us. The State Party is past. Yes, many of the pleasant distractions of the riding season are no longer vying for our time. Hopefully, this means we can just ride without having to fit bike time into a set structure.

With Labor Day weekend coming, however, we may face additional Illinois State Police (ISP) �safety checks� that seem to interfere with our freedom of the road more than promote safety. We are addressing this problem in various ways: 1st we have asked for a sit-down with the policy makers in ISP to find a way to promote safety without interfering with our right to ride. We have made a Freedom of Information Act request for more information about this program in hopes that, by knowing more, we can be more productive when we meet. Secondly, I am consulting with A.B.A.T.E. Legal Services and with attorney Mitch Proner in New York who has brought suit in federal court to stop these motorcycle-only roadblocks. Unfortunately, these efforts take time. I hope we can see positive results before Labor Day.

With legislatures in recess, we are seeing little new legislation to report. This has not, however, stopped our President from threatening to have the US EPA enact regulations that will restrict vehicle emissions. It appears that �cap and trade� will not make it through the Senate. That is good news for persons who do not want to have catalytic converters on their motorcycles or to see the end of air-cooled engines. The bad news is that US EPA might do its own version of �cap and trade� anyway. If that happens, we need to have as many friends as possible in Congress and the US Senate to hold the Obama Administration and its EPA in check.

Speaking of having friends in office, you may have noticed the �voters� guide� on pages 12-14 of last month�s newspaper did not show certain friends of motorcycling as endorsed. In one race, both candidates were apparently endorsed. ABATE PAC has corrected these errors elsewhere in this paper and on the ABATE website. Please note those changes. If you have a favorite candidate that is not endorsed, please encourage them to view our concerns favorable so that they might get higher grades in the future.

In the next few months, you will be hearing a LOT of requests for your time, money, and efforts to help in the election campaigns. Please set aside a generous amount of yourself to help our friends win their respective elections. Our future depends on it!

George Tinkham
A.B.A.T.E. State Legislative Coordinator
"Helping Democracy Work"
----------------------------------------------------------------------------------------
Indiana

www.wishtv.com/dpp/news/local/marion_county/bikers-turned-away-at-statehouse

Bikers turned away at Statehouse

Updated: Wednesday, 25 Aug 2010, 8:16 PM EDT
Published : Wednesday, 25 Aug 2010, 12:51 PM EDT

INDIANAPOLIS (WISH) - The public outcry over IMPD's alleged mishandling of a deadly crash involving Officer David Bisard continues.

As a show of support for crash victim Eric Wells, a crowd of motorcycle riders traveled from the Kokomo Harley Davidson to Indianapolis for a rally at the Statehouse. They started in Kokomo gathering speed and more bikers along the way. And they ended up at the Statehouse steps, but that wasn't enough. They wanted to be heard.

�We have a strong voice in the state of Indiana to make known what we feel needs to get out there. Now do we know the truth? No, we are not bringing the truth what we are bringing is that we would like, the truth is gotten to in the proper manners." said Steve Pyatte one of the bikers.

Concerned about how the case against Officer David Bisard has been handled these bikers banned together and walked right into the statehouse. With the Governor out, they followed the chain of command and walked up to Lt. Governor Becky Skillman's office, catching her Press Secretary, Jay Kenworthy by surprise.

"It's really right now kind of in the city's hands and they are doing their thing...so..." said Kenworthy.

"The Lieutenant Governor is fully aware of everything that's going on correct. And I am not here to question you, please don't, don't. But we do know the Lieutenant Governor is doing everything in her power and her elected position along with the Governor Mitch Daniels to over see this to make sure everything is done correctly at this point because as the public knows there have been some major errors and there are people dead and families without their loved ones." responded Pyatte.

For more on the exchange please click on the video link.

The bikers say they know that the Governor and Lieutenant Governor are not in charge of the investigation they just want attention to what has now become a national news story.
----------------------------------------------------------------------------------------
Maine

CAMREL- Citizens Against Maine's Revised Exhaust Law http://camrel.org/

About

We are a group of Mainers who are willing to stand up for our rights. We are devised of Motorcyclists, Auto Enthusiasts and the average person who feels that Mainer's rights are being violated by Maine's Revised Exhaust Law.

We are Citizens Against Maine's Revised Exhaust law and this website is our headquarters which will be a tool for the voices of our 7,500+ (and growing!) members to be heard.
----------------------------------------------------------------------------------------
New Jersey

S736 Establishes new motorcycle safety provisions.
Status: 8/23/2010 Passed by the Senate (31-3)

Summary:
Report from
SENATE BUDGET AND APPROPRIATIONS COMMITTEE
DATED: MAY 27, 2010

The Senate Budget and Appropriations Committee reports favorably Senate Bill No. 736 (1R) with committee amendments.

The bill, with committee amendments, enacts several new motorcycle safety provisions, including restricting the size of motorcycle a person is licensed to operate, creating a new category of low-speed motorcycle, authorizing the waiver of certain motorcycle licensing requirements in certain circumstances, and specifying the conditions under which a motorcycle permit holder may practice.

Specifically, the bill would create a restriction on the size of a motorcycle a person is licensed to operate to better prevent new motorcycle drivers from operating motorcycles with engine sizes too powerful for that driver�s skill level. The bill provides that a person issued a motorcycle license or endorsement who shall have taken the road test on a motorcycle or motor scooter with an engine displacement of less than 231 cubic centimeters shall be restricted to operating motorcycles with engine displacement of 500 cubic centimeters or less. This restriction would not apply, however, to a person who has successfully completed an approved motorcycle safety education course.

The bill also creates a new category of low-speed motorcycles to address the increased use of small motorcycles. The bill prohibits low-speed motorcycles from being operated upon limited-access interstate highways or public roads or highways with posted speed limits in excess of 35 miles per hour in this State.

This bill also expands the authority of the Chief Administrator of the Motor Vehicle Commission (�chief administrator�) to waive requirements for a motorcycle license or endorsement for holders of an examination permit who have completed a motorcycle safety education course by allowing a waiver of the written portion of the examination as well as the road test. The bill also makes it optional, rather than mandatory as under current law, for the chief administrator to collect a waiver fee from any provider of a motorcycle safety education course for each student holding an examination permit who, having successfully completed the course, has qualified for waiver of the road test portion of the motorcycle license examination. The bill also authorizes the chief administrator to (1) approve private entities, not included among those already designated by law, to offer a motorcycle safety education course, and (2) contract with a public or private entity to implement and administer the course.

The bill would also clarify the times, roadways, and conditions on which holders of a motorcycle examination permits may practice. The bill would prohibit a holder of a motorcycle examination permit from: 1) operating a motorcycle in the dark; 2) carrying passengers; and 3) operating a motorcycle on the State�s toll roads or on limited access highways.

The bill would require all applicants for a motorcycle examination permit under the age of 18 years to successfully complete a motorcycle safety education course as a condition for obtaining a motorcycle license or endorsement.

The bill exempts low-speed motorcycles from inspection requirements.

The bill reallocates the Motorcycle Safety Education Fund from the Office of Highway Traffic Safety in the Department of Transportation to the New Jersey Motor Vehicle Commission (�the commission�).

The bill repeals a 1991 law (N.J.S.A.27:5F-3 that establishes a motorcycle safety education advisory committee to assist the Division of Highway Safety in developing the motorcycle safety education program.

Bill text: http://www.njleg.state.nj.us/2010/Bills/S1000/736_R2.HTM
-----------------------------------------------------------------------------------------
Texas

http://www.kens5.com/news/SA-motorcyclists-revved-up-for-local-highway-safety-study-101566598.html

S.A. motorcyclists revved up for local highway safety study

by KENS 5 staff
kens5.com
Posted on August 26, 2010 at 10:57 AM

If you've been noticing more bikers riding in busy traffic areas around town, they could be part of a new study launched this week.

An out-of-state research firm is looking at the habits of motorcyclists in San Antonio.

That means 100 bikers are riding around with GPS trackers in the most dangerous places in the city to ride, including Loop 410 near U.S. 281.

Researchers for the Texas Department of Transportation say it's a first of its kind study. Results won't be known for a while.

RECAP:
�Motorcycle Rider Naturalistic Driving Study: Feasibility Study of Instrumentation to Collect Behavior Data to Identify On-Road Rider Behaviors �Virginia Tech Transportation Institute 2008 presentation.
PDF 14 pages:
http://www.vtti.vt.edu/PDF/ndmas_ppt_PDFs/doerzaphVTTI.pdf

Motorcycle Safety Foundation Partners with Virginia Tech Transportation Institute on Groundbreaking Naturalistic Study of Motorcyclists

Video Cameras and Data Acquisition Sensors to Track Riders Over Extended Period
www.msf-usa.org/index_new.cfm?pagename=News&action=display&content=B5A4E707-C291-4619-4D399881D6901B75

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS

http://www.aamva.org/Publications/TWiR/2010/Month08/Day30/SMSAConf.htm

AAMVA Staff Participate in National Conference for Motorcycle Safety AAMVA's Mike Calvin and Denise Hanchulak were invited to speak at the 2010 National Motorcycle Safety Conference held by the National Association of State Motorcycle Safety Administrators (SMSA) in Columbus, Ohio, Aug. 20-22, 2010. Calvin and Hanchulak's presentation focused on the feasibility of tiered and graduated rider licensing, drawing on the Guidelines for Motorcycle Operator Licensing which were released in early 2009 by AAMVA, in cooperation with National Highway Traffic Safety Administration. The National Motorcycle Safety Conference brought together more than 300 motorcycle safety professionals, program managers and instructors from across the country. Conference workshops included educational and professional updates as well as a group Motorcycle Awareness Ride. The SMSA is dedicated to serving the needs and interests of state motorcycle safety administrators and programs.

Guidelines for Motorcycle Operator Licensing
PDF 168 pages:
http://www.aamva.org/aamva/DocumentDisplay.aspx?id={D00966C2-ADF2-4DC0-98F1-BC5E482F708C}
----------------------------------------------------------------------------------------
RESEARCH

NYS Motorcycle Safety Enforcement - Lt. James Halvorson
States he has done presentations in [8/10]

Delaware:
http://ohs.delaware.gov/conference/

2009 Statewide Highway Safety Conference
Thursday Nov. 19, 2009
Motorcycle Enforcement Strategies
Speaker: Lt. James Halvorson - New York State Police
� View Presentation
PDF 47 pages http://ohs.delaware.gov/conference/ppts/NY-MotorcycleEnf-n-EduInitiative.pdf
----
New Jersey: 2009
NJ LTAP ENews February 2009 http://cait.rutgers.edu/njltap/nj-ltap-enews-february-2009

This Month, From the Director

New Solutions: Moving Toward Zero Fatalities
They gained significant value from presentations by Michael Geraci, Director of NHTSA�s Enforcement and Justice Services, and Lieutenant James Halverson of the New York State Police Traffic Unit. Mr. Geraci described the Data-Driven Approach to Crime and Traffic Safety (DDACTS), while Halvorsen provided an overview of the New York State Motorcycle Enforcement Demonstration Project.

****************************************************************************
Sign up for daily updates: Contact us at- nyfreedomriders-karen@stny.rr.com
If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

http://www.newyorkfreedomriders.com
New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"

New York Freedom Riders :: NY Legislation/news- 8/20/10

Author: karen
Subject: NY Legislation/news- 8/20/10
Posted: Fri Aug 20, 2010 8:46 am (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -8/20/10

NEW YORK LEGISLATION UPDATES:
Helmet, Motorcycle, Gang, Rights: no updates
-------------------------
New York News
www.fox23news.com/news/local/story/Bikers-Beware-Albany-cracking-down-on-noise/p6qd6gSD6kyzka5dGIUR6Q.cspx

Bikers Beware: Albany cracking down on noise
Reported by: Cait McVey
Email: CaitlinMcVey@fox23news.com
Videographer: G. Finley
Last Update: 8/17 7:23 pm

Summer is a good time to ride on a motorcycle. But take that noise to a city street like Lark, and neighbors will give you a piece of their minds.

"They're loud," says neighbor Matt Albert. "Both when they're over at Dunkin' Donuts and when they're driving by."

"The worst part is when they stop at these stop lights and they have to get it back into first to get going and they just rev it as loud as they can," says neighbor Rob Phipps.

Especially loud for those living at street level.

"We've complained about it because it's ridiculous," says Tyler Wrightson. "My bedroom is on the street and they go by at full throttle."

Those calls to the Albany Police Department haven't gone unnoticed. At the corner of Lark and Lancaster you'll find a new sign serving a friendly reminder to keep it down.

"It's useful in this case because we're talking about the quality of life for the people who live there," says Albany Police Det. James Miller.

If you're ticketed, you'll face a fine of up to $250 and even jail time. But the hope is the signage will stop the noise before it starts.

"You always want to deter crime before you have to react to it," Miller says. "So hopefully they pick up on that message."

Neighbors are skeptical. They point out the Dunkin' Donuts parking lot on the corner of Lark Street and Madison Avenue as a biker hangout any given night of the week.

"If they really want to do something about it they should put it down by the Dunkin' Donuts because they're going to go right by it," says neighbor Andrew Cressman.

"Hopefully," says Albert. "We'll see what happens though."
----------------------------
NOTE: City of Albany noise ordinance:
http://www.ecode360.com/?custId=AL0934

Chapter 255 Peace and Good Order
Article V unnecessary and Unusual Noises
255-24 General restrictions
[Amended 12-4-1989; 9-6-1990; 1-24-1991]

It shall be unlawful for any person to make, continue or cause or permit to be made or continued any unreasonable, unnecessary or unusual noise, between the hours of 6:00 a.m. and 8:00 p.m., which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities or to make, continue or cause to be made or continued, between the hours of 8:00 p.m. and 6:00 a.m., whether in the operation of any machine or the exercise of any trade or calling or in the use of or operation of any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the production or reproduction of sound or otherwise, any noise which either annoys, injures or endangers the comfort, repose, health or safety of a reasonable person of normal sensitivities, unless the making and continuing of the same shall be necessary for the reasonable protection or preservation of life or property or for the health, safety or life of some person or made in connection with governmental functions or activities conducted in furtherance of the public health, safety, welfare or convenience.
---
255-31 Streets or Public Places
[Amended 12-4-1989; 9-6-1990]

It shall be unlawful for any person to make, aid or encourage or assist in making any unusual, unnecessary or improper noise, riot or disturbance in any street or public place to the annoyance or inconvenience of travelers, or to reasonable persons of normal sensitivities residing adjacent thereto, nor shall any person use any profane, obscene or vulgar language in any street or public place.
----
255-34 Enforcement
[Added 12-4-1989; amended 6-5-2006 by Ord. No. 43.31.06 Editor's Note: This ordinance provided an effective date of 8-1-2006.]

A. Any person violating any of the provisions of this article may first be issued a verbal or written warning of violation by any police officer or other person authorized hereunder, who shall require that the violation immediately cease. If the violator, upon demand, fails to comply or for a second violation by the same violator within a thirty-day period, such violator shall, upon conviction thereof, be guilty of a violation and subject to the penalties provided in � 255-35 of this article.

B. Any person who observes or has knowledge of a violation of this article may file a signed deposition, under oath, with a police officer, specifying the objectionable conduct, the date thereof, and the name and address, if known, of the alleged violator. A police officer shall investigate each complaint and, if the complaint is supported by probable cause, issue a notice of violation therefor.

C. The Chief of Police may promulgate such rules and regulations as may be necessary to carry out the provisions of this section.
---
255-35 Penalties for offenses

[Amended 12-4-1989]
Any person violating any of the provisions of this article as defined herein shall be guilty of a violation and, upon conviction thereof, shall be liable for a fine not to exceed $250 or imprisonment not exceeding 15 days, or to both such fine and imprisonment. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

UPDATES

California

Specialized Motorcycle Safety Enforcement Operations

*CHP/ North San Diego County- Aug 21-22.
http://www.thevillagenews.com/story/50218/
* Glendale PD- Aug 29
http://www.ci.glendale.ca.us/police/announcements.asp?pk=699
* Lake Elsinore PD- Aug 22
http://www.riversidesheriff.org/press/lak10-0822.asp
*Long Beach- Aug 21-22
http://www.longbeach.gov/civica/press/display.asp?layout=4&Entry=3049
*Sacramento PD- [Mon. Aug. 16 ]- Aug. 20
http://www.sacpd.org/newsroom/releases/liveview.aspx?release_id=20100816-142
*Santa Barbara PD -Aug 21
www.edhat.com/site/tidbit.cfm?nid=37450
*Santa Monica PD- Aug 29
http://santamonicapd.org/Content.aspx?id=16779

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http://info.sen.ca.gov/cgi-bin/postquery?bill_number=sb_435&sess=CUR&house=B&site=sen

SB435 update
This bill would make it a crime for a person to park, use, or operate a motorcycle, registered in the state, that is manufactured on and after January 1, 2013, or a motorcycle, registered in the state, with aftermarket exhaust system equipment that is manufactured on or after January 1, 2013 , that does not have the above label, and would make a violation of this provision punishable by a specified fine, thereby imposing a state-mandated local program by creating a new crime. The bill would require the person to whom a notice to appear is issued, or against whom a complaint is filed, for the above violation, to provide proof of correction. The bill would authorize a court to dismiss the penalty imposed for a first violation if the person produces proof of correction to the satisfaction of the court.

BILL HISTORY 2010
Aug. 18- In Senate. To unfinished business.
Aug. 18- Read third time. Passed. To Senate.
Aug. 10- Read second time. To third reading.
Aug. 9 - Read second time. Amended. To second reading.
Aug. 5- From committee: Do pass as amended. (Ayes 11. Noes 5.) (Heard
in committee on August 4.)

SUPPORT : (Verified 8/18/10)

American Lung Association in California (source)
Bay Area Air Quality Management District
Boston City Councilor Sal Lamattina
Breathe California
California Air Pollution Control Officers Association
Las Virgenes Homeowners Association
Los Angeles City Councilmember Bill Rosendahl
Los Angeles County
Los Angeles County Sheriff Lee Baca
Noise Pollution Clearinghouse
NoiseOff.org
Sacramento Metropolitan Air Quality Management District
San Joaquin Valley Air Pollution Control District
Town of Windsor
West Hollywood

OPPOSITION : (Verified 8/18/10)

ABATE Local 1
American Motorcyclist Association
B & B Cycles
Barger Harley-Davidson
Beaumont Motorcycles & Watercraft
Bellflower Motorsports Employees
California Motorcycle Dealers Association
Cucamonga Yamaha
Harley-Davidson San Jose
Imperial Valley Cycle Center
LeBard & Underwood, Inc.
Livermore Harley-Davidson
Michael's Harley-Davidson, Inc.
Motorcycle Industry Council
Mountain Motorsports
Northern California Harley-Davidson Dealer's Association
Skip Fordyce Harley Davidson
Southern California Harley-Davidson Motorcycle Dealers Association

ARGUMENTS IN SUPPORT:
As its sponsor, the American Lung Association in California indicates that the bill "Would increase enforcement of current anti-tampering and noise-level statutes for motorcycles, and ensure that motorcycles on California roads operate with approved emission control systems. Failure to properly display a label indicating compliance with federal regulations would require the operator to take the necessary action to obtain the appropriate exhaust system and label. While this bill is focused on federal noise requirements, tampering with exhaust systems has serious air quality and public health implications. The ARB has reported that the average motorcycle with a tampered exhaust system emits several times more smog-forming emissions than a non-tampered motorcycle and up to 10 times more for certain types of motorcycles and modifications."

ARGUMENTS IN OPPOSITION:
The American Motorcyclist Association contends that "The lack of a labeled exhaust system does not mean a motorcycle is out of compliance with the law. Many after-market exhaust systems that comply with RSA 266:59-a are available from a number of manufacturers and for a variety of reasons. It is simply unfair to expect a motorcycle owner to display a readily visible label on their exhaust if it is not delivered that way from the factory. How many improper citations would be issued if this bill becomes law? Likewise it is simply unreasonable to expect a motorcycle owner to partially dismantle their motorcycle on the side of the road to prove the exhaust system is indeed labeled."
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Colorado Confederation of Clubs: http://www.colorado-coc.com/

What to do if Stopped by Police
http://www.colorado-coc.com/index.php/Main/Information#police

Police Contact Information
* What to do if you are stopped by the Police
http://www.colorado-coc.com/index.php/Main/WhatToDoIfYouAreStoppedByThePolice
* Don't Talk to the Cops (Videos Explains WHY!)
Video:Part1: http://www.colorado-coc.com/index.php/Main/DontTalkPart1
Video:Part2 http://www.colorado-coc.com/index.php/Main/DontTalkPart2
---
Legal Forms (Legal Document Templates)

*Motion for Discovery of Training Materials
PDF: http://www.colorado-coc.com/website/uploads/Main/MDTF.pdf
*Motion to Dismiss - Statute Unconstitutional
PDF: http://www.colorado-coc.com/website/uploads/Main/MDSU.pdf
*Motion to Suppress Evidence
PDF: http://www.colorado-coc.com/website/uploads/Main/MSE.pdf

NOTE: These motions were prepared by attorney Wade H. Eldridge for the Colorado Confederation of Clubs. They are samples ONLY. Please feel free to copy them, and modify them as needed to fit the facts of your case.

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ABATE of South Carolina: http://abatesc.org/web/

Know Your Rights During A Traffic Stop - Wed. Sep. 8th @ 6:30 pm
Written by Fred
Thursday, 19 August 2010 13:17

HOW NOT TO BE THE NEXT RODNEY KING

This is a FREE LECTURE to discuss your rights during a traffic stop.

Lecturer is Matt Danielson an attorney with Tom McGrath�s Motorcycle Law Group, licensed in South Carolina and Virginia.
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YOUR INVITATION TO KNOW YOUR RIGHTS DURING A TRAFFIC STOP
OR HOW NOT TO BE THE NEXT RODNEY KING

This is a FREE LECTURE to discuss your rights during a traffic stop. � The constitutional protections that come into play. � What the police may and may NOT do. � What you have and don�t have to tell the police. � Checkpoints. � How to conduct yourself.

Wednesday, Sept. 8, 2010 at 6:30 P.M.
VFW POST 3034, 1925 Gion St. Sumter, SC 29150
Lecturer is Matt Danielson an attorney with Tom McGrath�s Motorcycle Law Group, licensed in South Carolina and Virginia. Matt served in the Virginia Army National Guard, and became a police officer with the Chesterfield Police Department. After receiving a Law Degree from the University Of Dayton School Of Law he accepted a position as a prosecutor with the Newport News, Virginia Commonwealth�s Attorney�s Office. Later he became the Chief Deputy Attorney in charge of all the office trial teams. He has been with Tom McGrath�s Motorcycle Law Group since 2003.

For More Information Contact:
Reb Richardson, 803-�491-�5145, (reb@sc.rr.com)
Matt Danielson, 1-�800-�321-�8968 (matt@tommcgrathlaw.com)
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Texas

http://www.thepetitionsite.com/1/houstonnoiseordinance/

City of Houston Noise Ordinance Petition -overview

* Target: Houston City Council
* Sponsored by: Houston Area Motorcycle Riders

Petition to change the City of Houston
Texas Code of Ordinance
Chapter 30-2, 30-3, 30-4, 30-5, 30-8

Noise and Sound Level Regulation

Have you been issued a ticket for LOUD PIPES, or EXHAUST PIPES not to FACTORY specs?

This is a petition to alter the Houston City Noise Ordinance in order to prevent it from being used to harass motorcycle riders.

Currently the ordinance is written such that no initial complaint, nor evidence (decibel meter reading) is required. A ticket may be written solely based on an officer's discretion. This has allowed for the abuse of this law by some HPD officers to target motorcycle riders for their own personal reasons, and places the individual in a position in which they must prove their innocence. Even though in several cases the charges have been dropped due to lack of evidence, they continue to be written. These tickets eventually cost taxpayers unnecessary expenses within the judicial system and police officer's overtime expenses. It also contributes to additional case loads on our already overloaded judicial system.

Please join us in an effort to change the code to clarify the manner in which this ordinance may be used or applied by law enforcement, or to remove the decibel requirement in whole. The addition of decibel limits for exhaust systems exceeds the state vehicle inspection requirements, and is unreasonable.

In this age of increasingly quieter interior noise levels for automobiles, surround sound systems, and cell phone use, exhaust systems become an additional warning system for motorcycle riders. Any aftermarket exhaust system which is legal to purchase, and not explicitly labeled for "OFFROAD USE ONLY", and in good working order should be allowed as per state vehicle inspection standards.

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NEW REPORTS

http://www.aamva.org/Publications/TWiR/2010/Month08/Day16/default.htm#2

NHTSA Plans to Examine the Effect of Entry-Level Motorcycle Rider Training on Motorcycle Crashes

The National Highway Traffic Safety Administration (NHTSA) plans on combining information from surveys, motorcycle riding skills tests, and archival records to examine the effect of entry-level motorcycle rider training on safe motorcycle riding. Participation by respondents will be voluntary. Surveys will be used to collect information from motorcycle riders on topics such as demographics, attitudes towards safety, miles and years of riding experience, purpose of riding, training history, alcohol use while riding, use of helmets and protective gear while riding, and riding experience under different conditions (for instance, in inclement weather or while fatigued). This information will be used to initially match riders that have received entry-level training with untrained riders at the start of the study to ensure that these groups are comparable in terms of demographics, safety attitudes, riding experience, and purpose of riding. Survey information will additionally supplement data from skills tests of riders' on-motorcycle performance and archival data on riders' crashes, injury severity, and motor vehicle citations. Data collected from motorcycle riders that have received entry-level rider training will be compared to data from untrained motorcycle riders. Surveys will be conducted electronically over the Internet when possible, with a pen-and-paper option available if preferred by the respondent. NHTSA has sent an information collection request (ICR) to the Office of Management and Budget (OMB) and asks that comments on this ICR be submitted on or before Oct. 15, 2010. More details are available in the Aug. 16, 2010, Federal Register.

****************************************************************************
Sign up for daily updates: Contact us at- nyfreedomriders-karen@stny.rr.com
If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

http://www.newyorkfreedomriders.com
New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"

ABATE of VA :: JIM ORANGE MEMORIAL POKER RUN

Author: Sharon
Subject: JIM ORANGE MEMORIAL POKER RUN
Posted: Tue Aug 17, 2010 2:36 pm (GMT -4)
Topic Replies: 0

ABATE of VA
JIM ORANGE MEMORIAL POKER RUN

September 25, 2010
Starting at The Stable, 137 E Culpeper St, Culpeper, VA
Sign in from 10:00 to 11:00 a.m, $15 per hand
Proceeds to benefit The Culpeper Food Closet
Approx 100-mile scenic ride, 7 card stud
Cash and other prizes, food, music, camping at ride end in Rixeyville
_________________
Sharon Keaton
VA Freedom Riders
ABATE of VA

Events :: JIM ORANGE MEMORIAL POKER RUN

Author: Sharon
Subject: JIM ORANGE MEMORIAL POKER RUN
Posted: Tue Aug 17, 2010 2:34 pm (GMT -4)
Topic Replies: 0

September 25, 2010, ABATE of VA
Starting at The Stable, 129 E Culpeper St, Culpeper, VA
Sign in from 10:00 to 11:00 a.m, $15 per hand
Proceeds to benefit The Culpeper Food Closet
Approx 100-mile scenic ride, 7 card stud
Cash and other prizes, food, music, camping at ride end in Rixeyville
_________________
Sharon Keaton
VA Freedom Riders
ABATE of VA

New York Freedom Riders :: NY Legislation/news- 8/13/10

Author: karen
Subject: NY Legislation/news- 8/13/10
Posted: Fri Aug 13, 2010 10:14 am (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -8/13/10

NEW YORK LEGISLATION UPDATES:
Helmet, Motorcycle, Gang, Rights: no updates
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NEW YORK NEWS

www.cnylink.com/cnynews/view_news.php?news_id=1281663584

Did you hear? Elbridge takes second look at first-ever noise ordinance Ned Campbell 08/12/10
[NOTE: noise related only]

When someone comes to Elbridge town councilor Rita Dygert with a noise complaint, she might as well be left speechless. Without a noise ordinance, there�s nothing the town can do.

This helped motivate Dygert to draft the "Town of Elbridge Noise Law," which was aired out in an Aug. 4 public hearing at town hall.

Why do we need a noise law? Do we really need a noise law?

"I think all would agree that the quiet enjoyment of our home and property is a very important quality of life issue," Dygert said. "After all, if we can�t get peace and quiet at home, where are we going to get it?"

Dygert mentioned exceptions to the noise ordinance, including lawnmower and snowblower activity, construction, public assemblies, emergency work or operations, and "all agricultural activities regardless of the hour of the day."

Dygert made clear that noise would only come under scrutiny if it were offensive to a neighbor.

Dawn Bersani of Grimes Road was one of the first residents to speak in favor of the proposal.

"I�ve always been in favor of this," she said. "� Because of the music emanating from a vehicle most every night till whenever hours of the evening, to the point where I can�t even have my windows closed. I can still hear the bass through my glass."

According to Bersani, her neighbors once said to police that because there was no noise ordinance, they could do whatever they wanted.

"Without anything in place, I have no recourse," Bersani said. "I have to literally put up with it."

Some people at the meeting questioned Bersani�s approach to dealing with the noise.

"Did you actually talk to the neighbors and ask them to turn it down?" asked Dana Anthonson.

"I�ve never talked to the neighbors," Bersani responded.

"That would�ve been my first course of action," Anthonson said.

Rich Moorehead of Halfway Road said he could sympathize with Bersani and told a story of one neighbor who had a Harley Davidson with straight pipes.

"He could rattle the windows in my house," Moorehead said. "I approached him and told him that I had little kids, and it scared the hell out of them every time he left his house. I just asked him to soft pedal it until he reached Route 5 � which he did. So I worked with him.

"But I also bought a place in the country with a few acres of land because I have chainsaws, I have tractors, I have dirtbikes,and I do enjoy loud music once in a while. It�s my right, also, as a landowner, to use my property the way I want to."

Dan Conroy of Sandbank Road asked if noise from a Harley Davidson motorcycle could ever be enforced, which led Dygert to note the law�s leniency toward impulsive sound as opposed to continuous sound.

Town attorney Dirk Oudemool then pointed out that any noise produced by an engine would be exempt from the noise law, since motor vehicles are state regulated.

Oudemool has seen a noise ordinance up close from working as an attorney for the town of Camillus.

Conroy was curious about how the ordinance would be enforced. For instance, should the town codes enforcement officer be expected to be on the spot when someone reports a neighbor using a chainsaw late into the night?

Oudemool suggested the board not put a specific enforcement policy in writing at the risk of taking away from the codes officer�s authority.

Dygert spoke with the Camillus town codes office and found that since the implementation of a noise law in Camillus, the number of complaints received have been reduced to one or two a year.

She added that their law has not placed an undue burden on the Camillus police department.

Supervisor Ken Bush addressed the room after all comments had been made.

"No action is planned to be taken in regard to this proposed noise ordinance this evening," Bush said. "Your concern, your support, your questions will be considered before any formal action is taken."
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REPORTS:

New NYSHealth-funded Report: 1.2 Million New Yorkers Projected to Gain Health Insurance Under Federal Health Care Reform

On August 13, 2010, NYSHealth released a report with Manatt Health Solutions reviewing and analyzing the key provisions of the Federal health care reform law. The report, �Implementing Federal Health Care Reform: A Roadmap for New York State,� projects the unique implications that each provision of the law holds for New York, and identifies the tasks and hurdles that State government and other stakeholders must confront when implementing reform. Please click here to read more and to download the full report.

Implementing Federal Health Care Reform: A Roadmap for New York State August 2010 PDF 93 pages: http://www.nyshealthfoundation.org/userfiles/file/RoadmapPaper_Aug2010.pdf

Implementing Federal Health Care Reform: An Implementation Timeline for New York State PDF 1 page: http://www.nyshealthfoundation.org/userfiles/file/Timeline%20for%20NYSHF_081210.pdf
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UPDATES

California

SB435 update

Amended in Assembly August 9, 2010
This bill would make it a crime for a person to park, use, or operate a motorcycle, registered in the state, that is manufactured on and after January 1, [2011-removed] 2013, or a motorcycle, registered in the state, with aftermarket exhaust system equipment that is manufactured on or after January 1, [ 2011-removed] 2013 , that does not have the above label, and would make a violation of this provision punishable by a specified fine, thereby imposing a [state mandated-removed] state-mandated local program by creating a new crime.

LAST HIST. ACT. DATE: 08/10/2010
LAST HIST. ACTION : Read second time. To third reading.
FILE : ASM THIRD READING
FILE DATE : 08/12/2010
ITEM : 240
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Maine- checkpoints

�King said checkpoints are a new initiative this summer and the first was highly successful. A second is scheduled for Kennebunk on Sunday, Aug. 15, and a third will take place in Kennebunkport at a later date.�

�North Hampton police have a checkpoint scheduled for the weekend of Aug. 22 with the Hampton Police Department, and a checkpoint in North Hampton or Rye will soon be scheduled. These will be mandatory stops to ensure equipment adheres to state statues.�

Full article:
www.wirenh.com/News/News_-_general/Making_some_noise_201008094344.html
Making some noise
Written by Krista Macomber
Tuesday, 10 August 2010
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Maryland

www.thenewspaper.com/news/32/3227.asp

Maryland Attorney General Upholds Right to Video Traffic Stops Maryland attorney general rules that state police were wrong to charge motorist with felony for recording his traffic stop. 8/11/2010

Making a recording of a police traffic stop is not a crime in the opinion of Maryland's attorney general. In a ruling issued last month from the state's top law enforcement office, Chief Counsel Robert N. McDonald found the legal grounds weak for felony wiretapping charges of the type brought against a motorcyclist who posted a video of himself being arrested on YouTube. Maryland State Police had taken advantage of ambiguity in the law to prosecute Anthony Graber, 25 for the April 13 recording.

"No appellate decision in Maryland specifically addresses the application of that law to recording of police activity," McDonald wrote in his opinion.

Graber had been stopped for speeding on Interstate 95. While driving an unmarked car in plain clothes, Maryland State Trooper Joseph David Uhler cut off Graber as he brought his motorcycle to a stop. Uhler then jumped out of his car, gun drawn, commanding, "Get off the motorcycle" before identifying himself. Graber had a camera on his helmet that recorded the entire incident, which he later posted on YouTube (view video). The sight of Uhler wielding his weapon in public over a traffic infraction drew a storm of criticism. Uhler responded by ordering his colleagues to raid Graber's residence and confiscate all of his computer equipment as evidence of wiretapping. By filing charges that could send Graber to prison for sixteen years, the state police wanted to send a clear message to anyone who might consider documenting police misconduct in the future.

Under the interpretation of the state police and prosecutors, a police officer has an expectation of privacy while working on public streets. Ordinary citizens on those same streets, however, have no such expectation and are subjected to constant monitoring by the state's red light cameras, speed cameras and recently expanded automated license plate recognition systems. The attorney general's office examined the question of whether the conversation in a traffic stop constituted an "oral conversation" that is "intercepted" under the wiretap act if a citizen records the arrest. After considering a related attorney general ruling from 2000, McDonald ruled that there is no difference between a police officer and a citizen as far as the statute is concerned.

"The reasoning of that excerpt, which suggested that a police officer would not face prosecution or liability under the act for recording an arrest or traffic stop in a public place, would apply equally well to a private person involved in the same incident," McDonald wrote.

Several other states, with the exception of Massachusetts, have developed case law that clearly allows the recording of police traffic stops. The attorney general's ruling did not directly consider the details of the Graber case, but it concluded that the most likely outcome should it come to trial would be acquittal.

"A court could hold that a police stop of an individual necessarily is not a 'private conversation' and therefore does not involve an oral communication covered by the state wiretap act," McDonald ruled. "This conclusion would be consistent with the suggestion made in the 2000 opinion and with the holdings of the courts in most other states construing state eavesdropping statutes. Given the language of the Maryland statutes, this seems the most likely outcome in the case of a detention or arrest."

A copy of the decision is available in a 1.3mb PDF file at the source link below.
Source: On the Maryland Wiretap Act (Attorney General, State of Maryland, 7/7/2010)
NOTE: PDF 11 pages http://www.thenewspaper.com/rlc/docs/2010/md-youtube.pdf
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Massachusetts

www.salemnews.com/local/x370357074/Bikes-pipes-too-loud-Police-can-help-you-find-out

August 13, 2010
Bike's pipes too loud? Police can help you find out

By Bruno Matarazzo Jr. Staff Writer

SALEM � Motorcyclists will have the opportunity to have their exhaust tested the next three Saturdays in the North Shore.

Representatives from the Massachusetts Motorcycle Association will be on hand to check motorcycle exhaust systems in a program called Ride and Drive Community-Friendly Partnership.

The Salem police are putting on the voluntary events, being held Aug. 14, 21 and 28, with the help of Beverly and Peabody police.

"(The association) uses a decibel meter to check the noise level of the motorcycle exhaust," Salem police Sgt. Harry Rocheville said.

The owner is then provided a pass or fail certificate depending on the outcome and is given other educational material.

"This is not a problem that is unique to Salem, but rather the entire North Shore," Rocheville said.

Members of all three police departments will be on hand to assist in the inspection and education component. The police officers are either motorcycle enthusiasts or on their department's traffic division, according to Rocheville.

The Boston Chapter of HOG (Harley Owners Group) is encouraging its members to attend the event.

The Massachusetts Motorcycle Association recently started its own campaign called "When in Town Throttle Down." They are posting signs at the entrance corridors of communities that have issues with loud motorcycles.

The events will be held from 10 a.m. to 2 p.m. at the following dates and locations:

Aug. 14, Northshore Mall
Aug. 21, Salem High School
Aug. 28, base of Veterans Memorial Bridge, Beverly side.
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www.massmotorcycle.org/content.aspx?page_id=5&club_id=769540&item_id=14138
Tuesday, August 10, 2010

MMA Legislative Update-Motorcycle Junior Operator Training Bill Signed

The Massachusetts Motorcycle Association (MMA) announces that Senate Bill 2344, dubbed Ryan�s Bill, an �Act relative to assuring that motorcyclists between the ages of 16 and 18 are provided with adequate education relative to the proper safety and operation of a motorcycle.� has been signed into law by Governor Deval Patrick.

Responding to requests from families across the Commonwealth, the MMA took the task of analyzing the impact formal training would have on Junior Operators wishing to earn a Motorcycle License in Massachusetts before filing formal legislation. On behalf of Ryan Orcutt, a 16 year-old from Brockton who died in a motorcycle accident, parents Roger & Diane Orcutt approved calling this legislation �Ryan�s Bill�, in his honor.

Recognizing the additional burden formal training may require, MMA Legislative Director Rick Gleason states, �A weekend of formal training sets the stage for a lifetime of motorcycling enjoyment and the skills acquired through training can help a rider avoid a crash.�

This new legislation in no way mandates formal training for all, it affects those under 18 who wish to earn their motorcycle license. Noting that current Registry of Motor Vehicles (RMV) regulations require 40+ hours of formal training before a Junior Operator may obtain a license to operate an automobile, the MMA thought long and hard about addressing the issue of formal training for a motorcycle license. �Cars and bikes are more powerful than those when I started to ride some 30+ years ago, and there are more of them on the road who are driving more and more aggressively� states Doc D�Errico, MMA Safety & Education Director. �I am a current Motorcycle Safety Foundation (MSF) Instructor and I coach 16 year-olds all the time who come in because �Mom made me�.

Noting the motorcycle training curriculum has been updated substantially from years past, �Riders rave about the current training curriculum and after a couple hours in the rider course, these riders realize how worthwhile this experience is for them. They actually thank us afterwards.� Doc adds.

Uninformed critics have spoken out about the supposed lack of formal training facilities and the burden to the state this law introduces, yet they haven�t gathered data to substantiate these unfounded claims. The MMA requested ten (10) years worth of data directly from the RMV and actually counted how many junior motorcycle operators would have been affected in each of these ten (10) years. The MMA then went to the various training site owner\operators across the state and questioned the capacity at each of their locations. This fact-finding analysis determined that the nine (9) training organizations operating fifteen (15) separate locations across the state are fully staffed with Motorcycle Rider Education Program (MREP) Ridercoachs and have sufficient capacity to handle the workload.

One such training operator is Training Wheels which runs six (6) training locations. Rick Siegel, president of Training Wheels comments, �Over the past eleven years that we have been in business we have received hundreds of emails and letters from our past students in appreciation of what the Basic Rider Course (BRC) has done for them as a new rider by providing not only confidence but valuable accident avoidance techniques that have been successfully (and thankfully) used in the �real world�. It has been especially frustrating to us that the younger, inexperienced drivers do not truly recognize the dangers of sharing the road until often it is too late and therefore do not think to take the BRC before getting on a motorcycle. This new law no doubt will result in an immediate improvement in motorcycle rider safety amongst young riders and will benefit countless families throughout Massachusetts for years to come.�

MREP Officials reported earlier this year that the ten (10) years of information from the Massachusetts RMV was analyzed to find that just over 63% of those involved in fatal motorcycle accidents have never received any formal motorcycle rider training and 22.5% of motorcycle fatalities were from riders under the age of 21.

MMA Chairman Dave Condon further clarifies that passage of Ryan�s Bill does not mandate a junior operator take a motorcycle training course. "A motorcycle permit in this state is good for two years. Therefore, a junior motorcycle operator can still ride on his\her permit beyond their 18th birthday, and take the road test offered by the Registry of Motor Vehicles.� Condon further stated. "The MMA was very careful in not taking anyone's choice away or interfering with a parent�s right to decide what is best for their child."

Questions and\or comments can be sent to: LegislativeDirector@MassMotorcycle.org. The Massachusetts Motorcycle Association (MMA) is the nationally recognized motorcycle rights organization (MRO) of Massachusetts and is celebrating its 35th year of operation, fighting for the rights and privileges of riders across the Commonwealth. All Massachusetts motorcycle activists are encouraged to visit the official MMA Web Site at: www.MassMotorcycle.org for additional information regarding MMA operations.
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Pennsylvania

Motorcycle enforcement training scheduled

http://www.patsn.org/Community-Traffic-Safety-Projects/North-Central-Highway-Safety-Network/

North Central Highway Safety Network
Counties include: Schuylkill, Berks, Monroe, Union, Snyder, Columbia, Pike, Montour, Northumberland, and Sullivan.

Calendar of Events
9/22/2010 - Motorcycle and Heavy Truck Enforcement Workshop
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS

http://safety.fhwa.dot.gov/mac/mtgsums/2010/final051310/

Motorcycle Advisory Council/Federal Highway Administration Eighth Meeting Summary Report May 13, 2010

PDF 31 pages:
http://safety.fhwa.dot.gov/mac/mtgsums/2010/final051310/final051310.pdf

****************************************************************************
Sign up for daily updates: Contact us at- nyfreedomriders-karen@stny.rr.com
If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

www.newyorkfreedomriders.com
New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"

New York Freedom Riders :: NY Legislation/news- 8/6/10

Author: karen
Subject: NY Legislation/news- 8/6/10
Posted: Fri Aug 06, 2010 10:01 am (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -8/6/10

NEW YORK LEGISLATION UPDATES:
Helmet, Motorcycle, Gang, Rights: no updates
------------------------
New York News:

www.legislativegazette.com/Articles-c-2010-08-04-69665.113122_Legislature_passes_state_budget_4_months_late.html

Legislature passes state budget 4 months late
By MICHAEL GORMLEY, AP
August 04, 2010

New York's Legislature on Tuesday night passed a state budget that's more than four months late.

In the end, Democratic Sen. William Stachowski of Buffalo, who withheld his vote since June to force action on a proposal to empower state universities, changed his mind. Instead of a law, the proposal became a nonbinding "framework" for continued negotiations. The proposal was intended to empower the State University of New York and City University of New York to have greater autonomy from Albany.

But the framework was enough to get all 32 Democratic senators to vote for the $1.75 billion revenue bill, the final piece of the $136 billion state budget. The budget increases spending 2 percent, or less than inflation, a fraction of the nearly 10 percent increase in spending a year ago in the first year of a fiscal crisis.

The 2010-11 budget completed Tuesday night includes a 5 percent cut � about $1.4 billion � in school aid and addresses a $9.2 billion deficit stemming from the fiscal crisis.

"Today we completed the final stage of a fair and responsible budget that works for New Yorkers," said Austin Shafran, spokesman for the Senate's Democratic majority.

Republican Sen. Stephen Saland of Poughkeepsie called it "one of the most slipshod and undemocratic budgets" ever passed by a state. Senate Republican leader Dean Skelos of Nassau County said the negotiations, in which Democrats excluded Republicans, were "totally dysfunctional" and resulted in too much spending and taxing.

Now that the budget is finally approved, lawmakers can begin to collect their pay withheld since the April 1 budget deadline. Each has had more than $30,000 in base pay withheld under the decade-old law.

The Democrat-led Assembly had already passed its budget bills in June at the end of the regular session.

In the end, even the three Democratic senators who withheld their votes to force discussion on the empowerment plan for SUNY and CUNY agreed to vote on the final budget bill. The empowerment bill would give the universities the power to grow, set their own tuition and enter into private partnerships to develop hotels and other projects.

"The empowerment is a huge disappointment," said Sen. Neil Breslin of Albany County, one of the three. "But I'm not going to hold the budget up."

The latest a state budget was adopted was Aug. 11, 2004.

"We couldn't set a record," said Sen. William Stachowski of Buffalo, another of the three. "We've given it five weeks."

The 2010-11 budget totals about $136 billion, after Paterson vetoed about 6,700 spending items the Legislature added to Paterson's approved budget proposal, including $190 million in pork-barrel grants for lawmakers to send to health, social service and civic groups in their districts.

The Senate and Assembly agreed, at Paterson's insistence, on a contingency plan to deal with the possibility that $1 billion in promised Medicaid reimbursement won't come from Washington. Starting in September, Paterson will exact across-the-board funding cuts and in December will provide a more comprehensive plan, with the Legislature's input, to compensate for any lost aid.

The Assembly, Senate and governor also agreed to remove a new tax on wealthy hedge fund managers from Paterson's budget proposal. Officials fear the tax would drive the managers and their big paychecks to Connecticut, a concern underscored by a public recruitment effort by Connecticut officials.

The Senate overwhelmingly approved Paterson's property tax cap, although it has little support in the Assembly.

Paterson told WSYR Radio in Syracuse on Tuesday that if the Assembly doesn't return to Albany in the coming weeks to consider the bill as promised, then he may compel them to Albany in October � the height of the election season � to consider whether to approve it or reject it.

"When 80 percent of New York's residents want a property tax cap and (taxes are) literally driving people out of the state, that's exactly what will happen if it isn't addressed in later August or September," Paterson said.

The budget bill passed along party lines, 32-28.

Major elements of the budget include:

�Eliminating the sales tax exemption on clothing and shoes costing under $110. The exemption would end in October, then return April 1, but exempt clothing and shoes worth $55. The $110 exemption would return April 1, 2012. That is supposed to bring in $330 million.

�Cutting in half the charitable deductions for New Yorkers making $10 million a year.

�Expanding the hours of the Quick Draw gambling game run by the Lottery Division, often in bars, and expanding the hours of video slot machines at race tracks.

�Delaying $100 million in business tax breaks. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES

California:

SB435: Update
COMM. LOCATION : ASM APPROPRIATIONS
COMM. ACTION DATE : 08/04/2010
COMM. ACTION : Do pass as amended.
COMM. VOTE SUMMARY : Ayes: 11 Noes: 05 PASS

Votes:
AYES: Fuentes [D], Bradford[D], Charles Calderon[D], Coto[D], Davis[D], De Leon[D], Gatto[D], Hall[D], Skinner[D], Torlakson[D], Torrico[D]

NOES: Conway[R], Harkey[R], Miller[R], Nielsen[R], Norby[R]

ABSENT, ABSTAINING, OR NOT VOTING: Solorio[D]
-----
SB435:
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 27202.1 is added to the Vehicle Code, to read:
27202.1. (a) Notwithstanding any other law, a person shall not park, use, or operate a motorcycle, registered in the State of California, that does not bear the required applicable federal Environmental Protection Agency exhaust system label pursuant to Subparts D (commencing with Section 205.150) and E (commencing with Section 205.164) of Part 205 of Title 40 of the Code of Federal Regulations. A violation of this section shall be considered a mechanical violation and a peace officer shall not stop a motorcycle solely on a suspicion of a violation of this section. A peace officer shall cite a violation of this section as a secondary infraction.
----------------------------------------------------------------------

Kansas

http://www.kansas.com/2010/08/01/1429304/quiet-signs-greet-latest-cassoday.html
Posted on Mon, Aug. 02, 2010

'Quiet' signs greet latest Cassoday bike rally
BY DEB GRUVER
The Wichita Eagle

CASSODAY _ The unwritten message of the neon yellow "Quiet Zone" signs sprinkled around town Sunday was: enough with the vroom, vroom, vroom already.

The signs served as a reminder to the motorcyclists who ride here the first Sunday of each month that residents like the peace and quiet of their tiny Flint Hills town.

They grew out of recent complaints about the Cassoday Bike Run as it has grown from just more than a dozen riders to as many as 7,000. Complaints about noise, congestion and respect for private property led to a petition presented at a recent Cassoday City Council meeting where more than 100 people had their say. A second meeting is scheduled for Aug. 9.

The ruckus caused quite a stir.

On Sunday, about 6,000 riders came to town for breakfast and camaraderie and to show their support for the rally. They were greeted with new welcome, "Quiet Zone" and parking signs.

Vendors sold everything from T-shirts and bandannas to heaping plates of eggs and sausage and cups of flavored shaved ice that melted quickly in the summer heat. The streets bustled with Harley Davidsons, Ducatis, Hondas and custom-built bikes.

Brett Nelson, who started the petition to end the rally, said "it looked a lot better" Sunday. "I think we're going to get through this."

He said he walked around and invited riders to talk to him.

Randy Wells, a board member of the Cassoday Bike Run, said he also thought riders and residents would work out their differences.

"I think the signs made a difference," he said. "The pastor's wife came over and thanked us."

City Council member Joy Nelson said she walked around the rally Sunday and thought the signs did help, especially in getting bikes off the highway and roads and into parking areas. But, she said, "it's going to be an ongoing thing to keep a handle on" noise and congestion.

In the past, she said, bikes have been "lined up at least three deep down Main Street, at least two deep down Kansas Street and parked on both sides of the highway."

Some riders parked on private property, blocking driveways, she said, and conveyed an attitude of "we own this place."

She called that "uncalled for."

Wells said riders are respectful.

"I think most of the people in Cassoday really enjoy it," he said of the rally.

Harold Roberts, who lives a mile east of Cassoday and owns several buildings there, said concerns were "blown totally out proportion" by a minority.

Roberts rents out space to vendors for the monthly rally but doesn't ride himself.

"I'm 90 years old," he said. "I'm going to stay on the ground."

There's no way the rallies will end, he said.

"They're not going to stop it," he said. "It'll all work out."

Gene Shannon, who said he's been coming to the rallies since they started in 1991, also was optimistic.

"It's so big, I don't think you could stop it," he said.

Nelson said council members won't vote on the future of the rally Aug. 9 but will take more public comment about it and get feedback from residents about whether the signs are helping. The meeting starts at 7:30 p.m. at Cassoday's community building.

The rally has its own page on Facebook, Cassoday Bike Run, with 1,168 fans on Sunday afternoon.

Attendance varies with the weather. Last month, only about 25 people showed up, Shannon said, because of rain.

Shannon sat under a canopy tent with other members of the Gold Wing Road Riders Association.

"The thing about this is everyone here has one thing in common: They like to ride," said El Dorado resident Gary Van Buskirk.
------------------------------------------------------------------
New Hampshire

http://www.seacoastonline.com/articles/20100806-NEWS-8060337

Harley dealership takes legal action on noise ordinance
Town won't enforce it until after Superior Court ruling
By Shir Haberman
hamptonunion@seacoastonline.com
August 06, 2010 2:00 AM

NORTH HAMPTON � The town's new motorcycle noise ordinance will not be enforced until after a Rockingham County Superior Court judge rules on the merits of a request for an injunction filed against the town by Seacoast Motorcycles Inc., a Harley-Davidson dealership located on Route 1.

"The ordinance will remain unenforced until we have a hearing," Town Administrator Steve Fournier said on Wednesday.

After discussions with the dealership's attorneys, the town's legal counsel, with the consent of town officials, decided not to fight the request for a preliminary injunction against the enforcement of the noise ordinance, said Fournier. A letter from Matthew Serge of the law firm of Upton & Hatfield LLC, which represents the town, confirmed that decision.

"Please note that counsel for Seacoast Motorcycles Inc. did file a stipulation on behalf of both parties allowing the court to grant a preliminary injunction," Serge wrote in an Aug. 3 letter to Fournier. "This order prevents the town from enforcing its motorcycle ordinance pending a final hearing and decision.

"My next step is to draft an answer to the complaint, which must be filed by Oct. 7, 2010," Serge wrote.

Fournier, who received a draft copy of the proposed filing in late July, said the town's decision not to enforce the ordinance did not have a bearing on the dealership's decision to move forward with its legal action.

"The situation (concerning the enforcement of the ordinance) might change at any time," Fournier said in July. "(Seacoast) may want to have an injunction in place before that."

The Seacoast petition to the court indicates the dealership's feelings that this ordinance is not good for the public or for its business. The document makes the argument that controlling motorcycle noise in New Hampshire lies within the purview of the Legislature. Just last session lawmakers rejected proposed legislation that, like the North Hampton ordinance, required motorcycles to have an EPA label on their exhaust systems.

"Despite the fact that the ordinance itself does not refer to noise levels, it clearly is an attempt to replace the state's noise level limit of 106 decibels with a lower noise level in the town of North Hampton," the dealership's filing reads. "The ordinance basically bans motorcycles from the town if they do not have an EPA label on their exhaust system (symbolizing that at the time of manufacture the system generated 80 decibels of noise) even though the motorcycles comply with the state's noise limit of 106 decibels."

Seacoast claims its business would suffer if this ordinance was enforced. It claims that because EPA labels do not appear on replacement systems, "The ordinance has the effect of making the majority of Seacoast's entire used motorcycle inventory (normally about 70 vehicles) illegal."

The dealership also claims its business would suffer because it would be "prevented by the ordinance from servicing a large portion of the motorcycles that are in operation because the owners of the motorcycles without the EPA label could not drive through the town to get to Seacoast for service work on the motorcycle," the petition indicates.

The document also argues that "if a municipality is allowed to assert control over the noise level of a vehicle, the result could be a checkerboard-pattern of ordinances adopted by the various towns in the state," the document reads. "That result would be chaos to the traveling public."

Fournier said the town is still awaiting word from EPA regional attorneys about whether a federal requirement can be enforced by a municipality.

The noise ordinance was passed by a substantial majority at the May 11 town elections. It was to go into effect 60 days after passage, but based on legal opinions received by the town � and Police Chief Brian Page's reluctance to enforce the ordinance based on those opinions� no summonses have been issued under this new law.
--------------------------------------------------------------------------

Texas Motorcycle Rights Association: http://www.tmra2.org/index.shtml

Sputnik Memorial Ride Video
July 31st, 2010

Here is a video web page for those that went to the memorial service and a look for those that couldn�t make it. It is by the Clubhouse Magazine.

Clubhouse Magazine. Homepage ( http://theclubhousemagazine.com/)

http://theclubhousemagazine.com/CHMSput/SputMemorial/pageflip.html

Elmer
--------------------------------------------------------------------------
FEDERAL

S.3695
Title: A bill to fight criminal gangs.
Sponsor: Sen Menendez, Robert [NJ] (introduced 8/3/2010)
Cosponsors (2) -Sen Gillibrand, Kirsten E. [NY], Sen Lautenberg, Frank R. [NJ]
Latest Major Action: 8/3/2010 Referred to Senate committee.
Status: Read twice and referred to the Committee on Finance.

Bill text: has not been posted yet.
-----

H.R.5969
Title: Fighting Gangs and Empowering Youth Act of 2010
Sponsor: Rep Pallone, Frank, Jr. [NJ-6] (introduced 7/29/2010)
Cosponsors (None)
Latest Major Action: 7/29/2010 Referred to House committee.
Status: Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Financial Services, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Bill text:
http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.5969 :

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS

www.aamva.org/Publications/TWiR/2010/Month08/Day09/TZDWkshpAug2010.htm

Toward Zero Deaths Workshop Will Focus on Safer Vehicles, Drivers, Users

A stakeholder workshop is set for August 25-26 in Washington, DC on Toward Zero Deaths: A National Strategy on Highway Safety, to focus on identifying and creating opportunities for changing our highway safety culture. The workshop will gather input as the plan is developed and also determine how the plan should be implemented once final. The plan, which will have a 25-year horizon, will include innovative countermeasures that go beyond current strategies and will identify bold policies and programs to create significant improvements in road safety.

A number of white papers will be drafted to guide the discussion. The workshop will include breakout sessions on safety culture, safer drivers, safer vehicles, safer vulnerable users, safer infrastructure and emergency medical services.

Learn more about the Toward Zero Deaths Initiative online at
http://safety.transportation.org/activities.aspx

Toward Zero Deaths: a National Strategy on Highway Safety

Toward Zero Deaths: a National Strategy on Highway Safety is an effort to develop a national approach to eliminating highway fatalities as a threat to public and personal health. To be developed with input from a wide range of highway safety stakeholders, the end result of the National Strategy will have two key parts: a national safety plan and an associated outreach program, and a process for implementing the plan.

The holistic, data-driven plan will include key emphasis areas, projection of future needs, promising countermeasures, and expected improvements. Draft white papers have been drafted with the intent to initiate discussions on key emphasis areas including:

1. Future View of Transportation: Implications for Safety
2. Safety Culture
3. Safer Drivers
4. Safer Vehicles
5. Safer Vulnerable Road Users
6. Safer Infrastructure
7. Emergency Medical Services (EMS)
8. Data Systems and Analysis Tools
9. Lessons Learned from Other Countries

Draft white papers can be found at: http://safety.transportation.org/activities.aspx

****************************************************************************
If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

www.newyorkfreedomriders.com
New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"

New York Freedom Riders :: NY Legislation/news- 7/30/10

Author: karen
Subject: NY Legislation/news- 7/30/10
Posted: Fri Jul 30, 2010 9:05 am (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -7/30/10

NEW YORK LEGISLATION UPDATES:
Helmet, Motorcycle, Gang, Rights: no updates

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES

California:

This is the MOST RECENT version of SB435.

27202.1 Section (d) (1) is where the "aftermarket exhaust manufactured on or after January 1, 2011" will reside if the bill passes. I have yet to see ANY "real" effort to de-rail this bill before it hits the Appropriations Committee on Monday, August 4th.

Hint hint

Secondary Offense - meaning...they gotta pull you over for something other than "loud pipes" to give you a ticket. Correctable, "Fix-It" ticket with penalty dismissed for 1st offense with proof of correction.

Should appear in Division 12 - Equipment, of the Vehicle Code. meaning, it should NOT have "Points" attached to it...but I'm not totally clear on that, yet...High Handlebars still have a point attached. (something we need to address, one day)

1st Conviction - No less than $50 fine, no more than $100 fine. 2nd & Subsequent Convictions - No less than $100 fine, no more than $250 fine.

~ splatt

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 27202.1 is added to the Vehicle Code, to read:
27202.1. (a) Notwithstanding any other law, a person shall not park, use, or operate a motorcycle, registered in the State of California, that does not bear the required applicable federal Environmental Protection Agency exhaust system label pursuant to Subparts D (commencing with Section 205.150) and E (commencing with Section 205.164) of Part 205 of Title 40 of the Code of Federal Regulations. A violation of this section shall be considered a mechanical violation and a peace officer shall not stop a motorcycle solely on a suspicion of a violation of this section. A peace officer shall cite a violation of this section as a secondary infraction.
(b) A violation of this section is punishable as follows:
(1) For a first conviction, by a fine of not less than fifty dollars ($50), nor more than one hundred dollars ($100).
(2) For a second or subsequent conviction, by a fine of not less than one hundred dollars ($100), nor more than two hundred fifty dollars ($250).
(c) (1) The notice to appear issued or
complaint filed for a violation of this section shall require that the person to whom the notice to appear is issued, or against whom the complaint is filed, produce proof of correction pursuant to Section 40150.
(2) Upon producing proof of correction to the satisfaction of the court, the court may dismiss the penalty imposed pursuant to subdivision (b) for a first violation of this section.
(d) (1) This section is applicable to a person operating a motorcycle that is manufactured on or after January 1, 2011, or a motorcycle with aftermarket exhaust system equipment that is manufactured on or after January 1, 2011.
(2) Penalties imposed pursuant to this section are in addition to penalties imposed pursuant to any other applicable laws or regulations.
(3) This section does not supersede, negate, or otherwise alter any other applicable laws or regulations.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

--------------------------------------
Delaware

ABATE of Delaware/State Legislative Coordinator- GARY HILDERBRAND: http://abateofde.com/welcome_page.htm

I have received some complaints that the State cops have been pulling bikers over and checking them for helmets and looking for the DOT sticker on the helmet, 1 inch lining in the helmets, and looking for FMVSS 218 compliance.

This is total bullshit and I fired off the letter below.

This is the same crap that is starting to happen in other states across the country.

NTHSA offered a $350,000 grant and I know Delaware went after it so this just might be the residual effects.

Right along with this stuff are the EPA pipe labeling to stop motorcycle noise. It is coming brothers and sisters. Another attempt by Senator Chaffe from Rhode Island wants to bring back the black mail money where you don�t have a mandatory helmet law you don�t get federal highway tax dollars.

We and the members can sit on our asses and do nothing or we can become a bikers rights organization like we are suppose to be. I am also waiting for a response to my last e-mail.

Are we going to keep on letting others use us and then ignore us or are we going to become what ABATE was intended to be? It is right now, right here, or in a few years there isn�t going to be any right now.

-Hildy

July 26, 2010

Colonel Robert M. Coupe
Superintendent
Delaware state Police
1441 N. DuPont Highway
PO Box 430
Dover, Delaware 19903-0430

Dear Colonel Coupe,

I am writing to you as the Legislative Coordinator for ABATE of Delaware, Inc.

It has recently been brought to my attention that Officer's of the Delaware State Police have been stopping motorcyclists in Delaware and inspecting their motorcycle helmets to ensure that the helmets have a DOT sticker or emblem on them, have at least 1 inch of padding inside the interior of the helmet, and that the helmet meets the Federal Motor Vehicle Safety Standard 218 (FMVSS218).

Under Delaware Code Title 21 Sub Chapter XI Section 4185(b) "Every person operating or riding on a motorcycle shall have in that person's possession a safety helmet approved by the Secretary of Safety and Homeland Security (hereinafter "Secretary") through the Office of Highway Safety and shall wear eye protection approved by the Secretary; provided, however, that every person up to 19 years of age operating or riding on a motorcycle shall wear a safety helmet and eye protection approved by the Secretary."

This has been the law of Delaware since the helmet law modification in May of 1978 and to my knowledge the Secretary has never approved any type of helmet or eye protection.

If I am incorrect in this please provide me the approved helmet or list of helmets and eyewear.

Additionally I believe the entire motorcycling public should be made aware of this approval.

Next I would like to inform you that FMVSS218 is an engineering safety standard that manufacturing companies of motorcycle helmets need to comply with in order to be able to sell their products on the open markets.

The National Highway Safety Administration does not test these products to ensure compliance but publishes a safety standard for the manufacturing industry to police their own products for safety.

Thus there is no such animal as a helmet being DOT certified or DOT approved.

Additionally there is nothing under federal or state law that prohibits a consumer from removing or painting over the DOT sticker or emblem should a helmet come with a DOT sticker or emblem.

I would like to know what type of educational courses your State Police Officers are required to take that would qualify them to determine whether a helmet on any motorcycle or motorcyclist's head complies with FMVSS218.

I have a degree in civil engineering and I cannot make such a determination unless I put the crash device through its paces as required by the safety standard.

So I doubt any police officer can make such a determination at a roadway stop.

Please correct me if I'm wrong I'd love to hear your reasoning.

If your police department continues to stop and harass motorcyclists in this arbitrary manner ABATE will begin a statewide education process where every time a motorcyclists is pulled for the reasons mentioned above the police officer(s) will be asked for their badge number and name.

Internal affairs action and court action will be initiated citing violations of the 4th Amendment among other issues depending on the actions of the officers.

We will also be recording as many of these unnecessary pullovers as possible, both audio and video.

Just because we ride motorcycles, wear patches or not, and live a different life style than others does not require us to vacate the same constitutional rights that governs this country of ours.

I am hopeful that this letter resolves the issue but I respectfully wanted you as the Superintendent to understand how serious I feel about what is occurring.

I look forward to responses to my question and an end to your officer's arbitrary practices.

Respectfully,

Gary K. Hilderbrand
Cc: Senator Bruce Ennis
----------------------------------------
Maine:
http://www.onlinesentinel.com/news/b...010-07-26.html

Bikers vow to challenge tickets
Police end grace period over weekend
Posted: July 27
Updated: Today at 10:09 AM
By Leslie Bridgers
Staff writer

WATERVILLE -- Police put local motorcyclists on alert this weekend, after handing out 13 tickets for loud exhaust pipes.

Bikers say they're outraged by the crackdown and plan on fighting their tickets, as well as the law that targets exhaust noise.

Changes to that law went into effect July 12, making it illegal to drive a car or motorcycle with an exhaust system that's modified to be louder.

Waterville Police Chief Joseph Massey said last month that for two weeks after the law went into effect, his department would issue warnings for violations. That grace period ended Friday.

During the weekend, Massey said Monday, police issued summonses to 11 motorcyclists and two car drivers. The fine is $137.

Gordon Austin, who was one of the people to get ticketed, said the group of Harley-Davidson owners he hangs out with are collecting signatures for a petition to change the law.

"Everyone's just ripping, roaring mad," he said.

Austin lives in Canaan. Most days, he rides his motorcycle down to Waterville and hangs out by the Dunkin Donuts on College Avenue, where his friends get together in the late afternoon.

He used go for rides around town before meeting up with his friends, but now, once he crosses the Waterville border, he's staying put.

"I'm afraid to move," he said.

David Lefebvre, who owns The Starting Line Speed and Custom on College Avenue, said the changes to the law effectively make it illegal to upgrade a motorcycle's exhaust system, because replacement mufflers are all louder than the ones that come on the bikes.

Lefebvre said there's nothing in the law that says how loud is too loud, which puts inspectors like him in a precarious position, because they're only supposed to give out inspection stickers if bikes are in compliance with noise regulations.

"It's our word against the officer's word," Lefebvre said. "I think they need to give us some language that's more definitive."

Massey said he's heard the criticism that determining what's too loud shouldn't be at an officer's discretion. There are many laws in which police have to make a call about whether to hand out a ticket based on their common sense, he said.

But if a bike with an inspection sticker from Lefebvre's shop gets ticketed for excessive noise, his license is on the line, Lefebvre said. And there's no hard evidence that can show whether the officer or the inspector made the right determination.

"My mechanics are scared to put stickers on," he said.

Austin said he and his friends know people who ride motorcycles all around the state, and there's no other police department that's enforcing the new law to the extent that Waterville is.

York County sheriff's deputies set up a checkpoint on Route 1 in Arundel on Sunday, stopping 116 motorcycles to make sure the bikes were inspected and that the riders were aware of the changes to the law. They issued 21 tickets for motorcycles that hadn't been inspected or weren't legally registered.

Although Austin has changed his habits to ride in Waterville as little as possible, he said he's not about to downgrade his exhaust system because of the new law. He said it cost him $2,000 to replace his pipes, and it would cost just as much to change back.

"I'll pay my ticket if I have to," he said.

Lefebvre said the original exhausts for some older bikes aren't made anymore, so their owners couldn't change back if they wanted to.

Massey said he thinks some motorcyclists already have altered their riding and driving habits in light of the new law, because he's noticed less noise coming from exhaust pipes since it went into effect.

"It seems a lot of people are voluntarily complying with the law, and that's what we want," he said.

Massey also said he's gotten positive feedback from people who had been disturbed by excessive exhaust noise while they were sleeping, gardening or sitting on their porches.

"It's a quality of life issue," he said.

Leslie Bridgers -- 861-9252
lbridgers@centralmaine.com
---------------------------------------
New Mexico:

Taken from: AAMVA's Around the Regions - July 26, 2010
Police Use Flashlights to Catch DWI Offenders (New Mexico)

The Rio Rancho Police Department has a new tool to use in their fight to stop DWI offenders. They're using special flashlights. The Sandoval County DWI program just donated eight flashlight cameras to the Rio Rancho Police Department. Each flash camera is worth about $13,000, but the results maybe priceless. The officer can walk right up to the car side and immediately begin recording all the actions of the driver. The flashlight cameras allow officers to record traffic stops from a better vantage point than the dash cams in their patrol cars -- that's especially effective during DWI stops. The officer can record the individual possibly fumbling for their driver's license, sound recordings of their slurred speech, if this person is using the car to steady themselves. Video will help secure more convictions when the cases go to court. The driver may not even know and they may think it's a regular flashlight, but it's a tool that law enforcement can use on the side of the road for DWI enforcement. Each camera can record for four to five hours and can be used day or night. Read the full story at KOAT.com
-------------------------------------------------
Oklahoma:

Taken from:
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 www.ON-A-BIKE.com.

NCOM BIKER NEWSBYTES
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists (NCOM)

RALLY RESCINDS DISCRIMINATORY NO-COLORS POLICY

Following a "Call to Action" issued by the U.S. Defenders, a politically active arm of the Confederation of Clubs, a major motorcycle rally in the red hills of Oklahoma has rescinded a "No Colors" policy that would have prohibited entry to anyone wearing a patch, including HOG, ABATE and any club.

The Hawg Lakes Motorcycle Rally published a no colors policy on their fliers, ads and website that quickly stirred an uproar across the country, due largely to an e-mail "Call to Action" conducted by the U.S. Defenders and the Oklahoma Confederation of Clubs.

Brook "Xman" Bullock, State Secretary of ABATE of Oklahoma and Oklahoma Defender Rep, sent out a nationwide call to action to "Please take your money and support to BIKER FRIENDLY rallies and events, not 2010 Hawg Lakes. Pass the Word." According to the e-mail; " (ABATE of Oklahoma State Coordinator) personally talked on the phone with Hawg Lakes and "the guy in charge said he was absolutely unwilling to change his policy. ABATE, HOG, BACA, and not any Club, no colors of any kind will be allowed."

Mark "Bus" Buskirk, Oklahoma Commander, U.S. Defenders wrote "Hawg Lakes Rally on July 29th will not allow you to wear your club colors on their property. So we the motorcycling community need to not go. They are stomping on our rights of freedom of speech."

Within days, the Call to Action was called off when Tiger Mike Revere, ABATE of Oklahoma Liaison to the OK Confederation of Clubs and member of the National Coalition of Motorcyclists board of directors, reported that; "The Hawg Lakes event has RESCINDED its No-Colors Ban -- Score one for our side!!"
---------------------------------------------------
Rhode Island:

RI Motorcycle Association: http://www.rimotorcycle.com/index.php
Motorcycle Traffic Stops:

If you were stopped by law enforcement riding your motorcycle, we want to know. Motorcycle only traffic stops are becoming more and more popular around the country. They may see this as legal but we view it as harrasment. Regardless if you received a citation or not, we want to know. Fill out our on-line form here.

http://www.rimotorcycle.com/trafficstopsubmit.php

Help keep your police straight.

Don't hassle them in their line of duty, it can do you more harm than good. If you honestly believe you were unlawfully stopped, detained, searched, or arrested because of this, please note that in the remarks and we will forward this information to the Law Offices of Richard M. Lester or you can contact them directly at 1-800-235-2424 24 hours a day.

The information here is retained by the Rhode Island Motorcycle Association and your personal information will be kept confidentail.

Please complete as much as you can or feel comfortable doing.

We are only interested in Motorcycle stops, if you feel your stop is relevant, please note if it was not a motorcycle stop.

Please print this page for your records.
Information regarding this stop may be shared with others, but we will keep your name, and personal information confidential unless you specify otherwise.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS

NHTSA Posts Motorcycle Law Enforcement Demonstrations Grant
The National Highway Traffic Safety Administration (NHTSA) intends to enter into a Cooperative Agreement to study the applicability of advanced law enforcement acitivities, conducted by the New York State Police, to reduce motorcycle crashes and related injuries and fatalities in other jurisdictions throughout the United States. NHTSA is inviting state agencies to participate in supporting this Program, entitled �Motorcycle Law Enforcement Demonstrations�. View the grant announcement on www.Grants.gov for more details. The closing date for applications is Aug. 13, 2010.

NOTE: grant announcement:
Motorcycle Law Enforcement Demonstrations
Document Type: Grants Notice
Funding Opportunity Number: DTNH22-10-R-00386
Opportunity Category: Discretionary
Posted Date: Jul 13, 2010
Creation Date: Jul 13, 2010
Original Closing Date for Applications: Aug 13, 2010
Current Closing Date for Applications: Aug 13, 2010
Archive Date: Sep 12, 2010
Funding Instrument Type: Cooperative Agreement
Category of Funding Activity: Transportation
Category Explanation:
Expected Number of Awards: 5
Estimated Total Program Funding: $350,000
Award Ceiling: $350,000
Award Floor: $70,000
CFDA Number(s): 20.614 -- National Highway Transportation Safety Administration (NHTSA) Discretionary Safety Grants
Cost Sharing or Matching Requirement: No
Eligible Applicants
Others (see text field entitled "Additional Information on Eligibility" for clarification)

Additional Information on Eligibility:
Applications may be submitted by Law Enforcement Agencies only. However, this eligibility requirement does not prohibit law enforcement agencies from creating partnerships with other State agencies, such as State Highway Safety Offices, to accomplish the goals and objectives of this Cooperative Agreement.

Agency Name: DOT/National Highway Traffic Safety Administration

Description
The National Highway Traffic Safety Administration (NHTSA) intends to enter into a Cooperative Agreement for the purpose of jointly participating in an effort to study that is aimed at demonstrating the applicability of advanced law enforcement acitivities, conducted by the New York State Police, to reduce motorcycle crashes and related injuries and fatalities in other jurisdictions throughout the United States. At this time we would like to invite your State agency to participate in supporting this Program, entitled �Motorcycle Law Enforcement Demonstrations�. This letter is a formal invitation to your agency to submit an application for federal assistance that will be provided in the form of a Cooperative Agreement between your agency and NHTSA.

Link to Full Announcement
If you have difficulty accessing the full announcement electronically, please contact: Thomas J Bub
Contracting Officer
Phone (202) 366-9571 thomas.bub@dot.gov

Synopsis Modification History
There are currently no modifications for this opportunity
---------------------------
United States Department of Transportation (USDOT)
National Highway Traffic Safety Administration (NHTSA) Cooperative Agreement for Motorcycle Law Enforcement Demonstrations

PDF 20 pages: http://www07.grants.gov/search/announce.do;jsessionid=8hnkMS0GCQlYsLpLhjx2WSC4K1fn03TgKfT6g3cJ1vmVkK5Td55J!513373427
----------------------------
NOTE:

Page 6:
Task 2: Data Analysis and Motorcycle Safety Checkpoints "Additionally, the Grantee shall identify any motorcycle rider events or rallies that generate increased motorcycle traffic to or through the jurisdiction. The Grantee shall utilize its jurisdictional data to develop its strategy for conducting a minimum of six (6) motorcycle safety checkpoints during a two-year period of time (i.e., within four (4) and thirty (30) months of the award date).

Within thirty (30) months of the Cooperative Agreement award date, the Grantee shall conduct a minimum of three (3) motorcycle safety checkpoints each year for two (2) years within its jurisdiction under this Cooperative Agreement.
-------------------------
RECAP:

New York State Police Presentation- 2010
"Taking the Mystery Out of Motorcycle Enforcement: Your Bike and What Cops Look for" http://www.newyorkfreedomriders.com/doc/NYS%20MC_Training_2010(3).pdf

New York State Police 2009 Checkpoint Presentation http://www.newyorkfreedomriders.com/doc/NYS%20mc%20roadblocks%2009.pdf

New York State Police 2008 Checkpoint Presentation http://www.newyorkfreedomriders.com/doc/NYS%20motorcycle%20enforcement%20presentation%202008.pdf

NHTSA/IADLEST for the Enforcement of Motorcycle Laws Outline Training for Enforcement Officials http://www.newyorkfreedomriders.com/FOIL%20PDFs/NYFR-NHTSA-IADLEST%20mc%20only%20enforcement.pdf
------------------------
MRF URGENT CALL TO ACTION - Mandatory Motorcycle Roadside Stops http://www.mrf.org/2010/news_release/10NR22.htm

****************************************************************************
If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

www.newyorkfreedomriders.com
New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"

New York Freedom Riders :: NY Legislation/news- 7/16/10

Author: karen
Subject: NY Legislation/news- 7/16/10
Posted: Fri Jul 16, 2010 4:59 pm (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -7/16/10

NEW YORK LEGISLATION UPDATES:
Helmet, Motorcycle, Gang, Rights: no updates
----------------------------
New York News

New York Motorcycle & Scooter Task Force- http://www.nymstf.org/News.asp

July 16 2010
Yet more improper tickets, now equipment related.

Noticing a trend here? We have been informed of many tickets being issued in NYC for Violation Code 71, "Inspection Sticker Missing", when the sticker is present and current but not located on the lower section of the motorcycle's fork leg. If you received such a summons in NY, your rights have been violated.

NYS Vehicle & Traffic Law � 306 (b) states: "No motor vehicle shall be operated or parked on the public highways of this state unless a certificate or certificates of inspection, as required by this article, is or are displayed upon the vehicle or affixed to the registration certificate for the vehicle as may be determined by the commissioner." The Commissioner in NYCRR � 79.20 (c) (6) (i) (g) which governs the application of inspection certificates to motorcycles instructs: "affix the motorcycle inspection certificate to a permanent structural member on the left front side of the motorcycle visible when approaching the vehicle from the operator's left." The regulation used to require placement on the left lower fork leg but that was amended back in 2003.

Document and fight those summonses, complain by certified mail to the NYC Department of Finance and the NYPD Traffic Control Division, and submit your complaint to the NYC Civilian Complaint Review Board as well. The CCRB conveniently accepts complaints by mail, phone and web.

We're not done yet. We were recently shown this document called "Taking the Mystery Out of Motorcycle Enforcement" (PDF, 2MB)
http://www.nymstf.org/NYS_MC_Training_2010.pdf
which was published by the New York State Police. In that document NYCRR Section 54.11 (Eye Protection) is mis-quoted, and the document insists that compliant eyewear "will have �Z87� on the frames and lenses." This is in direct conflict with ANSI Z87-1989 which only requires a manufacturer's logo on the lenses, and still in direct conflict with ANSI Z87-2003 which requires the Z87 marking on lenses of goggles and face shields but not on the lenses of spectacles. Since neither version of the Z87 spec requires markings indicating the version (year) of compliance, law enforcement cannot rely on lens markings of eyewear of any kind, for determining ANSI Z87 compliance.

The abovementioned document also includes a letter from the NYS DMV's Technical Services Bureau stating that the inspection stickers may be affixed to plates bolted to the front left side of a motorcycle.
--------------------------------
www.saratogian.com/articles/2010/07/13/news/doc4c3cb2f147ed7190792851.txt

Police: Majority of tickets in Saratoga Springs motorcycle crackdown issued for unsafe helmets
Published: Tuesday, July 13, 2010

By EMILY DONOHUE
The Saratogian

SARATOGA SPRINGS � Safety was on the minds of city and state police officers as they conducted a motorcycle checkpoint in front of Congress Park on Broadway last week.

The five-hour checkpoint on Friday resulted in 27 traffic tickets being issued, most for illegal helmets, state police said Tuesday.

State Police Sgt. Dan Larkin said that for years, as deaths from car crashes steadily decreased, fatal motorcycle crashes were on the increase.

Larkin said that disturbing trend can be attributed to unsafe helmets and driver inexperience.

Head injuries are the leading cause of death in motorcycle crashes and motorcyclists are 37 times more likely to die in a crash than people in cars.

Motorcyclists must wear helmets rated by the state as �highway safe,� though Larkin said recent years have seen a proliferation of so-called �novelty helmets� that are little more than a piece of plastic and offer no real protection.

�Given that (motorcyclists�) fatal stats are off the chart, we felt we were certainly justified in doing this. We need to focus on their safety and we�re doing this for their safety,� Larkin said.

Tickets were also issued for unsafe lighting and tires as well as illegal exhaust systems. Any exhaust system that is louder than the original equipment is illegal.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES

Colorado
www.reporterherald.com/news_story.asp?ID=28774
Publish Date: 7/15/2010

Officials tackle bike noise
Larimer Sheriff�s Office, county commissioners wrestle with ways to handle residents� complaints

By Jackie Hutchins
Loveland Reporter-Herald
The Larimer County Sheriff�s Office gets many complaints about noisy motorcycles, particularly in the spring and summer.

�I�m sure all of the commissioners have received complaints over the years about loud motorcycles,� Sheriff Jim Alderden said at a work session Wednesday when department officials met with the county commissioners to discuss how they�re handling them.

Commissioner Lew Gaiter had received a suggestion from a resident that the county adopt a process used in Denver that requires motorcycles to have a sticker indicating that they have exhaust systems approved by the Environmental Protection Agency.

But the commissioners and sheriff�s staff members weren�t convinced the system would be more effective than the current noise ordinance, and they noted it could hurt motorcycle customizing businesses.

Alderden and Cpl. Nelson Sanderson both said many of the motorcycles that people complain about don�t exceed allowable noise levels.

Alderden noted that the ordinance says sound cannot exceed set limits for more than 15 minutes out of an hour, but often motorcycles make a loud but brief blast of noise that would not be illegal.

The department wrote only a handful of tickets to riders of loud motorcycles last year, Sanderson said.

Additionally, the testing to determine just how loud they are can be difficult and can take time away from higher law enforcement priorities, he said.

The officers want to focus on traffic offenses that are life-threatening, Sanderson added.

He noted that there�s a belief among many bikers that �loud bikes save lives,� so many riders get custom mufflers that are designed to make their bikes louder.

Sanderson said EPA-approved mufflers have a stamp on them that officers can check, but a sticker system like Denver uses could make it easier for officers to tell if a muffler is acceptable because they wouldn�t have to turn the bike on its side to see the stamp.

However, commissioners had questions about creating a system to check mufflers and give stickers.

The sticker system also would not help with people from other counties riding through Larimer County.

Steve Johnson, chairman of the Board of County Commissioners, said he would like to hear from the motorcycle community before making any changes to the current rules. �I need more information.�

But given the county�s limited resources, the Sheriff�s Office needs to set priorities on how best to use its staff, Johnson added.

�There are problems that are more pressing. I want you guys keeping the roads safe,� he said.

Commissioner Lew Gaiter said he didn�t want to make any changes that would hurt custom motorcycle businesses.

�I don�t have a problem with enforcing the statutes. I do have a problem putting an industry out of business,� he said.

� Copyright 2010 Loveland Publishing Co. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
------------------------------
Kansas

www.kake.com/news/headlines/98207934.html?ref=934
Petition Calls For End To Cassoday Motorcycle Rally
.
Reporter: Jared Cerullo
Email Address: jared.cerullo@kake.com
July 11, 2010

The largest motorcycle rally in Kansas may have a short future as a petition is circulating the town of Cassoday to end that monthly event. What started as a small group of bikers meeting for breakfast once a month has grown from cycle to cycle and some people in the town say the rally has grown too big.

It may be known as the prairie chicken capital of the world, but on the first Sunday of every month during the spring and summer, this little town of no more than a hundred people explodes with thousands of motorcycles.

VROOM! It's the sound of money to a lot of people in Cassoday, but for others it's a huge nuisance and an invasion of privacy. The issue has divided the small town just off the Kansas Turnpike in Butler County.

"I don't think anybody in town is mad at motorcycles," explained Brett Nelson. "It wouldn't matter if there was horseback (riders) or model A's. It really wouldn't matter. This is an issue of privacy. I know the people come to this town because they want to get away from it all. Well that's the same reason we live here."

Others have built businesses around the rally and say the monthly event draws huge revenue not only for their community, but in state sales tax. School groups often hold fundraisers in Cassoday to coincide with the rally.

"With all these motorcycles showing up month after month, I decided it was time to get busy," said Dave Solliday, who owns a bed and breakfast in Cassoday. "They were coming right here to my doorstep, so I capitalized on it."

Others say the quiet streets and small town of Cassoday can't handle the sheer volume of people that show up. Several rallies have drawn more than 5,000 people.

"If they just came to eat... that was the whole idea for starting motorcycle Sunday," said Ron Wells, who signed the petition. "It was a bunch of bikers to come up and eat breakfast, but it's turned into more of a zoo, more than anything else."

Some residents say the bikes park on their property, blocking in their vehicles. The petition claims others have had problems with people urinating on their land.

"I've only had a couple people say stuff," said Cassoday city council member Loree Solliday. "We're trying to deal with that by making signs that say don't trespass on this property. All you can do is try to keep that from happening."

Wednesday's city council meeting is scheduled for 7:30 at the city hall building in Cassoday, but the meeting may have to be moved to the grade school to handle the expected crowd.
----------------------------------
Massachusetts

www.massmotorcycle.org/content.aspx?page_id=5&club_id=769540&item_id=13823
Wednesday, July 14, 2010
FOR IMMEDIATE RELEASE

MMA Information Update - AGO Rejects Falmouth Town Warrant regarding Motorcycle Sound Enforcement

The Massachusetts Motorcycle Association is pleased to announce to its membership that the Massachusetts Attorney General�s Office has denied the recent Town of Falmouth Noise Ordinance concerning increasing penalties pertaining to sound emissions from Motorcycles.

In early April, Falmouth heard numerous warrants in their annual town meeting across 3 nights, and hastily enacted a �Loud Vehicles ByLaw� as written in Article 25 of the Town Meeting Warrant. The very limited number of motorcyclists in attendance were unable to fend off the adoption of this Bylaw which lifts verbiage directly from Massachusetts General Law Chapter 90, Section 16 (90-16) and increased the fines while in the process.

Realizing that the ordinance could not become law without approval by the Massachusetts Attorney General�s Office (AGO), the MMA next took its case directly to that office re-stating its opposition to this legislation due to the subjective nature used to decide if your motorcycle is legal and the various other elements of conflict with the MGL.

After significant review by the AGO denied the bylaw amendment for all the reasons previously argued by the MMA and its members who were in attendance at the town meeting.

The MMA expresses its appreciation to the riders of Falmouth who were vigilant in their opposition, and to the Attorney General�s Office for their extreme diligence and careful review of the facts.

The MMA also extends its request to its members and all Motorcyclists to ride with respect in local communities by ensuring they are riding with mufflers pursuant to the MGL and are keeping the throttle down.

For More Information, see http://www.massmotorcycle.org or contact LegislativeDirector@MassMotorcycle.org

###
------------------------------------
New Hampshire

www.seacoastonline.com/apps/pbcs.dll/article?AID=/20100716/NEWS/7160397/-1/NEWSMAP

Deadline passes, noise ordinance not being enforced
Town awaiting answer from EPA regional attorneys
By Shir Haberman
news@seacoastonline.com
July 16, 2010 2:00 AM

NORTH HAMPTON � When voters passed the town's new motorcycle noise ordinance, officials were given 60 days in which to iron out any problems with enforcing it. As of today, 66 days have passed since the May 11 town elections and the Select Board has made no decision concerning whether the law can be enforced.

"For the time being, the chief's position stands," Town Administrator Steve Fournier said.

Fournier was referring to Police Chief Brian Page's adamant stand against enforcement of the ordinance.

"It's not that I don't want to enforce it," Page said. "It's that I can't. It's illegal."

Fournier said the town is currently waiting for an answer from the EPA's regional attorneys concerning the ability of the town to enforce the ordinance, which calls for any motorcycle parked or ridden in North Hampton to have a valid EPA label on its muffler indicating the equipment produces only 80 decibels. The state allows motorcycle exhaust systems to put out up to 108 decibels.

An idea to ask a Rockingham County Superior Court judge to rule on whether the ordinance can be legally enforced has been dropped, Fournier said.

"We can't go to court until we're sued (over a summons issued under the new noise ordinance)," he said.

Meanwhile, Page is planning to continue to do what he has been doing to decrease the problem with noisy motorcycles. He said he will be joining with area and state police departments in conducting official motorcycle checks in Seacoast towns.

"I'm just finalizing the date of the first one," the chief said this week.

The chief's position has been supported by three legal opinions secured by the town.

Opinions obtained from the town's legal counsel, Upton & Hatfield of Concord, Rockingham County Attorney James Reams and the Local Government Center of Concord, the organization that indemnifies the town against lawsuits, were presented to the Select Board in June.

"I feel that this petitioned ordinance is not legally enforceable because it exceeds the authority granted to municipalities under the controlling federal law," wrote Matthew Serge of Upton & Hatfield in a May 13 letter to Fournier.

Reams concluded the state has jurisdiction over motorcycle noise, not individual communities.

"The state has a comprehensive system for regulating motor vehicles, and I don't think that (state law) RSA 31:39, Section (n), is intended to leave that area of regulation to the town," the county attorney wrote in a May 13 letter to Page.

Kimberly Hallquist, a staff attorney with the LGC, in a letter written to Fournier dated May 28, indicated the ordinance as written actually has little to do with the noise a motorcycle makes.

"The ordinance in question is likely invalid in that it does not have a clear relation to promoting the public interest of lower noise levels or meet in an appreciable manner any relation to controlling noise," Hallquist wrote. "In the ordinance as adopted, the actual noise level of the vehicle is immaterial to whether or not a violation exists."
---------------------------------------------------
South Carolina

ABATE of South Carolina: http://abatesc.org/web/

Tom McGrath's Motorcycle Law Group: Myrtle Beach Part 2 Wednesday at 12:53pm

On Tuesday June 15 The Law Offices of Tom McGrath filed suit in Horry County South Carolina asking the Court to find an ordinance enacted by the City of Myrtle Beach South Carolina unconstitutional and therefore invalid. This ordinance was enacted for the sole purpose of driving motorcyclists out of Myrtle Beach. The plaintiff's in the law suit are numerous residents of the City of Myrtle Beach as well as ABATE of South Carolina, Inc. and ABATE of South Carolina, Inc., Horry County Chapter.

You may be asking yourself why are filing suit when we, with the help and sacrifice of many dedicated riders, already succeeded in overturning the helmet ordinance along with other anti-motorcycling ordinances. The ordinance which is the focus of this suit has nothing to do with helmets. Myrtle Beach also enacted its very own exhaust ordinance.

Under South Carolina State law, you must have an exhaust system in good working order so as to prevent excessive noise or smoke. Apparently the Myrtle Beach City Council felt that it was better equipped to determine the type of equipment one should operate on the roadways and therefore passed their own ordinance. Under their ordinance any motor vehicle operated within the City of Myrtle Beach may not have a measured noise level exceeding 89 decibels when measured twenty inches from the exhaust pipe at a 45 degree angle while the engine is operating at idle. Additionally, every motorcycle (not every motor vehicle) which was manufactured after 1982 operated within the city limits must have an exhaust system bearing an EPA label showing compliance applicable to the motorcycle's model year, as set out in Code of Federal Regulations Title 40, Volume 24, Part 205, Subpart D and Subpart E. Neither of the above requirements appear anywhere in South Carolina State Code.

This brings us to the reason we filed suit. This ordinance, like the prior ones, is aimed at driving motorcyclists out of the City. It is also illegal. A quick review of the South Carolina Supreme Court�s language in our previous case clearly demonstrates that the exhaust ordinance is unlawful.

�Were local authorities allowed to enforce individual helmet ordinances, riders would need to familiarize themselves with the various ordinances in advance of a trip, so as to ensure compliance. Riders opting not to wear helmets or eyewear in other areas of the state would be obliged to carry the equipment with them if they intended to pass through a city with a helmet ordinance. Moreover, local authorities might enact ordinances imposing additional and even conflicting equipment requirements. Such burdens would unduly limit a citizen's freedom of movement throughout the State. Consequently, the Helmet Ordinance must fail under the doctrine of implied preemption.� Aakjer et al v. City of Myrtle Beach, ___ S.C. ___ (2010)

The danger that was described by the Supreme Court in Aakjer is present in the Myrtle Beach exhaust ordinance. If the court found that having to carry a helmet with you as you travel throughout South Carolina unduly limits a citizen�s freedom of movement throughout the State then surely having to carry an extra exhaust system which complies with the laws of Myrtle Beach must clearly unduly limit a citizens freedom of movement throughout the State. If Myrtle Beach were allowed to set its own equipment standards then in essence the locality with the strictest equipment laws becomes the law throughout the State of South Carolina. Why have a state legislature if localities are free to regulate all citizens in that manner? What would stop a locality from deciding the type of tires you may use in their city? What would stop a county from deciding the type of lights you may have on your vehicle?

At the end of the day this is another attempt by Myrtle Beach to use the legislative process to reduce or eliminate motorcyclists with their city. We as motorcyclists must not allow that to happen because if they can do it in Myrtle Beach then they can do it anywhere throughout the United States. That is why we have filed suit again and that is why we will not abandon this fight for the rights of all riders.

For additional news and information of concern to motorcyclists feel free to visit our website at motorcyclelawgroup.com.

If you have any further questions or comments concerning this article or any other matters concerning your rights as a motorcyclist please contact me at 1-800-321-8968 or at matt@motorcyclelawgroup.com

Matt Danielson
Tom McGrath�s Motorcycle Law Group
1-800-321-8968
www.motorcyclelawgroup.com
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS

Motorcycle Crash Causes and Outcomes: Pilot Study
DOT HS 811 280
June 2010

PDF 233 pages: http://www.nhtsa.gov/staticfiles/nti/pdf/811280.pdf

16. Abstract The number of motorcyclist crash-related fatalities has more than doubled during the past 10 years. In the Safe, Account�able, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) P.L. 109-59, Congress directed the Secretary of Transportation to conduct a comprehensive study of the causes of motorcycle crashes. In anticipation of this mandate, the National Highway Traffic Safety Administration awarded a contract to conduct a Pilot Study to devel�op and test a methodology for in-depth motorcycle crash investigation. Using a protocol developed by the Organization for Economic Cooperation and Development for a multination European study as a guide, the contract had four main goals: (1) develop comprehensive data collection forms, a coding manual, and field protocol for crash investigations; (2) develop data collection forms, a coding manual, and field protocol for the collection of control group data; (3) develop training material that can be used for a future larger scale study; and (4) assess the levels of effort and resources required for each stage of an investigation so that more accurate plans can be made for the future study. This report describes the process used to develop the data collection methods and tools, conduct data collection, and evaluate the results. In addi�tion, it provides estimates of the average cost of completing an in-depth investigation, including the related dropped cas�es and control group data. Recommendations for modifications to the data forms, coding manuals, training material, and database are included.

****************************************************************************
If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

www.newyorkfreedomriders.com
New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"

New York Freedom Riders :: NY Legislation/news- 7/9/10

Author: karen
Subject: NY Legislation/news- 7/9/10
Posted: Fri Jul 09, 2010 4:15 pm (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -7/9/10
NEW YORK LEGISLATION UPDATES:
Helmet, Motorcycle, Gang, Rights: no updates
----------------------------
New York News

IMMEDIATE RELEASE
New York Freedom Riders
www.newyorkfreedomriders.com
July 7, 2010

New York State Law Enforcement Being Deceitful on Motorcycle Eyewear

The New York State Police, in partnership with the Governor�s Traffic Safety Committee and New York�s Traffic Safety Partners, are improperly training local law enforcement on motorcycle laws. In their presentation titled �Taking the Mystery Out of Motorcycle Enforcement� they covered eyewear, legal application of an inspection sticker, handle bar height, helmets, exhaust pipes, tires, lights and plates. [1]

In the section of the presentation that covered proper eye protection, it states; �For enforcement purposes, eyewear that meets this newly adopted ANSI standard will have �Z87� on the frames and lenses.� State law reads as follows: �Eye protection [(a)] A motorcyclist may use any eye protection device that has been manufactured in conformity with the American National Standard Institute�s Z87.1 standard �Occupational and Educational Personnel Eye and Face Protection Devices.� A motorcyclist may not operate a motorcycle unless he or she is wearing such eye protection.� [2]

New York State local law enforcement is being trained that the only legal eye protection allowed must have �Z87� on the frames and the lenses. This is a deliberate falsehood. State law provides that any eye protection that has been manufactured in conformity with the American National Standard Institute�s Z 87.1 is legal in New York State. Past standard regulations required eye protection to have �Z87� on the frames only, meaning earlier models of legal eye protection continue to be legal.[3] Any law enforcement personnel that states you must have �Z87� on the frames and on the lenses is wrong and is deliberately misinforming you and the public.

We remind all motorcyclists that if any law enforcement personal asks to inspect your eye protection, as with the helmet, you request a search warrant.

New York Freedom Riders insist that New York State Law Enforcement cease illegally pulling over motorcyclists just to enforce eye protection regulations that they know are not in accordance with state law. Such actions are, in-and-of themselves, illegal and should be prosecuted to the full extent of the law.

For further information visit our website at: www.newyorkfreedomriders.com or email us at: nyfreedomriders@localnet.com .

1. http://www.newyorkfreedomriders.com/doc/NYS%20MC_Training_2010(3).pdf
2. http://weblinks.westlaw.com/result/default.aspx?cnt=Document&db=NY-CRR-F-TOC%3BTOCDUMMY&docname=342049540&findtype=W&fn=_top&ifm=NotSet&pbc=4BF3FCBE&rlt=CLID_FQRLT37930291767&rp=%2FSearch%2Fdefault.wl&rs=WEBL10.06&service=Find&spa=nycrr-1000&vr=2.0
3. http://www.tasco-safety.com/sglasses/ansi.html
----------------------------

http://www.nymstf.org/News.asp
New York Motorcycle & Scooter Task Force

More improper tickets written against legally parked motorcycles. June 29 2010

If you received parking summonses in NYC with VC (Violation Code) 61 ("parking other than parallel to curb or opposite the direction of travel") for parking with your front wheel to the curb, or with VC 53 ("standing or parking in a safety zone") for parking between a stop line and the crosswalk, your rights have been violated.

NYC Code Title 34 Section 4-08 (m) (3) expressly permits motorcycles to park at an angle to the curb with one wheel touching the curb. The law does not dictate which wheel must touch the curb, nor does it mandate angles with respect to the curb or the roadway's direction of travel.

The area between a stop line and a crosswalk is not a safety zone according to the NYS Supplement to the national Manual of Uniform Traffic Control Devices, which is incorporated into State law via Title 17 of the NY Codes Rules & Regulations. Safety zones are "channelizing islands, established for pedestrian protection, where traffic may pass on either side."

Document and fight those summonses, complain by certified mail to the NYC Department of Finance and the NYPD Traffic Control Division, and submit your complaint to the NYC Civilian Complaint Review Board as well. The CCRB conveniently accepts complaints by mail, phone and web. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES

California
ABATE of CA: http://www.abate.org/
July 7, 2010

It has recently come to the attention of ABATE leadership that Senator Pavley played a little fast and loose with her list of supporters endorsing SB-435. While the two most prominent supporters endorsing SB-4354 are the American Lung Association and Noiseoff, and rightfully deserve our attention and condemnation, it appears that BUB Enterprises may have gotten a raw deal. Other members of the California MRO community have informed me that BUB Enterprises steadfastly maintains they did not support SB-435 in stark contrast to Senator Pavley�s portrayal of them as a supporting organization. A meeting has tentatively been scheduled for July 9th, 2010, with representatives of the California MRO community and Roger Farmer of BUB Enterprises for further clarification on their status with regard to SB-435. I would ask that all ABATE members kindly refrain from sending any further derogatory comments to BUB Enterprises at this time until all the facts are in. It is only fair that we give Mr. Farmer an opportunity to explain his side of this affair with regard to Senator Pavley�s actions. Thank you for your patience and understanding in this issue and I will have further commentary on this issue as soon as those representatives have spoken with Mr. Farmer.

Sincerely,
Anthony Jaime
Executive Director
ABATE of California
------------------------------------
New Hampshire www.seacoastonline.com/articles/20100709-NEWS-7090350
Bikers not thrilled about plan to eliminate motorcycle parking at beach Motorcyclists angered by loss of beach spaces

By Patrick Cronin
pcronin@seacoastonline.com
July 09, 2010 2:00 AM

HAMPTON � Some motorcycle enthusiasts are not revving up in support of a plan to eliminate the motorcycle-only parking area next summer at Hampton Beach. A few even tried to stage a protest on July 4 calling "all bikers to protest the decision by arriving before 6 a.m. and take up all car parking spots at the beach."

Seacoast Park Supervisor Brian Warburton said the protest � which was sparked by an unknown source who distributed several fliers at the beach � was a complete bust.

"It never happened," Warburton said. "There were no issues."

However, he is aware some at the beach are not happy that motorcycle parking will be eliminated as part of the overall plan to build two new bathhouses at the beach and a new Seashell Stage complex.

While there will no longer be a designated area for motorcycles to park, Warburton said motorcycles will be able to park in any parking space, with up to three bikes allowed in each for a single fare.

"Motorcycles are allowed to park at any of the spots," Warburton said. "I think they are looking for one congregated area, but that is not going to happen."

Motorcyclists at the beach on Wednesday said they are not pleased with the decision.

While under the current set-up they have spots solely for them, next year they will have to compete with the general public in finding a space � which on a hot day can be scarce.

"We've had it (motorcycle parking) for 40 years," said Jack Swain, of Hampton.

"If you can't park, people probably will stop coming," said Al Letizio, of Windham.

Bob Nadreau, of Brentwood, said it doesn't make sense for the state from a fiscal point of view.

"A car pulls in, he pays $1.75 an hour," Nadreau said. "Now four motorcycles can park in that space and only pay a $1.75 per hour. It really doesn't make sense financially."

Nadreau said bikers would rather each pay $1.75 per hour than have to deal with trying to park where all the cars are parked.

"You'll get cars pulling in and around you plus they could tip over a bike," Nadreau said.

"Then you'll get people aggravated when they go into a parking spot and there are bikes there," he said.

Hampton Selectman Richard Bateman, who is also a motorcycle enthusiast, said he spoke out against the changes during the design phase of the project to no avail.

"For whatever reason they have decided to make changes that will have a negative impact on the beach," Bateman said. "The space that is utilized now is very well utilized. Why move it?"

Bateman said the average income of a Harley-Davidson owner is $70,000 a year.

"These guys come down and generate an awful lot of lunches," Bateman said. "They have never been a problem and they have come here for years and years."

Bateman fears the changes will discourage them from coming to beach.

"I think it will because there is a lot of camaraderie in the group," Bateman said. "If you spread the group out there is no group."

Warburton said the new design is more efficient and fair.

"We don't guarantee the general public a spot," Warburton said.

Non-bikers at the beach said they are in favor of the plan.

"Why should those who ride motorcycles get special treatment," said Barbara McNeil, who was at the beach with her grandchildren Wednesday. "I usually have to end up parking almost a half a mile away from the beach."

Warburton said the elimination of motorcycle parking was put in the design � for the $14.5 million Hampton Beach redevelopment project � early on.

The project entails constructing two bathhouses � one at the Marine Memorial and another near Haverhill Street � and a new Seashell complex.

Portions of the sea wall, parking lots and promenade will be improved.

But one biker hopes the state has a change of heart before the project is completed.

Myles Bratter, of Dover, said he rides to the beach every day with his pet Macaw bird, Rainbow, which has become a huge draw to tourists.

"If they take away motorcycle parking, they'll lose Rainbow," Bratter said. "If there's no place to park, I'll end up in York Beach instead of up here. And they're motorcycle friendly."
----------------------------------
New York

www.wkbw.com/news/local/Did-Police-Roadblocks-Slow-Down-The-Speedway-98068154.html
Did Police Roadblocks Slow Down The Speedway?

Story Published: Jul 8, 2010 at 6:10 PM EDT
Story Updated: Jul 8, 2010 at 6:42 PM EDT

LANCASTER, NY ( WKBW ) Every Wednesday is cruise night at Dunn Tire Raceway Park...and it is big business with thousands of people showing up every week.

However, the operators of the raceway tell Eyewitness News the State Police are targeting the raceway and taking a big bite out of their profits.

Ralph Gulluzzi, Dunn Tire Raceway Park promoter says, "The State Police are targeting us by setting up roadblocks on Gunnville near Wehrle and Genesee...so you can't get to the racetrack without passing through the roadblocks."

Between the two checkpoints, there were 154 tickets issued and two arrests. 54 of those tickets were for motorcycle related violations.

Rebecca Gibbons from the New York State Police responded, "We are not targeting any business that is not our goal whatsoever. What we are looking for is traffic situations where there may be hazards, large amounts of traffic which, in that area, over 3,800 cars...that's alot of traffic."

State Police say that they do focus on areas where they know traffic will be heavy, like concerts, festivals, and sporting events. In this case, they knew that large amounts of motorcyclists would be in the area for cruise night...and with over 17 motorcycle related deaths over the last several months, it was a good time to educate riders.
-----------------------------------
South Carolina

www.wmbfnews.com/Global/story.asp?S=12777828
Refunds for MB helmet law fines hit the mail
Posted: Jul 08, 2010 9:05 PM EDT Updated: Jul 08, 2010 11:03 PM EDT By Brandon Herring

MYRTLE BEACH, SC (WMBF) - The City of Myrtle Beach has mailed refunds to motorcyclists who paid fines for not wearing helmets inside city limits.

During the time the city required helmets for motorcyclists, 389 people were ticketed. Approximately 141 of those tickets were paid, and the city is refunding those payments.

Not everyone who paid had shelled out the full $100 fine, so the refund total is $13,964.

"The law was deemed invalid so we needed to give the money back," stated city spokesperson Mark Kruea.

The Myrtle Beach Clerk of Court used a computer database to look up the names of people who had paid the fines and mailed the refunds between June 23-28. The record of those tickets was then expunged from the system.

Kruea said the city also decided to pay back interest on the fines.

"Our interest is in making the customer whole and to do that we need to pay a little bit of interest to them," Kruea said.

The city's finance director Maria Baisden said was told by the city attorney to send the interest payments. The interest will be paid based on when the ticket was paid.

"It's going to be anywhere from $10.45 to as little as 58 cents [for each ticket]," Baisden said.

The checks for interest are scheduled to be printed and mailed Friday morning. The process is mostly automated Baisden said, but the address for each check did have to be entered manually based on the address written on each ticket.

"They're actually going to have to enter all this information," Baisden said Thursday morning. "There's no purchase order already set up. So it's not quite as automated as what we normally do, because it's a special project. It's something we're only going to do one time."

While the refunds simply give back money paid to the city, paying interest creates an extra cost. The total interest being paid is $869.45. Mailing the refunds and the interest checks costs the city $124.08.

Baisden said there may be a few more tickets that are refunded, so the totals could increase slightly.

Defending the helmet law in court was a totally different cost for the city. That cost came to a total of $64,000 in legal fees, but Kruea said that money is built into the annual budget.

"We have to defend ourselves," Kruea said. "When the city believes it's in the right it needs to defend itself. It's just a cost of doing business."

If that legal money is not used each year it can carry over to the next year, but Kruea said it would be considered a bonus. He said the legal fees did not take anything away from the city's next budget.

"I think you can play 'what if' with it forever," Kruea commented. "I don't know that that's a practical way to look at this particular issue."

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS

New York State Police Presentation
"Taking the Mystery Out of Motorcycle Enforcement:
Your Bike and What Cops Look for" http://www.newyorkfreedomriders.com/doc/NYS%20MC_Training_2010(3).pdf

-------------------
NEW YORK HIGHWAY SAFETY SYMPOSIUM FALL 2010
�PARTNERING FOR A SAFER NEW YORK�
HOLIDAY INN, GRAND ISLAND
OCTOBER 17-20
PRELIMINARY AGENDA http://www.itsmr.org/pdf/2010%20PRELIM%20AGENDA%20FOR%20WEB.pdf

Note: motorcycle only

Monday October 18
10:30-11:30 Motorcycle Safety
The Motorcycle Safety Foundation's (MSF) Basic Rider Course (BRC) and motorcycle safety awareness and promotion activities are the cornerstone of the NYS Motorcycle Safety Program (NYSMSP). MSF will discuss its role in NY, including an overview of its rider training programs and public outreach. The NYS Association of Chiefs of Police (NYSACOP) and the New York State Police have been a proactive force in spreading the motorcycle safety and enforcement message throughout the law enforcement and motorcycle safety community with the regional program entitled "Practical Guidelines for Motorcycle Enforcement." The NYSACOP portion of this presentation will provide an overview of this innovative and successful training program.
Presenters: Chris Connelly Motorcycle Safety Foundation Program Manager for New York Dominick Macherone NYSACOP/GTSC Law Enforcement Liaison Daniel Montimurro Motorcycle Safety Program, NYS Department of Motor Vehicles

****************************************************************************
If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

www.newyorkfreedomriders.com
New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"

New York Freedom Riders :: New York State Law Enforcement Being Deceitful on Motorcycle

Author: karen
Subject: New York State Law Enforcement Being Deceitful on Motorcycle
Posted: Wed Jul 07, 2010 10:44 pm (GMT -4)
Topic Replies: 0

IMMEDIATE RELEASE
New York Freedom Riders
www.newyorkfreedomriders.com
July 7, 2010

New York State Law Enforcement Being Deceitful on Motorcycle Eyewear

The New York State Police, in partnership with the Governor�s Traffic Safety Committee and New York�s Traffic Safety Partners, are improperly training local law enforcement on motorcycle laws. In their presentation titled �Taking the Mystery Out of Motorcycle Enforcement� they covered eyewear, legal application of an inspection sticker, handle bar height, helmets, exhaust pipes, tires, lights and plates. [1]

In the section of the presentation that covered proper eye protection, it states; �For enforcement purposes, eyewear that meets this newly adopted ANSI standard will have �Z87� on the frames and lenses.� State law reads as follows: �Eye protection [(a)] A motorcyclist may use any eye protection device that has been manufactured in conformity with the American National Standard Institute�s Z87.1 standard �Occupational and Educational Personnel Eye and Face Protection Devices.� A motorcyclist may not operate a motorcycle unless he or she is wearing such eye protection.� [2]

New York State local law enforcement is being trained that the only legal eye protection allowed must have �Z87� on the frames and the lenses. This is a deliberate falsehood. State law provides that any eye protection that has been manufactured in conformity with the American National Standard Institute�s Z 87.1 is legal in New York State. Past standard regulations required eye protection to have �Z87� on the frames only, meaning earlier models of legal eye protection continue to be legal.[3] Any law enforcement personnel that states you must have �Z87� on the frames and on the lenses is wrong and is deliberately misinforming you and the public.

We remind all motorcyclists that if any law enforcement personal asks to inspect your eye protection, as with the helmet, you request a search warrant.

New York Freedom Riders insist that New York State Law Enforcement cease illegally pulling over motorcyclists just to enforce eye protection regulations that they know are not in accordance with state law. Such actions are, in-and-of themselves, illegal and should be prosecuted to the full extent of the law.

For further information visit our website at: www.newyorkfreedomriders.com or email us at: nyfreedomriders@localnet.com .

1. http://www.newyorkfreedomriders.com/doc/NYS%20MC_Training_2010(3).pdf
2. http://weblinks.westlaw.com/result/default.aspx?cnt=Document&db=NY-CRR-F-TOC%3BTOCDUMMY&docname=342049540&findtype=W&fn=_top&ifm=NotSet&pbc=4BF3FCBE&rlt=CLID_FQRLT37930291767&rp=%2FSearch%2Fdefault.wl&rs=WEBL10.06&service=Find&spa=nycrr-1000&vr=2.0
3. http://www.tasco-safety.com/sglasses/ansi.html

http://www.newyorkfreedomriders.com
New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"

New York Freedom Riders :: NY Legislation/news- 7/2/10

Author: karen
Subject: NY Legislation/news- 7/2/10
Posted: Fri Jul 02, 2010 2:28 pm (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -7/2/10

ATTENTION:
SPUTNIK MEMORIAL SERVICE RIDE JULY 10TH-SATURDAY

WHEN: JULY 10TH, SATURDAY at 10:00 AM
WHERE: RALLY POINT IS AT VFW POST 8787, 500 VFW ROAD AUSTIN
TX 78753.TIME: KICKSTANDS UP AT 10:00 AM.
THE MEMORIAL RIDE WILL PROCEED TO THE SOUTH SIDE OF THE STATE CAPITOL BUILDING...

(The VFW will open up at 8:00am coffee, doughnuts, and water available at the rally point)

MEMORIAL SERVICES FOR SPUTNIK TO BE HELD AT THE SOUTH SIDE OF THE CAPITOL BUILDING IMMEDIATELY AFTER THE MEMORIAL RIDE.
*********************************************************************************************

NEW YORK LEGISLATION UPDATES:
Helmet, Motorcycle, Gang, Rights: no updates
----------------------------
New York News

http://www.nymstf.org/News.asp
New York Motorcycle & Scooter Task Force
June 23 2010

NYMSTF Introduces Checkpoint Alerts

In response to the motorcycling community's ongoing problems in New York with police checkpoints that stop only motorcycles and scooters, the NYMSTF is pleased to announce the Checkpoint Alert System. Read all about it here:

http://nymstf.org/CheckpointAlerts.htm

With this system, we leverage the power of the people. Anybody who witnesses a motorcycle -targeted police checkpoint should send a mobile phone text message to the NYMSTF's main phone number, 347-410-6783, start the message with the word "checkpoint" and describe the location. In less than five minutes, that report will be posted to the NYMSTF.org web site and to the NYMSTF's account on Twitter.com.

Twitter subscribers who follow the NYMSTF will receive instant email notifications, and can take advantage of text messaging to receive Checkpoint Alerts on their cell phones as soon as the report reaches Twitter.

The Checkpoint Alerts are also available as an RSS/XML feed from the NYMSTF.org web site.

This service will help area motorcyclists and scooterists avoid the delays, hassles and safety risks involved in being stopped for law enforcement's fishing expeditions on New York's busy roadways. This service can also help motorcycle activists seek out these checkpoints to document and challenge them.

We encourage all motorcyclists to add the NYMSTF phone number to their cellphone contacts list to make it easy to send reports. Anyone who wishes not to be stopped should check the NYMSTF's RSS feed before their trip, or subscribe to Twitter and follow the NYMSTF.

Sincerely,
Brad Berson
VP, NYMSTF
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES

California:
ABATE of CA- http://www.abate.org/
Smog Checks For Motorcycles - SB 435 - passed out of the Assembly Transportation Committee

Senate Bill 435 was introduced last year by Senator Fran Pavley and included language that would have required model year 2000 and later motorcycles to undergo biennial smog checks, same as automobiles.� That means if you had made ANY modifications to your engine or exhaust, chances are you'd have to put them back to stock in order to pass.

Thanks to the thousands of motorcyclists who called, wrote and faxed, we were able to get the Senate Transportation Committee to require her to remove the language requiring smog checks before they allowed it to pass.� When introduced to the Assembly Transportation Committee earlier this month, the original language would have required any bike manufactured after 1983 to have matching federal EPA labels on the frame and exhaust.� We managed to get that down to only model year 2011 and later as a fix-it ticket by agreeing to be 'neutral' on the bill.� Before the hearing on June 28th it clearly had the votes to pass but so many motorcyclists showed up for the hearing they didn't find the votes to pass until 6:30 p.m., long after everyone was gone.� Even at that, the only way they got the 8th vote it needed was when one of the legislators who originally voted "no" changed his vote at the last minute when he realized it wouldn't pass.
�
The bill has a long way to go before it ever hits the Governor's desk and so we've still got time to stop it, but we need your help.� If as many people who showed up at the hearing had taken the actions we requested over the last few weeks through our Action Alerts we might have actually been able to stop it.

http://www.abate.org/IssuesLegislation/CurrentIssuesLegislation.aspx
SB 435 - Motorcycle Smog Check

What Now?

Wow, there were so many people who showed up for the hearing it was truly awe inspiring. And it wasn't just a bunch old old Harley riders either, there was plenty of representation from the sport bike community. It was such a big deal we even made the news:

http://www.kcra.com/video/24077812/index.html (video) http://www.kcra.com/politics/24075288/detail.html (article)

Like it says on the our home page, we actually almost defeated it and if everyone who showed up for the hearing had helped out by sending the letters and making the phone calls before as we had been requesting it might be dead or mortally wounded by now. As it stands there's a long way to go before it lands on the Governor's desk. We have no idea whether he'd sign it as it's written right now but wouldn't count on him not to. Next stop is in the Appropriations Committee, we'll report on that once we know the date.

If you live in one of the districts of the Assembly members who voted to pass this bill out of the Transportation Committee and don't like the fact that half the 2011 models will be eligible for fix-tickets right off the showroom floor, call their local office in the district to set up a meeting and ask if they understand why you're still opposed to the bill. Ask them if they'd like to make a statement to the rest of the motorcyclists in their district explaining their vote. We'd be glad to post it on this website for everyone to read.

The votes to let it pass out of committee are in RED below. You can click on the name and it'll take you to their website where the local office contact information is as well of a map of this district so you can see the area it covers.

California Assembly Transportation Committee
[list: http://www.abate.org/IssuesLegislation/CurrentIssuesLegislation.aspx ]
---------------------------------------

Maine:

www.bangordailynews.com/detail/147454.html
County police cracking down on road noise
6/29/10
By Jen Lynds, BDN Staff

PRESQUE ISLE, Maine � While some people think it is cool to see a motorcyclist on a sharp-looking machine, revving up the engine as he or she zips through the downtown, others aren�t as happy about the situation.

They see those motorcyclists and motorists riding over local roads in vehicles with no mufflers as a stain on their desire for peace and quiet, and they are happy with changes to a state law slated to go into effect on July 12.

Law enforcement officials from Aroostook County have pledged to crack down on those who ignore the amended law relating to road noise.

Presque Isle Police Chief Naldo Gagnon, Houlton Police Chief Butch Asselin and Aroostook County Sheriff Jim Madore met recently with local media to discuss the changes to the law.

The current law governing road noise says vehicles must have adequate mufflers that are maintained properly to prevent excessive or unusual noise. Language was added recently that says excessive or unusual noise includes motor noise that is noticeably louder than that of similar vehicles in the environment.

The changed law also states that the exhaust system may not be modified if the result is amplification or noise that is louder than the muffler originally installed on the vehicle.

Violators could face a $137 fine.

�In the summer, the top three complaints we get are about speeding vehicles, motorists who run red lights and noise complaints,� Gagnon said Tuesday. �We usually issue one or two tickets a week in order to deal with noise complaints. We especially hear complaints about motorcyclists who are revving their engines. People want their quality of life to remain peaceful, and it�s hard if you have got a bunch of noise coming off the roadways.�

Asselin agreed, saying that the point of the partnership between Houlton and Presque Isle police and the Sheriff�s Department is to get the word out about the new law and to correct problems before they get out of hand.

Asselin said noise complaints are not reported often in Houlton, but indicated Tuesday that he hears complaints around town and in neighboring communities.

�I see a lot more motorcycles out there now,� said Asselin. �When people see me and my officers out in public, they will sometimes complain about the road noise and ask us what we are going to do about the noise from the motorcycles. I see a lot more motorcycles ride on the roads now, and it is tempting for some people to increase the noise being emitted from their mufflers. It�s different now. We used to hear complaints about trucks and their Jake brakes. Now the complaints are about motorcycles.�

Asselin said he sees how such noise could disturb the peace.

�If you live along a major road, the noise has got to be distressing at times, especially if you are trying to rest or you have children,� he said. �That is true as well if you have a large crowd of motorcycles going by.�

The chief said the Sheriff�s Department and the Houlton and Presque Isle police have agreed to issue written warnings for two weeks to violators who have not changed their exhaust systems to comply with changes in the law. After that, officers will issue summonses that will cost violators $137.

Gagnon said the two-week courtesy warning in The County �does not apply to the blatant violations of excessive, unnecessary and unusual noise from exhaust so as to cause a harsh and objectionable noise� as described in Maine Motor Vehicle Law.

Elaine Stanton of Littleton has a house just off U.S. Route 1. She said that she hears a lot of motorcycles going past her home.

�I can hear them before I see them,� she said Tuesday. �It is not everyone, of course, but the noise is really irritating. I actually have spoken to three or four of the riders that I see often around the community, and what they told me is that trailer trucks are loud, too, so why is the focus on motorcycles?�

Asselin said that neither he nor the other chiefs are against motorcycles in their communities. He added that he has a motorcycle himself and enjoys riding.

�It is all about being considerate and enjoying it, but being lawful and legal,� he said Tuesday. �You can have fun, but why would you want to disrupt someone else�s life in the process?�

RECAP:

http://www.mainelegislature.org/legi.../PUBLIC639.asp

An Act Relating to Road Noise
Be it enacted by the People of the State of Maine as follows:

Sec. 1. 29-A MRSA �1912, sub-�1, as enacted by PL 1993, c. 683, Pt. A, �2 and affected by Pt. B, �5, is amended to read:

1. Muffler required. A person may not operate a motor vehicle unless that vehicle is equipped with an adequate muffler properly maintained to prevent excessive or unusual noise. For purposes of this subsection, �excessive or unusual noise� includes motor noise emitted by a motor vehicle that is noticeably louder than similar vehicles in the environment.

Sec. 2. 29-A MRSA �1912, sub-�3, as enacted by PL 1993, c. 683, Pt. A, �2 and affected by Pt. B, �5, is amended to read:

3. Amplification prohibited. A person may not operate a motor vehicle with an exhaust system that has been modified [to amplify-removed] when the result of that modification is the amplification or increase [the-removed] of noise emitted by the motor above that emitted by the muffler originally installed on the vehicle.

Sec. 3. Working group; excessive highway traffic noise. The Department of Public Safety, Bureau of State Police shall convene a working group to study issues relating to highway traffic noise, including, but not limited to, unwarranted noise created when an exhaust system is not properly installed or maintained or is altered. The working group must include representatives from municipal and county law enforcement, a commercial motor carrier association, the Department of Transportation, the Maine Turnpike Authority and a neighborhood or neighborhood association affected by highway noise. The working group shall submit a report, including findings and recommendations, to the joint standing committee of the Legislature having jurisdiction over transportation matters no later than January 15, 2011.

Effective July 12, 2010
----------------------------------------------------
New Hampshire

www.seacoastonline.com/articles/20100702-NEWS-7020325

Boston noise ordinance not being enforced
Legal challenge is currently awaiting court action

By Shir Haberman
hamptonunion@seacoastonline.com
July 02, 2010 2:00 AM

NORTH HAMPTON � Those who developed the motorcycle noise ordinance passed by voters at the May 11 town election often point to the success of an almost identical ordinance in Boston as the basis for their argument the town's ordinance can � and should � be enforced.

Previously the town received three legal opinions � from the its legal counsel, the organization that indemnifies the town against lawsuits and the Rockingham County Attorney � indicating it is not enforceable.

And now, the success of the Boston ordinance is being questioned.

Calls placed to police and a city councilor's office in that city, indicate that the Boston ordinance is the subject of a lawsuit and that police there have yet to try to enforce it.

"As of this time we are not enforcing it," Officer Eddy Crispin of the Boston Police Department's media relations group said Wednesday.

This directly contradicts e-mails being circulated by supporters of the North Hampton ordinance that allegedly state the opinion of Janet Knott, an administrative assistant to City Councilman Salvatore LaMattina, who sponsored the Boston ordinance. Knott is quoted in these e-mails as estimating that the Boston police have issued "250 citations in the last year (in enforcement actions based on the Boston motorcycle noise ordinance) at $300 each."

Contacted Wednesday, Knott initially said she was not sure of the number of citations issued, but was confident the ordinance passed last May was being enforced. When advised of Crispin's statement, Knott indicated that she would investigate the situation.

She called back later in the day and indicated there was some confusion over whether the ordinance was actually being enforced.

"I talked to Officer Crispin, and we're investigating it further," Knott said. "We're going through the Police Department's research department. That's the way it has to be done."

Crispin's assertion, however, was corroborated by an article that appeared on the NorthEndWaterfront.com Web site last September, three months after the Boston ordinance was to go into effect citywide. The Web site reports news events in the North End and waterfront neighborhoods of the city.

"The initiative (to begin a voluntary motorcycle noise reduction program in those neighborhoods) follows the efforts of District 1 City Councilor Sal LaMattina, who introduced a city ordinance that calls for an EPA stamp on all approved motorcycle mufflers operating in Boston," the article stated. "Without such a stamped muffler, the biker will be ticketed for a $300 fine.

"The ordinance was approved by the City Council and signed by the mayor," the article continues. "However, a legal challenge has delayed its enforcement pending court proceedings."

Crispin's claim that police were not yet enforcing the Boston ordinance was further substantiated by Peabody, Mass., attorney and Amesbury, Mass., resident Paul Cote, one of the five men who brought suit against the city over the noise ordinance. It was that legal challenge that initially stalled enforcement.

"Motorcycles have to be inspected once a year. I have an inspection from Seacoast Cycles up in Newburyport (Mass.)," Cote was quoted by the Daily News of Newburyport as saying when the lawsuit was filed in July 2009. "They put a sticker on my license plate, and that gives me the right to operate my motorcycle in all 352 cities and towns in Massachusetts, as well as other states because there's reciprocity. The city of Boston does not have the authority to do what it did."

Cote confirmed Wednesday that his lawsuit was dismissed in March of this year based on a Suffolk County Superior Court judge's ruling that neither he nor the other four plaintiffs had standing to challenge the law since they were never issued a ticket for failing to comply with it. A motion to reconsider was filed in April and rejected in May of this year.

"The judge never ruled on (the ordinance's) merits," Cote said.

He said the issue is now awaiting a review by the Appeals Court.

"We have put out the word to as many motorcycle riders as possible to get in touch with us if they get a ticket (under the new ordinance)," he said Wednesday. "We will immediately add their names to the list of plaintiffs.

"So far, I have not heard of any tickets being issued," Cote said Wednesday.

The Massachusetts Motorcycle Association, which opposes the ordinance, issued a statement on May 5 of this year that police had not issued any tickets for non-compliance with the Boston ordinance.

Even if the Boston ordinance eventually passes court muster in Massachusetts, North Hampton Town Administrator Steve Fournier believes the town's new motorcycle noise ordinance will still be unenforceable in New Hampshire because of differences in the way the governments of the two states operate.

"We're a 'Dillon Rule' state, (Massachusetts) is a 'Home Rule' state," Fournier said.

In a Dillon Rule state, cities and towns can only regulate things the state specifically gives them the right to regulate. Cities and towns in Home Rule states have a greater ability to self-regulate, the town administrator said.

His contention that the differences between the two states would impact whether the North Hampton ordinance can be enforced was supported by the Local Government Center in a letter dated May 28, 2010. The center prepared the letter in response to Fournier's request for a legal opinion on the new motorcycle noise ordinance.

"(State law) RSA Chapter 266 (which sets motorcycle noise guidelines) does not contain a provision expressly allowing additional regulation by municipalities, and the level of specificity of state regulation does not suggest that local regulation is permitted," wrote LGC Staff Attorney Kimberly Hallquist in the legal opinion. "Thus it is reasonable to conclude, given the comprehensive regulation of motor vehicles under RSA Chapter 266, ... that any local regulations that conflicts with or frustrates the state's purpose will be found preempted and, thus, invalid."

Fournier said that he, in keeping with the will of the Select Board as expressed at its June 14 meeting, is preparing to submit a request for declaratory judgement on the whether the town ordinance is enforceable to the Rockingham County Superior Court.

The town administrator is also trying to get similar opinion from the EPA, he said.
----------------------------------

Federal:

www.thenewspaper.com/news/31/3187.asp
7/1/2010

Congress Turns Sour On Red Light Cameras
US House Transportation subcommittee discusses possible legislation to increase yellow time at red light camera locations.

At a congressional hearing Wednesday, members expressed increasingly skeptical views toward the safety claims made by the usual cast of advocates for photo enforcement. The US House Transportation Subcommittee on Highways and Transit invited five representatives of the familiar groups that advocate expanded use of red light cameras and speed cameras. In presentations before the committee and written testimony, however, members seemed to be more swayed by what the two camera opponents that appeared had to say.

"I had never heard, until I read the testimony, about people potentially tinkering with the yellow light period," subcommittee Chairman Peter DeFazio (D-Oregon) explained in an interview following the hearing.

Cities in DeFazio's congressional district, which covers the southwest corner of the state, have not embraced cameras. For that reason, DeFazio said he previously had not given much thought to the issue. The hearing was scheduled at the request of ranking member John J. Duncan (R-Tennessee). The city of Knoxville, which is in his district, uses cameras and has stirred up his constituents.

"A lot of people talked to me about it," Duncan said. "In addition, it was a real controversial thing in the last session of the Tennessee legislature."

Georgia state Representative Barry Loudermilk (R-Cassville) appeared before the committee to testify regarding the controversy in his state over the use of red light cameras and his proposed solution to the problems the machines raised.

"We started realizing that there was a questionable effect on safety," Loudermilk said. "Accident rates have increased at several key intersections in the state... There was a financial incentive created by the use of red light cameras that local governments were no longer induced to seek out proven engineering methods to improve intersection safety. As a result, we passed House Bill 77... The key component of House Bill 77 was requiring an additional second to be added to the yellow time at any intersection that operates photo enforcement."

The benefit of the change was immediate. Violations plunged up to 81 percent and several cities dumped their photo ticketing programs once they no longer were profitable. Dan Danila with the National Motorists Association pointed out how unpopular ticketing programs have been rejected in eleven cities and by fifteen states. DeFazio picked up on the unpopularity by noting that private companies like Redflex and American Traffic Solutions failed to appear at the hearing.

"We did invite vendors, and they refused," DeFazio said during the hearing. "I thought of subpoenaing them, but we have lots of other things to do. I find it disturbing that none of them wanted to come and talk about what a great thing they're doing for America here."

DeFazio suggested he would like to see national legislation to address some of the problems. Such laws would only apply in cases where federal safety grants are distributed to localities to fund the use of automated ticketing machines.

"If you were going to use federal funds for automated traffic enforcement, we want to see that you've gone through a thoughtful process and evaluated other alternatives and that this is for safety, not revenue purposes," DeFazio said after the hearing.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS

EPA Updating Noise Emission Standards
10NR19 - MRF News Release

FOR IMMEDIATE RELEASE
30 June 2010
Contact: Jeff Hennie, Government Relations and Public Affairs

EPA Updating Noise Emission Standards

The Motorcycle Riders Foundation (MRF) has learned that the US Environmental Protection Agency (EPA) is updating the regulation that governs all motorcycle noise emissions. The EPA has sent a letter to various private companies located in the USA, that import or build motorcycle exhausts intended for use in the USA, asking the companies to disclose sensitive financial and business plan information, as well as trade secrets.

The EPA claims that it must update the regulation because of "technical changes that have occurred since the last update of the rule". Current law has decibels capped at 83 for motorcycles built since 1983. It is not clear from the letter which direction they will pursue, but in the past, any time the EPA "updated" anything it meant that the regulations got stricter. Reading between the lines shows that the EPA will likely lower the decibel limit for motorcycles, not increase it.

The 5 page questionnaire asks for some very sensitive information such as; overall value of the company, part numbers of items built and or sold, testing techniques, will the company pass on the costs of more testing to the customer and so on.

The MRF is arranging a meeting with the EPA to clarify exactly what is going on here.

If you or anyone you know has received this letter, please put them in touch with the MRF so that they can join the coalition to ensure that this does not put in place any hardships for the American rider.

Contents of the letter to manufacturers follows.

Should you want to view the questionnaire click here: http://www.mrf.org/pdf/EPA_questionnaire_June2010.pdf

###################

(Manufacturer specific information and MRF edits
appear in bold italic to protect the identity of the MRF's source)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
Office of Air and Radiation

June 1, 2010

BY CERTIFIED MAIL

Dear Mr. XXXXXXX:

The U.S. Environmental Protection Agency (EPA) is considering revisions to its motorcycle noise emissions regulations (Code of Federal Regulations, Title 40, Part 205, Subparts D and E, promulgated December 31, 1980) to address technological changes that have occurred since the current regulations were developed. As part of this process, we are collecting information on the types and models of motorcycles and mopeds manufactured in or imported for sale in the United States. We are also collecting information on motorcycle and moped exhaust systems that are manufactured or imported for sale in the United States; this includes companies that manufacturer (sic) OEM exhaust systems for their newly manufactured motorcycles and/or mopeds and/or for retail sale and those companies that manufacture motorcycle and moped exhaust systems for aftermarket sales only. Also, in order to estimate the impacts of any increases in manufacturing and/or product costs due to possible required changes in design and testing costs, we are collecting information on sales volumes, prices and the costs of manufacture.

This letter is to request completion of the enclosed questionnaire by the (name and address of manufacturing company) by June 23, 2010. The purpose of this questionnaire is to determine the products produced, approximate production volumes, production costs, testing processes and testing costs, and sales prices for your facility.

Your company may assert a business confidentiality claim covering part or all of the information. Information covered by such a claim will be disclosed by EPA only to the extent and by procedures set forth in 40 CFR Part 2, Subpart B. You should clearly identify such pieces of information at the time it is submitted, using a cover sheet, stamped or typed legend, or label indicating that the information is company confidential, proprietary, or trade secret. If no such claim accompanies the information when it is received by the EPA, it may be made available to the public by EPA without further notice. It is EPA's policy that compliance provides sufficient protection for the rights of submitters of priveleged information.

We have designated EC/R as an authorized representative of the Agency. As an authorized representative of EPA, EC/R is subject to the provisions of 42 U.S.C. 7414(c) respecting confidentiality of methods or processes entitled to protection as trade secrets. The EC/R contract with the EPA is EP-D-09-051.

Your assistance in this very important matter will be greatly appreciated. If you have any questions regarding this request, please contact me at (EPA phone number) or (EPA email address) or (EPA official) at (EPA phone number) or (EPA email address).

Sincerely,
(EPA official)
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Lawmakers want federal traffic safety agency to focus on crash prevention
AMA:
www.ama-cycle.org/news/story.asp?id=2079

Lawmakers want federal traffic safety agency to focus on crash prevention Posted July 1, 2010

U.S. Rep. Jim Sensenbrenner (R-Wis.) has introduced a resolution urging the National Highway Traffic Safety Administration (NHTSA) to concentrate on motorcycle crash prevention and rider education instead of lobbying state lawmakers to enact mandatory helmet laws.

The resolution is in response to a statement made by NHTSA Administrator David Strickland in May reemphasizing Congressional testimony he gave in March when he stated that the core component of NHTSA's motorcycle safety plan is to increase helmet use and "anything the Congress does that would support the movement of riders into helmets would be efficacious of safety."

On April 2, AMA Senior Vice President for Government Relations Ed Moreland sought a clarification of Strickland's comments. The letter can be read here: AmericanMotorcyclist.com/legisltn/documents/Strickland_Olver_Appropriations_3-25-10.pdf. Strickland's response can be read here: AmericanMotorcyclist.com/legisltn/documents/Strickland_Response_Helmet_5-24-10.pdf.

The resolution -- H. Res. 1498, which was introduced on July 1 -- supports efforts to retain a federal ban on the agency from using taxpayer dollars to lobby state and local legislators. Reps. Denny Rehberg (R-Mont.), Doug Lamborn (R-Colo.), Paul Ryan (R-Wis.) and Tom Petri (R-Wis.) co-sponsored the measure.

The anti-lobbying language was originally written into the Transportation Equity Act approved by Congress in 1998.

"It is the job of Congress to protect the rights of the states and also the freedom and individual responsibilities that motorcycle riders across the nation enjoy as they travel the open roads of America," Sensenbrenner said.

The AMA's Moreland thanked Sensenbrenner for his efforts.

"The key to reducing motorcycle injuries and fatalities is found in the implementation of strategies that prevent the likelihood of a crash from happening in the first place," Moreland said. "We are pleased to see that Rep. Sensenbrenner and his colleagues who back his resolution are mindful of the importance of motorcycle crash prevention, and the pursuit of rider education as a primary means to reduce injuries and save lives," he said.

Sensenbrenner's resolution notes that federal law currently states: "No funds appropriated to the secretary for the National Highway Traffic Safety Administration shall be available for any activity specifically designed to urge a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body."

The resolution also states that federal lawmakers support efforts to retain the lobbying ban, encourages continued growth in motorcycling, recognizes the importance of motorcycle crash prevention, and encourages the traffic safety agency to focus on crash prevention and rider education "as the most significant priorities in motorcycle safety."

-----------------------------------
MRF: Lobby Ban Supported
10NR20 - MRF News Release
FOR IMMEDIATE RELEASE
1 July 2010

Contact: Jeff Hennie, Government Relations and Public Affairs Washington DC

Today, 5 Members of the House of Representatives introduced a resolution that "supports efforts to retain the ban on the National Highway Traffic Safety Administration's ability to lobby state legislatures using federal tax dollars and urging NHTSA to focus on crash prevention and rider education".

The ban is current Federal law, the resolution simply supports the lobby ban and puts the Obama Administration on notice that this is an important law and should remain in place.

There is recent activity to support the fact that the current Administration would like the ability back to lobby state legislatures. At a hearing, Obama's NHTSA chief, Mr. Strickland, has said the motorcycle helmet use will be the core of NHTSA's approach to motorcycle safety. He went on to say that "anything the Congress does that would support the movement of riders into helmets would produce the desired effect of safety."

So, we are pleased that Representatives Sensenbrenner (WI), Ryan (WI), Rehberg (MT), Lanborn (CO), and Petri (WI) have all sponsored H Res 1498 today, and the Motorcycle Riders Foundation (MRF) hopes more of their colleagues will follow suit. The bill is a direct result of the MRF's spring ride to the capitol known as Bikers Inside the Beltway. A group from ABATE of Wisconsin brought this issue up with Congressman Sensenbrenner and he agreed to do the resolution.

Prior to 1996, NHTSA could and did send paid staff to State legislatures, uninvited, to testify in favor of State helmet laws. This irked the constituents and Members of Congress, who felt that it was a waste of tax payer money. They felt that the feds should not be able to use taxpayer moneys against the will of the taxpayers. So, Congress passed a law that forbids NHTSA staff from entering state assemblies uninvited. Sensenbrenner led the charge back in �96.

He had this to say about the issue "It is the job of Congress to defend the freedom and individual responsibilities that motorcycle riders across the nation enjoy as they travel the open roads of America," Congressman Sensenbrenner said. "Mr. Strickland's plan greatly concerns me as it is not the job of the federal government to create one-size-fits-all helmet laws. Mr. Strickland appears to be intent on pursuing all means possible to enact mandatory helmet laws, either at the federal level or by violating the principles of the 10th Amendment and bullying the States into enacting mandatory helmet laws."

Down the Road
It's with a heavy heart that we have to report this next bit, as many of you know, Sputnik Strain passed away last week. For those of you who aren't familiar with Sputnik's life work. I'll try to sum it up. Sputnik organized the State of Texas motorcyclists and convinced a bulk of them to run for elected office. He was so effective, that by 1996, the entire State House and Senate were run by biker majorities. It didn't matter to Sput if you were a Republican or a Democrat, just that you were a biker. They held the majority until just few years ago. It is, without question, a feat that has gone unrivaled in the motorcyclists' political world. Services for Sputnik Strain are going to be held July 10th, in Austin, Texas.
--------------------------------------------------------------------

Governors Highway Safety Association
Directions in Highway Safety Newsletter- Summer 2010 | Vol. 12 | No. 4 http://www.ghsa.org/html/publications/directions/2010/summer/index.html

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Rural Safety News -June 2010 - Vol. 4, No. 2

Rural Safety News is an electronic newsletter of the Center for Excellence in Rural Safety (CERS) at the University of Minnesota. Rural Safety News brings you the latest research and resources concerning rural safety. www.ruralsafety.umn.edu/publications/ruralsafetynews/2010/02/

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EPA Voids Certificates Approving Import of Up to 200,000 Small Recreational Vehicles /Agency may levy penalties
http://yosemite.epa.gov/opa/admpress.nsf/6424ac1caa800aab85257359003f5337/536947c975312e39852577520063c927!OpenDocument

List of Vehicles http://epa.gov/otaq/regs/nonroad/recveh/rec-vehicles-list.pdf

****************************************************************************

If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

www.newyorkfreedomriders.com
New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"

New York Freedom Riders :: NY Legislation/news- 6/25/10

Author: karen
Subject: NY Legislation/news- 6/25/10
Posted: Fri Jun 25, 2010 11:50 am (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -6/25/10

Loss of a Great Teacher

Sputnik of The Texas Motorcycle Rights Association, passed away suddenly at approximately 5:00 AM on June 24, 2010. He was a powerful figure in the motorcycle rights arena and with people who had an interest in the fight.

Sputnik spoke at many seminars across the country over the years and to hear him speak is hard to put into words. You were moved, fascinated with the knowledge he had, and eager to do your best to fight for your rights. The most treasured time seemed to be after his presentations- speaking to him one on one. He always took the time to listen to your concerns and he gave you the tools you needed to conquer your issue whether big or small. There was a way to make it right.

Some consider him a leader; many know him as a great teacher. He wasn't going to do the work for you but he would give you the knowledge to fight for your rights yourself. The passion in his voice gave you the strength and desire to do it.

His teachings are still here. He was kind enough to compile what he had said to us in writings so we are able to pass on his knowledge to others. His "Five Steps to Freedom" - http://www.tmra2.org/5steps.shtml and his "Revolution -the Real Solution." http://www.tmra2.org/images/REVOLUTIONtherealsolution.pdf are a couple of his known works and recommended for all to read.

Sputnik will be missed dearly and we thank him for the time he spent with us, for the knowledge he shared, and how to look at ourselves honestly. Now we must learn to take his passion and determination and show others how it's done. Never stop fighting for your rights. Take your government back and make things right.

We thank you great teacher.

New York Freedom Riders.
*************************************************************
NEW YORK LEGISLATION UPDATES:
Helmet, Motorcycle, Gang, Rights: no updates

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES

http://www.abate.org/

ABATE of California
Smog Checks For Motorcycles - SB 435 scheduled to be heard in the Assembly Transportation Committee on June 28th!

SB 435 - Motorcycle Smog Check

Needs Your Attention Now!!!

SB 435 is currently scheduled to be heard in the Assembly Transportation Committee on June 28th. Due to strong ABATE opposition, all of the motorcycle smog check provisions from last year were stripped out and SB 435 has been amended to provide that if bikes don�t have mufflers with matching federal EPA noise standard labels, they can be cited for a $50-$100 fix-it ticket. That�s even if it's just parked on a street. An earlier version targeted model year 1983 and later with a $300 non-fix-it ticket and the latest amendment applies only to 2011 models so we're making some progress. The problem is that, even on brand new stock bikes, the EPA labeling isn't always easily visible or present at all so we still need to get that provision removed.

California Vehicle Code Sections 27150 and 27151 have already been on the books for 40 years and are used routinely for loud motorcycle exhaust violations. Under current law, if the mufflers are replaced with noise compliant ones, labels or not, and verified by peace officers, the citations are written off with a $25 court fee. If noise from motorcycles is what the legislature is trying to address, what's wrong with using the existing laws?

TAKE ACTION:

From now until the bill is heard (currently scheduled for June 28th) we need to get as many people and businesses as possible to do 2 things:

* Fax or snail-mail a Letter of Opposition to the Chair of the Assembly Transportation Committee and
* Call your own Assembly member and/or use their website contact form to request that they oppose the bill. If your Assembly member isn't on the Transportation Committee then request that they contact the Committee members to ask that they oppose the bill.

The Assembly Transportation Committee members are listed below and you can find your Assembly member here. Once you enter your zip code it'll display both your Senator and Assembly member, their phone numbers and website address. Go to their website to send a message via web form if a fax or phone call isn't feasible for you. This is more effective than sending an e-mail because they pay closer attention to the messages coming in from the website as they're harder to spam.

You can send a free fax right from your computer here. http://faxzero.com/
Download a sample Letter of Opposition in MS Word format here. http://www.abate.org/LinkClick.aspx?fileticket=p_LofXUUV4w%3d&tabid=73
Download a sample Letter of Opposition in PDF format here. http://www.abate.org/LinkClick.aspx?fileticket=Q0MoCnxo8is%3d&tabid=73

Here are some talking points but feel free to use your own:

* Based on studies done in other jurisdictions that have tried to enact similar laws it's been found that even on brand new stock motorcycles the EPA labeling isn't always visible or even present.
* The agency within the EPA that was responsible for administering the rules governing EPA noice labeling was dismantled in 1981 and so there's been no enforcement for almost 30 years.
* California Vehicle Code Sections 27150 & 27151 already are used to cite loud mufflers.
* Spending the money to enact redundant vehicle noise control laws when the state has a $20 billion deficit is irresponsible.
* Noise laws from all sources, like autos with noisy boom boxes or mufflers, loud house parties and construction equipment need to be enforced, not just targeting motorcyclists for subjective and discriminatory prosecution.
* There are many who contend "loud pipes save lives", including numerous police departments in California. The Oakland PD is even on record as saying so.

California Assembly Transportation Committee.
List: http://www.abate.org/IssuesLegislation/CurrentIssuesLegislation.aspx

There is a hearing scheduled for Monday, June 28th at 1:30 pm in Room 4202 at the Capitol. If it's at all possible for you to attend please do so - let them know we're watching and we care. We'll be sending out Action Alerts as more news becomes available, sign up for Action Alerts here. http://www.abate.org/IssuesLegislation/SignupforActionAlerts.aspx

--------------------------
Connecticut
www.courant.com/community/east-hartford/hc-motorcycle-law-0623-20100622,0,544844.story

Law Requires Training Course For New Motorcycle Riders
7:04 p.m. EDT, June 22, 2010

EAST HARTFORD �
Inspired by a woman who lost her son in a motorcycle accident, a new law will require first-time motorcycle riders in Connecticut to wait a little longer before getting on their bikes.

Starting Jan. 1, all new riders will be required to take a 17-hour, $200 course before they can ride, according to legislation recently signed into law by Gov. M. Jodi Rell. Previously, the class was required only for those under age 18.

The law, designed to make motorcycle riding safer, passed with strong support in both the House and Senate. "It's going to go a long way to provide safe ridership and an educated ridership," said Rep. Timothy Larson, D-East Hartford, who introduced the bill. As it stands now, state law requires riders to pass a written test to get their permit and to take a road test to get their full license. The new law will require riders seeking a license to take the state Department of Transportation's novice motorcycle training course � six hours of class work and 11 hours of road training, administered over the course of several days. The road test will be included in the course.

The state's regulations on permits will not change. After passing the written test, a rider is issued a permit. The rider can then renew the permit once in a calendar year, according to the state Department of Motor Vehicles. Riders can legally drive with a permit for 120 days. The new rules will not apply to current license holders, or those who obtain licenses in other states.

The governor's signature on the bill marks the end of a nearly two-year fight for East Hartford resident Stephanie Pelletier, whose son, Nicholas Cohen, died in a motorcycle accident in 2008. He was 19 and was riding with only a permit. Pelletier believes that had he taken the course, he might not have collided with the minivan that killed him.

Pelletier said that finally having the bill become law has offered some measure of peace.

"I feel good," she said. "There are parts of me that are sad, but I'm happy if I can save even one parent from the pain that I feel every day. It was a tragedy to lose my son, but a positive thing has come out of it."

Last year, 37 riders and four passengers in Connecticut died from motorcycle-related injuries, according to the DOT.

DOT spokesman Kevin Nursick said that not everyone who takes the course passes, meaning that under the new law some people will be unable to get their license, a fact he called "regrettable but necessary."

The DOT has secured a federal grant to cover the $100,000 in initial costs resulting from the new law. After 2011, the classes will be funded mostly by student fees.
-----------------------------
Michigan
www.lenconnect.com/news/x383302505/Motorcycle-helmet-tickets-to-be-dropped

Motorcycle helmet tickets to be dropped

By Dennis Pelham
Daily Telegram
Posted Jun 24, 2010 @ 05:08 PM

ADRIAN, Mich. �
Motorcyclists fighting unapproved helmet tickets they received this spring from Adrian police were notified last week the cases are being dropped.

Legal issues brought up in Lenawee County District Court by an attorney for a motorcycle rights group are the same ones involved in a lawsuit in federal court in Grand Rapids, said Adrian City Attorney Sarah Osburn. Rather than leave the half-dozen tickets pending in Lenawee County District Court for months or years while the federal case is decided, she said, the tickets were dismissed.

Depending on the outcome of the federal lawsuit, she said, it is possible the tickets could be reinstated. But that has not been decided, Osburn said.

Helmet enforcement in Adrian this spring drew the attention of ABATE of Michigan Inc. An attorney for the state�s chapter of American Bikers Aiming Toward Education showed up for an April 20 hearing on a challenged helmet ticket in district court, along with about 20 local members of the group.

Osburn said she and Sgt. Lynn Courington, who wrote the helmet tickets, agreed to drop enforcement action until the federal lawsuit defines how the helmet law is to be applied.

Courington, a motorcycle instructor and enthusiast, said there was nothing personal about the enforcement actions or the decision to wait for legal issues to clear up.

�Whatever the law says to do, that�s what you do,� he said Wednesday.

Martin Richardson, one of the first motorcyclists to fight the helmet tickets, said he was happy to learn the city is dropping the cases.

�I did not think it was appropriate the way it was handled,� Richardson said. He said he felt his rights were being abused when he was stopped and his helmet taken for evidence, forcing him to wait for a friend to bring him another helmet before he could ride home.

A federal judge in Grand Rapids agreed in April to decide a claim by ABATE that Michigan�s helmet law is being illegally enforced by police who stop riders on suspicion of wearing an unapproved helmet. The group claims there is no method for police to determine if helmets meet federal Department of Transportation requirements without looking inside the headgear, making the stops illegal searches.
---------------------------
New Hampshire
www.seacoastonline.com/articles/20100621-NEWS-100629969

Board backs motorcycle noise ordinance
By Shir Haberman
hamptonunion@seacoastonline.com
June 21, 2010 4:45 PM

NORTH HAMPTON � Despite the recommendation of Police Chief Brian Page, supported by three legal opinions, the Select Board last Monday declined to rule the new motorcycle noise ordinance unenforceable.

Instead, the board decided to try to contact lawyers representing the U.S. Environmental Protection Agency and/or ask the courts for a judgment on the ordinance�s legality.

The ordinance, passed by a margin of almost 2-1 at the May 11 town elections, prohibits the parking or operation in town of a motorcycle that does not have an EPA stamp on its exhaust system indicating it emits noise of 80 decibels or lower. Under New Hampshire state law, a motorcyclist is in violation if his vehicle emits more than 106 decibels.

�The town ordinance is trying to circumvent state law and is not enforceable,� Page told the selectmen Monday. �It would be ridiculous for me to direct my men to enforce it.�

Opinions obtained from the town�s legal counsel, Upton & Hatfield of Concord, Rockingham County Attorney James Reams and the Local Government Center of Concord, the organization that indemnifies the town against lawsuits, appear to corroborate the chief�s position.

�I feel that this petitioned ordinance is not legally enforceable because it exceeds the authority granted to municipalities under the controlling federal law,� wrote Matthew Serge of Upton & Hatfield in a May 13 letter to Town Administrator Steve Fournier. �The federal regulations referred to in the petitioned article relate primarily to motorcycle manufacturers and require those manufacturers to affix certain labels to motorcycles verifying that those motorcycles meet certain noise levels.�

Reams concluded the state has jurisdiction over motorcycle noise, not individual communities.

�The state has a comprehensive system for regulating motor vehicles, and I don�t think that (state law) RSA 31:39, Section (n), is intended to leave that area of regulation to the town,� the county attorney wrote in a May 13 letter to Page. �I think a fair reading of the statute is that towns can regulate noise made by anything other than motor vehicles.�

Kimberly Hallquist, a staff attorney with the LGC, in a letter written to Fournier dated May 28, indicated the ordinance as written actually has little to do with the noise a motorcycle makes.

�The ordinance in question is likely invalid in that it does not have a clear relation to promoting the public interest of lower noise levels or meet in an appreciable manner any relation to controlling noise,� Hallquist wrote. �In the ordinance as adopted, the actual noise level of the vehicle is immaterial to whether or not a violation exists.

�Indeed, a vehicle does not have to be emitting any sound at all to be in violation of the noise ordinance given that a vehicle that is merely parked may be in violation of the noise ordinance,� the LGC attorney wrote.

Of the approximately 20 people who attended last Monday�s Select Board meeting, only two spoke in favor of suspending enforcement of the ordinance.

�We�re trying to enforce something the chief says is unenforceable,� said resident Sandy Dewing. �I don�t want my tax dollars going to the Police Department just to have guys sitting around in court all day wasting money. This is absurd.�

Rick Fucci, owner of Route 1 Self Storage and a director of the North Hampton Business Association, pointed to the financial peril the ordinance represents for the town�s business community. At least one motorcycle group in the state has vowed to boycott local businesses if the ordinance is enforced.

�The North Hampton Business Association is not in favor of loud motorcycles (but) any ordinance can have a chilling effect, and this one will have a chilling effect on the three (motorcycle) dealerships we represent,� Fucci told selectmen. �While it is only a few motorcyclists who are creating the problem, motorcyclists function as a group and throw a lot of weight financially.�

However, several members of the audience who spoke indicated the opinions received from the legal sources might not be correct.

Planning Board Chairman Phil Wilson noted ordinances aimed at controlling motorcycle noise have passed court muster in other parts of the country, including Boston and Colorado.

�I have learned (from years of dealing with land-use laws) there are lawyers who are deal-breakers and those who are deal-makers,� Wilson said. �What the chief should have asked the lawyers is, �The townspeople have passed this ordinance, now how do we enforce it?� �

Wilson suggested the town should make an attempt at enforcing the existing ordinance and see what happens.

Larry Miller, who had the ordinance drafted by a private attorney and spearheaded its passage, called the legal opinion by Serge �worthless,� the one given by Reams �crap� and the LGC�s determination �a conflict of interest� because it was the organization that would have to pay any costs if the town lost a legal decision.

�If I were (sitting on the Select Board) I wouldn�t have the police chief telling me what to do, because he works for you,� Miller said. �The police chief is under the impression � and the state is (too) � that the state law is valid. I believe it�s not.�

Miller also took issue with the business association�s stand. He noted more than 85 percent of the taxes come from residential property taxpayers.

�You are the tail, we are the dog,� he told Fucci.

Under the provisions of the article, the motorcycle noise ordinance will not be implemented until July 11. The board instructed Fournier to try to get in touch with lawyers from the EPA for information on enforcing the ordinance and to investigate motorcycle noise ordinances passed in other states. �We�ve been dealing with this since 2001,� Page said. �From my review, it will be going on for a while longer.� ________________________________
www.seacoastonline.com/apps/pbcs.dll/article?AID=/20100619/NEWS/6190312/-1/NEWSMAP

Rye's rules for biker noise stay put
Town won't copy stricter N. Hampton law

By Charles McMahon
cmcmahon@seacoastonline.com
June 19, 2010 7:16 PM

RYE � Unlike their cross-town neighbors, Rye Police Chief Kevin Walsh said his department will continue to monitor motorcycle noise as it always has and will not attempt to follow the lead of North Hampton officials.

With summer beginning to kick into full gear and motorcyclists hitting Seacoast roadways, Walsh said his officers will do what they've always done and will continue to issue defective equipment tags to offenders.

In North Hampton, a motorcycle noise ordinance passed earlier this year calls noise from motorcycles "a chief contributor of ... excessive noise" in town and references an U.S. Environmental Protection Agency regulation that requires motorcycle manufacturers to attach a permanent label to their products stating they meet the EPA's noise emission requirements.

The controversial issue has angered motorcyclists and others, who claim the town ordinance is more restrictive that the state's. The maximum decibel level for the EPA sticker is 80, while the state standard is 106 decibels.

The ordinance has also raised many legal issues and its enforceability has been questioned.

Walsh said Friday that his department will continue to partner with state police and will hold several motorcycle noise checkpoints throughout the summer months.

Motorcyclists who are issued defective equipment tags for any variety of violations related to straight pipes or short pipes have four to six weeks to come back with the tag signed by an inspection state stating it meets all qualifications.

Walsh said if the motorcycles check out, the owners can return to the police station and provide proof. He warned if the motorcyclists don't follow through, a letter will be sent to the Department of Motor Vehicles and offenders could potentially have their license revoked.

Despite the process of visually inspecting suspect motorcycles being time consuming, Walsh said the process works.

The police chief said he's noticed a change since checkpoints were instituted and estimated about 99.9 percent of motorcyclists are now compliant with the law.

"I can see some change in driving habits already," he said.

Walsh said he's aware of the North Hampton ordinance, but called it "extremely complicated."

Aside from the many legal questions it raises, Walsh said it would surely be difficult to prosecute and would eat up time for police officers, prosecutors and the court system.

"I want to get the result people can see now and I want to work with motorcycle drivers," he said.
----------------------------
South Carolina
ABATE of SC: http://abatesc.org/web/

Myrtle Beach Exhaust Ordinance
Thursday, 17 June 2010 12:28

As everyone knows the Supreme Court of South Carolina invalidated many of the anti-motorcyclists ordinances passed by the City of Myrtle Beach . However a few of the ordinances remain, one of which is the exhaust ordinance. Myrtle Beach has passed an exhaust ordinance which is far stricter than that enacted by the state legislature. The result of this is that motorcyclists whose exhaust systems are legal everywhere else in the State of South Carolina can be ticketed in Myrtle Beach and in some instances have their property confiscated.

On Tuesday, The Law Offices of Tom McGrath filed suit in Horry County asking that the court find the ordinance to be unconstitutional and therefore invalid. The plaintiff�s in the law suit are numerous residents of the City of Myrtle Beach as well as ABATE of South Carolina, Inc. and ABATE of South Carolina, Inc., Horry County Chapter.

As always thank you for supporting the rights of motorcyclists everywhere. I will provide updates as the information becomes available.

Matt Danielson
Tom McGrath's Motorcycle Law Group
Virginia Coalition of Motorcyclists
1-800-321-8968

NOTE: Summons and Complaint FILED-06.15.10.
PDF 10 pages:
http://abatesc.com/web/attachments/325_Summons_and_Complaint_FILED_-_06.15.10.pdf

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS

Ride 2 Repeal . COM - How to Build a Biker-Friendly Legislature - http://b4bs.net/
Monday, June 21, 2010

Stopping Power
We are putting the brakes on helmet laws. That takes stopping power, and that's exactly what the RIDE2REPEAL.COM approach is all about. To better explain this, let's use a "panic stop" as an example.

Imagine you're riding along, minding your own business. Suddenly there's a deer in the road, right in front of you. Unless you hit the brakes pronto, you're going to get a face full of deer salad sandwich.

So you do what comes natural. You plant both feet on the ground and try to drag yourself to a stop. But there's just one problem ... it's not very effective. Sure, you'll eventually stop, but you can't generate enough friction to avoid hitting Bambi.

Fortunately, your ole' lady is on the back of the bike, and you're damn glad she's a "big beautiful woman." So you both dig in your heels. After all, there's strength in numbers, right?

But again, same problem. Not enough stopping power.

Let's suppose you planned ahead, because you knew it was deer season again. Happens same time every year, so why not be prepared?

This time you have a trailer on your bike. And on board you have a few people who are doing everything they can to stop the whole complicated careening contraption.

Some folks are dragging sticks on the ground, while others are throwing ballast overboard. Fortunately the bike trailer has some real thinkers on board, too. They brought a PA system, and they're calling for all passers-by to help stop the crazy train.

And since you now have a sidecar too, other folks are reaching up front to "help" by grabbing the handlebars, or even throwing themselves in front of the tires. Even your mother-in-law is there, giving you driving tips in that charming "I told you so" way she has. Every little bit helps, you would think.

Of course we all know about brake levers and brake pedals. And most of us know that the front brake has 80% of your stopping power. Just one finger of squeezing or one tap of the toe ... in the right place at the right time ... will do more than all the hollering and stick dragging in the world.

The helmet law is a lot like that deer in the road, inconveniently right in your face. And working for biker-friendly candidates during the upcoming election is just like the braking system. It works really well, but only if you use it.

To break it down even further, there are different kinds of volunteering, just like there are different kinds of brake controls. If you knock on doors and make phone calls, it's like using the rear brake. Pretty good in most situations, and definitely the best to use when you're at the very end of the ride.

The real power comes from the other kind of volunteering, and that's delivering campaign signs. Mainly, because it's so easy to do. Just get a list of addresses and a box of signs. Then it's just going for a ride to deliver them, not unlike a poker run. Find the house, pop it into the ground, and ride off to the next one.

Yeah, we've been fighting the helmet law the good ole' fashioned way for DECADES. And if we keep dragging our feet and hollering at bystanders, we're going to keep winding up as "Deer John" at the end of the day. It is time for a totally new approach.

Bottom line: If you do nothing but campaign work, you will repeal the helmet law. But if you do everything EXCEPT campaign work, you will not.

It's easy to get started. Just visit RIDE2REPEAL.COM and click on the ELECTIONS tab at the top of the page. (Don't see it? Click HERE.)

Select your state from the menu, and click on the GREEN candidate's name. This is someone who supports adult helmet law repeal, plain and simple. Clicking will take you to their campaign website, where you can enlist as a volunteer. Help them win, and get one step closer to restoring your rights.

Now who's hungry for some venison?

- RIDE2REPEAL@gmail.com
Posted by Sturdi at 1:32 PM
-------------------------------------------
www.traffictechnologytoday.com/news.php?NewsID=22710

License plate cameras log 200 journeys per UK motorist
23 June 2010

The UK Government�s vehicle license plate recording system has approximately recorded the last 200 journeys by every vehicle owner in the country. This information comes following the release of data obtained by the Automatic Number Plate Recognition database (ANPR), which comprises a network of 4,000 cameras.

The database � which contains 7.6 billion records � is updated with 14 million license plate images per day, equating to every one of the 38 million UK motorists being logged by approximately 200 images.

In the 1990s, the system was deployed as a means of monitoring traffic but former Home Secretary, Jacqui Smith, relaxed the rights to the information in 2008. The traffic aid has now progressed to more than just catching speeding motorists and is also used to detect uninsured drivers, for fighting terrorism, and for catching untaxed and stolen vehicles.

Once collected, the data can remain on record for up to five years, which, it is argued, will cause concern for those who are worried about their details getting into the wrong hands.

NOTE:
AAMVA Region II Conference Presentations Now Available Online www.aamva.org/Publications/TWiR/2010/Month06/Day28/RegIIPresentations.htm

License Plate Readers: Success & Expanding Technology Presentation: License Plate Reader - Florida Update/Boyd Walden, Florida

PPT 27 pages:
http://www.aamva.org/aamva/DocumentDisplay.aspx?id={631E59B1-F926-4757-96BB-580720734BEC}

****************************************************************************

If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

www.newyorkfreedomriders.com
New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"

National Bikers' Rights :: Sputnik has passed away

Author: MissPenny
Subject: Sputnik has passed away
Posted: Thu Jun 24, 2010 3:36 pm (GMT -4)
Topic Replies: 1

Sputnik passed away this morning from massive heart failure. The Biker Nation and our country have lost a true Warrior and a man of extraordinary character. A brave man that stood for justice and freedom, no matter the cost.

I will post additional info as I get it.
_________________
Penny Adams
Virginia Freedom Riders - Legislative Officer

"Government is too big and too important to be left to the politicians."
Chester Bowles (1901 - 1986)

Events :: POKER RUN JULY 17, 2010

Author: Sharon
Subject: POKER RUN JULY 17, 2010
Posted: Wed Jun 23, 2010 12:01 pm (GMT -4)
Topic Replies: 1

ABATE of VA, Culpeper Chapter will host a poker run Saturday, July 17, 2010. Sign up at the Cycle Center, 13388 Lovers Lane, Culpeper, VA
from 10:00 to 11:00 a.m. 100 mile scenic ride (no dirt roads), ending in Amissville, VA, with food and beverages available at ride end. $15 per hand, cash prizes! Call Sharon 540-937-3924 for more info

Come help us celebrate Andy's birthday with The Ronnie Johnson Band, bonfire, and camping also at ride end
_________________
Sharon Keaton
VA Freedom Riders
ABATE of VA

New York Freedom Riders :: NY Legislation/news- 6/11/10

Author: karen
Subject: NY Legislation/news- 6/11/10
Posted: Fri Jun 11, 2010 9:46 am (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -6/11/10

NEW YORK LEGISLATION UPDATES:

Helmet, Motorcycle, Gang: no updates
Senate Committee Agendas have not been posted.

Rights

S6005A [A6468C] UPDATE
Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition
Status:
06/08/2010 1ST REPORT CAL.839
06/09/2010 2ND REPORT CAL.
06/10/2010 ADVANCED TO THIRD READING
-------------------------------

NEW YORK NEWS

IMMEDIATE RELEASE
New York Freedom Riders
www.newyorkfreedomriders.com
June 10, 2010

New York State and Local Law Enforcement Forcing Motorcycle Helmet Manufacturer Standards onto the Consumer

New York State law enforcement agencies have started their motorcycle only checkpoints and one of the main things they will be looking for is non-compliant helmets. New York State Police Acting Superintendent John P. Melville stated in a press release that ��We know that the primary cause of a motorcycle fatality is a head injury, therefore we will seek to ensure every rider, every time, has a proper DOT compliant helmet." (1) Currently Chief Peter Miller and Lt. James Halvorsen are training local law enforcement agencies on motorcycle laws along with how to identify compliant helmets. New York State law enforcement can not determine if a helmet is compliant just by looking at it.

The National Highway Traffic Safety Administration or the Department of Transportation does not approve helmets or have the authority to certify helmets.(2) The Department of Transportation is only authorized to determine if a helmet meets manufacturer standards by randomly purchasing a helmet from the marketplace and having it tested at independent test labs. The DOT does not test any helmet after the point of sale because once a helmet is sold to the consumer it becomes the private property of that person and is no longer subject to federal manufacturing requirements. If DOT does not have regulatory authority after the point of sale, it can not pass authority to any state or local governments to determine if a helmet meets manufacturer standards.

The New York Freedom Riders contacted over thirty police and sheriff departments requesting if they had any motorcycle helmet recall notices, any laboratory tests for motorcycle helmets or any NHTSA formal certifications on non-compliant motorcycle helmets. We were unable to find one police department in possession of this information. (3)

The New York Freedom Riders feel New York State Law Enforcement does not have the authority to force manufacturer standards onto the consumer and should cease pulling over motorcyclists because they feel the helmet worn is illegal. Motorcycle helmets do not have to have a DOT sticker, a certain amount of padding or labels inside the helmet. If the consumer chooses to remove any of these items, they have that right because it is their private property.

We would like to remind all motorcyclists never to consent to a voluntary search of your person or bike, or take off your helmet. If law enforcement requests to look at your helmet, ask them for a search warrant. Many times an officer will persist or will say to you something similar to �if you don't have anything to hide, why object to a search?". This should be met with the response that you do not consent to any searches of your private property. (4)

For further information visit our website at: www.newyorkfreedomriders.com or email us at: nyfreedomriders@localnet.com .

(1) www.nydmv.state.ny.us/press/pr060310.htm
(2) http://www.nhtsa.gov/cars/rules/import/FAQ%20Site/pages/page3.html
(3) http://www.newyorkfreedomriders.com/FOIL.htm
(4) http://www.newyorkfreedomriders.com/MCckpntURrghts.htm

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES

MN- From ABATE of Minnesota: www.abatemn.org/news/new-vertical-plate-law-812010

New Vertical Plate Law 8/1/2010
A Victory for Custom Motorcycle Riders and Builders in Minnesota

Some of you may remember that the Minnesota State Patrol brought some concerns about vertical license plates to the Minnesota Legislature during the 2008 session. The state patrol, like many other police agencies, use license plate scanners in their patrol cars that can read up to 1,000 plates per minute, the problem was they couldn't read the vertical plates on motorcycles or cars. It didn't take too much to sneak this law through and after the 2008 session vertical plates were illegal, but not for long.

Our State Coordinator got together with A.B.A.T.E. of Minnesota's lobbying team and they started to work the problem. That is when our good friends State Senators Amy Koch and Ray Vandeveer stepped forward to carry our bill.

This wasn't an easy slam dunk, the state patrol didn't want to give up its ability to read motorcycle plates and Mack didn't want the custom bike folks to lose the right to trick out their rides. It took a lot of creative thinking to come up with a solution, but in the end that's what happened. The new law hit the Governor's desk and he signed it into law. We should also send out a special word of thanks to Senator Steve Murphy for helping move this bill through his Transportation Committee.

Here is how it works. The DVS will start to offer vertical reading license plates. You will be able to mount these plates in vertical license plate brackets and law enforcement's scanners will still be able to read them. If you have something to hide from the law it doesn't matter what kind of plate you are running and I can't help you. Riders can start placing orders with the DVS in July and the new law will take effect August 1st. The plates can be ordered just like vanity plates, veteran plates, etc. You will have to pay an extra fee for the plate but if you run vertical plates these new vertical reading plates should keep you out of trouble and if you sell the bike you can keep the plate for your next custom ride.

There are a couple of lessons to be learned from this whole experience. The first is pretty simple; it pays to have friends down at the State Capitol. Those letters, emails, and personnel contacts have really paid off and having 1,000 boots on the ground for Bikeday helped make a difference as well.

The second lesson, guard well your freedom, once gone its hell to get back. The bottom line is we need to keep a full time presence at the Capitol so pesky little laws like this one don't fly under our radar. You can change a law back but you always seem to lose a little bit of freedom when you do.

Please feel free to contact me with any questions or comments and thank you for supporting freedom of the road.

Todd Riba
A.B.A.T.E. of MN Legislative Director
952-239-0929
--------------------------------------------------------
From New Hampshire Motorcycle Rights Organization: http://www.nhmro.org/index.html

$100,000 Taken from the Motorcycle Education Fund to Help Balance State Budget

June 10, 2010: It has come to our attention that $100,000 has been taken from the Motorcycle Education fund in order for the State to balance the budget. Keep in mind that $5 of your motorcycle license fee goes towards this fund and $1 of your registration fee for the purpose of funding the Motorcycle Rider Training program. The training program is currently offered at a price that allows for attracting as many people as possible. NHMRO has been a strong advocate of this training program as a means to increase motorcycle safety for our motorcyclists.

Given the amount of motorcycle accidents and fatalities that have occurred already in 2010, we must not allow this to happen. The money raised through our license and registration fees must go directly to purpose it was intended for and no other. We can not stand idle and watch the most effective tool used for our safety be threaten by lack of funding - funding that we already have and will continue to pay through the fees already mentioned.

It is crucial for all of the motorcyclists in New Hampshire to pay close attention to the list of candidates that will be running for office this next term. Contact them to see where they stand on protecting your rights as motorcyclists. We are a very politically savvy group of "bikers" here in New Hampshire - let's not let these things happen again.
-----------------------------------------------------------------------
www.traffictechnologytoday.com/news.php?NewsID=22338
Oklahoma to deploy phototicketing cameras statewide

The US state of Oklahoma is preparing an unprecedented statewide deployment of automated ticketing machines designed to generate US$95 million in revenue. Instead of using red light cameras and speed cameras, the Oklahoma Department of Public Safety (DPS) is preparing to sign a contract with a company that will track all passing motorists with a network of at least 20 ALPR cameras. The devices would also generate additional revenues by issuing US$250 citations for expired insurance using the Oklahoma Compulsory Insurance Verification System (OCIVS) database that went live in July 2009.

The proposal includes a requirement for the ability to keep daily statistics and related data on vehicles for which license plate data was captured, which could include logging the date, time, and location any particular vehicle passes a stationary camera. The two largest red light camera vendors, Australia�s Redflex Traffic Systems and American Traffic Solutions (ATS), offer a nationwide tracking service that uses automated ticketing machines. ATS has filed a bid for the Oklahoma contract along with several other companies including InsureNet.

The winning company would install, test, maintain and operate the cameras. It would mail tickets to vehicle owners. It would run a toll-free hotline and conduct hearings where motorists would contest camera tickets before a camera company employee instead of a judge. It would also collect fines and generate statistics. In return for the right to issue tickets, the company would pay DPS a bounty on each citation collected.

9 June 2010
-------------------------------------------------------

SC- Myrtle Beach Helmet law DEFEATED! June 8, 2010
Read opinion:
26825 - Aakjer, et al v. City of Myrtle Beach http://www.judicial.state.sc.us/opinions/displayOpinion.cfm?caseNo=26825

From ABATE of SC: http://abatesc.org/web/
Myrtle Beach: Helmet "Encouraged" signs
Written by Fred
Thursday, 10 June 2010 21:23

Instead of taking down the helmet required signs, they modified the signs with "required" replaced by a sticker that says "encouraged". [Picture of sign at website: wording- City of Myrtle Beach- Helmet Encouraged]
------------------------------------------------------

www.ama-cycle.org/news/story.asp?id=2017
Utah Highway Patrol speaks out regarding motorcycle checkpoint Posted June 9, 2010

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.

Below is the statement provided by the Utah Highway Patrol on June 9 regarding the incident:

Thank you for your correspondence to the Utah Highway Patrol in reference to our checkpoint in Tooele County during Memorial Weekend. We have been receiving on a daily basis correspondence from our constituents and from people from all over the United States in regards to this checkpoint. Many were upset and others just wanted to know the reason behind our educational checkpoint. We will provide you a copy of the correspondence we have been utilizing to respond to our constituents. Please feel free to forward our response to the motorcyclists who attended the event and are inquiring about it. In our response, we provide an explanation for our actions, our intentions and an apology for our honest intent. Even though we conducted this checkpoint during Memorial Weekend to educate and save lives, we still had only one fatal accident in the entire State of Utah during the holiday and it was a motorcycle rider. Let me know if you need anything else but I think our response answers most of your questions.

Thank you for your correspondence to the Utah Highway Patrol. I've been asked to reply to your concerns regarding the traffic checkpoint on Sunday, May 30th in Tooele County. First let me apologize for any inconvenience we may have caused you or anyone attending the racing event on Sunday afternoon. We had targeted Memorial Day Weekend to do our best to keep the number of fatalities in Utah down. We identified three factors which lead to many deaths in Utah and wanted to try and make an impact on these factors. The areas we were focusing on were DUI enforcement, occupant restraint and motorcycle education. On Friday and Saturday night the Highway Safety Office conducted a DUI checkpoint in Utah and Davis Counties with the Utah Highway Patrol participating. On Sunday a motorcycle checkpoint was conducted in Tooele County.

The intent of the checkpoint was to redirect as many motorcycles as there were officers participating (7-10), to the side and have a brief (a few minutes) discussion about motorcycle safety issues such as proper displacement, helmets, equipment, and safety of the motorcycle. If 7-10 motorcycles were pulled over then all other motorcycles and passenger vehicles were allowed to travel through without interruption as well. It appears that many motorcycles did not understand they could travel through and stopped. According to the operations plan this was not suppose to create a burden for motorists and was not to be time consuming for motorcycle operators. The checkpoint started at 3 PM and went well for over an hour until the major event ended and a tremendous volume of traffic hit the checkpoint around 4:30 PM. We obviously underestimated the number of vehicles and created an unexpected large back up for motorists. When it became apparent the checkpoint was creating a large traffic backup it was opened immediately. At 5:12 PM the all signs were pulled out of the road and the checkpoint was in the beginning stages of being taken down. It was then determined that because of the amount of traffic, it would create a burden to the public, and the checkpoint was not re-established and canceled for the remainder of the night.

Please forgive us for our oversight. It was certainly not our intent to bring a negative aspect to the tremendous event being held in Tooele County, or to our state. Our intention was to educate riders on safety issues and try our best to reduce the rising rate of deaths on Utah roadways from motorcycle riders. The rate of deaths of Utah motorcycle riders is the only fatality rate which is increasing while every other category is decreasing. We would never do anything intentionally to put a negative spin on such an event as this. It was an honest attempt to try and focus on motorcycle operator's safety. Please rest assured, this has been a learning experience for our agency and it will not happen again.

Sincerely,

Sgt. David Moreno
Utah Highway Patrol
-------------------------------------------------------------
http://www.vcjtc.state.vt.us/highwaysafetytrack.htm

Vermont now has "motorcycle safety and enforcement training workshop" for law enforcement listed under �Motor Vehicle & Highway Safety Training� [motorcycle only safety checkpoints/roadblocks]

The instructor training information has been pulled.

Vermont: http://www.vcjtc.state.vt.us/motorcycle.htm
NOTE: LINK NO LONGER WORKS

MOTORCYCLE SAFETY & ENFORCEMENT TRAINING � Instructor training: Length of course: 2 days / Course hours: 16 hours
Location: Vermont Police Academy
Date/Time: March 30 & 31, 2010 / 0800-1630 hrs.
Tuition � Commuting student cost $35.50

- Overnight student cost $71.00
- Course materials are Grant funded.

Registration: Contact the VT Police Academy / In-service training application required and fax to 802-483- 2343.

Pre-Requisite for Enrollment: This class is open to experienced police officers who are preferably motorcycle riders and want to teach motorcycle safety. *Please bring a copy of your Title 23 for reference if you have one, if not copies and a motorcycle inspection manual will be provided at the class. Minimum number to hold class: 10 / Maximum number in class: 18 Course info�Despite our best efforts motorcycle fatalities around the country continued to rise. There were 5,290 fatalities in 2008, which rose two percent over the 5,174 in 2007, and 96,000 motorcyclists were injured in 2008. Vermont reports 37 % of their motorcyclist killed were .08 % BAC or greater. Motorcycle fatalities continue to rise across the country for the twelfth straight year.

The workshop is intended for police, highway safety officers, traffic enforcement personnel and commanders, and others working in the area of motorcycle safety. Specifically, it is for personnel who are likely to:

1) Train other police officers on motorcycle enforcement issues within their jurisdiction;
2) Plan, sponsor, and implement motorcycle safety and prevention program for community law enforcement projects; and/or,
3) Are involved in motorcycle safety training, public education and conducting traffic safety enforcement details.

This workshop will introduce you to national and state specific motorcycle enforcement issues and best practices to reduce motorcycle fatalities and injuries. Specific enforcement issues to be covered are as follows:

� Officer & Motorcyclist Safety
� Strategies for Stopping Motorcycles & Avoiding Pursuit
� Motorcycle Laws
� DUI/Impairment Detection
� Licensing � Motorcycle Endorsements
� Required Motorcycle Equipment
� Non-compliant helmet

This material will be covered through an active training workshop environment. We will use a variety of formats that encourage discussion and participation that will take advantage of the experiences of the participants. On day two each trainer participant prepares themselves to share the course material with their fellow officers by presenting a portion of the course, and leave with the resources to address community motorcycle public education issues.

Materials for this project are supported by cooperative agreement DTNH22-07-H-000160/003 awarded by the Department of Transportation (DOT) National Highway Traffic Safety Administration (NHTSA).
Grantee: International Association of Directors of Law Enforcement Standards and Training (IADLEST) www.iadlest.org

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS

Medical and Economic Cost of North Dakota Motor Vehicle Crashes May 2010 PDF 25 pages: http://www.ugpti.org/pubs/pdf/DP225.pdf

-----------------------------------------------------------
Fatality Analysis Reporting System (FARS) Data Resource Websites Enhancements June 9, 2010

The U.S. National Highway Traffic Safety Administration�s National Center for Statistics and Analysis has made a series of navigation enhancements to its FARS data resource websites that now more easily allow users to find and access information included in the Customer Automated Tracking System (CATS), the FARS Encyclopedia Reports and Query sites, and the State Traffic Safety Information (STSI) website.

http://www-fars.nhtsa.dot.gov/Main/index.aspx

****************************************************************************

If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

www.newyorkfreedomriders.com
New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"

New York Freedom Riders :: NY State/Local LEO Forcing mc Helmet Manufacturer Standards

Author: karen
Subject: NY State/Local LEO Forcing mc Helmet Manufacturer Standards
Posted: Thu Jun 10, 2010 8:09 pm (GMT -4)
Topic Replies: 0

IMMEDIATE RELEASE
New York Freedom Riders
www.newyorkfreedomriders.com
June 10, 2010

New York State and Local Law Enforcement Forcing Motorcycle Helmet Manufacturer Standards onto the Consumer

New York State law enforcement agencies have started their motorcycle only checkpoints and one of the main things they will be looking for is non-compliant helmets. New York State Police Acting Superintendent John P. Melville stated in a press release that ��We know that the primary cause of a motorcycle fatality is a head injury, therefore we will seek to ensure every rider, every time, has a proper DOT compliant helmet." (1) Currently Chief Peter Miller and Lt. James Halvorsen are training local law enforcement agencies on motorcycle laws along with how to identify compliant helmets. New York State law enforcement can not determine if a helmet is compliant just by looking at it.

The National Highway Traffic Safety Administration or the Department of Transportation does not approve helmets or have the authority to certify helmets.(2) The Department of Transportation is only authorized to determine if a helmet meets manufacturer standards by randomly purchasing a helmet from the marketplace and having it tested at independent test labs. The DOT does not test any helmet after the point of sale because once a helmet is sold to the consumer it becomes the private property of that person and is no longer subject to federal manufacturing requirements. If DOT does not have regulatory authority after the point of sale, it can not pass authority to any state or local governments to determine if a helmet meets manufacturer standards.

The New York Freedom Riders contacted over thirty police and sheriff departments requesting if they had any motorcycle helmet recall notices, any laboratory tests for motorcycle helmets or any NHTSA formal certifications on non-compliant motorcycle helmets. We were unable to find one police department in possession of this information. (3)

The New York Freedom Riders feel New York State Law Enforcement does not have the authority to force manufacturer standards onto the consumer and should cease pulling over motorcyclists because they feel the helmet worn is illegal. Motorcycle helmets do not have to have a DOT sticker, a certain amount of padding or labels inside the helmet. If the consumer chooses to remove any of these items, they have that right because it is their private property.

We would like to remind all motorcyclists never to consent to a voluntary search of your person or bike, or take off your helmet. If law enforcement requests to look at your helmet, ask them for a search warrant. Many times an officer will persist or will say to you something similar to �if you don't have anything to hide, why object to a search?". This should be met with the response that you do not consent to any searches of your private property. (4)

For further information visit our website at: www.newyorkfreedomriders.com or email us at: nyfreedomriders@localnet.com .

(1) www.nydmv.state.ny.us/press/pr060310.htm
(2) http://www.nhtsa.gov/cars/rules/import/FAQ%20Site/pages/page3.html
(3) http://www.newyorkfreedomriders.com/FOIL.htm
(4) http://www.newyorkfreedomriders.com/MCckpntURrghts.htm

http://www.newyorkfreedomriders.com
New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"

New York Freedom Riders :: NY Legislation/news- 6/04/10

Author: karen
Subject: NY Legislation/news- 6/04/10
Posted: Fri Jun 04, 2010 9:43 am (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -6/04/10

NEW YORK LEGISLATION UPDATES:

Helmet, motorcycle: no updates

Rights

On Senate Codes agenda June 8, 2010
S6005A [A6468C]
Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition

On Senate Transportation agenda June 8, 2010
S6789 [A10014]
Requires the suspension of a driver's license for an accident caused by the failure to yield the right of way and such failure results in the death of a person
-------------------
Gang

A11087 [no same as] - UPDATE
AN ACT to amend the executive law, in relation to establishing a gang assessment, intervention, prevention and suppression program
Status: 06/03/2010 reported referred to ways and means
-------------------------------

NEW YORK NEWS

www.cbs6albany.com/news/police-1274364-troy-music.html

Beware blasting music from cars in Troy: police begin crackdown
May 28, 2010 2:35 PM

TROY -- Troy Police are warning residents that they will be issuing tickets beginning this weekend to those who play loud music from their vehicles and violate noise ordinances.

Police will be utilizing sound meter technology, issuing tickets and towing vehicles in violations of the ordinance; police will also be cracking down on noise-enhanced mufflers on motorcycles.

""As the better weather is upon us the problem of loud music emanating from vehicles can affect the quality of life in our neighborhoods," said Troy Police spokesperson Sgt. Terry Buchanan."We take this issue seriously, as we know our residents do, and are committed to help maintaining peace and quiet."
---------------------------------
DMV
www.nydmv.state.ny.us/press/pr060310.htm
FOR IMMEDIATE RELEASE:
Thursday, June 3, 2010

JUNE IS MOTORCYCLE SAFETY AWARENESS MONTH
Motorists and Riders Urged To Be Safe and Share the Road

In 2008, there were nearly 5,400 motorcycle crashes in New York State. Motorcycle fatalities increased by almost nine percent from 2007 to 2008, although preliminary data does show a decrease in motorcycle fatalities between 2008 and 2009. The second most common factor in these crashes was failure to yield the right of way. Between 2008 and 2009 there was an increase of motorcycle registrations of almost ten percent.

With those statistics in mind, Commissioner David J. Swarts of the Department of Motor Vehicles and Chair of the Governor's Traffic Safety Committee, members of law enforcement and motorcycle safety trainers today held an event in Colonie, New York to remind motorists to watch for motorcycles on the roadways and encourage motorcycle riders to be properly trained.

"With the warmer weather upon us, we see an increased number of motorcycles on our roadways," said DMV Commissioner Swarts. "Riding a motorcycle is more than a hobby and bikes are not toys. They are as much a part of our transportation system as are cars and trucks. We also remind motorists to watch out for motorcycles and encourage motorcyclists to get proper training so they can be prepared for every ride."

"We provide protection for all of the motoring public, however, there are times when we need to concentrate our efforts at specific times and places to maximize safety," said New York State Police Acting Superintendent John P. Melville. "With the warmer weather, the traffic mix will certainly include more motorcyclists. By their very nature these highway users are not afforded the protection of a typical car or truck, therefore we are asking the public to "look twice for motorcycles". And just as we ask the public to ensure their seatbelts are fastened, with our "Click It or Ticket" campaign we also want to emphasize to the motorcycling community that we take the same zero tolerance approach with non-compliant DOT helmets. We know that the primary cause of a motorcycle fatality is a head injury, therefore we will seek to ensure every rider, every time, has a proper DOT compliant helmet."

In 2008, more than 14,500 students were trained in the Basic Rider Course statewide. The course is a 15-hour training program including classroom and on-motorcycle instruction. It is designed for beginner and re-entry riders and allows them to learn or review basic riding skills.

Since the DMV began offering the road test waiver benefit in 1996, more than 100,000 motorcyclists have taken the Basic Rider Course in New York State. Approximately one quarter of all new motorcycle licenses issued in 2008 were earned by completing the Basic Rider Course.

As part of its continuing effort to encourage motorcyclists to participate in appropriate training the DMV recently completed a DVD entitled "Learning is For Life" which was also introduced at today's event. The 5-minute video was produced for the Department in cooperation with the Governor's Traffic Safety Committee with funding from the National Highway Traffic Safety Administration. It is intended for use by traffic safety professionals, traffic safety boards, law enforcement, motorcycle rider organizations, motorcycle dealerships and other organizations that interact with motorcyclists on a regular basis. This expansive network will be able to screen the video at public events, as part of traffic safety initiatives and other venues where motorcyclists can be reached and encouraged to enroll in rider education.

More information on motorcycle safety can be found by visiting the DMV's Web site at nysdmv.com or the Governor's Traffic Safety Committee Web site at SafeNY.com. To view the 'Learning is For Life' video, please visit nysmsp.org. ### ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES

Maine:
http://www.mecalm.org/
Maine Citizens Against Loud Motorcycles

MAINE STATE POLICE MAKE CONVICTIONS EASIER FOR MOTORCYCLE EXHAUST TAMPERING

Several MECALM activists met on May 18, 2010 with Col. Patrick Fleming, head of the Maine State Police, and Lt. Brian Scott, who heads traffic safety. Lt. Scott passed out copies of a revision to Sec. 1. 29-A MRSA 1912, sub-1, which will go into effect in July 2010. Under the muffler requirement (3. Amplification prohibited) the words "to amplify" have been removed from the state inspection regulations.

Lt. Scott said that this will increase the likelihood of getting a conviction in court because it will no longer be necessary to show that the violator modified the exhaust with the specific intent to amplify noise.

Col. Fleming said he would explain this change in regulations at a June 2010 meeting with the Maine Chiefs of Police Association.

It's possible this seemingly minor change will encourage police chiefs and sheriffs to increase efforts to enforce laws that are supposed to regulate motorcycles. Police are clearly unwilling to bring cases that will likely be thrown out in court.

Lt. Scott was to make a presentation on the rule changes to the Maine Chief of Police Association in June, and was to inform all state troopers via email.

MECALM asks all police departments to consistently enforce Maine state law, which makes it illegal to remove, modify, or tamper with a bike's original muffler in a way that makes it louder.
--------
NOTE: http://www.mainelegislature.org/legis/bills/bills_124th/chapters/PUBLIC639.asp

An Act Relating to Road Noise
Be it enacted by the People of the State of Maine as follows:

Sec. 1. 29-A MRSA �1912, sub-�1, as enacted by PL 1993, c. 683, Pt. A, �2 and affected by Pt. B, �5, is amended to read:

1. Muffler required. A person may not operate a motor vehicle unless that vehicle is equipped with an adequate muffler properly maintained to prevent excessive or unusual noise. For purposes of this subsection, �excessive or unusual noise� includes motor noise emitted by a motor vehicle that is noticeably louder than similar vehicles in the environment.

Sec. 2. 29-A MRSA �1912, sub-�3, as enacted by PL 1993, c. 683, Pt. A, �2 and affected by Pt. B, �5, is amended to read:

3. Amplification prohibited. A person may not operate a motor vehicle with an exhaust system that has been modified [to amplify- removed] when the result of that modification is the amplification or increase [the-removed] of noise emitted by the motor above that emitted by the muffler originally installed on the vehicle.

Sec. 3. Working group; excessive highway traffic noise. The Department of Public Safety, Bureau of State Police shall convene a working group to study issues relating to highway traffic noise, including, but not limited to, unwarranted noise created when an exhaust system is not properly installed or maintained or is altered. The working group must include representatives from municipal and county law enforcement, a commercial motor carrier association, the Department of Transportation, the Maine Turnpike Authority and a neighborhood or neighborhood association affected by highway noise. The working group shall submit a report, including findings and recommendations, to the joint standing committee of the Legislature having jurisdiction over transportation matters no later than January 15, 2011.

Effective July 12, 2010
------------------------------------------------------------------------
Taken from Rhode Island Motorcycle Association:
http://www.rimotorcycle.com/index.php

NEWS

5/30/10 Woonsocket to give verbal warnings for loud noise violations, however after June 14th expect to be ticked. First offense $100. New Police Chief brags about hundreds of tickets handed out in Florida while he was there. See our legislative page for link to actual ordinance.

Woonsocket- noise:
Sec. 14-5. Noise.

Vehicles as used in this section shall be those as defined in Rhode Island General Law 31-1-3.
(b) In accordance with Rhode Island General Law 31-23-13, it shall be unlawful for any motor vehicle to operate without a muffler.
------------------------------------------------------------------------
WI-Green Bay PD
http://www.gbpolice.org/news/cutenews/show_news.php?subaction=showfull&id=1275054366&archive=&template=rightheadlines

GREEN BAY POLICE DEPARTMENT
OPERATIONS DIVISION

****PRESS RELEASE****
Lt. Bradley R. Florence
920-448-3217

Date: May 28, 2010
Re: Loud Muffler Enforcement

The City of Green Bay is receiving an increased level of complaints on loud vehicle mufflers, especially motorcycle mufflers. The Green Bay Police Department is responding by providing extra training and information to its officers to increase the enforcement of the loud muffler ordinance.

Excessive noise from motor vehicles is a serious health hazard to the public health, and welfare, safety, and quality of life. Citizens have a right to and should be ensured of an environment free from excessive noise that may jeopardize their health, welfare, and safety, or degrade their quality of life

Officers will be stepping up enforcement of loud or illegal vehicle mufflers on vehicles traveling on Green Bay streets, and issuing citations where appropriate.

The City of Green Bay ordinance defines an illegal muffler as any muffler equipped with a muffler cutout, bypass, or similar device; or any muffler that allows unreasonably noise, smoke, or flame. In addition, any motorcycle manufactured after December 31, 1982, that is not equipped with a exhaust muffler bearing the Federal EPA required labeling applicable to that motorcycle�s model year.

The Green Bay Police Department is also encouraging the public to assist in identifying vehicles with illegal mufflers. Anyone can go to the Green Bay Police Department website at WWW.GBPOLICE.ORG, click on the �Online Services� tab, and then click on the �Loud Vehicle� tab, fill out as much information about the vehicle and submit. This form can also be printed out and submitted personally or by mail at the Green Bay Police Department, 307 S. Adams St., Green Bay, WI 54301.

All submissions will be investigated, with the offending vehicle owner potentially having their vehicle ordered into the Green Bay Police Department for an inspection. Violations could result in citations up to $500.00 plus court costs.

Posted on 28 May 2010 by pdnews
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS

Toward Understanding the Recent Large Reductions in U.S. Road Fatalities MAY 2010 Last Modified Date: 5/28/2010

The University of Michigan�s Transportation Research Institute has released a report that explores the mechanisms that could be responsible for the unprecedented drop in road fatalities that took place from 2005 to 2009. According to the report, U.S. road fatalities dropped by 22% from 43,510 in 2005 to 33,963 in 2009.

PDF 26 pages:
http://deepblue.lib.umich.edu/bitstream/2027.42/71390/1/102304.pdf
--------------------------
Detecting Motorcyclists and Bicyclists at Intersections
by David R.P. Gibson, Bo Ling, and Spandan Tiwari

A new multisensor system differentiates vehicles on the road, which could save lives.

NOTE:
Taken from: Public Roads Magazine May/June 2010 -- posted on June 1, 2010
http://www.fhwa.dot.gov/publications/publicroads/10mayjun/06.cfm
---------------------

MOTORCYCLE LANE-SHARING
Literature Review
By Myra Sperley, Amanda Joy Pietz
Oregon Department of Transportation, Research Section
June 2010

PDF 27 pages:
http://www.oregon.gov/ODOT/TD/TP_RES/docs/Reports/2010/Motorcycle_Lane_Sharing.pdf
---------------------

Motorcycle Safety Foundation presentations at the International Conference on Safety and Mobility of Vulnerable Road Users in Jerusalem, Israel

The MSF RETS: A System Designed to Succeed
Paper -PDF 35 pages:
http://www.msf-usa.org/vru/MSF_RETS-A_System_Designed_to_Succeed.pdf
Presentation - PDF 64 pages:
http://www.msf-usa.org/vru/VRU_Intl_Conference-MSF_RETS.pdf

Preparing Riders to S.E.E. Better: MSF Tools for Improving Hazard Perception Paper - PDF 29 pages:
http://www.msf-usa.org/vru/MSF_Tools_for_Improving_Hazard_Perception.pdf

****************************************************************************

If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

www.newyorkfreedomriders.com
New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"

New York Freedom Riders :: NY Legislation/news- 5/28/10

Author: karen
Subject: NY Legislation/news- 5/28/10
Posted: Fri May 28, 2010 9:44 pm (GMT -4)
Topic Replies: 0

New York Freedom Riders New York Legislation and news -5/28/10

NEW YORK LEGISLATION UPDATES:

Helmet, motorcycle, rights: no updates
Senate Committee agendas have not been posted.

Gang

On Assembly Codes agenda: June 03,2010
A11087 [no same as]
AN ACT to amend the executive law, in relation to establishing a gang assessment, intervention, prevention and suppression program

Bill text:
AN ACT to amend the executive law, in relation to establishing a gang
assessment, intervention, prevention and suppression program

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

1 Section 1. The executive law is amended by adding a new section 837-s
2 to read as follows:
3 S 837-S. GANG ASSESSMENT, INTERVENTION, PREVENTION AND SUPPRESSION
4 PROGRAM. 1. THERE IS HEREBY CREATED WITHIN THE DIVISION A GANG ASSESS-
5 MENT, INTERVENTION, PREVENTION AND SUPPRESSION PROGRAM TO BE ADMINIS-
6 TERED BY THE COMMISSIONER TO DISTRIBUTE FUNDS IN ACCORDANCE WITH THE
7 PROVISIONS OF THIS SECTION FOR THE PURPOSE OF ELIMINATING THE SCOURGE OF
8 GANG RELATED CRIMINAL ACTIVITY IN NEW YORK STATE.
9 2. THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE, IN COOPERATION
10 WITH ALL LOCAL, STATE AND FEDERAL LAW ENFORCEMENT PERSONNEL, AND THE
11 DISTRICT ATTORNEYS IN NEW YORK STATE, SHALL DEVELOP AND IMPLEMENT A
12 STRATEGY FOR THE SUPPRESSION OF GANG RELATED CRIMINAL ACTIVITY. THE
13 STRATEGY SHALL INCLUDE, BUT NOT BE LIMITED TO, IDENTIFYING AND PROSECUT-
14 ING THE CORE LEADERSHIP OF CRIMINAL STREET GANGS WHO MAY BE VIOLATING
15 FEDERAL, STATE OR LOCAL LAWS, AND COOPERATING WITH ALL FEDERAL LAW
16 ENFORCEMENT AGENCIES AND APPROPRIATE PROSECUTORIAL AGENCIES AND LAW
17 ENFORCEMENT AGENCIES IN OTHER STATES IN THE INVESTIGATION AND ENFORCE-
18 MENT OF OUR PENAL LAWS. DISTRICT ATTORNEYS ARE AUTHORIZED AND DIRECTED
19 TO ENTER INTO COLLABORATIVE AGREEMENTS WITH PROSECUTORIAL AND OTHER
20 GOVERNMENTAL AGENCIES AND ENTITIES IN SUPPLIER STATES IN AN EFFORT TO
21 STOP GANG RELATED CRIMINAL ACTIVITIES IN NEW YORK STATE.
22 3. THE COMMISSIONER SHALL AWARD GRANT MONIES, AS AVAILABLE, TO
23 DISTRICT ATTORNEYS FOR PROGRAMS WHICH ARE DESIGNATED TO STOP GANG
24 RELATED CRIMINAL ACTIVITIES IN NEW YORK STATE. TO QUALIFY FOR SUCH GRANT
25 MONIES, A DISTRICT ATTORNEY MUST SUBMIT AN APPLICATION TO THE COMMIS-
26 SIONER IN ACCORDANCE WITH GUIDELINES PRESCRIBED BY THE DIVISION. THE
27 APPLICATION SHALL AT A MINIMUM:
1 (A) INCLUDE AN ASSESSMENT OF GANG RELATED CRIMINAL ACTIVITIES IN THE
2 TARGETED AREA;
3 (B) OFFER A PLAN FOR STATE INTERVENTION AND PREVENTION OF SUCH ACTIV-
4 ITIES; AND
5 (C) PREVIEW A COORDINATED LAW ENFORCEMENT STRATEGY FOR SUPPRESSION OF
6 GANG RELATED ILLEGALITIES WITHIN THE AFFECTED COMMUNITY. FUNDS AWARDED
7 UNDER THIS SECTION MAY BE USED TO SUPPLEMENT FEDERAL, STATE OR LOCAL
8 FUNDS.
9 4. THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE SHALL ESTABLISH
10 AND MAINTAIN WITHIN THE DIVISION A GANG CLEARINGHOUSE AS A CENTRAL
11 REPOSITORY OF INFORMATION, COMING INTO THE POSSESSION OF ANY STATE OR
12 LOCAL LAW ENFORCEMENT ENTITY, REGARDING ALL CRIMINAL GANGS FOUND TO BE
13 OPERATING WITHIN NEW YORK STATE. THE SUPERINTENDENT OF THE DIVISION OF
14 STATE POLICE SHALL ADOPT AND PROMULGATE REGULATIONS PRESCRIBING REPORT-
15 ING PROCEDURES FOR SUCH STATE OR LOCAL LAW ENFORCEMENT AGENCIES, INCLUD-
16 ING THE FORM FOR REPORTING SUCH INFORMATION.
17 S 2. This act shall take effect immediately.
--------------------------------
NEW:

Bill Number: S07929 [no same as]
Senate Sponsor: GOLDEN
Enacts the criminal street gang enforcement and prevention act; defines offenses; increases penalties; provides for gang prevention programs in schools; and develops a comprehensive approach to protecting public interests from gang related crime and violence.
Status: 05/24/2010 REFERRED TO CODES
Bill text: http://assembly.state.ny.us/leg/?default_fld=&bn=S07929&Summary=Y&Actions=Y&Text=Y
-------------------------------

NEW YORK NEWS:

New York Motorcycle & Scooter Task Force: http://www.nymstf.org/

NYMSTF Dedicated Parking Update May 28 2010
More good news from the Task Force!

We're excited that we have won provisional approval of four out of six of our proposed locations for dedicated two wheel parking in Community Board 4 Manhattan. We're still awaiting the final approved resolution from the Transportation Committee of CB4, so it's possible that there will be changes, but we're confident that any changes to the locations will be minor. We'll keep you updated as we get more information. Our next stop for dedicated two wheel parking will be CB6 in Bklyn. CB3 Manhattan has been patiently waiting and will be coming up soon.

At our next meeting we plan to do some work around the NY State traffic law governing eye protection and the ambiguities within it which allow overzealous policing. Our goal will be drafting revisions to the legislation which will put an end to this practice. Some of our other long term goals include a lanesplitting/filtering bill, a program to reduce unlicensed riders, creating a rider census, and exploring the feasibility of offering free rider training for all City Council members as a means of fostering respect and mutual understanding.

Cheryl Stewart
NYMSTF President

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UPDATES

Payette, ID: New Gang Ordinance
Wording:

http://www.sterlingcodifiers.com/codebook/index.php?book_id=822

Disclaimer:
This is provided for informational purposes only. The formatting of this ordinance may vary from the official hard copy. In the case of any discrepancy between this ordinance and the official hard copy, the official hard copy will prevail.

CITY OF PAYETTE, IDAHO
ORDINANCE NO. 1315

AN ORDINANCE OF THE CITY OF PAYETTE, IDAHO, ADOPTING A NEW CHAPTER 9.65 OF THE PAYETTE MUNICIPAL CODE PROHIBITING GANG ACTIVITY IN THE CITY LIMITS; ADOPTING DEFINITIONS ENUMERATED BY THE STATE OF IDAHO; PROHIBITING THE USE OR DISPLAY OF GANG SIGNS, COLORS, EMBLEMS OR INSIGNIA; PROVIDING FOR A SEVERABILITY CLAUSE; ESTABLISHING A REPEALER CLAUSE; ESTABLISHING A PENALTY; ALLOWING FOR PUBLICATION IN SUMMARY FORM; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE UPON PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW.

Section 1. Findings of the City Council:

1. The City Council hereby finds and declares that it is the right of every person, regardless of race, color, creed, religious, national origin, sex, age or disability to be secure and protected from fear, intimidation and physical harm caused by the activities of gangs, criminal gangs, violent groups and individuals.

2. It is not the intent of this Ordinance to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The City Council hereby recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.

3. The City Council finds, however, that urban, suburban and rural communities, neighborhoods and schools throughout the State are being terrorized and plundered by gangs. The City Council finds that there are now several gangs operating in Idaho, and that while their terrorism is most widespread in urban areas, gangs are spreading into suburban and rural areas of Idaho, including Payette County.

4. The City Council further finds that gangs are often controlled by criminally sophisticated adults who take advantage of our youth by intimidating and coercing them into membership by employing them as drug couriers and runners, and by using them to commit brutal crimes against persons and property to further the financial benefit to and dominance of the gang.

5. Gang activity presents a clear and present danger to public order and safety and is not constitutionally protected. No society is or should be required to endure such activities without redress. Accordingly, it is the intent of the City Council, by enacting this Ordinance, to prohibit gang related activity.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PAYETTE, IDAHO, AS FOLLOWS:

Section 2. Payette Municipal Code is amended by the addition of a new Chapter 9.65, which section shall read as follows:

Chapter 9.65

GANG ACTIVITY
Sections:
9.65.010 Definitions
9.65.020 Unlawful Display of Gang Affiliation
9.65.030 Unlawful Display for gang recruitment
9.65.040 Unlawful Display to incite violence
9.65.050 Penalty

9.65.010. DEFINITIONS: (A) For the purpose of this Chapter, the definitions of Idaho Code Section 18-8502 are adopted by reference and incorporated hereat by the City as if set out in full verbatim.

(B) B. For purposes of this chapter, a �public place� means the public way or any other location open to the public, whether publicly or privately owned, including but not limited to, any street, sidewalk, avenue, highway, road, curb area, alley, park, playground or other public ground or public building, any common area of a school, hospital, apartment house, office building, transport facility, shop, privately owned place of business to which the public is invited, including any place of amusement, entertainment, or eating place. Any �public area� also includes the front yard area, driveway and walkway of any private residence, business, or apartment house.

9.65.020 It shall be unlawful for any person within the City to use, display or wear colors, emblems or insignia on or about their person in any public place, with the intent of communicating membership in, support of, affiliation, association, identification with any gang.

9.65.030 It shall be unlawful for any person within the City to use, display or wear colors, emblems or insignia on or about their person in any public place, with the intent to recruit any other person into any gang.

9.65.040 It shall be unlawful for any person within the City to use, display or wear colors, emblems or insignia on or about their person in any public place, with the intent to threaten, insult, incite, challenge to fight or invite others to fight.

9.65.050 Penalty. Any person violating this chapter shall be guilty of a misdemeanor and shall be punished in accordance with the misdemeanor statutes of the State of Idaho, and shall be responsible for the City's cost of prosecution including attorney fees incurred by the City. Each day that a violation continues shall be considered a separate offense.

Section 3. This Ordinance may be published in summary form as permitted by the State of Idaho.

Section 4. This Ordinance shall be in full force and effect immediately upon passage and publication as required by the laws of the State of Idaho.

Section 5. Any ordinances or resolutions which are in conflict with this Ordinance are hereby repealed, but only insofar as the conflict exists.

Section 6. If any portion of this Ordinance should be found to be unconstitutional or unenforceable for any reason, the remainder of the Ordinance shall be applied to effectuate the purposes of this Ordinance.

Section 7. Any violation of this Ordinance shall be a misdemeanor punishable by fine and/or imprisonment up to but not exceeding the maximum penalties set forth in Idaho Code � 18-113 and �50-302.

PASSED and APPROVED by the Mayor and City Council of the City of Payette, Idaho this _10___ day of __May____________, 2010.

CITY OF PAYETTE, IDAHO
by____________________JEFFREY T. WILLIAMS, Mayor
------------
NOTE:
TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 85
IDAHO CRIMINAL GANG ENFORCEMENT ACT http://law.justia.com/idaho/codes/18ftoc/180850002.html

------------------------------
Rhode Island

Senate Bill No.2031 SUB A as amended
ENTITLED, AN ACT RELATING TO PUBLIC PROPERTY AND WORKS -- PUBLIC BUILDINGS (would require public buildings to provide designated parking spaces for motorcycles at the rate of one space per total of thirty (30) spaces) {LC171/2/A}
Update:
05/25/2010 Scheduled for hearing and/or consideration 05/25/2010 Committee recommends passage of Sub A as amended 05/25/2010 Placed on Senate Calendar 05/27/2010 Senate passed Sub A as amended 05/27/2010 Referred to House Municipal Government

Bill text http://www.rilin.state.ri.us//BillText10/SenateText10/S2031Aaa.pdf

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NEW REPORTS

Traffic Safety Facts 2008-final edition: A Compilation of Motor Vehicle Crash Data from the Fatality Analysis Reporting System and the General Estimates System PDF 230 pages:

http://www-nrd.nhtsa.dot.gov/Pubs/811170.PDF
-----------------------
NHTSA Provides Funding to Increase the Number of Properly Endorsed Motorcyclists

All states require motorcycle riders to be licensed or endorsed to operate a motorcycle on public roads. However, national data indicate one out of four motorcycle riders (25 percent) involved in fatal crashes in 2008 were riding with invalid licenses at the time of the collision, while only 12 percent of drivers of passenger vehicles in fatal crashes did not have valid licenses. Enacting effective countermeasures to increase the licensure of motorcyclists is a huge challenge for the state highway safety office that requires the cooperation of the state�s licensing authority, agencies collecting and analyzing data, law enforcement, and judicial services. In an effort to develop initiatives that can be implemented in states to increase the number of properly endorsed motorcyclists, the National Highway Traffic Safety Administration (NHTSA) anticipates funding competitive cooperative agreements for a minimum of one year and a maximum of three years. To this end, this cooperative agreement will support the development, implementation and evaluation of up to three program efforts designed to increase the licensure of motorcycle riders. View the grant announcement here http://www07.grants.gov/search/search.do?&mode=VIEW&oppId=54655
or on grants.gov. The closing date for applications is June 17, 2010.

NOTE:
In the "Guidelines for Motorcycle Operator Licensing - May 2009" http://www.aamva.org/aamva/DocumentDisplay.aspx?id={D00966C2-ADF2-4DC0-98F1-BC5E482F708C}

� Unlicensed Riders � Page: [B-81]
Are states able to estimate unlicensed rider population: Yes: 7 / No: 40

****************************************************************************

If you would like to read past New York Freedom Riders "New York Legislation and News", please visit our blog at: http://nyfreedomriders.blogspot.com/

Visit our website for the full list of New York Legislation, studies and reports.

www.newyorkfreedomriders.com
New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"

http://www.newyorkfreedomriders.com
New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"