NCOM NEWS BYTES
compiled and edited by Bill Bish - January 2001
National Coalition of Motorcyclists (NCOM)
FEDS ENDORSE HEALTH CARE DISCRIMINATION For the past
several years, motorcyclists have rightfully believed that we
had won the federally protected right to medical benefits from
our health care providers in the event of an accident. But now,
over four years since bikers from across the country successfully
lobbied Congress to ban health insurance discrimination against
motorcycle riders, new regulations released recently may actually
have the opposite effect.
The original intent of the legislation, the Health Insurance Portability
Act of 1996, was to protect employees from being discriminated
against by being denied coverage ''due to their participation
in activities such as motorcycling, snowmobiling, all-terrain
vehicle riding, horseback riding, skiing and other similar activities,''
according to the Congressional Record from that time.
But on January 5, 2001, the three federal agencies involved in
the rulemaking process to codify the legislation into federal
regulations, released the new rules, which appear to completely
contradict the original Congressional intent.
While on one hand the regulations state that employers cannot
refuse healthcare insurance on the basis of an employee's participation
in legal recreational pursuits, on the other hand it allows health
care benefits to be denied for injuries sustained in connection
with those activities.
In other words, according to the new regulations, your employer
can't deny you insurance coverage because you ride a motorcycle,
but the insurance carrier can refuse you coverage if you're involved
in a motorcycle accident.
Bikers from coast to coast worked hard to enact legal protections
against insurance discrimination, and yet these new rules render
all that effort meaningless.
However, with the new Bush Administration taking charge, and new
agency heads appointed, perhaps the first order of business for
the new Congress should be to address the situation and correct
this grievous error. We encourage concerned riders to contact
your Congressional representatives and urge them to take corrective
action.
To contact members of Congress, call the Capitol Telephone Exchange
at (202) 224-3121.
NATIONAL COALITION OF MOTORCYCLISTS (NCOM)
EPA TO TARGET MOTORCYCLE EMISSIONS The Feds are drawing
a bead on motorcycles, and will soon tighten emissions standards
for street bikes and impose standards for dirt bikes, which are
currently unregulated at the federal level.
The Environmental Protection Agency is expected to follow California's
lead in both sets of standards, reports the San Francisco motorcycle
publications CITY BIKE.
Along with bikes, snowmobiles, marine engines and industrial engines
such as those used in forklifts are expected to come under scrutiny
in the coming months.
In a November document called an Advance Notice of Proposed Rule
Making, the EPA puts forth their case for regulating machines
hitherto untouched. On page 3 of the document, it is proposed
that while they're at it, they may as well tighten standards for
street bikes too.
There seem to be two reasons: 1) It hasn't been done in a while
(''current standards were established more than 20 years ago'');
and 2)
California recently did it (''California recently adopted new
standards for highway motorcycles and new standards have been
proposed internationally'').
Then, in a remarkable attempt at sugarcoating the bitter pill
of government regulation, the agency suggests that the coming
restrictions of both street and dirt bikes might actually help
the industry. ''There may be opportunities to reduce emissions
in a way that also allows manufacturers to benefit from harmonized
requirements, which may reduce product lines and production costs.''
Why this pie-in-the-sky nonsense would work at the national level
when it failed so utterly in California is not made clear. Certainly,
the EPA knows what a fiasco the California regulations were, and
are: The document acknowledges that ''...a lack of certifiable
product from manufacturers was reportedly creating economic hardship
for dealerships. The number of certifiable motorcycle products
was particularly inadequate.''
The EPA is soliciting comments at nranprm@epa.gov.
CALIFORNIA BIKER ''STICKS IT'' TO SUV'S For four months,
it's been hunting season for a pair of mischievous middle-aged
men in the Bay Area, according to a December 26, 2000, ASSOCIATED
PRESS article written by Karen Gaudette. ''Their prey is the far-from
elusive sport-utility vehicle,'' she
writes. ''As a weapon, they use a bent toward civil disobedience
and some strong glue.''
Charles Dines, a construction worker who rides a BMW motorcycle,
and Robert Lind, who runs a deer-repellent business, have scampered
all over the region to smooth homemade bumper stickers onto hundreds
of SUVs - the vehicles they love to hate.
Dines came up with the idea after several chats with Lind about
their shared scorn for SUVs. He likens it to the public pillories
of old, where offenders were exposed to public shame.
Their motivation? They say they're tired of watching SUVs suck
down fuel at gas stations and flood rear-view mirrors with blinding
headlights at night. But mostly, the ''mad taggers'' are mad about
the SUVs' impact on the environment.
''We look at the bumper sticker as a way to punish these people,''
said Lind, who drives an old BMW car. "They think their status
trinket is more important than the environment we all share.''
The black-and-white stickers exclaim, ''I'm changing the environment!
Ask me how!''
Naturally, the taggers' victims usually don't agree, and tagging
cars with their stickers could be construed as vandalism, a misdemeanor.
Lind says the facts about SUVs make the risk worth it.
Drivers bought 2.8 million SUVs in the United States through November
2000, about 17 percent of all vehicles sold. Sales are up 4.6
percent from last year, according to Ward's Automotive Reports.
According to the Environmental Protection Agency, average fuel
economy in the SUV, van and pickup category is just over 18 mpg,
compared with 23.6 mpg for cars. And some SUVs also have less
stringent federal emissions standards, since they are classified
as trucks.
Carl Calvert, editor of the magazine TODAY'S SUV says, ''There's
always a certain faction that's going to be looking at the negative
attributes of SUVs.'' But he adds, ''I think you can look at any
automotive vehicle and see negative aspects.''
Lind maintains that most SUVs are bought for status, not utility.
''Our goal is to attach enough social shame and ostracism to an
SUV so that perhaps we'll change public opinion,'' he said.
TAXMAN MAY SOMEDAY RIDE WITH YOU One day, perhaps, every
vehicle on the road will be equipped with a computer that uses
satellite technology to record every mile you drive, and in which
states and on which roads. Then the government will use that information
to tax you for your driving.
That day could be just five to 10 years away, according to an
article by Larry Sandler in the MILWAUKEE JOURNAL SENTINEL, as
Wisconsin has joined eight other states and the federal government
in paying for an $800,000 study of whether such a system could
be created to replace the gas tax.
Although this Orwellian concept is plagued with privacy concerns,
they're pressing ahead with the study, because they fear the growth
of alternative-fuel cars could mean the end of the road for the
gas tax. As a side benefit, they say the system would give every
driver a satellite navigation unit and a way to call for help
in an emergency.
Such a system also could lower gas prices, eliminate toll booths
and allow businesses to build and run highways, added David Forkenbrock,
one of the researchers leading the 2 1/2-year study.
Much of the technology already exists, in the form of the global
positioning system units that have started to appear in cars.
With GPS, a small computer in your vehicle can use satellite signals
to pinpoint your location anywhere in the world, then find that
location on a map and provide directions to any destination.
With the maps in the GPS unit's database, the on-board computer
could keep a record of how many miles each car or truck traveled
on each road in each state. Drivers could be required to periodically
download that data to a government computer network, perhaps at
terminals installed in gas stations, claims the article.
Then a central government clearinghouse would analyze the data
and mail all drivers bills assessing them a Wisconsin tax for
miles driven in Wisconsin, an Illinois tax for miles driven in
Illinois, etc. Some states might charge different rates for driving
on interstate highways, local streets or other types of roads.
Because people are traveling on public roads in full view of everyone,
gathering this information ''is really not much of an invasion
of privacy,'' Forkenbrock said.
WHAT A BARREL PRODUCES One barrel of oil holds 42 gallons
of unrefined crude oil. According to the AMERICAN PETROLEUM INSTITUTE,
from those 42 gallons we get 19.5 gallons of gas, 9.2 gallons
of heating oil/diesel fuel, and 4.1 gallons of jet fuel. The remainder
produces asphalt, tar, kerosene, and other fuels and lubricants.
Oil provides 40 percent of the energy we use and 97 percent of
our transportation fuels.
Total oil under the U.S. is estimated to exceed 200 million barrels,
or about 70 years worth of consumption at present levels.
American motorists pay nearly 43 cents per gallon in taxes.
MICHIGAN PASSES LAW TO LIMIT MOTORCYCLE CONFISCATIONS Michigan
Governor John Engler signed a bill on January 5, 2001, that will
prevent police agencies from withholding a motorcycle longer than
30 days after it is confiscated. The motorcycle confiscation bill
(SB1012) provides for safe and secure transportation and storage
from the time the bike is picked up by any police agency (if the
bike gets damaged the bill has provisions for penalties). The
police then have 30 days to return the bike to the owner or face
penalties, court costs and actual attorney fees (if an attorney
was required to get the bike back).
This bill will help prevent the police from taking a bike just
to harass and detain bikers and then keeping the bike for years
without cause. Senator Mat Dunaskiss (R) sponsored the bill at
the request of Angel (Communications Director) ABATE OF MICHIGAN,
Inc.
''I sure hope other states can use this too,'' said Angel, ''We
are all in this together and we don't always live or ride in the
same state all of our lives.''
SPANISH BAN ON MOTORCYCLE TRAILERS BROUGHT BEFORE COURT
The European Commission (EC) has decided to bring Spain before
the Court of Justice because it considers that Spain's absolute
ban imposed on motorcycles towing trailers is an unjustifiable
barrier to the free movement of goods and persons between Member
States of the European Union.
The EC, while sharing the Spanish authorities' concern for road
safety, which was cited as justification for the ban, considers
that road safety can be achieved by measures which are less trade-restrictive.
For example, other Member States impose maximum speed limits on
motorcycles with trailers or set maximum trailer dimensions or
weight limits on the load which the trailers may carry.
After Denmark, where the trailer ban was lifted in June 1998 thanks
to the efforts of the FEDERATION OF EUROPEAN MOTORCYCLE ASSOCIATIONS
(FEMA), Spain is the only country imposing this type of ban. According
to FEMA, this causes a lot of problems for many touring motorcyclists
with trailers who are traveling between southern countries, all
of which allow trailer use.
SIDECARISTS SOMETIMES OVERCHARGED AT TOLL BOOTHS ''Back
in the 70's in response to statements from our members, we found
that many tollways, toll bridges, toll tunnels, turnpikes, etc.,
were charging sidecarists up to 50% MORE than the driver of a
heavy two axle limo or pickup truck,'' E-mailed Hal Kendall of
the UNITED SIDECAR ASSOCIATION.
''Over a period of about five years we worked consistently to
bring about a uniform and fair toll not to exceed the rate for
a passenger car,'' said Hal. ''We thought we had all tollways
in line but it seems that on occasion some will charge a sidecarist
as a three axle vehicle.'' The latest, says Hal, was the Harris
County Toll Road in Houston.
Upon receipt of Hal's letter requesting clarification of their
rates, Mr. Bernard Koudelka, Executive Director responded that
they will address this issue with all their collection personnel
and to charge sidecarists at their private passenger 2-axle rate.
Please note that should any sidecarist be charged at a three axle
rate for their sidecar to pay the rate requested, to obtain the
name & number of the collection agent, the number of the booth,
the exit name, the date, time, and direction, and if possible,
to get a phone number or address of the tollway concerned. Then
send it to Hal Kendall at hal-kendall@worldnet.att.net for analysis
and to get the authority to reverse its overcharging policy.
Do not hassle the tollway collection agent. Also, if you're pulling
a trailer, expect to be charged the 2-axle rate, plus an additional
axle for the trailer. But protest if you are charged for axles,
says Hal.
THOUGHT FOR THE DAY: ''For the saddest epitaph which can
be carved in memory of a banished liberty is that it was lost
because its possessors failed to stretch forth a saving hand while
yet there was time.'' JUSTICE GEORGE SUTHERLAND, 1938
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