THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to Injured Motorcyclists (AIM) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the Law Offices of Richard M. Lester. For more information, call us at (800) ON-A-BIKE, or visit us on the web at <www.ON-A-BIKE.com>.

NCOM COAST TO COAST BIKER NEWS
Compiled and Edited by BILL BISH,
National Coalition of Motorcyclists

 

JUST THE FACTS, PLEASE Statistics are like a bikini ­ what they reveal is interesting, but what they conceal is vital. And what the National Highway Traffic Safety Administration has been concealing in their crusade to promote helmet laws borders on fraud. In their efforts to sway public opinion in favor of mandatory helmet laws, NHTSA and others have been quick to point out an increase in Florida's motorcycle fatalities in the year following a repeal of their lid law. What they fail to mention, however, is that a jump in motorcycle ownership has outpaced the fatality rate, and ABATE of Florida has compiled the actual numbers to refute the apparently flawed statistics being circulated by the federal agency.

"These figures represent the statistics for the first full year of our amended helmet law," explains James "Doc" Reichenbach, President and Lobbyist for ABATE of Florida and chairman of the board for the National Coalition of Motorcyclists (NCOM). "As you can see, the actual number of deaths were up 11%, however the motorcycle registrations were up 20.4%, which represents an increase of over 40,000 new motorcycles on the roads. After all the figures are compiled according to the Florida Department of Highway Safety and Motor Vehicles, the death rate was actually down by 5.2%."

Also, based on the 40,000 new motorcycles on the road this past year, ABATE made the following estimates of what this amended law has brought into the economy of Florida:

40,000 new motorcycles at an average of $10,000 each: $400,000,000
Sales tax on motorcycles at 6%: $ 24,000,000
Registration fee on motorcycles: $ 1,444,000
Change of title: $ 1,190,000
Total: $ 426,634,000

"This total is almost one half a BILLION dollars in one year that was put into the economy of the state of Florida," says Doc. "Of this amount, over 25 million dollars went directly into the state treasury for the budget. This also does not include the tourist money that increased because of Florida being a freedom of choice state. In 2001 over 300,000,000 dollars was spent in Florida at Bike Week during a ten day period." The 2002 figures are not available yet, but participation was up from 2001.

"I hope these figures will help anyone who has heard the bad publicity that has come of our amended law," Doc summarized. "Deaths per mile ridden are down and the economy has gotten a huge boost."

 

WISCONSIN SUPREME COURT RULES AGAINST HELMETLESS RIDERS The Wisconsin Supreme Court has ruled that ATV riders injured in accidents may have damage awards reduced by up to 100% for failing to wear a helmet. On June 26, 2002, the court issued a decision in an All-Terrain Vehicle accident case that allowed a reduction in damages from a head injury because the injured party was not wearing a helmet, reports ABATE of Wisconsin.

Although this was an ATV case, the court also stated that, "Our conclusion here pertains to helmet use while operating or riding a motorized, non-enclosed, moderate-to-high-speed vehicle such as an ATV or like vehicle."

"The leaders and Legislative Committee of ABATE are taking this threat very seriously and giving it a Level One priority," reports Dave Dwyer, Legislative Chair for ABATE of Wisconsin. "We have already been in contact with legislators to let them know what is going on and how we feel about it."

Wisconsin State Senator Dave Zien, long time biker and member of the National Coalition of Motorcyclists (NCOM) Legislative Task Force, is working with ABATE to determine if the decision can be applied to motorcycle riders who suffer a head injury while not wearing a helmet.

"We intend to be ready with a bill to introduce when the new legislature comes into session in January," said Dwyer. "If for some reason this decision cannot be applied to motorcycles, I feel that we should go ahead with language to clarify how the courts should handle the 'no helmet' defense."

Wisconsin has enacted legislation that allows damages to be reduced by 15% for anyone injured in a car accident who is not wearing a seat belt, in reaction to an earlier Wisconsin Supreme Court decision regarding seat belt use and injury damages award reductions. But the high court refused to transfer that over to the helmet use case, even though they used the seat belt use ruling as a guide in their recent decision.

The court stated, "that, ultimately, is a question for the legislature."

 

WEST VIRGINIA BIKERS ASK COURT: WHAT IS A HELMET? Trial was to be held this summer regarding motorcyclist Mark Fike's traffic citation for not wearing an approved helmet while operating his motorcycle on SR 119 in Spencer, West Virginia. Mr. Fike could have pled no contest and paid a relatively small fine to avoid the hassle of going to court. However, W. Virginia State Senator John Mitchell and Aid to Injured Motorcyclists (A.I.M.) Attorney Ralph Buss, anticipating an unfavorable ruling, took the case to trial in order to obtain a verdict for the purpose of arguing on appeal to the State Supreme Court the issue of what is an approved motorcycle helmet.

At issue is what are the specific parameters of what is and what is not a legal helmet in the state of West Virginia? Federal Vehicle Safety Standards and Regulations; Article 57, Section 218 that sets forth helmet design regulations was to have been introduced in its entirety in order that it become part of the record for use on appeal. Walter Snyder, Coordinator of the W. Virginia Motorcycle Safety Education Program, was scheduled to testify regarding the meaning of Department of Transportation (DOT) compliance. He was also set to describe his committee of eight persons' interaction with the State Police on helmet related issues.

During the preparations for trial, it was learned that the CEO of the State Police would be unable to provide testimony regarding valid helmet compliance for W. Virginia. It was also learned that there are no courses available to the State Police to train them to recognize a compliant helmet. Currently, officers use the "eyeball and instinct method" to determine compliance.

As neither the arresting officer, Sgt. D. U. Garrett nor his superior, Colonel Hill showed up for court on July 31, 2002, the Magistrate permanently dismissed the case for "failure to prosecute". At the conclusion of the session, the prosecutor jokingly suggested that perhaps when the bikers come back, one of them might wear a "bucket of lard with a DOT sticker affixed to it and see what happens."

President of ABATE of West Virginia, Duck, and West Virginia Confederation of Clubs Chairman Widowmaker, along with the numerous other motorcyclists in attendance, vowed that they will have another day in court.

The leadership of West Virginia's motorcyclists' rights organizations are at this time considering what forum to use for their next confrontation. Three of the issues under consideration are: 1) Does W.V. Statute 17C-15-44 adequately inform motorcyclists as to what is an approved helmet and/or what is a non-compliant device? 2) Is the Statute so vague that most persons cannot come to a reasonable conclusion as to the definition of an approved helmet? 3) Is the State required to have an expert testify on its behalf when the approved/not approved helmet design issue is again presented to the court? Stay tuned.

 

CITY SENDS SAFETY MESSAGE Darlene Kimsey, vice-president of the High Point Chapter of the Concerned Bikers Association of North Carolina, was sick of hearing about motorcycle accidents, so she approached the city council with an idea to make drivers more aware of riders on the road.

"The public needs to understand that with the rise of riding, we are out there," Kimsey told the Greensboro News and Record. "Riding isn't just a recreational thing anymore, but a mode of transportation."

After almost a year of lobbying the city, Kimsey says High Point will be the first city in the nation to put up signs reminding motorists to share the road with motorcycles.

About a year ago, Kimsey went to the North Carolina Department of Transportation to see about getting some signs posted along roads along streets throughout the state reminding motorists to share the road with motorcycles.

When the state rejected the proposal, Kimsey went to the city of High Point.

Following a letter to the city council, and several meetings with the city manager and city transportation officials, Kimsey was able to identify four city streets where the signs were needed, based on a high volume of motorcycle accidents.

The city is expected to erect four signs on each street, and the transportation department will monitor accidents on the streets to see if the signs have an impact.

While state transportation officials haven't approved signs for state-owned streets, Kimsey says they will be watching the project in High Point. "If we can show that the signs have an impact on reducing the number of accidents, the state may consider the signs," Kimsey said. "I am hoping it's something that will catch on.

 

CALIFORNIA GOVERNOR VETOES RED LIGHT BILL California Assembly Bill 2521, introduced by Assembly Member Jay LaSuer (R- County of San Diego), would have required all new and replacement traffic-actuated signal devices to recognize motorcycles and bicycles, as well as new lighter cars, but was vetoed by Governor Gray Davis.

The bill passed through the legislature without opposition in both the Senate and the Assembly, but was doomed to defeat when it reached the governor's desk on September 18.

"Now that is unconscionable!," exclaimed Nancy Nemecek, chairman of the board for ABATE of California. "If any motorcycle rider was on the fence about Davis, this should show his true colors," she said in reference to the upcoming gubernatorial election in the Golden State.

 

WEIRD NEWS OF THE MONTH: Dangerous Intersections More Safe?! British traffic consultant Ben Hamilton-Bailie told the British Institution of Civil Engineers that improving road safety by making intersections more dangerous may actually decrease accidents.

The approach has already proved successful in Holland and Denmark, and relies on the idea that drivers will be more careful if they perceive more danger. Without road signs and road markings, they are forced to slow down and make eye contact with other road users to establish who makes the next move.

This has lead to many new intersections in Northern Europe resembling the days before cars were commonplace, and it is said that it has reduced accidents without affecting journey times, but it does rely on vehicles traveling below 20mph.

 

QUOTABLE QUOTES: "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote."
BENJAMIN FRANKLIN, Patriot & Founding Father