NCOM NEWS BYTES

compiled and edited by Bill Bish - December 2005
National Coalition of Motorcyclists (NCOM)

PATRIOT ACT BLOCKED From the day the Patriot Act was passed by a shell shocked Congress in the wake of the 9-11-01 terrorist attacks, bikers and other civil liberties advocates have lobbied to get the most egregious provisions of the Act repealed. Sections that provide for roving wiretaps, "sneak and peak" searches, data mining and access to personal records and information were just a few of the more intrusive provisions that allowed law enforcement to violate citizens' Constitutional rights presumably in defense of our country.

But as several key provisions of the Patriot Act were due to "sunset," or expire, with the coming new year, Senate Democrats and a handful of Republicans handed President Bush a stinging defeat on December 17 by blocking passage of a new Patriot Act, depicting the measure as a threat to the Constitutional liberties of innocent Americans.

"We can come together to give the government the tools it needs to fight terrorism and protect the rights and freedoms of innocent citizens," said Sen. Russell Feingold, D-Wis., arguing that provisions permitting government access to confidential personal data lacked safeguards to protect the innocent.

"We need to be more vigilant," agreed Sen. John Sununu, a Republican from New Hampshire, where the state motto is "Live Free or Die." He quoted Benjamin Franklin: "Those that would give up essential liberty in pursuit of a little temporary security deserve neither liberty nor security."

Congressional officials pointed to a provision in the existing law that said even if it expired, law enforcement agencies could continue to wield Patriot Act powers in existing investigations of all known terror groups.

Justice Department officials said no existing wiretap would have to be turned off. But they said expiration of the law would create confusion about whether information gleaned after Jan. 1 could be shared, even if it stemmed from an ongoing investigation.


NEW EPA MANDATES KILLING SMALL SHOPS "Some time ago we talked about the new EPA restrictions and the effects that they will have on small motorcycle shops," states an article in Biker magazine. "The big players will benefit as their smaller competition is regulated out of business."

The article in the February 2006 news section goes on to say that; Already we are hearing here in California that builders like Arlen Ness, Ron Simms and West Coast Choppers have been fined and their motorcycles impounded right off their showrooms.

Kit Maira, who authored the Newsragazine article, says; "My contacts here are telling me that the certification costs multi-thousands of dollars and has to be done on each model/engine size."

Under the current regulations, shops will be allowed to produce only 24 exempt custom bikes per year. Those bikes will be restricted to only be ridden to shows and other events for display. The regulation limits individuals to owning only one exempt bike in their lifetime, which cannot be sold for five years.

"The bottom line, as I see it," Maira continues, "is bigger firms support the regulations, because they impose higher costs on their smaller competitors. The regulations favor mass-produced bikes over boutique builders who construct one bike at a time, imposing the same rules on both."

Unless the rules are amended to allow builders to build around engines that are EPA certified by the manufacturer, he predicts that we will likely see the demise of many custom builders soon.

You can read the regulations yourself on the EPA website: www.epa.gov/otaq/roadbike.htm.


AIM ATTORNEY FIGHTS PATCHOLDER DISCRIMINATION The Durham County Fair in the largest agricultural fair in the State of Connecticut, and motorcycling enthusiasts, as well as other members of the general public, have long enjoyed the opportunity to visit this annual fair. Unfortunately, last September a patchholder from the Connecticut Confederation of Motorcycle Clubs (CCMC) was stopped by a Connecticut State Police Officer and was informed that he would not be able to attend the fair wearing the patch of his motorcycle club.

Not wanting to make a scene in front of his family members, the club member peacefully left the vicinity of the fairgrounds, but brought up the issue at the next CCMC meeting. The Connecticut Confederation of Motorcycle Clubs is a member of the National Coalition of Motorcyclists (NCOM), and Aid to Injured Motorcyclists (AIM) Attorney Mitch Proner was in attendance at the meeting as legal counsel and promised to contact the responsible parties.

Proner wrote to the Durham Fair promoters, the Connecticut State Police and the Connecticut Attorney General's office, following up with numerous phone calls. Initially the responsible parties said they had no knowledge of the incident. When presented with the facts and details, the parties said the Durham Fair was on private property and ran by a private organization and would deny admittance to whomever they pleased.

Proner then pointed out that the Durham Fair may have been privately promoted but in fact the fairgrounds included the town square, an area traditionally provided greater protection under the First Amendment of the United States Constitution. If the Fair did not respect the CCMC club member's Constitutional rights, he would be forced to move in the U.S. District Court, District of Connecticut, for a Federal injunction.

The State Attorney recognized the First Amendment rights and said they would not have State Troopers enforcing any dress codes. The Fair's attorney stated they had no dress code, and sent Mr. Proner free tickets for this year's event for his patchholder client.

The Connecticut Confederation of Motorcycle Clubs remains eternally vigilant about protecting their rights.


CANADIAN PROVINCE WANTS TO BAN COLORS As part of its efforts to crack down on criminal organizations, the Saskatchewan government wants to ban the wearing of "gang colors" in bars, but local bikers are calling the act unconstitutional.

An amendment to the Safer Communities and Neighborhoods Act that's before the legislature would mean people wearing signs, symbols or logos connected to criminal organizations in licensed establishments could be fined up to $25,000 and sentenced to up to a year behind bars.

Dean Bell, who has a motorcycle shop in Regina and is a member of the Regina chapter of the Hells Angels, says the proposed legislation is a violation of rights. "We're all disappointed that the government would take such a backward stance and try and legislate something that goes against our charters and our freedoms," he said.

It's part of the province's attempts to create a hostile environment for criminals, say officials. The government has also passed laws expanding the ability to seize property from criminal organizations and canceling liquor licenses in bars that are used as fronts by criminals.

Manitoba passed a similar law against "gang colors" in 2002. It's now illegal in that province to wear symbols or colors associated with organizations such as the Hells Angels. Fines range from $1,000 to $3,000 and convictions can result in jail time of up to six months.

The Manitoba Chapter of the Hells Angels is fighting several charges related to the legislation.

It the Saskatchewan law is passed, Bell said, he and other members will consult with a lawyer.


"TONIGHT SHOW" MOTORCYCLE TO BE AUCTIONED FOR KATRINA RELIEF The Harley-Davidson motorcycle covered in celebrity autographs that helped raise thousands of dollars for tsunami victims may attract more than a million for hurricane survivors.

The motorcycle was signed by some of the nation's most famous people as they appeared on "The Tonight Show with Jay Leno". It was auctioned on eBay in February to raise money for victims of the Southeast Asia tsunami and was sold to Houston-based Waste Management, Incorporated, for more than 800 thousand dollars.

The company says it has since used the bike to raise money for such causes as breast cancer awareness and Crimestoppers. It was also used to boost morale for workers in the New Orleans area after Hurricane Katrina hit on August 29th.

Company spokesperson Lynn Brown says Waste Management is now putting it up for auction with proceeds going to the Bush Clinton Katrina Fund for hurricane survivor relief.

Brown says a Houston attorney has opened the bidding at one million dollars.

The Harley-Davidson has been signed by Donald Trump, Nicole Kidman, Bill Cosby, Jamie Foxx, Demi Moore, Tim Robbins, Ashlee Simpson, Jimmy Buffet and Denzel Washington among others.


CLARIFICATION ON RIDER RE-TRAINING As previously reported here, the Motorcycle Safety Foundation is studying the effects of "safety renewal", which essentially involves ongoing rider re-training, but the MSF wishes to clarify that they have not, and is not, advocating that such repetitive training be made mandatory.

"We do support mandatory training at some age level, such as novice riders under the age of 18, 19, 20 or 21," explained MSF President Tim Buche, "but most state programs are already hard pressed to keep up with the demand for the Basic Rider Course."

Buche went on to explain that the MSF will be introducing a third new rider training course in addition to the basic and experienced rider courses that will focus primarily on crash avoidance, and the MSF will make those advanced courses available but not seek to make them compulsory.


NEWS OF THE WEIRD: WOMAN PASSES DRIVING EXAM ON 4OTH TRY The 40th time's the charm, it seems. A British woman took 33 years, 40 attempts and spent tens of thousands of pounds (@ $31,000) to pass her driving test, according to the BBC.

Now finally at the age of 50, Venida Crabtree, of Cowley, Oxford, passed the exam in July and recently bought her first car after starting driving lessons in 1972 at age 17.
"It's fantastic. I'm very pleased," Crabtree told the BBC.


TOY RUN TO CLAIM WORLD RECORD The 2005 Motorcycle Toy Run has been hailed a success and organizers are planning to submit the event's attendance figures to the Guinness Book of World Records. The 23rd running of the Toy Run, which has become known as South Africa's largest and most heart-warming charity event, was held at various centers around the country, with motorcyclists donating one or more toys to be distributed over Christmas to disadvantaged children up to the age of 18 at hospitals, homes and orphanages.

Organizers were hoping to break world records for the largest motorcycle procession, the largest motorcycle charity event and the largest single event of toy donations to charity.

Speaking to CARtoday.com, Toy Run spokesman Graham Perry said that over 40,000 motorcyclists were estimated to have joined in the Toy Run, with about 13,000 bikers from Cape Town participating in the event, and others riding in from major centers and small towns throughout South Africa (Bethlehem, Bloemfontein, Durban, East London, Johannesburg, Kimberly, Klerksdorp, Mossel Bay, Nelspruit, Port Elizabeth, Pietermaritzburg, Pietersburg, Plettenberg Bay, Queenstown, Swartcopmunt, Vanderbijlpark, Vryheid, & Windhoek), hosted by local motorcycle clubs and service organizations, with the invaluable assistance of the commercial sector.


QUOTABLE QUOTE: "We, too, born to freedom, and believing in freedom, are willing to fight to maintain freedom. We, and all others who believe as deeply as we do, would rather die on our feet than live on our knees."
Franklin Delano Roosevelt (1882 - 1945) 32nd President of the United States

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