NCOM NEWS BYTES

compiled and edited by Bill Bish - March 2007
National Coalition of Motorcyclists (NCOM)

FEDERAL BILLS TO END HEALTHCARE DISCRIMINATION AGAINST BIKERS   Bipartisan companion bills were introduced on February 15th in both the U.S. House of Representatives and U.S. Senate that would end health insurance discrimination against motorcycle riders by preventing insurers from denying coverage to injured motorcyclists and others participating in legal but so-called "risky activities".

Both bills, introduced in the Senate as S. 616 by Senators Susan Collins (R) of Maine and Russ Feingold (D) of Wisconsin, and in the House as H.R. 1076 by Congressmen Michael C. Burgess (R) of Texas and Bart Stupak (D) of Michigan, would prohibit employers from discriminating against participants in such legal activities as motorcycling, ATV riding, skiing, snowmobiling or horseback riding, in the health insurance coverage they provide for their employees.

In recent years, some insurance companies have refused to cover insureds injured while riding their motorcycles, and Motorcycle Rights Organizations worked hard during the mid-90's to convince Congress to include language in the Health Insurance Portability and Accountability Act of 1996 to bar insurers from denying coverage to injured riders, but a loophole in HIPAA allows insurers to continue the discriminatory practice of denying specific benefits while otherwise providing health-care coverage.

Help close this loophole and promote health-care coverage parity for motorcyclists and others engaged in legal activities by contacting your Congressional Representatives and urge them to support S. 616 in the Senate and H.R. 1078 in the House.

COLORADO CONSIDERS KIDDIE HELMET LAW   While 30 states allow most adults the freedom to choose whether or not to wear a helmet when they ride, only three of those have no helmet law at all, neither for adults or children, and Colorado is one of them (also Iowa and Illinois). At least for now.

Colorado hasn't had a helmet restriction since 1977, but HB 1117 introduced by Rep. Dianne Primavera (D-Broomfield) to require helmets for riders under 18 recently passed through the House Transportation and Energy Committee, which Pueblo West Representative Buffie McFadyen chairs. "There's no question that in Colorado, groups like ABATE of Colorado don't want to see helmet laws," says Rep. Buffie McFadyen (D-Pueblo West). "Many of the people who opposed the bill, opposed it on the grounds of it being a slippery slope, that it was an infringement on the rights of parents," says Rep. McFadyen.

"This is putting the state between the parent and the child, saying 'We're in charge,"' Rep. Kevin Lundberg, R-Berthoud, said in voting against the helmet law in the House. Rep. Don Marostica, R-Loveland, also opposed the legislation, saying that helmets do not offer that much protection. "This is a feel-good bill because the only difference between a helmet and no helmet," he said "is whether you have an open casket and a closed casket."

But despite objections about government intrusion into private lives, the bill prevailed February 8 by a vote of 8-5, split along party lines.

"HB 1117 'fixes' little-to-nothing; it is a solution in search of a problem," said ABATE of Colorado State Coordinator Terry Howard, who directs anyone from out of state who wants to weigh in on this bill to e-mail them directly at helmetbill@abateofcolo.org. "We will distribute your comments to our friendlys at the capitol."

ANTI-GANG LEGISLATION IN S.C.   "In the interest of promoting awareness of Constitutional threats that exist out there, here's some info regarding the 'Anti-Gang Law' slated to pass soon in South Carolina, which can constitute an assault upon the Bill of Rights and our personal Freedoms," writes Tiger Mike Revere, State Coordinator of ABATE of Oklahoma and a member of the National Coalition of Motorcyclists (NCOM) Board of Directors, as well as Liaison to the Oklahoma Confederation of Clubs. "It reminds me of the legislation passed not too long ago in Ohio, and it's pretty scary!"

S.141 -- The Criminal Gang Prevention Act -- has passed the South Carolina Senate and is now in the House of Representatives, and will likely become law in South Carolina this legislative session unless the public intervenes.

So how does S.141 define a gang? In the interest of fighting terror, according to the Anti-Gang bill a 'criminal gang' means a formal or informal ongoing organization, association, or group that consists of five or more persons who form for the purpose of committing criminal activity and who knowingly and actively participate in a pattern of criminal gang activity.

By virtue of the fact that the state can make its case as to whether or not five or more persons formed a formal or informal ongoing organization, association, or group for the purpose of committing criminal activity leaves the door open for many grassroots organizations, civic groups, and social associations to be investigated by a South Carolina grand jury under the suspicion of gang activity. Just as the RICO Act has reached beyond the original intent of going after the Mafia, so too does the South Carolina Criminal Gang Act have the capacity and potential to eventually engulf political dissension groups and even political parties.

The point is that the criminal gangs that the public thinks the SC lawmakers are targeting are only a very small component to the Criminal Gang Prevention Act.

NO TACT, NO FACTS, BIKERS REACT   "Hmmmm, sure looks like HD is REAL supportive of Motorcyclist Rights, eh?" asks a rhetorical Hairy George, Legislative Director of ABATE of Ohio, as he points out Harley-Davidson's stated stance on helmets and riding, taken directly from page 7 of their latest Spring HD MotorClothes Catalogue: "No Jacket. No Helmet. No Gloves. No Riding."

Similar in sentiment to the sign in restaurants and bars that says "No Shirt. No Shoes. No Service."

"I strongly urge every motorcyclist rights activist who rides an H-D in every SMRO in this country to contact Harley-Davidson and express how you feel at this outrageous slap in the face to those of us who support "Freedom of Choice", concludes Hairy.

ARKANSAS HELMET LAW SUPPORTER RECEIVES THREATS   Whether the following is true or not, it just shows how counter-productive intimidating letters and phone calls can be when you contact your legislator.

As the debate about wearing motorcycle helmets heated up, helmet law sponsor Senator Kim Hendren reported getting threats. In an online blog, one person wrote, "This guy needs to die and take his antiquated laws with him."

Hendren says, "I think that's unfortunate and that's not a way to solve the problem."

With the fight getting personal, Senator Hendren continued pushing for helmets in a hearing, but this time there were capitol police just outside the room, and they were assigned to attend any future hearings involving the helmet issue.

As those against the proposal spoke, one opponent said he's not sure where the threat came from. Bike shop owner and ABATE of Arkansas spokesperson Rodney Roberts said, "I know thousands and thousands of motorcyclists and I don't know a motorcyclist that would send an e-mail like this."

Fortunately, the bill ran into the same opposition that similar bills have faced since the state repealed its motorcycle helmet law in 1997, and the legislation failed to pass out of committee.

But please remember, when contacting your local, state or federal lawmakers, always be courteous and concise and never, ever make threatening or inflammatory remarks!

"QUIET" HELMET TO SAVE HEARING LOSS TO RIDERS   As we segue from helmet hearings to hearing and helmets, scientists are trying to design a helmet to stop motorcycle riders from suffering hearing loss created by helmet noise. The hearing damage is believed to be caused by the noise created as air flows over and through the riders' helmets during a journey. Research has shown that up to 40 per cent of professional motorcyclists such as police and paramedics suffer significant hearing loss. Many other regular riders could also be running the risk of damaging their hearing without realizing.

A team from the University of Bath and Bath Spa University will now set out to solve the problem. Their new "quiet" helmet would reduce the amount of noise on the ear. Scientists also believe that higher noise levels can reduce bikers' ability to concentrate.

Dr. Michael Carley, who is leading the research program, said: "Our long-term goal is to make motorcycling less damaging, by designing new helmets which make riding less noisy."

DISTRACTED DRIVERS CAUSE 80 PERCENT OF ACCIDENTS   You're half the driver you could be if you're simply listening to a passenger let alone talking to someone -- or doing worse -- while cruising down the highway. Brain power associated with driving decreases by 40 percent when a driver listens to someone talk, whether it's a passenger or on the radio, said Marcel Just, a psychologist who directs the Center for Cognitive Brain Imaging at Carnegie Mellon University.

A study last year by researchers at the National Highway Traffic Safety Administration (NHTSA) and Virginia Tech University found that 80 percent of accidents involved some form of driver inattention within three seconds of the accident.

Yet more than 80 percent of drivers recently surveyed by Nationwide Mutual Insurance admitted they were multi-taskers in the car. Some confessed to blatantly hazardous behavior while driving such as: Steering with a foot; Painting toenails; Shaving; Feeding a baby; and even Peeing out the window.

"We've got a lot of people out there doing everything but driving," said Bill Windsor, safety expert at Nationwide. A man in Schenectady, N.Y., was arrested in 2004 for having a pornographic DVD playing on the passenger-side sun visor, and a woman was caught breastfeeding her 7-month-old daughter while driving on the Ohio Turnpike in 2003. If caught, drivers could be cited with careless driving, police said.

Cell phones most often are blamed for poor driving. Four states -- California, Connecticut, New Jersey and New York - and Washington, D.C., have banned hand-held cell phones for all drivers. Fourteen more states so far this year have introduced legislation restricting hand-held cell phone use, according to the National Conference of State Legislatures. That's fine with Just, of the Center for Cognitive Brain Imaging. "There's this whole attitude toward highway safety," he said. "Taking risks in driving is sort of a social issue and not just a personal issue. It's a little different than not wearing a motorcycle helmet."

CHINESE MANUFACTURER IS WORLD'S LARGEST MOTORCYCLE PRODUCER   According to Chinese news agency Xinhua, China's state-owned automotive company China South has emerged as the world's largest motorcycle producer with an annual production capacity of five million units. The company's products are sold under the brands Jialing, Jianshe, Dayang and Jinan Qingqi and are sold in over 100 countries, with production and marketing bases in 30 countries.

In the meantime, The Dallas Morning News reports that Chinese motorcycle, scooter and all-terrain-vehicle manufacturers looking to break into the U.S. market have turned Dallas into their American hub. A dozen distributors have opened sales offices and warehouses around the area over the last few years. Most employ only a handful of workers, but they're rapidly adding hundreds of dealers.

Whether these distributors thrive or fail in the fiercely competitive U.S. market could provide clues as to how Chinese automakers will fare. That's because motorcycles have traditionally been a steppingstone to the sale of new cars, as demonstrated by the Japanese companies Honda Motor Co. and Suzuki Motor Corp.

Chinese motorcycles have a poor reputation for quality, but no one is counting them out. The Japanese companies that dominate the market - Honda, Suzuki, Yamaha and Kawasaki - overcame quality problems decades ago, when one used to joke about "Made in Japan".

Chinese companies have already become a powerful force in the motorcycle industry, producing and exporting more bikes than any other nation. The world's most populous country has more than 80 million motorcycles and over 100 manufacturers producing 13 million new motorcycles per year. By comparison, there are approximately 6 million motorcycles registered in the United States, and Americans buy one million new bikes each year, mostly imports.

WEIRD NEWS: BOOBS ON BIKES   Hundreds of people, mainly men, lined the streets of Christchurch, New Zealand, to welcome the Boobs on Bikes parade to promote the start of the Erotica Lifestyles Expo.

Bare-chested women and greased musclemen circled the city on Harley-Davidson motorcycles, receiving an appreciative roar when one of the girls used her assets to polish the helmet of the bearded biker piloting her bike.

Crowd reaction was divided almost exactly down gender lines, with a verdict of "over-rated" and "utterly tacky" from the ladies, while men like spectator Kliff Tappin said "People say sex and perversion are wrong, but half the city comes out."

QUOTABLE QUOTE:   "Freedom in art, freedom in society, this is the double goal towards which all consistent and logical minds must strive." Victor Hugo (1802-1885) French Romantic poet, novelist and dramatist

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