NCOM NEWS BYTES

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.



UNITED NATIONS LAUNCHES GLOBAL ROAD SAFETY INITIATIVE
With traffic accidents causing the deaths of more than one million people worldwide every year, more than malaria or diabetes, United Nations Secretary-General Ban Ki-moon told participants at the First Global Ministerial Conference on Road Safety in Moscow that more must be done to tackle the global “crisis” of road traffic fatalities. In addition, some 50 million people are severely injured, costing governments 1 to 3% of their gross national products. Opening the conference, the President of Russia Dmitry Medvedev called for action on a worldwide crisis running at 1.27 million road deaths every year, with about half of those deaths occurring among vulnerable road users such as cyclists, motorcyclists, and pedestrians. The conference culminated with ministers of more than 70 countries around the world approving the Moscow Declaration, which calls for a “Decade of Action for Road Safety” and to begin to set out plans for global coordination of the unprecedented effort to reduce road traffic injuries 50% by 2020. The Safe Systems strategy advocated in the Moscow Directive requires the entire road–traffic management system to be designed around compensating for the errors of road users, so that people can survive the consequences of their mistakes. “Simple measures such as introducing and enforcing compulsory helmet and seat belt laws can make a large difference in the trauma that comes with motorization,” write risk management researchers from Australia. Only 40% of countries currently have motorcycle laws that stipulate helmet use for the rider and passenger, according to the World Health Organization (WHO), and fewer than 60% of countries have laws in place that require all car occupants to wear seat-belts. The four page Decade of Action declaration includes specific action on vulnerable road users. It reads: “Make particular efforts to develop and implement policies and infrastructure solutions to protect all road users in particular those who are most vulnerable such as pedestrians, cyclists, motorcyclists and users of unsafe public transport, as well as children, the elderly and people living with disabilities.” On signing the declaration, governments, United Nations agencies, civil society organizations and private companies will agree to set “ambitious yet feasible” targets for reducing traffic casualties in each country.

CONGRESSIONAL ACTION SOUGHT TO PROTECT YOUTH CYCLE SALES
Because the Consumer Product Safety Commission has refused to lift a ban against the sale of kids’ dirt bikes and ATVs due to lead content of some parts, although the CPSC agreed to stay the ban until May 1, 2011, the U.S. House of Representatives passed an appropriations bill on July 16th that would prohibit funding for the ban. An amendment by Representative Denny Rehberg (R-MT) to the House fiscal year 2010 Financial Services Appropriations bill prohibits the use of funds by the CPSC to implement or enforce section 101(b) of the Consumer Product Safety Improvement Act of 2008 regarding banning the sale of off-highway motorcycles and all-terrain vehicles intended for use by children 12 and under. The CPSIA was intended to limit the lead content of children’s toys made in China, but as an unintended consequence resulted in motorcycle manufacturers ordering dealers nationwide to stop selling youth-oriented vehicles and parts. Similar legislation introduced in the Senate does not contain the Rehberg Amendment language, and has not reached the Senate floor for a vote. Help protect access to youth-model off-road vehicles and parts by contacting your federal legislators and ask them to support language in the final appropriations bill that excludes children’s motorcycles and ATVs from the CPSIA.

PENNSYLVANIA NOISE LEGISLATION COULD TURN NOSEY NEIGHBORS INTO NARCS
House Bill 2104 on noise control was introduced in the Pennsylvania legislature on November 18 and referred to the House Committee on Transportation to consider allowing citizens to report loud vehicles and noisy mufflers to authorities for further action. As introduced, HB 2104 reads; Exhaust systems, mufflers and noise control. (f) Enforcement for violations - (1) A person who reasonably believes that a motor vehicle is in violation of this section may file a complaint, containing the registration plate number, with a magisterial district judge. (2) Based on the information in the complaint, the magisterial district justice may issue a search warrant for the vehicle and shall forward the search warrant and information contained in the complaint to the Pennsylvania State Police for investigation. (3) Upon receipt of the search warrant, the Pennsylvania State Police shall investigate whether the vehicle is in violation of this section and shall take appropriate action to enforce the provisions of this section. (4) A person who files more than one complaint under this section which, after investigation by the Pennsylvania State Police, are determined not to support a violation of this section shall be prohibited from filing any additional complaint under this section for a period of 12 months.

ALWAYS-ON HEADLIGHT LAW PROPOSED IN ILLINOIS
A state lawmaker has introduced legislation requiring Illinois motorists to turn on their headlights even during daylight hours to make it easier for motorists to see each other, thus reducing accidents. "It would enhance safety," Rep. Dan Brady said. It also would put Illinois alone in the U.S. Although day-time running lights are required in some European countries, the only other state where it is even being considered is Alaska. In Juneau, state lawmakers say long twilight periods and low sun angles there produce shadows and make it difficult to see vehicles. Most motorcycles are already required to have a headlamp on at all times for increased conspicuity, and many riders feel they would lose their visibility and be lost in a sea of headlight beams if all vehicles were to run with their lights on. If House Bill 4701 is approved, someone caught for not turning on their lights could face a fine of $75. Brady said he wants to study the issue more before he asks his colleagues to vote on the matter.

S.C. SUPREME COURT COULD RULE ON MYRTLE BEACH HELMET LAWSUITS
Two lawsuits against Myrtle Beach over the city’s helmet law could be heard by the state's high court in the new year. The S.C. Supreme Court clerk sent a letter to Myrtle Beach and the plaintiffs saying the lawsuits filed by business owners and a group of motorcyclists might be heard in the February session. The plaintiffs are suing the city to stop it from enforcing the motorcycle helmet law it imposed last year as part of a package of 15 new ordinances designed to deflect the May motorcycle rallies from the city. Attorneys for the city, BOOST (Business Owners Organized to Support Tourism) and the 49 riders who protested the city's helmet ordinance on the day it became effective and were ticketed have filed their briefs with the high court, allowing judges to read the issues that will be argued orally if the hearing is slated. Lawyers representing BOOST have filed more than 30 pages of briefs containing multiple sections, contending among other issues: The city is overstepping its bounds by making such a law; The General Assembly intended people older than 21 to have freedom of choice on wearing helmets; The helmet ordinance violates the state's Uniform Traffic Act; The ordinance should be voided because it is vague and ambiguous; The ordinance is arbitrary, capricious and unreasonable; And ending a motorcycle rally isn't a legitimate government purpose. But Tom McGrath, Aid to Injured Motorcyclists (AIM) attorney for Virginia who is representing the protesters filed a much shorter brief, saying among other things that most of the arguments don't matter because the city's ordinance is at odds with state law, and for that reason alone it should be tossed out. "The gist of the city's arguments is that it has the right to do whatever it wants to do as long as it declares something to be a public nuisance and decides to abate it," McGrath's brief begins. "...If the ordinances conflict with state law, the ordinances are void. If the ordinances are void, their underlying merits are irrelevant."

ARIZONA BIKERS PROTEST DISCRIMINATION AND POLICE HARASSMENT
As a state highway patrol helicopter circled low over head and the state gang task force took photos from across the street, several hundred bikers from 40 motorcycle clubs throughout Arizona assembled after their regularly scheduled Arizona Confederation of Motorcycle Clubs meeting on November 7th for a protest ride past four Kingman bars that recently adopted a “NO COLORS” policy. ACMC advocates for biker rights and meets twice a month, discussing issues like helmet or emission laws or pushing for biker-friendly legislation. Dan Balentine, president of the Desert Road Riders Motorcycle Club and secretary for the ACMC told the Daily News that the confederation of clubs is in the process of hiring a third lobbyist to work on the no colors policy initiated by some bars and restaurants in Kingman. Balentine said ACMC's mission statement is to educate the public of the positive aspects of motorcycle clubs and lawfully oppose intrusion to biker rights. One of the ACMC lobbyists, Skypilot, is based at the state capital in Phoenix and works with the legislators while a second lobbyist works on federal issues in Washington, D.C. Skypilot reported that he is talking with state legislators on motorcycle issues such as right of ways, emissions, discrimination by law enforcement, correctly fastening license plates and extended yellow lights. ACMC's president Ray "Still Ray" Fitzgerald, said the object of the protest ride was to draw attention to the way the gang task force illegally forces bars to adopt the no colors policy or face having their liquor licenses pulled. Riders wearing their club colors on the protest ride arrived armed with discrimination forms to document people who were turned away for a possible class-action lawsuit. "Why would they turn us away?" said Steve Musgrave, a member of the Desert Thunder MC and a registered motorcycle rights lobbyist for eight years. "Our money should be as good as everyone else's." Musgrave, who also serves on the National Coalition of Motorcyclists (NCOM) board of directors, said it is unfair for police to label motorcycle clubs as gangs. "We are a club, not a gang. We have regular meetings and pay dues," he said. "Almost everybody here is a law-abiding citizen who has a job and pays their taxes, just like everyone else."

AUSTRALIAN BIKERS THREATEN TO SUE PUBS OVER COLORS DISCRIMINATION
Members of at least 21 of the state's “bikie gangs” are preparing to sue the 53 pubs, clubs, hotels and cocktail bars from Wollongong to The Entrance where they are banned if they turn up for a drink wearing club colors or their trademark bikie jewelry. They claim the bars are breaching the Anti-discrimination Act, the Human Rights Commission Act and probably the International Covenant on Civil and Political Rights which has been adopted by Australia. After gauging reaction from the bars, the United Motorcycle Council NSW plans to take action on behalf of all the clubs. The council was formed earlier this year as a reaction to government efforts to ban motorcycle clubs through the strictest anti-gang laws in the world.

JAPANESE MOTORCYCLE EXPORTS DOWN BY HALF
Motorcycle exports from Japan have slumped by over 50%, according to shocking new figures released by the industry watchdog. In October 2009 global exports of motorcycle from Japan were recorded at 41,143 units, compared with the 90,702 units total recorded for the same month of the previous year. The 54.6% export decrease is the twenty-fifth consecutive month that export figures have dropped, according to a recent JAMA report. The total value of motorcycles exported for October was 334.12 million U.S. dollars including 229.94 million U.S. dollars for vehicles and 14.18 million U.S. dollars for parts. This is a decrease of 263.09 million U.S. dollars or 44.1 percent, as compared with 597.21 million U.S. dollars recorded for the same month of the previous year, the report stated.

QUOTABLE QUOTE: “Too bad that all the people who really know how to run the country are busy driving taxi cabs and cutting hair.” George Burns, comedian (1896 – 1996)