July 2008

News & Notes is a monthly publication compiled and edited by the AMA's Government Relations Department. Designed to inform motorcyclists of ‘rights'-related issues and events around the world, we welcome your news & views. Suggestions and contributions can be sent to Sheila Andrews, Legislative Assistant, American Motorcyclist Association, by e-mail at sandrews@ama-cycle.org.

    The US Senate Committee on Energy & Natural Resources held a hearing regarding off-highway vehicle (OHV) use on public lands on June 5, 2008. Testifying at the hearing were Ed Moreland, AMA vice president for government relations, Greg Mumm, BlueRibbon Coalition executive director, Government agency officials, and other public land interest groups.
    Countering criticism that off-highway vehicles damage public land, Moreland told the congressional committee that lawmakers need to provide more people and money for federal agencies to responsibly allow for varied uses of the land.
    In his testimony, Moreland also said that active management of different forms of recreation on federal public land is needed rather than trying to further cut the costs of management or eliminating motorized trails.
    "In both cases, everybody loses," he said. "What we have yet to see is the adoption of full-scale active management, a truly collaborative approach and the budgets and people to accomplish an achievable multiple-use mission."
    "The motorized recreation community has a long history of volunteerism and is already helping public land managers by maintaining trails, promoting ethical use and advocating for appropriate funding levels," he said.
    Moreland pointed out that millions of Americans enjoy motorized recreation, and while the number has increased significantly in the past several years, funding, management and recreation opportunities have decreased.
    "This has led to more concentrated impacts on those areas where OHV recreation is still allowed, increased the burden on land management staff and contributed to user conflicts," he said. "We recognize that this type of growth presents many unique challenges for public land managers. Additionally, as a primary stakeholder, the recreation community enjoys an impressive track record of collaborating with other users as well as land managers to create workable solutions."
    During his testimony, Moreland also raised particular concerns about the designated motorized-route plans that each national forest is creating. The Forest Service was given tight deadlines to produce those plans but weren't given more money or people to do it and the federal Bureau of Land Management may soon face similar challenges.
    "An inventory system that fails to provide adequate time and funding to do the job right is destined to fail," he said. "We urge the committee to be cautious as you consider similar planning for other land management agencies."
    In his testimony, Greg Mumm, executive director of the BlueRibbon Coalition, noted that the economic benefits of OHV use can't be ignored. For example, a California state report in 2007 reported that OHV recreation in the state pumped an estimated $9 billion into the state's economy every year. In Arizona, OHV use generated nearly $3 billion in retail sales in 2002. He added that the demand for public places to ride is increasing while the opportunities are limited.
    "There are solutions to these challenges through appropriate planning, maintenance and monitoring," Mumm said. "Active management for OHV recreation activities is the key, and there are many working examples."
    Moreland concurred. "While it remains incumbent upon the agencies to provide a managed setting for recreation, and a forum for users to engage in the debate and help provide resources, education and expertise, it is the responsibility of Congress to ensure that the agencies have sufficient resources to accomplish their mission."

    The Motorcyclist Advisory Council (MAC) to the Federal Highway Administration met for their second-quarter meeting on May 6-7 in Crystal City, Virginia. The commission made recommendations to Secretary of Transportation Mary Peters on various topics, including items for the next federal highway appropriations bill and encouraging the use of motorcycles as a form of congestion relief.
    Of special significance was the creation and approval of the 2008 Motorcyclist Road Conditions Survey. The purpose of the survey is to better communicate to the MAC, road construction engineers, and transportation safety officials the specific needs of motorcyclists that should be considered when developing new roadways or altering existing routes.
    All riders are encouraged to take the 10-minute survey by going to the following web address: http://www.surveymonkey.com/MACMembersHighwaySurvey.

    The Manual of Uniform Traffic Control Devices, also considered the "go-to" resource for standard pavement markings and traffic signs, will finally be updated with an image for motorcycles. The image, a side profile of a person riding a motorcycle drawn in solid black and to be placed on a diamond-shaped yellow sign, is the first motorcycle specific imagery to be certified by the Department of Transportation Federal Highway Administration.
    Prior to the creation of the design, states and local municipalities were creating their own imagery and signs without any guidance at the national level.

    Former South Dakota Governor Bill Janklow has settled with the family of Randy Scott for $1 million five years after running a stop-sign in his car and killing the motorcyclist.
    On August 16, 2003, Randy Scott's motorcycle hit the back of Janklow's car after the former Governor and U.S. Representative ran a stop sign near Trent, South Dakota. Randy Scott's family filed a $25 million lawsuit against Janklow after he only received 100 days in jail for his heinous error. Because the initial prosecutor determined Mr. Janklow was on official business at the time, the suit named the federal government as the defendant.
    A trial in the wrongful-death suit was set for this June, but the $1 million settlement came weeks earlier on May 14.
    In a local South Dakota news article published shortly after the settlement was announced, Marcella Scott, Randy Scott's mother, said that the end of the lawsuit brings the family closure, but she will never get over the loss of her son.

    The 17th Annual Motorcycle and Scooter Ride to Work Day is set for Wednesday, July 16th. For more information on Ride to Work Day please visit www.ridetowork.org.

    Polaris Industries announced the completion of its second year of T.R.A.I.L.S. grants. The monetary awards from T.R.A.I.L.S., which stands for trail development, responsible riding, access, initiatives, lobbying, and safety, have gone to help over 78 all-terrain vehicles (ATV) organizations in 42 states, according to their May 20 announcement.
    In just over two years, the T.R.A.I.L.S. Grant Program has awarded $700,057 to local, state, and national ATV clubs.
    According to Mike Dougherty, vice president of the ATV division at Polaris, "The consistently growing interest in this program is evidence enough of the dire need to secure legal riding places in the United States."
    Polaris describes the grant program as encompassing two main objectives, "promoting safe and responsible riding, and preserving access." Any not-for-profit national, state, or local ATV organization can apply. Funds can be used by organizations for trail development and maintenance projects, safety and education initiatives, lobbying and other projects to increase and maintain land access.
    For the full Polaris press release, more information on the ‘T.R.A.I.L.S.' grant program and an application form, visit the Polaris Web site at www.polarisindustries.com and click on "Riders," then select "Right to Ride."

    Arizona - The Moto Trax facility, located 30 minutes from downtown Phoenix, recently held an open house event to highlight this long-planned, state-of-the-art 320-acre sports complex. Riders can look forward to numerous off-highway vehicle (OHV) opportunities in the near future.
    Plans include a motocross track, ATV track and 4x4 play areas. For more details, go to http://www.mototrax.org for the latest information on this exciting new facility.

    California - In a move that has many in the motorcycle community scratching their heads, the Police Department of Oakland, CA has decided to make all 45 of their Harley-Davidson motorcycles louder.
    According to a report in the San Francisco Chronicle on June 9, 2008, some officers complained that they just don't ‘feel safe' on quieter bikes. Previously, the motorcycle unit operated with modified exhaust systems that were later removed after an officer complained of hearing loss.
    When the pipes were changed, however, other officers claimed the old adage of ‘being heard before you are seen' as the safety issue behind returning to excessively loud exhausts. So the department paid $1200 for a report that yielded results in favor of louder pipes, but were admittedly un-scientific.
    The new modified exhausts test at an average of 93-decibels, which is well above the 80-decibel federal standard, and against California law.

    California - Off-highway vehicle (OHV) recreation in California has taken a large hit and may take another one soon.
    Recently, the Environmental Protection Agency (EPA) found high levels of asbestos in the Clear Creek Management Area, prompting the Bureau of Land Management (BLM) to post an emergency closure order.
    The closed area covers roughly 31,000 acres and includes both opportunities for motorized and non-motorized recreation. The situation continues to be investigated, but the BLM is saying it will be at least 20 months before this important riding area can be re-opened.
    Additionally, the Johnson Valley Open Access area in Twentynine Palms, CA, is facing a proposal from the neighboring Marine Base to expand into much of the popular 185,000 acre recreation area.
    The AMA, along with many other state and national organizations are working with the local base commander and the BLM to find a suitable alternative.
    Both stories are rapidly evolving so look to future issues of News & Notes or American Motorcyclist Magazine for continued updates.

    Indiana - Hard work by ABATE of Indiana and motorcyclists throughout the state resulted in the passage of House Bill 1318, introduced by Rep. Carolene Mays (D-Indianapolis).
    The bill eliminates the extra $10 registration fee on motorcycles designated for deposit in the spinal cord and brain injury fund and replaces it with a 30 cent fee on all motor vehicle registrations. Visit http://admin.abateonline.org/ABATE.aspx?PID=413 for photos taken at the signing ceremony with Governor Mitch Daniels.

    Maryland - Following unanimous passage, Senate bill 712 has been signed into law by Governor Martin O'Malley.
    Authored by Larry E. Haines (R- Westminster), the new law subjects anyone convicted of a right-of-way violation that results in serious bodily injury or death to a maximum penalty of a $1,000 fine and/or a 180-day license suspension. The new law takes effect July 1.
    Over five years of hard work by ABATE of Maryland took on new meaning in 2006 after a failure-to-yield crash killed then-state director, Marty Schultz.

    Michigan - Michigan House Bill 4749, sponsored by Rep. Barbara Farrah (D-Southgate), would provide for adult helmet choice for Michigan motorcycle operators 21 years of age or older who have completed a motorcycle safety course, have had a motorcycle endorsement for at least two years, and have at least $20,000 in first-party medical benefits. It would require a valid ‘no helmet' permit from the Michigan secretary of state at a cost of $100 for one year or $200 for three years. Non-residents would be exempt from the requirements of this bill.
    Passed by both the House and the Senate, HB-4749 was delivered to Governor Jennifer Granholm on June 5 for her consideration.

    Oregon - A lawsuit brought against Team Oregon by the Motorcycle Safety Foundation (MSF) has been settled. The lawsuit alleged on strong similarities between the Team Oregon motorcycle training program and the Motorcycle Safety Foundation RiderCourse curriculum.
    The terms of the settlement are outlined in a May 28 news release from Team Oregon, see http://teamoregon.orst.edu/TO_WEB/PDF/News_Release_Lawsuit.pdf for more information.

    Washington - A last minute attempt to restrict funding for the state Department of Natural Resources (DNR) was line-item vetoed by Gov. Christine Gregoire (D). The measure had been inserted into the state budget without the opportunity for public debate and was immediately opposed by the AMA and other motorized recreation groups. Nearly 500 Washington riders used the AMA's Rapid Response Center to send a message to Gov. Gregoire urging her veto. For more details see the "news archive" on www.AMADirectLink.com.
 

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