AMA Government Relations News & Notes is a monthly service compiled and edited by the AMA Government Relations Staff to keep motorcyclists informed of happenings around the world. We welcome your news & views. Please submit all material to Terry Lee Cook, Government Relations Specialist, 13515 Yarmouth Drive, Pickerington, OH 43147; fax 614-856-1920 or e-mail to tcook@ama-cycle.org.
Bipartisan bills have been introduced in both the US House and Senate that would end health-care discrimination against motorcyclists and ATVers.
US Reps. Michael C. Burgess (R-TX) and Ted Strickland (D-OH) introduced HR 2793, "The HIPAA Recreational Injury Technical Correction Act." This bill would bar employers from discriminating against those who take part in activities such as motorcycling, ATV riding, snowmobiling or horseback riding in the health-insurance programs they offer their workers.
Senators Susan Collins (R-ME) and Russ Feingold (D-WI) introduced similar legislation, S 577, "The HIPAA Recreational Injury Technical Correction Act." Last Congress, the full Senate unanimously passed similar language, however, the House adjourned shortly thereafter and therefore did not get a chance to enact this legislation. As a result, legislation needed to be re-introduced in the 109th Congress.
The measures are in response to action taken by federal bureaucrats that legalized health-insurance discrimination against riders and others. In 1996, President Clinton signed the Health Insurance Portability and Accountability Act (HIPAA), which included language prohibiting employers from denying health-care coverage based on a worker's pre-existing medical conditions or participation in legal activities, such as motorcycling.
In 2001, the Department of Health and Human Services released the final rules that would govern the HIPAA law. The rules recognized that employers could not refuse health-care coverage to an employee on the basis of their participation in a recognized legal activity. However, the agency said benefits could be denied for injuries sustained in collection with those activities. As a result, employees were guaranteed the right to health-care coverage, but not guaranteed any benefits under those plans.
The AMA was outraged, noting that when federal bureaucrats had gone against the will of Congress, and the Association immediately lobbied Congress to right this wrong. Others involved in the effort included the Blue Ribbon Coalition, Motorcycle Riders Foundation, ABATE of Wisconsin, ABATE of Ohio, the American Council of Snowmobile Associations and the American Horse Council.
An easy way to send letters urging members of Congress to co-sponsor this legislation through the AMA Rapid Response Center.
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In an issue near and dear to the hearts of road riding motorcyclists -- the Federal Motor Carrier Safety Administration has issued a notice of proposed rulemaking to amend a rule concerning protection against shifting and falling cargo for commercial motor vehicles in interstate commerce.
The proposed regulations would ensure commercial motor vehicles are maintained, equipped, loaded, and operated safely by requiring that cargo be secured in a manner that prevents it from shifting. Comments are due August 8, 2005. For more information contact Larry Minor, FMCSA Vehicle and Roadside Operations Division, at 202-366-4009.
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Riverside County, California Planning Commissioners are considering an ordinance where thousands of ATV and off-highway motorcycle enthusiasts probably would no longer be able to legally ride their bikes on their own land because they wouldn't be able to meet the strict requirements. And the AMA and ATVA government relations, warns that counties nationwide are watching the outcome of the planning commission's actions closely to see if there's the possibility they could enact a similar defacto ban.
There are 47,712 off-highway vehicles registered in Riverside County. There are more than 150,000 more registered OHVs in the neighboring counties of San Bernardino, Orange, and San Diego, a staff report says.
Under the Riverside County proposal, a landowner must have at least five acres to ride on his or her own property. Also, the riding area must be at least 250 feet from the nearest neighbor's home and 100 feet from the property line.
Plus, only two bikes or ATVs could be ridden at a time, riding hours are restricted, steps must be taken to control dust, and the maximum measurable sound level at the property line can't exceed 65 decibels which is even lower in many proposals across the country.
Get involved in your area to head off threats like these before it's too late. To find out how, contact Terry Lee Cook, AMA/ATVA grassroots manager, at (614) 856-1900, ext. 1288; or by e-mail at tcook@atvaonline.com.
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Nebraska’s motorcycle helmet law is intact after the bill to repeal the law was defeated in the state legislature for this session when opponents staged a filibuster. Backers of the repeal needed 33 votes to end the filibuster but came up short with 31.
LB71 ended, in fact, as a compromise. The original legislation, which provided for outright repeal, was toned down in an effort to garner more votes. The bill that eventually failed was a secondary law, meaning motorcyclists could be cited for not wearing a helmet only if stopped for another offense. The legislation would also have expired in 2007 unless renewed by the Nebraska legislature.
The American Motorcyclist Association (AMA) was among the supporters of the original legislation and the AMA Position In Support of Voluntary Helmet Usage can be viewed at http://www.amadirectlink.com/legisltn/positions/helmet.asp.
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The US Consumer Product Safety Commission (CPSC), after recently meeting with the parents of children killed while riding full-size ATVs, has ordered a review of ATV safety rules.
Among other things, Commission Chairman Hal Stratton reportedly has asked the staff to look at whether people who buy ATVs should be required to take safety courses before getting the vehicle. Also, the staff will look at whether dealers should do more to explain to parents the number of children who get hurt riding ATVs.
The CPSC is considering a petition by the Consumer Federation of America, Bluewater Network, and the Natural Trails and Waters Coalition to ban the sale of full-size ATVs for use by children under 16. ATVA Director Doug Morris and AMA/ATVA Legislative Affairs Specialist Royce Wood, representing ATV consumers, have repeatedly urged the commission to reject the petition. The CPSC staff has also urged that the petition be rejected because the panel can't regulate or enforce how consumers use products after purchase.
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One in ten drivers failed a DMV-style test which shows that up to 20million licensed drivers may be unfit and lack basic driving knowledge to operate a motor vehicle on US roadways. Results of a study released from GMAC Insurance suggest that if tested today, one in ten drivers would fail a state drivers test. Furthermore, the study evaluated Americans’ everyday driving habits, unveiling dangerous driving behaviors.
The alarming results were part of the inaugural GMAC Insurance National Drivers Test, a study of almost 5,000 licensed drivers nationwide, between ages 16-65 years, designed to gauge Americans’ driving knowledge. Respondents were administered a 20-question written test representative of those used to award state drivers permits or licenses.
Results suggest that many Americans find standard driving practices vexing, including merging, failure to yield when making left turns, and road-sign interpretation. In addition, many may not take such important topics as drinking and driving seriously enough. Twenty-nine percent (57 million) of drivers who drink admitted they would knowingly drive while over the legal limit “if they felt okay.”
According to the Insurance Institute for Highway Safety (IIHS) areas where respondents showed lack of knowledge or a propensity for unsafe practices are also common causes of auto accidents. Visit www.gmacinsurance.com to take the interactive drivers test yourself, and for online resources such as Top Five Claims, Safe Driving Tips and other helpful links.
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Massachusetts Natural Resources and Agriculture Committee heard supporting testimony in support of House Bill 1289, which would set up a Trail Maintenance Assessment sticker program for riding on state forest trails and other trails approved under the program, from AMA Chartered New England Trail Rider Association (NETRA) and others.
Under the proposed legislation ATV and off-highway motorcycle riders would purchase a sticker, with the funds used exclusively for trail establishment, maintenance, enforcement, and sticker distribution, similar to the programs in many other states.
There was no testimony against the proposed legislation. However, NETRA has been unable to get the state Department of Conservation and Recreation support for the bill, which provides for much needed trail maintenance at no cost to the state.
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British Department of Transport is set to reveal plans for a new road charge scheme which charges for every mile you cover. The pilot programs set-up within two years, although the plans are unlikely to become reality before 2015.
Road use would be measured by satellite tracking, with quiet country lanes costing 2p a mile, and the busiest areas costing £1.30 ($2.28). And riders would need to have tracking devices fitted. There's currently no official line on whether motorcycles will be included, with the Transport saying that they can't answer any specific questions, but it could see bikes and cars priced off the roads.
As an example, commuting ten miles in rush hour at the top price would cost £13 ($22.82) one way. To get home during rush hour doubles it to £26 ($45.64). And work five days a week and you'll be paying £130 ($228.15) just to get to and from work. Do that every week and you'll pay £6760 ($11,863.81) just to commute.
The American Motorcyclist Association (AMA) in cooperation with the National Off-Highway Vehicle Conservation Council (NOHVCC) and Washington off-highway vehicle (OHV) enthusiasts will conduct an AMA Ride Into Political Action Seminar and State Association Development Workshop for Evergreen State OHV enthusiasts on November 5-6,2005.
The purpose of the workshop and seminar is to provide the information and processes with which Washington OHV recreationists can most effectively influence legislation and management affecting their riding opportunities. The workshop will also provide the guidelines and a six-month plan for forming a Washington State OHV Association.
Off-highway, trials and dual-sport motorcyclists, ATV riders, four-wheel drivers, and snowmobile enthusiasts are invited to attend and help create a positive future for riding opportunities in Washington.
Advance registration is required. The registration deadline is October 21st. For registration forms and further information regarding the workshop please contact Dana Bell at (562) 438-6527 or at danafbell@cs.com.
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New Hampshire motorcycle riders will face stiffer penalties for bikes that are too loud under House Bill 326. House and Senate members of a conference committee came to agreement on legislation banning so-called "straight pipes" on exhaust systems which Seacoast police chiefs have said lead to excessive noise and a lot of complaints from residents in the summer. The committee agreed to keep the current testing system in place, but increase the fines for violating the 106 decibel level from $43 to $100 for a first offense and up to $300 for subsequent offenses.
Current law does ban straight pipes, but according to House Transportation Committee Chairman Sherman Packard (R-Londonderry) the language of the law is a bit ambiguous. Current law prohibits any person from operating a motorcycle that has a measured noise level of more than 106 decibels. The full House and Senate must now approve the measure, which takes affect 30 days after passage.
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The US Bureau of Land Management (BLM) announced that it will close one of California's most popular off-road recreational vehicle areas,30,000 acres of public land that stretches over two Central Valley counties, during the dry months after tests showed riders kicking up dust with dangerously high levels of asbestos native to the region.
The closure of the land within the Clear Lake Management area in southern San Benito and western Fresno counties will be June 4 to Oct. 15. The land will be closed to all public land use, vehicle and non-vehicle, with exceptions for private property landowners within the area and some others.
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North Carolina State Senate Majority Leader Tony Rand (D-Cumberland County) has agreed to act on state a Motorcycle Awareness Funding Proposal.
Rand pledged to get the proposal to the State Highway Patrol and/or take other action on it. Since it is past filing deadlines, the bill would most likely be introduced during the 2006 session.
This legislation would fund the production and distribution of attention getting professional radio ads with motorists as the target audience. The ads would then be distributed for use as public service announcements by broadcasters, and serve as a reminder to motorists to be more aware of motorcyclists.
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