NEW YORK LEGISLATION UPDATES:

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NEW YORK LEGISLATION UPDATES:


Motorcycle, gang: none

HELMET
Bill Number: S02974

Senate Sponsor: NOZZOLIO

Amd S381, V & T L

Exempts motorcyclists over the age of twenty-one from the requirement of

wearing protective helmets of a type approved by the commissioner of

motor vehicles when operating or riding a motorcycle.

Status: 02/04/2011 REFERRED TO TRANSPORTATION

Bill text:

http://assembly.state.ny.us/leg/?default_fld=&bn=S02974&Text=Y
NEW YORK NEWS
FOR IMMEDIATE RELEASE:

Thursday, February 10, 2011

J. David Sampson Appointed Executive Deputy Commissioner Of the New York

State Department of Motor Vehicles....

www.nydmv.state.ny.us/press/pr021011.htm

UPDATES
Georgia- checkpoints
ABATE of Georgia: http://www.abatega.org/state_director.htm

Dan Forrest, State Director

As many of you know, the State of Georgia received $70,000.00 from the

NSTB for Motorcycle ONLY Safety Check Points. They will stop all

Motorcycles at these Check Points.

We were informed by unnamed sources that the Check Points would start in

early March to coincide with The Daytona Bike Week Event. Most points of

entry to Florida will be involved.

We are anticipating them to start March 3rd in order to take advantage

of the additional flow of Motorcycle traffic thru our State.

I was told that the officers conducting the safety check points have

been trained in what to check for so be sure you, you paper work and

your bike are in order.

We understand that this is just a way to increase revenues so do all you

can to avoid adding to the state funds.

There are many who Trailer into Georgia and ride into Florida from here.

You may wish to change your plans and trailer on through to Florida

Dan Forrest,

State Director of A.B.A.T.E. Georgia

Georgia motorcycle laws:

§ 40-6-314. Footrests and handlebars

(b) No person shall operate any motorcycle with handlebars more than 15

inches in height above that portion of the seat occupied by the operator

or with a backrest more commonly known as a sissy bar that is designed

in such a way as to create a sharp point at its apex.

§ 40-6-315. Headgear and eye-protective devices for riders

(a) No person shall operate or ride upon a motorcycle unless he or she

is wearing protective headgear which complies with standards established

by the commissioner of public safety.

(b) No person shall operate or ride upon a motorcycle if the motorcycle

is not equipped with a windshield unless he or she is wearing an

eye-protective device of a type approved by the commissioner of public

safety.
(d) The commissioner of public safety is authorized to approve or

disapprove protective headgear and eye-protective devices required in

this Code section and to issue and enforce regulations establishing

standards and specifications for the approval thereof. The commissioner

shall publish lists of all protective headgear and eye-protective

devices by name and type which have been approved.
NOTE:

Muffler : No acoustical criteria.

Maximum Sound Level: No acoustical criteria.
Illinois -helmets

HB0285: Amends the Illinois Vehicle Code. Provides that every operator

and passenger on a motorcycle, motor driven cycle, or motorized

pedalcycle who is age 26 or younger must wear a helmet that meets

federal safety standards.

Sponsor: Rep. Mary E. Flowers

Status: 2/8/2011-House- Assigned to Transportation: Vehicles & Safety

Committee

HB0290: Amends the Illinois Vehicle Code to require every operator and

passenger on a motorcycle, motor driven cycle, or motorized pedalcycle

to wear a helmet that meets federal safety standards.

Sponsor: Rep. Mary E. Flowers

Status: 2/8/2011-House-Assigned to Transportation: Vehicles & Safety

Committee
Maine - pipes/ helmets

HP 370, LD 477: An Act To Reduce Noise Pollution by Requiring Mufflers

on Motorcycles

Status: Feb 10, 2011: Referred to Committee on Transportation

Bill text:

http://www.mainelegislature.org/legis/bills/bills_125th/billtexts/HP0370
01.asp

HP0277, LD 351: An Act Concerning Motorcycle Safety; This bill requires

an operator of a motorcycle who has held a license endorsed for the

operation of a motorcycle for less than 10 years to wear protective

headgear.
Status:

Last House Action 2/8/2011 - Committee on Transportation

suggested and ordered printed. The Bill was REFERRED to the Committee on

TRANSPORTATION.

Sent for concurrence. ORDERED SENT FORTHWITH.
Last Senate Action 2/8/2011 - On motion by Senator Collins of

York, REFERRED to the Committee on TRANSPORTATION and ordered printed,

in concurrence.

Bill text:
http://www.mainelegislature.org/legis/bills/bills_125th/billtexts/HP0277
01.asp

Nebraska - helmet/eyewear
http://www.nebraskalegislature.gov/calendar/hearings.php?CommitteeID=13

Transportation and Telecommunications

Date: Monday February 14, 2011

Location: Room 1113

Time: 1:30 PM
On agenda:

LB52 : Change motorcycle helmet provisions and require eye protection

Bill text:

http://www.nebraskalegislature.gov/FloorDocs/Current/PDF/Intro/LB52.pdf

New Hampshire - funding for checkpoints

HB148: relative to federal funding for motorcycle-only roadside

checkpoints.

Sponsor: Frank Holden (r)

Status: House Status: PASSED / ADOPTED (Vote 13-0; CC)

Bill text:

http://www.gencourt.state.nh.us/legislation/2011/HB0148.html

NH News

www.seacoastonline.com/articles/20110207-NEWS-110209827

Judge: Motorcycle noise case can't be heard in federal court Group

ordered to repay dealership's legal fees

By Elizabeth Dinan

edinan@seacoastonline.com
February 07, 2011 12:33 PM

CONCORD — The state's federal court declined to hear a motorcycle noise

dispute, remanded the case back to Rockingham County Superior Court and

ordered motorcycle noise opponents to pay a Harley-Davidson dealership's

legal fees.

By order dated Feb. 4, U. S. District Court Judge Landya McCafferty

ruled that a case filed by New Hampshire Citizens Against Loud

Motorcycles belongs in the superior court, not the federal court as NH

CALM had argued. New Castle resident and NH CALM founder Bill Mitchell

previously told the Herald the dispute involves a federal statute and

should be judged in the Federal Circuit Court.

The federal judge disagreed Friday on the basis that NH CALM intervened

in the case involving Seacoast Motorcycles and the Town of North

Hampton. Because the town did not join NH CALM in its motion to have the

case heard in the federal court, the judge wrote, the court lacked

jurisdiction over the dispute.

“Without formally analyzing the issue, the court observes that NH CALM's

claim for federal-question jurisdiction appears to be exceptionally

weak,” wrote Judge McCafferty..
The judge also ordered NH CALM to pay Seacoast Motorcycles' attorneys

fees in an amount to be determined within 20 days.

The underlying dispute involves a Superior Court lawsuit filed by

Seacoast Motorcycles in opposition to North Hampton's new ordinance

regulating decibel levels emitted by motorcycles. The ordinance requires

a federal Environmental Protection Agency sticker on all motorcycles

manufactured after 1982, which indicates decibel levels don't exceed 80.

That level is lower than the state of New Hampshire's 106-decibel

requirement.
In its suit, the dealership asks the court to file a restraining order

preventing North Hampton from enforcing the motorcycle noise ordinance,

to declare that state law trumps the local ordinance in terms of

motorcycle noise and to award attorney's fees.

North Hampton Police Chief Brian Page has called the ordinance

unenforceable.
“The town ordinance is trying to circumvent state law and is not

enforceable,” he told the town's Select Board in June of 2010. “It would

be ridiculous for me to direct my men to enforce it.”

Mitchell was so annoyed by loud motorcycles roaring past his home, he

used his own money to buy New Castle's police department a decibel meter

last year. He later learned it takes three officers to take an accurate

decibel reading from a stopped motorcycle, so he founded NH CALM. The

group legally formed as a corporation, retained Portsmouth attorney

Robert Shaines and its goal is to raise awareness, publicity and legal

defense funds.

The Harley dealership claims in its suit that the ordinance bans

motorcycles from town without EPA labels on exhaust systems, “even

though the motorcycles comply with the state's noise level limit of 106

decibels.”
“The ordinance has the effect of making the majority of Seacoast's

(Harley dealership) entire used motorcycle inventory illegal,” according

to the suit. The Harley dealership also notes that after-market exhaust

pipes, which are popular among Harley owners, also do not have EPA

stickers.

Last year the N.H. House killed a bill that would have mandated EPA

stickers on motorcycle pipes as “inexpedient to legislate.” The bill was

sponsored by state Rep. Judith Day, D-North Hampton, who has since

joined N.H. CALM.

Tennessee - children on motorcycles

HB 0153/SB 0074: As introduced, prohibits passengers under the age of

five on motorcycles. - Amends TCA Section 55-8-164 and Section 55-9-303.

Status:

HB 0153: 02/09/2011 -Assigned to s/c General Sub of Transportation

SB0074: 02/07/2011- P2C, ref. to S. Trans Comm.

Bill text: http://www.capitol.tn.gov/Bills/107/Bill/HB0153.pdf
------------------------------------------------------------------------

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Virginia - children on motorcycles



HB 1850 Motorcycles; prohibits children under age eight from riding.

Sponsor: Christopher P. Stolle

Status:

01/27/11 House: Subcommittee recommends laying on the table by voice

vote

02/08/11 House: Left in Militia, Police and Public Safety

Bill text:

http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+HB1850

Washington -motorcycle profiling/parades

HB 1333/SB 5242: Addressing motorcycle profiling.

Status:

HB 1333: Feb 15 -Scheduled for public hearing in the House Committee on

General Government Appropriations & Oversight at 8:00 AM. (Subject to

change

SB 5242 : Feb 10 -Made eligible to be placed on second reading.

FEDERAL
Bill text:

http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/House%20Bills/1333.pdf

 Temporarily suspending certain motorcycle rules when operating

in parades or public demonstrations.

Status:

Feb 9: 1st substitute bill substituted (TRAN 11).

Rules suspended. Placed on Third Reading.

Third reading, passed; yeas, 46; nays, 0; absent, 0; excused, 2.

Feb 10: In the House- First reading, referred to Transportation.

Bill text:

http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/Senate%20Bills/5185-S.pdf

PATRIOT Act:

H.R.514: To extend expiring provisions of the USA PATRIOT Improvement

and Reauthorization Act of 2005 and Intelligence Reform and Terrorism

Prevention Act of 2004 relating to access to business records,

individual terrorists as agents of foreign powers, and roving wiretaps

until December 8, 2011.

Sponsor: Rep Sensenbrenner, F. James, Jr. [WI-5] (introduced 1/26/2011)

Cosponsors (2)

Related Bills: H.RES.79, H.R.67

Latest Major Action: 2/8/2011 Failed of passage/not agreed to in House.

Status: On motion to suspend the rules and pass the bill Failed by the

Yeas and Nays: (2/3 required): 277 - 148 (Roll no. 26)
Latest Action: 2/9/2011 Rules Committee Resolution H. Res. 79 Reported

to House. Rule provides for consideration of H.R. 514 with 1 hour of

general debate. Previous question shall be considered as ordered without

intervening motions except motion to recommit with or without

instructions. Measure will be considered read. Bill is closed to

amendments. All points of order against provisions in the bill are

waived.
FINAL VOTE RESULTS FOR ROLL CALL 26

http://clerk.house.gov/evs/2011/roll026.xm


H.RES.79 : Providing for consideration of the bill (H.R. 514) to extend

expiring provisions of the USA PATRIOT Improvement and Reauthorization

Act of 2005 and Intelligence Reform and Terrorism Prevention Act of 2004

relating to access to business records, individual terrorists as agents

of foreign powers, and roving wiretaps until December 8, 2011.

Sponsor: Rep Dreier, David [CA-26] (introduced 2/9/2011) Cosponsors

(None)

Committees: House Rules

House Reports: 112-8

Latest Major Action: 2/9/2011 Placed on the House Calendar, Calendar No.8.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

NEW REPORTS
Helmets Cut Cervical Spine Injuries, Too

By Nancy Walsh, Staff Writer, MedPage Today

Published: February 09, 2011

Reviewed by Dori F. Zaleznik, MD; Associate Clinical Professor of

Medicine, Harvard Medical School, Boston and Dorothy Caputo, MA, RN,

BC-ADM, CDE, Nurse Planner

http://www.medpagetoday.com/CriticalCare/HeadTrauma/24780
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