B.O.L.T IN ACTION
I am very impressed, and very proud Phil Horne is in B.O.L.T. of NC. He has become quite a champion among champions. This is an excellent example of taking the initiative, seeing things through, planning next moves, and not being satisfied with BS answers. JAN
This is all about the NC Helmet Law Propaganda video DVD that Phil insisted on getting - that, by itself, took weeks of perseverance.
I especially like this part:
He says question asked and answered. I say question asked, GHSP resists; question asked again, GHSP resists again; threat to invoke NC law made, GHSP acquiesces; update status requested, GHSP stonewalls –repeat as required until pesky citizen goes away. I didn’t go away.
JAN
http://boltusa.org/node/82#comment-186 Comments allowed and appreciated.
Calling BS on the BS
Here's my reply to my Senator (cc: Conti, Weinstein, and Jernigan) on the BS from the GHSP:
Susanne, please pass to Harry,
I’ve been round and round with the GHSP on this issue and do not feel inclined to go another round. Let me just tell you this:
Nowhere in FMVSS 218 is there any mention of liner thickness. The DVD is absolutely wrong on this point and so are the GHSP and Mr. Jernigan. Ask GHSP to cite the page and paragraph of FMVSS 218 where this information can be found. It is not there. You and NC law enforcement have been lied to.
I acknowledge that FMVSS 218 contains the labeling requirements cited, but these requirements are placed upon manufacturers, distributors, and sellers, not purchasers and users of helmets. What GHSP does not tell anyone is that any citizen is free to remove or obscure any label placed on any helmet by the manufacturer, therefore this is not a standard that any law enforcement officer can use as presumption of guilt or to establish probable cause to cite. If NC law prohibits any purchaser from obscuring or removing a label, ask Mr. Jernigan to cite it. I can assure you the federal government does not prohibit it (I’ll be glad to share any number of letters from NHTSA to this fact) and based upon the doctrine of preemption when NC adopted FMVSS 218 it was adopted lock, stock, and barrel. On this point the best I can say about GHSP and their video is that it is deceitful.
FMVSS 218 clear? That’s a laugh. FMVSS 218 is a testing protocol that gives guidance on impact attenuation tests, penetration tests, and retention system tests, that much is clear. It says nothing about what a helmet looks like, which is the standard applied by the police against me and every other person who has been cited and subsequently had their case dismissed in court. FMVSS 218 is not the standard being used to enforce the law and it is not the standard being depicted in the DVD. If it was, the DVD would show cops how to slam helmets upon anvils. Let’s face it; we traded one vague and unenforceable law for a different vague and unenforceable law.
With respect to my request for the DVD product, Mr. Nail resisted on two occasions, saying that the product was only for NC law enforcement. When I suggested that I was entitled to this product under NC Public Records law his attitude changed. He then told me that NC APT was the source of supply and he would find out cost and condition. I finally got this information after contacting Mr. Nail 3 additional times. Not exactly the responsive government reply to a citizens request that Mr. Jernigan makes it out to be, is it? He says question asked and answered. I say question asked, GHSP resists; question asked again, GHSP resists again; threat to invoke NC law made, GHSP acquiesces; update status requested, GHSP stonewalls –repeat as required until pesky citizen goes away. I didn’t go away. I’d be happy to provide the email string to validate my side of the story.
Mr. Jernigan cites some statistics. Pretty impressive. In the Marine Corps we had a phrase for the economies he cites. Decorum prevents the actual phrase, but let’s just say that “rectal pluck” comes pretty close. I view it as a typical response designed to frighten lawmakers and the public into accepting another intrusion on adult freedom of choice. More crashes and fewer fatalities....funny how he does not attribute this windfall to helmets and our awesome, easily understood helmet law; probably because he can’t without being dishonest. Fewer fatalities in 2009......the entire country had fewer fatalities. NHTSA attributes it to decreased ridership, which is what riders have been telling safety nannies like Mr. Jernigan all along. Helmets do not prevent accidents and reducing accidents is the best way to reduce rider injury and fatalities.
I thank you for making the inquiry. I wanted to know what the Secretary of Transportation intended to do about the deception perpetrated by the GHSP to NC law enforcement via the shameful “training” DVD provided them. I suppose by Mr. Jernigan’s note that I have my answer…..nothing. Harry will have to decide for himself who is the more credible party.
Sincerely,
Phil
