UNITED WE RIDE..... DIVIDED....WE WALK
LJ JAMES
Here is the Show guide and the Blog can be reached at
bikersofamerica.blogspot.com
Screwdriver and Bill are hosting “THE BIKERS OF AMERICA,
THE PHIL AND BILL SHOW”
Know your Rights show every Thursday at 9 pm Est/ 6 pm Pac.
We invite you to participate by clicking the web address
www.blogtalkradio.com/bikersofamerica. or by calling
#347-826-7753 and follow the prompts.
Or for direct access, just google
screwdriver@alphabiker.com
from there you will get 2 links the radio show and the blog.
You will not want to miss this show!
The next “THE BIKERS OF AMERICA (THE PHIL and BILL SHOW)” will be on
JULY/1/ 2010 at 6pm Pacific and 9pm Eastern. We will be
- Hide quoted text -
featuring different topics Guests from around the World. Bikers
Rights, News off the wire and B.O.L.T updates from across the country.
Other potential topics –
• How Bill and I have been involved with over the years;
• The unconstitutional roadside checkpoints;
• The motorcycle only checkpoints;
• The Helmet Law’s Unconstitutional Enforcement;
• Legislation and Politics;
• The Veterans Groups,
• The V.A. Hospitals, and
• Helping Our Brothers and Sisters when asked.
Participation Options: Our show is flexible so we can either control
the topic or we will be happy to turn the podium to you. Should you
wish to hold the podium, please email me, Screwdriver at
Countermeasures Division (strokerz383@gmail.com). Please not that
this e-mail address is being protected from spambots so you will need
JavaScript enabled to view it.
Let’s Not Forget:
The Bolt Liberty Call In Hour hosted by Jan on Tuesdays at 9pm Est
or 6pm Pac through www.talkshoe.com/66775. Call in at 724-444-7444,
show #66775, and
The BikerLowDown Radio Show hosted by Chuck and The Crew. Call in
at 347-237-4874 on Wednesdays at 8pm Est or 5pm Pac at
www.bikerlowdown.com. and our new sister show Hermislive.com
on Sunday JULY/11/2010at 5pm pac, 8pm est.
For broader communication, since these shows are open to the public,
please pass this email along to your family and/or friends, who you
know are interested in Motorcyclist Rights. Remember the bottom-line;
we all have a sincere involvement with knowing, sharing, and/or
enhancing our understanding about our rights as members of the biker
community so I am asking for you, family, and friends to support the
above three (3) shows.
Thank you, in advance, for your anticipated support and participation
in these important discussions.
Philip (aka Screwdriver)
BOLT of California
(760) 207-2965 or strokerz383@gmail.com
This e-mail address is being protected from spambots. You need
JavaScript enabled to view it.
For more information about Bikers Of A Lesser Tolerance, please visit
http://boltusa.org or for California Rights information see
www.boltofca.com
Wednesday, June 30, 2010
Guess you can't please some people any of the time!
OFF THE WIRE
http://wheels.blogs.nytimes.com/2010/06/21/anti-noise-activists-oppose-sounds-for-electric-cars/
Anti-Noise Activists Oppose Sounds for Electric Cars
By JIM MOTAVALLI
The ultraquiet Nissan Leaf battery car will produce a synthesized sound to warn blind people and other pedestrians, but the driver can turn it off. The on-off feature has caused some consternation among advocates for the blind. But the very existence of this new addition to the standard traffic cacophony has also raised the hackles of another community — anti-noise activists.
“The advantage of hybrid and electric vehicles is that they’re quiet,” said Richard Tur, the founder of NoiseOff.org, which he describes as a coalition working to reduce noise pollution. “There’s a lot of scaremongering in the media portraying these cars as some kind of shark in the water, but I don’t see people getting run over left and right by them.”
Mr. Tur said that one proposed alternative to car-generated sounds is a device to be worn by blind people and other pedestrians that could receive signals generated by electric and hybrid cars and generate a warning. But Chris Danielsen, a spokesman for the National Federation of the Blind, said that “technology can fail — maybe the battery would go dead. Blind people would rather rely on our own senses and judgment than depending on a piece of technology.”
But would sounds emitted from E.V.’s, or electric vehicles, actually help? For Les Blomberg, founder of the nonprofit Noise Pollution Clearinghouse, part of the problem in detecting a vehicle’s approach is what he calls “masking” — too much traffic din makes it hard to hear any individual car, including hybrids and electrics. “Adding sounds does not increase detectability,” he said. “Instead, the solution is to decrease the noise from the worst offenders, which are trucks, buses and motorcycles.”
Mr. Danielsen said that test subjects in a study at the University of California at Riverside had worn headphones and listened to recordings of hybrid cars, operating at low speeds only on their electric motors. Even without any ambient noise, the test subjects, he said, could not hear the hybrids in time. “In real life, they would have been hit,” he said.
The study’s author, Lawrence Rosenblum, a psychologist, also did tests with added background noise, which made the cars even harder to detect. The study, which tested the reaction time to both hybrids and internal-combustion cars, was funded by the National Federation of the Blind.
Arline Bronzaft, the chairwoman of the noise committee for New York City’s GrowNYC, said in a statement that adding noise to E.V.’s “will increase the din in our environment for everyone. This at a time when we have increasing evidence that noise is hazardous to our mental and physical well-being.” She cited the Noise Control Act of 1972 as recognizing citizens’ rights to a quieter environment and also recommends a technological solution involving “special receivers” for the visually impaired.
Chelsea Sexton, a consultant to the E.V. industry, opposes the pending legislation, which would require generated sounds — with no on-off switch for the driver — on silent electric or hybrid cars. “I don’t think we have enough data to legislate noises on entire classes of vehicles,” she said. “We’re shifting responsibility from the driver not to hit someone onto the pedestrian to hear the car.”
Ms. Sexton said that if a law were drafted basing the need for added sounds on vehicles’ actual decibel level, it would probably ensnare some very quiet luxury cars, too.
Eric Bridges, director of advocacy and governmental affairs for the American Council of the Blind, asks people studying the issue to put themselves in his place, standing on a corner at a busy four-way intersection.
“You’re hearing traffic, or sometimes not hearing anything, and trying to figure out when it’s safe to cross,” said Mr. Bridges, who is blind. “An internal-combustion engine is a cue for you. But if there’s a hybrid or electric car there, it is making no noise whatsoever, and that impacts your ability to make a proper decision on whether it’s safe to cross the street. Millions of blind people make decisions like this every day.”
http://wheels.blogs.nytimes.com/2010/06/21/anti-noise-activists-oppose-sounds-for-electric-cars/
Anti-Noise Activists Oppose Sounds for Electric Cars
By JIM MOTAVALLI
The ultraquiet Nissan Leaf battery car will produce a synthesized sound to warn blind people and other pedestrians, but the driver can turn it off. The on-off feature has caused some consternation among advocates for the blind. But the very existence of this new addition to the standard traffic cacophony has also raised the hackles of another community — anti-noise activists.
“The advantage of hybrid and electric vehicles is that they’re quiet,” said Richard Tur, the founder of NoiseOff.org, which he describes as a coalition working to reduce noise pollution. “There’s a lot of scaremongering in the media portraying these cars as some kind of shark in the water, but I don’t see people getting run over left and right by them.”
Mr. Tur said that one proposed alternative to car-generated sounds is a device to be worn by blind people and other pedestrians that could receive signals generated by electric and hybrid cars and generate a warning. But Chris Danielsen, a spokesman for the National Federation of the Blind, said that “technology can fail — maybe the battery would go dead. Blind people would rather rely on our own senses and judgment than depending on a piece of technology.”
But would sounds emitted from E.V.’s, or electric vehicles, actually help? For Les Blomberg, founder of the nonprofit Noise Pollution Clearinghouse, part of the problem in detecting a vehicle’s approach is what he calls “masking” — too much traffic din makes it hard to hear any individual car, including hybrids and electrics. “Adding sounds does not increase detectability,” he said. “Instead, the solution is to decrease the noise from the worst offenders, which are trucks, buses and motorcycles.”
Mr. Danielsen said that test subjects in a study at the University of California at Riverside had worn headphones and listened to recordings of hybrid cars, operating at low speeds only on their electric motors. Even without any ambient noise, the test subjects, he said, could not hear the hybrids in time. “In real life, they would have been hit,” he said.
The study’s author, Lawrence Rosenblum, a psychologist, also did tests with added background noise, which made the cars even harder to detect. The study, which tested the reaction time to both hybrids and internal-combustion cars, was funded by the National Federation of the Blind.
Arline Bronzaft, the chairwoman of the noise committee for New York City’s GrowNYC, said in a statement that adding noise to E.V.’s “will increase the din in our environment for everyone. This at a time when we have increasing evidence that noise is hazardous to our mental and physical well-being.” She cited the Noise Control Act of 1972 as recognizing citizens’ rights to a quieter environment and also recommends a technological solution involving “special receivers” for the visually impaired.
Chelsea Sexton, a consultant to the E.V. industry, opposes the pending legislation, which would require generated sounds — with no on-off switch for the driver — on silent electric or hybrid cars. “I don’t think we have enough data to legislate noises on entire classes of vehicles,” she said. “We’re shifting responsibility from the driver not to hit someone onto the pedestrian to hear the car.”
Ms. Sexton said that if a law were drafted basing the need for added sounds on vehicles’ actual decibel level, it would probably ensnare some very quiet luxury cars, too.
Eric Bridges, director of advocacy and governmental affairs for the American Council of the Blind, asks people studying the issue to put themselves in his place, standing on a corner at a busy four-way intersection.
“You’re hearing traffic, or sometimes not hearing anything, and trying to figure out when it’s safe to cross,” said Mr. Bridges, who is blind. “An internal-combustion engine is a cue for you. But if there’s a hybrid or electric car there, it is making no noise whatsoever, and that impacts your ability to make a proper decision on whether it’s safe to cross the street. Millions of blind people make decisions like this every day.”
Thought this would interest you
OFF THE WIRE
http://content.usatoday.com/communities/driveon/post/2010/06/rocket-engineer-pursues-dream-of-a-flying-motorcycle/1 Engineer pursues dream of flying motorcycle 06:01 AM
This is Joseph Caravella Jr. designer of his flying motorcycle. Here he sits in a prototype on display at the Airventire airshow in Oshkosh Wisconsin during the week of July 28th, 2008. CAPTIONBy Tim Loehrke, USA TODAYA couple years ago, we told you the story of a Los Angeles man who quit his job as an aerospace engineer at a big company to pursue a dream: to create a flying motorcycle.
Joe Caravella hopes this will be his flying motorcycle. Of course, he still needs to add wings. CAPTIONBy As dreams go, this was no small order. He's working pretty much alone in the garage of a surburban home in L.A.'s San Fernando Valley, the official home of Caravella Aerospace. But the new news is the Joe Caravella is about to unveil the second version of what he hopes will become his flying motorcycle, just in time for the big fly-in aviation show in Oshkosh, Wis., later this summer. Like the last one, this version of the CaraVellair won't fly, but he will be able to race it up and down the street to drum up interest. That's the original with Caravella aboard in the photo at top, and at right is the latest version.
Caravella is a meticulous sort, which you pretty have to be when it comes to trying to make a motorcycle fly. He quit his aeronautical engineering job in November, 2007, to pursue his dream. His vision is a three-wheel motorcycle that can driven around city streets, then taken to the airport where its towable wings are deployed. There, it would take off like an airplane. It would have a pusher-style propeller drive, designed to be perfect for the long, rural commutes.
Caravalla says the new version is beefier than the last one, but still keeps within its weight limits. Where does that added weight come from?
The wheels, for example. They are from a Smart car this time, not just taken off an electric scooter. He's using the same 1,000 cubic centimeter motorcycle engine as before.
"It's heavy but affordable," Caravella says. He pursues his dream, he says, because "I want one of these in my garage." He swears that he will have a flying prototype next year. The 1,320-pound craft will be considered an "experimental" aircraft as a prototype, but Caravella truly hopes and believes someone will built his dream one day.
http://content.usatoday.com/communities/driveon/post/2010/06/rocket-engineer-pursues-dream-of-a-flying-motorcycle/1 Engineer pursues dream of flying motorcycle 06:01 AM
This is Joseph Caravella Jr. designer of his flying motorcycle. Here he sits in a prototype on display at the Airventire airshow in Oshkosh Wisconsin during the week of July 28th, 2008. CAPTIONBy Tim Loehrke, USA TODAYA couple years ago, we told you the story of a Los Angeles man who quit his job as an aerospace engineer at a big company to pursue a dream: to create a flying motorcycle.
Joe Caravella hopes this will be his flying motorcycle. Of course, he still needs to add wings. CAPTIONBy As dreams go, this was no small order. He's working pretty much alone in the garage of a surburban home in L.A.'s San Fernando Valley, the official home of Caravella Aerospace. But the new news is the Joe Caravella is about to unveil the second version of what he hopes will become his flying motorcycle, just in time for the big fly-in aviation show in Oshkosh, Wis., later this summer. Like the last one, this version of the CaraVellair won't fly, but he will be able to race it up and down the street to drum up interest. That's the original with Caravella aboard in the photo at top, and at right is the latest version.
Caravella is a meticulous sort, which you pretty have to be when it comes to trying to make a motorcycle fly. He quit his aeronautical engineering job in November, 2007, to pursue his dream. His vision is a three-wheel motorcycle that can driven around city streets, then taken to the airport where its towable wings are deployed. There, it would take off like an airplane. It would have a pusher-style propeller drive, designed to be perfect for the long, rural commutes.
Caravalla says the new version is beefier than the last one, but still keeps within its weight limits. Where does that added weight come from?
The wheels, for example. They are from a Smart car this time, not just taken off an electric scooter. He's using the same 1,000 cubic centimeter motorcycle engine as before.
"It's heavy but affordable," Caravella says. He pursues his dream, he says, because "I want one of these in my garage." He swears that he will have a flying prototype next year. The 1,320-pound craft will be considered an "experimental" aircraft as a prototype, but Caravella truly hopes and believes someone will built his dream one day.
More government forced helmet use
CHECK OUT THE VIDEO!!!!!
http://abclocal.go.com/kabc/video?id=7473678
http://abclocal.go.com/kabc/video?id=7473678
From AbATE of Illinois
OFF THE WIRE
Today, A.B.A.T.E. Legal Services filed A.B.A.T.E. of Illinois’s “Petition for Leave to Appeal” with the Illinois Supreme Court. Last month, the 4th District of the Illinois Appellate Court ruled that the Cycle Rider Safety Training (“CRST”) Fund was not protected from raids by the Governor and the General Assembly because trust created for that Fund was revocable. That is, the General Assembly could undo the terms of that trust at any time – even by implication. Among the many issues we ask the Supreme Court to rule upon is whether CRST money is protected by an irrevocable trust or whether the language in the CRST Act regarding that money is essentially meaningless.
George Tinkham A.B.A.T.E. State Legislative Coordinator "Helping Democracy Work"
Today, A.B.A.T.E. Legal Services filed A.B.A.T.E. of Illinois’s “Petition for Leave to Appeal” with the Illinois Supreme Court. Last month, the 4th District of the Illinois Appellate Court ruled that the Cycle Rider Safety Training (“CRST”) Fund was not protected from raids by the Governor and the General Assembly because trust created for that Fund was revocable. That is, the General Assembly could undo the terms of that trust at any time – even by implication. Among the many issues we ask the Supreme Court to rule upon is whether CRST money is protected by an irrevocable trust or whether the language in the CRST Act regarding that money is essentially meaningless.
George Tinkham A.B.A.T.E. State Legislative Coordinator "Helping Democracy Work"
American Motorcycle Association Statement
American Motorcycle Association Statement
June 29, 2010
FOR IMMEDIATE RELEASE
Contact: James Holter
Phone: (614) 856-1900, ext. 1280
E-mail: jholter@ama-cycle.org
California lawmakers back EPA compliant requirement for riders of new motorcycles
PICKERINGTON, Ohio -- A key California State Assembly committee has endorsed a proposal to require motorcyclists to have EPA-compliant exhaust systems on their model year 2011 and newer motorcycles, the American Motorcyclist Association (AMA) reports.
On June 28, the Committee on Transportation voted 8-4 to approve Senate Bill 435, introduced by Sen. Fran Pavley (D-Oxnard-Los Angeles), which would make it illegal to ride a motorcycle on the road built on, or after, Jan. 1, 2011, that doesn't display a federal Environmental Protection Agency (EPA) label certifying the exhaust system meets sound emissions standards.
Riders caught riding model year 2011 or newer motorcycles without this stamp would be issued "fix it" tickets by law enforcement officers.
The measure now goes to the Assembly Appropriations Committee for further consideration.
"Many EPA labels are very difficult to locate on motorcycles," said AMA Western States Representative Nick Haris. "This proposed law could lead to a flurry of tickets for motorcyclists who have legal exhaust systems on their machines with EPA labels that can't be easily seen. It's unreasonable to expect a law enforcement officer to easily locate an EPA label, and it's simply unfair to expect a motorcycle owner to partially dismantle an exhaust system alongside the road to prove the label exists.
"Requiring that a motorcycle display a readily visible EPA label isn't the correct way to address concerns about excessive motorcycle sound," he added. "The only objective way to determine whether a motorcycle complies with sound laws is for properly trained personnel to conduct sound level tests using calibrated meters and an agreed-upon testing procedure."
Haris suggested that concerned California motorcyclists contact their state lawmakers and urge them to reject Senate Bill 435. To do so, go to AmericanMotorcyclist.com > Rights > Issue & legislation and select "CA" in the drop down menu.
The AMA has long maintained a position of strong opposition to excessive motorcycle sound. In September 2009, the AMA developed model legislation for use by cities and states seeking a simple, consistent and economical way to deal with sound complaints related to on-highway motorcycles within the larger context of excessive sound from all sources. The model legislation offers an objective method to evaluate motorcycle sound based on the Society of Automotive Engineers' (SAE) J2825 standard, "Measurement of Exhaust Sound Pressure Levels of Stationary On-Highway Motorcycles." For more information, see AmericanMotorcyclist.com > Rights > Resources > Model Legislation.
About the American Motorcyclist Association
Since 1924, the AMA has protected the future of motorcycling and promoted the motorcycle lifestyle. AMA members come from all walks of life, and they navigate many different routes on their journey to the same destination: freedom on two wheels. As the world's largest motorcycling rights organization, the AMA advocates for motorcyclists' interests in the halls of local, state and federal government, the committees of international governing organizations, and the court of public opinion. Through member clubs, promoters and partners, the AMA sanctions more motorsports competition and motorcycle recreational events than any other organization in the world. AMA members receive money-saving discounts from dozens of well-known suppliers of motorcycle services, gear and apparel, bike rental, transport, hotel stays and more. Through the AMA Motorcycle Hall of Fame, the AMA preserves the heritage of motorcycling for future generations. For more information, please visit MailFilterGateway has detected a possible fraud attempt from "r20.rs6.net" claiming to be AmericanMotorcyclist.com.
June 29, 2010
FOR IMMEDIATE RELEASE
Contact: James Holter
Phone: (614) 856-1900, ext. 1280
E-mail: jholter@ama-cycle.org
California lawmakers back EPA compliant requirement for riders of new motorcycles
PICKERINGTON, Ohio -- A key California State Assembly committee has endorsed a proposal to require motorcyclists to have EPA-compliant exhaust systems on their model year 2011 and newer motorcycles, the American Motorcyclist Association (AMA) reports.
On June 28, the Committee on Transportation voted 8-4 to approve Senate Bill 435, introduced by Sen. Fran Pavley (D-Oxnard-Los Angeles), which would make it illegal to ride a motorcycle on the road built on, or after, Jan. 1, 2011, that doesn't display a federal Environmental Protection Agency (EPA) label certifying the exhaust system meets sound emissions standards.
Riders caught riding model year 2011 or newer motorcycles without this stamp would be issued "fix it" tickets by law enforcement officers.
The measure now goes to the Assembly Appropriations Committee for further consideration.
"Many EPA labels are very difficult to locate on motorcycles," said AMA Western States Representative Nick Haris. "This proposed law could lead to a flurry of tickets for motorcyclists who have legal exhaust systems on their machines with EPA labels that can't be easily seen. It's unreasonable to expect a law enforcement officer to easily locate an EPA label, and it's simply unfair to expect a motorcycle owner to partially dismantle an exhaust system alongside the road to prove the label exists.
"Requiring that a motorcycle display a readily visible EPA label isn't the correct way to address concerns about excessive motorcycle sound," he added. "The only objective way to determine whether a motorcycle complies with sound laws is for properly trained personnel to conduct sound level tests using calibrated meters and an agreed-upon testing procedure."
Haris suggested that concerned California motorcyclists contact their state lawmakers and urge them to reject Senate Bill 435. To do so, go to AmericanMotorcyclist.com > Rights > Issue & legislation and select "CA" in the drop down menu.
The AMA has long maintained a position of strong opposition to excessive motorcycle sound. In September 2009, the AMA developed model legislation for use by cities and states seeking a simple, consistent and economical way to deal with sound complaints related to on-highway motorcycles within the larger context of excessive sound from all sources. The model legislation offers an objective method to evaluate motorcycle sound based on the Society of Automotive Engineers' (SAE) J2825 standard, "Measurement of Exhaust Sound Pressure Levels of Stationary On-Highway Motorcycles." For more information, see AmericanMotorcyclist.com > Rights > Resources > Model Legislation.
About the American Motorcyclist Association
Since 1924, the AMA has protected the future of motorcycling and promoted the motorcycle lifestyle. AMA members come from all walks of life, and they navigate many different routes on their journey to the same destination: freedom on two wheels. As the world's largest motorcycling rights organization, the AMA advocates for motorcyclists' interests in the halls of local, state and federal government, the committees of international governing organizations, and the court of public opinion. Through member clubs, promoters and partners, the AMA sanctions more motorsports competition and motorcycle recreational events than any other organization in the world. AMA members receive money-saving discounts from dozens of well-known suppliers of motorcycle services, gear and apparel, bike rental, transport, hotel stays and more. Through the AMA Motorcycle Hall of Fame, the AMA preserves the heritage of motorcycling for future generations. For more information, please visit MailFilterGateway has detected a possible fraud attempt from "r20.rs6.net" claiming to be AmericanMotorcyclist.com.
BUB does not support SB435.
From: Linnea Johnston
Subject: RE: BUB and SB435
To: "'Red Barron'"
Date: Tuesday, June 29, 2010, 7:49 AM
Dear Red Barron,
BUB does not support SB435.
Respectfully,
Linnea Johnston
Racing Projects Coordinator/Registration
Marketing/Tech/Sales Team Member
Warranty Manager
877-282-7473 X220 530-477-7485 fax linnea@bub.com
BUB BRAND PRODUCT NOW AVAILABLE DIRECT www.bub.com
Twitter us at: Facebook us at:
http://twitter.com/BUB_Racing http://www.facebook.com/BUB.Exhaust
HOME OF THE WORLD'S FASTEST MOTORCYCLE 367.382mph!
Want your name on the WFM? Join the Speed Club www.Seven-Streamliner.com
E-mail Confidentiality Notice: The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this mess
Subject: RE: BUB and SB435
To: "'Red Barron'"
Date: Tuesday, June 29, 2010, 7:49 AM
Dear Red Barron,
BUB does not support SB435.
Respectfully,
Linnea Johnston
Racing Projects Coordinator/Registration
Marketing/Tech/Sales Team Member
Warranty Manager
877-282-7473 X220 530-477-7485 fax linnea@bub.com
BUB BRAND PRODUCT NOW AVAILABLE DIRECT www.bub.com
Twitter us at: Facebook us at:
http://twitter.com/BUB_Racing http://www.facebook.com/BUB.Exhaust
HOME OF THE WORLD'S FASTEST MOTORCYCLE 367.382mph!
Want your name on the WFM? Join the Speed Club www.Seven-Streamliner.com
E-mail Confidentiality Notice: The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this mess
Just a few thoughts on the EPA exhaust fight in California.
Just a few thoughts on the EPA exhaust fight in California.
There is no reason to compromise a bill that is in blatant violation of our rights!
California Constitution
Article 1, Section 13
SEC. 13. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable seizures and
searches may not be violated; and a warrant may not issue except on
probable cause, supported by oath or affirmation, particularly
describing the place to be searched and the persons and things to be
seizure.
This is very similar, but more wordy than the Washington State Constitution
Article 1
SECTION 7 INVASION OF PRIVATE AFFAIRS OR HOME PROHIBITED. No person shall be disturbed in his private affairs, or his home invaded, without authority of law.
Check out State v. Ladson 1999
The point is that this proposed law, whether it is based on primary or secondary enforcement, is against the CA and US constitution. That alone should give you a clue to the fight you are facing in legislature. To continue to fight the legislation with the emotional argument is a losing proposition.
1. CFR40 sec 205.169 is a commerce standard. It is a measure to provide testing parameters to the manufacturer of exhaust, and is effective up to the point of original purchase. The stamp prohibits tampering prior to sale and makes the use of exhaust that has been tampered with possibly a violation of federal law, however it does not state what federal law would be violated.
2. The manufacturer must list what type of modification would possibly be considered tampering (the regulation itself does not list what the definition of tampering is, the feds won't take that position) A statute violates the due process clause of the Fourteenth Amendment if it fails to afford citizens fair warning of proscribed conduct.
3 The warning also has to carry wording to the effect of 'tampering is ok if the exhaust still meets the noise limits'. Again, the prerequisite of fair warnign is not present. It is not found in the law.
4. Testing is done at pre-described RPM. It is entirely possible that the equipment meets the requirements at 5000rpm, yet could surpass the db limit at other rpms. (similar to any vehicle; it can be driven at the speed limit, yet be able to surpass the speed limit by operator use).
It is not the presence or absence of the EPA stamp that makes the vehicle equipment in violation of this proposed statute. It is more likely operator use. LAWS are already in place in most states that provide objective enforcement. This bill would move the 'reasonable suspicion to subjective, and base the violation on a subjective observation of law enforcement. If they cannot do the test, then the citation won't stick. If this bill is enacted, the motorcyclists Due Process is violated because the automatic fine is $50 no matter what. (violations of 4th, 5th, 8th and 14th amendments)
What is Law Enforcement going to use as probable cause to search for the label? an untrained subjective guess?
BREEZE
There is no reason to compromise a bill that is in blatant violation of our rights!
California Constitution
Article 1, Section 13
SEC. 13. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable seizures and
searches may not be violated; and a warrant may not issue except on
probable cause, supported by oath or affirmation, particularly
describing the place to be searched and the persons and things to be
seizure.
This is very similar, but more wordy than the Washington State Constitution
Article 1
SECTION 7 INVASION OF PRIVATE AFFAIRS OR HOME PROHIBITED. No person shall be disturbed in his private affairs, or his home invaded, without authority of law.
Check out State v. Ladson 1999
The point is that this proposed law, whether it is based on primary or secondary enforcement, is against the CA and US constitution. That alone should give you a clue to the fight you are facing in legislature. To continue to fight the legislation with the emotional argument is a losing proposition.
1. CFR40 sec 205.169 is a commerce standard. It is a measure to provide testing parameters to the manufacturer of exhaust, and is effective up to the point of original purchase. The stamp prohibits tampering prior to sale and makes the use of exhaust that has been tampered with possibly a violation of federal law, however it does not state what federal law would be violated.
2. The manufacturer must list what type of modification would possibly be considered tampering (the regulation itself does not list what the definition of tampering is, the feds won't take that position) A statute violates the due process clause of the Fourteenth Amendment if it fails to afford citizens fair warning of proscribed conduct.
3 The warning also has to carry wording to the effect of 'tampering is ok if the exhaust still meets the noise limits'. Again, the prerequisite of fair warnign is not present. It is not found in the law.
4. Testing is done at pre-described RPM. It is entirely possible that the equipment meets the requirements at 5000rpm, yet could surpass the db limit at other rpms. (similar to any vehicle; it can be driven at the speed limit, yet be able to surpass the speed limit by operator use).
It is not the presence or absence of the EPA stamp that makes the vehicle equipment in violation of this proposed statute. It is more likely operator use. LAWS are already in place in most states that provide objective enforcement. This bill would move the 'reasonable suspicion to subjective, and base the violation on a subjective observation of law enforcement. If they cannot do the test, then the citation won't stick. If this bill is enacted, the motorcyclists Due Process is violated because the automatic fine is $50 no matter what. (violations of 4th, 5th, 8th and 14th amendments)
What is Law Enforcement going to use as probable cause to search for the label? an untrained subjective guess?
BREEZE
Motorcycle rights activist Sputnik dies at 70
OFF THE WIRE
http://galvestondailynews.com/story/159802
Motorcycle rights activist Sputnik dies at 70
By Bronwyn Turner Correspondent Published June 29, 2010
Sputnik Strain, 70, of Alvin, a motorcycle activist who strode through the button-down world of the state Capitol wearing a Mohawk and with the word “free” tattooed on his forehead, died Thursday in Elgin.
He had been working at the state office of the Texas Motorcycle Rights Association when he was apparently felled by a heart attack. Strain had just finished lobbying this past session for one of the most comprehensive motorcycle safety bills in the country.
Strain also will be remembered for his determined push to repeal the motorcycle helmet law in Texas. The legislature approved the repeal in 1997.
More than 1,000 motorcyclists from across the country are expected for the memorial service, planned for July 10. His ashes will be carried in a biker casket trailer, pulled by the Black Diamond Motorcycle Hearse, a 1992 Electra Glide converted to a trike.
The parade of motorcyclists will lead to the Capitol grounds, where a memorial service is planned on the pink granite steps. It will be a fitting spot to remember the man legislators were hard put to forget.
“His appearance was, shall we say, different,” said Texas Land Commissioner Jerry Patterson, who was a state senator when he met Strain in 1993. “When you saw Sputnik, you remembered him. I recommend all lobbyists get a Mohawk haircut.”
Patterson authored the motorcycle helmet repeal law, with Strain’s support.
“He was just not going to take failure as an option,” Patterson said.
“He was jovial but determined. He was a friendly, outgoing guy, afraid of talking to no one.”
Strain, who kept his Mohawk haircut even into his senior years, taught a valuable lesson, Patterson said.
“Don’t be afraid of the first impression you leave because of your appearance because your persistence will always prevail.”
Bill Strain had been called “Sputnik” since his days in the National Guard, when an injury put him on painkillers. Friends joked about him being “high” as the Soviet satellite. Strain later changed his official name to “Sputnik.”
Strain was “the Willie Nelson of bikers,” said Terri Williams, secretary-treasurer of the Texas Motorcycle Rights Association.
“I cannot put into words how devastating the loss is to the biker community, to his family,” she wrote on the association’s website.
“Sputnik will go down in history as the greatest motorcycle rights activist in the history of our nation.”
Williams met Strain when she was working at a motorcycle injury attorney’s office in Austin. He formed the association in 1992, organizing bikers to descend on the state Capitol annually to lobby for safety laws and other issues.
Strain will be remembered not only as an activist but also as an encourager, Williams said.
“He always taught me, no matter what happens to me, I should always have faith and keep going. He had a great deal of faith in God.”
For Strain’s 70th birthday, he had additional artwork added to his forehead. Angel wings were placed on either side of the word “Free.”
+++
Details
• Strain is survived by his wife, Gwendolyn; three children, Chance, Vernon and Lisa; six grandchildren and one great-grandchild.
• For updated information on the memorial service plans, check the website, www.tmra2.org
__._,_.___
http://galvestondailynews.com/story/159802
Motorcycle rights activist Sputnik dies at 70
By Bronwyn Turner Correspondent Published June 29, 2010
Sputnik Strain, 70, of Alvin, a motorcycle activist who strode through the button-down world of the state Capitol wearing a Mohawk and with the word “free” tattooed on his forehead, died Thursday in Elgin.
He had been working at the state office of the Texas Motorcycle Rights Association when he was apparently felled by a heart attack. Strain had just finished lobbying this past session for one of the most comprehensive motorcycle safety bills in the country.
Strain also will be remembered for his determined push to repeal the motorcycle helmet law in Texas. The legislature approved the repeal in 1997.
More than 1,000 motorcyclists from across the country are expected for the memorial service, planned for July 10. His ashes will be carried in a biker casket trailer, pulled by the Black Diamond Motorcycle Hearse, a 1992 Electra Glide converted to a trike.
The parade of motorcyclists will lead to the Capitol grounds, where a memorial service is planned on the pink granite steps. It will be a fitting spot to remember the man legislators were hard put to forget.
“His appearance was, shall we say, different,” said Texas Land Commissioner Jerry Patterson, who was a state senator when he met Strain in 1993. “When you saw Sputnik, you remembered him. I recommend all lobbyists get a Mohawk haircut.”
Patterson authored the motorcycle helmet repeal law, with Strain’s support.
“He was just not going to take failure as an option,” Patterson said.
“He was jovial but determined. He was a friendly, outgoing guy, afraid of talking to no one.”
Strain, who kept his Mohawk haircut even into his senior years, taught a valuable lesson, Patterson said.
“Don’t be afraid of the first impression you leave because of your appearance because your persistence will always prevail.”
Bill Strain had been called “Sputnik” since his days in the National Guard, when an injury put him on painkillers. Friends joked about him being “high” as the Soviet satellite. Strain later changed his official name to “Sputnik.”
Strain was “the Willie Nelson of bikers,” said Terri Williams, secretary-treasurer of the Texas Motorcycle Rights Association.
“I cannot put into words how devastating the loss is to the biker community, to his family,” she wrote on the association’s website.
“Sputnik will go down in history as the greatest motorcycle rights activist in the history of our nation.”
Williams met Strain when she was working at a motorcycle injury attorney’s office in Austin. He formed the association in 1992, organizing bikers to descend on the state Capitol annually to lobby for safety laws and other issues.
Strain will be remembered not only as an activist but also as an encourager, Williams said.
“He always taught me, no matter what happens to me, I should always have faith and keep going. He had a great deal of faith in God.”
For Strain’s 70th birthday, he had additional artwork added to his forehead. Angel wings were placed on either side of the word “Free.”
+++
Details
• Strain is survived by his wife, Gwendolyn; three children, Chance, Vernon and Lisa; six grandchildren and one great-grandchild.
• For updated information on the memorial service plans, check the website, www.tmra2.org
__._,_.___
**Legendary two-stroke tuner headed for the AMA Motorcycle Hall of Fame*
OFF THE WIRE
*AMA: *
*
http://sxsnews.com/index.php/2010/06/legendary-two-stroke-tuner-headed-for-the-ama-motorcycle-hall-of-fame/
**Legendary two-stroke tuner
headed for the AMA Motorcycle Hall of Fame* by Jon Crowley on 26/06/10 at
6:29 am
The American Motorcyclist Association (AMA) is
pleased to announce the eighth member of the AMA Motorcycle Hall of Fame Class
of 2010: Eyvind Boyesen, one of the most accomplished two-stroke engine tuners
in motorsports. Boyesen, whose skills in the garage translated into success in
the marketplace, will be among the legends of motorcycling honored at the 2010
induction ceremony at the Red Rock Resort in Las Vegas on Nov. 19.
“Eyvind developed many of his innovations in an
era of great change in performance off-road motorcycling, and in the process
joined other AMA Motorcycle Hall of Famers in becoming a household name in the
sport,” said AMA Director of Operations and Hall of Famer Jack Penton. “Both
everyday riders and national champions alike used Boyesen’s products over the
years, and many more will in years to come.”
Although Boyesen Engineering has long since
branched into other areas of innovation, off-road racers in the 1970s through
the 1990s knew Boyesen products through marketing of the company’s aftermarket
performance reeds. Boyesen’s reeds set the standard as one of the leading
aftermarket replacement parts of the two-stroke era, and often were one of the
first modifications racers made to a new machine.
“Growing up on the local scrambles and motocross
tracks in eastern Pennsylvania during the early 1970s, racers knew one thing: If
you wanted a power advantage over your competitors, you needed a Boyesen Power
Reed,” said Douglas Strange, chair of the AMA Motorcycle Hall of Fame
Ambassadors & Industry committee and an honorary member of the Antique
Motorcycle Club of America. “It was like a magic elixir that would put your bike
on the box. Boyesen Engineering’s reputation continued to grow as his business
expanded, and every racer’s toolbox had a Boyesen sticker on the lid. Now,
nearly 40 years later, I’m still impressed with Eyvind Boyesen’s commitment to
the sport and industry, and his insight to solve problems and bring these new
products to the marketplace.”
Boyesen founded Boyesen Engineering in 1972 in
Lenhartsville, Pa., and built a worldwide reputation as a two-stroke engine
expert. In addition to his reed-valve innovations, Boyesen is also known for a
special porting technique that has been used in motorcycle, snowmobile and
watercraft two-stroke engines. He also has refined methods of water pump design
and developed enhanced accelerator pump operation used in four-stroke
carburetion. Boyesen holds more than 40 patents for the aftermarket motorcycle
industry, and his company continues to thrive today.
“To be honest I was rather surprised at hearing
the news of the induction,” Boyesen said. “I immediately thought, ‘Who would
have nominated me?’ I will say that my career has been balanced by my ability to
do what I truly love. To this day I will always remember the first time I saw a
motorcycle. It was magical. As many that have achieved any level of success (big
or small), I am very fortunate to be able to contribute to this sport and
industry.”
Boyesen joins previously announced members of the
AMA Hall of Fame Class of 2010: championship team owner Mitch Payton, AMA 250cc
Roadrace Champion David Emde, off-road rights activist Clark Collins, dirt-track
racer Don Castro, off-road gear pioneers John and Rita Gregory, and sidecar
roadrace champion Larry Coleman. The final 2010 inductee will be announced soon.
The Class of 2010 will officially be inducted
into the AMA Motorcycle Hall of Fame on Nov. 19 as part of the AMA Legends &
Champions Weekend. In addition to the induction ceremony, the weekend includes
the 2010 AMA Concours d’Elegance on Saturday, Nov. 20, featuring some of the
country’s most impressive original and restored classic motorcycles. The AMA
Racing Championship Banquet closes out the weekend on Sunday, Nov. 21, where AMA
Racing amateur champions of all ages will be recognized for their 2010
accomplishments.
The AMA Legends & Champions Weekend also includes
the final round of the Geico Powersports AMA Endurocross National Championship
Series on Saturday evening, Nov. 20. Ticket packages for the AMA Legends &
Champions Weekend will also include access to the race, held at The Orleans
Arena.
The AMA Legends & Champions Weekend will be held
at the Las Vegas Red Rock Resort, a world-class spa, hotel and casino, featuring
a range of entertainment, dining and family-friendly attractions. The facility’s
expansive ballrooms will provide a stunning backdrop for the AMA Legends &
Champions Weekend, which is certain to be memorable for the 2010 inductees,
champions, families, friends and fans. More information is available online at
RedRockLasVegas.com.
Lodging reservations can be made now at
AmericanMotorcyclist.com/Accommodations. An announcement regarding ticket
information will be made soon.
Located on the park-like campus of the AMA in
Pickerington, Ohio, the AMA Motorcycle Hall of Fame honors individuals who have
made lasting contributions to protecting and promoting the motorcycle lifestyle.
Its members include those who have excelled in racing, road- and off-road
riding, pushed the envelope in motorcycle design, engineering and safety, and
championed the rights of riders in both the halls of government and the court of
public opinion.
The AMA Motorcycle Hall of Fame Induction
Committee includes nine members in addition to the chairman. There are eight
committees, each representing a different aspect of motorcycling.
More information about the AMA Motorcycle Hall of
Fame can be found at MotorcycleMuseum.org.
*AMA: *
*
http://sxsnews.com/index.php/2010/06/legendary-two-stroke-tuner-headed-for-the-ama-motorcycle-hall-of-fame/
**Legendary two-stroke tuner
headed for the AMA Motorcycle Hall of Fame* by Jon Crowley on 26/06/10 at
6:29 am
The American Motorcyclist Association (AMA) is
pleased to announce the eighth member of the AMA Motorcycle Hall of Fame Class
of 2010: Eyvind Boyesen, one of the most accomplished two-stroke engine tuners
in motorsports. Boyesen, whose skills in the garage translated into success in
the marketplace, will be among the legends of motorcycling honored at the 2010
induction ceremony at the Red Rock Resort in Las Vegas on Nov. 19.
“Eyvind developed many of his innovations in an
era of great change in performance off-road motorcycling, and in the process
joined other AMA Motorcycle Hall of Famers in becoming a household name in the
sport,” said AMA Director of Operations and Hall of Famer Jack Penton. “Both
everyday riders and national champions alike used Boyesen’s products over the
years, and many more will in years to come.”
Although Boyesen Engineering has long since
branched into other areas of innovation, off-road racers in the 1970s through
the 1990s knew Boyesen products through marketing of the company’s aftermarket
performance reeds. Boyesen’s reeds set the standard as one of the leading
aftermarket replacement parts of the two-stroke era, and often were one of the
first modifications racers made to a new machine.
“Growing up on the local scrambles and motocross
tracks in eastern Pennsylvania during the early 1970s, racers knew one thing: If
you wanted a power advantage over your competitors, you needed a Boyesen Power
Reed,” said Douglas Strange, chair of the AMA Motorcycle Hall of Fame
Ambassadors & Industry committee and an honorary member of the Antique
Motorcycle Club of America. “It was like a magic elixir that would put your bike
on the box. Boyesen Engineering’s reputation continued to grow as his business
expanded, and every racer’s toolbox had a Boyesen sticker on the lid. Now,
nearly 40 years later, I’m still impressed with Eyvind Boyesen’s commitment to
the sport and industry, and his insight to solve problems and bring these new
products to the marketplace.”
Boyesen founded Boyesen Engineering in 1972 in
Lenhartsville, Pa., and built a worldwide reputation as a two-stroke engine
expert. In addition to his reed-valve innovations, Boyesen is also known for a
special porting technique that has been used in motorcycle, snowmobile and
watercraft two-stroke engines. He also has refined methods of water pump design
and developed enhanced accelerator pump operation used in four-stroke
carburetion. Boyesen holds more than 40 patents for the aftermarket motorcycle
industry, and his company continues to thrive today.
“To be honest I was rather surprised at hearing
the news of the induction,” Boyesen said. “I immediately thought, ‘Who would
have nominated me?’ I will say that my career has been balanced by my ability to
do what I truly love. To this day I will always remember the first time I saw a
motorcycle. It was magical. As many that have achieved any level of success (big
or small), I am very fortunate to be able to contribute to this sport and
industry.”
Boyesen joins previously announced members of the
AMA Hall of Fame Class of 2010: championship team owner Mitch Payton, AMA 250cc
Roadrace Champion David Emde, off-road rights activist Clark Collins, dirt-track
racer Don Castro, off-road gear pioneers John and Rita Gregory, and sidecar
roadrace champion Larry Coleman. The final 2010 inductee will be announced soon.
The Class of 2010 will officially be inducted
into the AMA Motorcycle Hall of Fame on Nov. 19 as part of the AMA Legends &
Champions Weekend. In addition to the induction ceremony, the weekend includes
the 2010 AMA Concours d’Elegance on Saturday, Nov. 20, featuring some of the
country’s most impressive original and restored classic motorcycles. The AMA
Racing Championship Banquet closes out the weekend on Sunday, Nov. 21, where AMA
Racing amateur champions of all ages will be recognized for their 2010
accomplishments.
The AMA Legends & Champions Weekend also includes
the final round of the Geico Powersports AMA Endurocross National Championship
Series on Saturday evening, Nov. 20. Ticket packages for the AMA Legends &
Champions Weekend will also include access to the race, held at The Orleans
Arena.
The AMA Legends & Champions Weekend will be held
at the Las Vegas Red Rock Resort, a world-class spa, hotel and casino, featuring
a range of entertainment, dining and family-friendly attractions. The facility’s
expansive ballrooms will provide a stunning backdrop for the AMA Legends &
Champions Weekend, which is certain to be memorable for the 2010 inductees,
champions, families, friends and fans. More information is available online at
RedRockLasVegas.com.
Lodging reservations can be made now at
AmericanMotorcyclist.com/Accommodations. An announcement regarding ticket
information will be made soon.
Located on the park-like campus of the AMA in
Pickerington, Ohio, the AMA Motorcycle Hall of Fame honors individuals who have
made lasting contributions to protecting and promoting the motorcycle lifestyle.
Its members include those who have excelled in racing, road- and off-road
riding, pushed the envelope in motorcycle design, engineering and safety, and
championed the rights of riders in both the halls of government and the court of
public opinion.
The AMA Motorcycle Hall of Fame Induction
Committee includes nine members in addition to the chairman. There are eight
committees, each representing a different aspect of motorcycling.
More information about the AMA Motorcycle Hall of
Fame can be found at MotorcycleMuseum.org.
Services for slain Outlaw go on without incident
OFF THE WIRE
MAINE:
http://www.google.com/hostednews/ap/article/ALeqM5joyjoVUKsFATbJRaGVS_dRfx1ISwD9GJ97TG0 Services for slain Outlaw go on without incident (AP) –
OLD ORCHARD BEACH, Maine — Funeral and memorial services Saturday for an Outlaws motorcycle club member slain by federal agents were undisturbed amid heavy security and sightings of rival gang members.
Police Chief Dana M. Kelley of Old Orchard Beach said Diablos members were spotted Saturday and other rival bikers reportedly were seen during the week. The Outlaws remained true to their word, he said, to keep the peace during their services for Thomas Mayne.
"They've all been polite talking to us," Kelley said. "They allegedly aren't looking for trouble."
Mayne, 58, was killed June 15 after agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives tried to arrest him at his home. He was one of 27 Outlaws members from many states named in a federal indictment out of Virginia charging them with a range of crimes from attempted murder and racketeering to drug and firearms violations.
At the private funeral in Mayne's hometown, a friend of Mayne's said as he left the funeral at Cathedral Pines that the biker was loyal to his friends.
The man identified himself only as Bruce, saying the family instructed mourners not to speak to the media. The man said he moved to Maine from Massachusetts with Mayne 30 years ago.
Kelley said he added five police officers, raising the total to 18 for the service. He said a multiagency task force was set up to investigate the shooting.
Earlier Saturday, about 250 bikers attended a heavily guarded memorial service at the Outlaws clubhouse in Dayton. Sheriff's deputies were outside and would not permit media on the property.
An American flag flew at half-staff outside the clubhouse. After the tribute, about 100 participants went on a ride.
"It's been a smooth operation," York County Sheriff Maurice Ouellete said. "I anticipate it to remain that way."
The indictment alleged Mayne was one of two Outlaws who shot a Hell's Angel motorcycle club member last October outside a Hell's Angels clubhouse in central Maine. The victim was shot multiple times but survived.
The shooting was payback for an altercation in September when Hell's Angels members assaulted and took Outlaws club patches from two Outlaws members at a gas station in New Haven, Conn., according to the indictment.
Mayne was the Outlaws' regional treasurer and at one time served as the regional "enforcer," the indictment said.
Mayne was born in Massachusetts, graduated from high school in 1971 and served in Vietnam with the U.S. Air Force until 1973, according to the obituary. He was a self-employed lobsterman until he became disabled 10 years ago.
MAINE:
http://www.google.com/hostednews/ap/article/ALeqM5joyjoVUKsFATbJRaGVS_dRfx1ISwD9GJ97TG0 Services for slain Outlaw go on without incident (AP) –
OLD ORCHARD BEACH, Maine — Funeral and memorial services Saturday for an Outlaws motorcycle club member slain by federal agents were undisturbed amid heavy security and sightings of rival gang members.
Police Chief Dana M. Kelley of Old Orchard Beach said Diablos members were spotted Saturday and other rival bikers reportedly were seen during the week. The Outlaws remained true to their word, he said, to keep the peace during their services for Thomas Mayne.
"They've all been polite talking to us," Kelley said. "They allegedly aren't looking for trouble."
Mayne, 58, was killed June 15 after agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives tried to arrest him at his home. He was one of 27 Outlaws members from many states named in a federal indictment out of Virginia charging them with a range of crimes from attempted murder and racketeering to drug and firearms violations.
At the private funeral in Mayne's hometown, a friend of Mayne's said as he left the funeral at Cathedral Pines that the biker was loyal to his friends.
The man identified himself only as Bruce, saying the family instructed mourners not to speak to the media. The man said he moved to Maine from Massachusetts with Mayne 30 years ago.
Kelley said he added five police officers, raising the total to 18 for the service. He said a multiagency task force was set up to investigate the shooting.
Earlier Saturday, about 250 bikers attended a heavily guarded memorial service at the Outlaws clubhouse in Dayton. Sheriff's deputies were outside and would not permit media on the property.
An American flag flew at half-staff outside the clubhouse. After the tribute, about 100 participants went on a ride.
"It's been a smooth operation," York County Sheriff Maurice Ouellete said. "I anticipate it to remain that way."
The indictment alleged Mayne was one of two Outlaws who shot a Hell's Angel motorcycle club member last October outside a Hell's Angels clubhouse in central Maine. The victim was shot multiple times but survived.
The shooting was payback for an altercation in September when Hell's Angels members assaulted and took Outlaws club patches from two Outlaws members at a gas station in New Haven, Conn., according to the indictment.
Mayne was the Outlaws' regional treasurer and at one time served as the regional "enforcer," the indictment said.
Mayne was born in Massachusetts, graduated from high school in 1971 and served in Vietnam with the U.S. Air Force until 1973, according to the obituary. He was a self-employed lobsterman until he became disabled 10 years ago.
Tuesday, June 29, 2010
The Minnesota Department of Public Safety has made the following announcement:
OFF THE WIRE
The Minnesota Department of Public Safety has made the following announcement:
“AGENCIES KICKING OFF SUMMER WITH MOTORCYCLE ENFORCEMENT”
“Safety Officials Urge Motorcyclists: Slow Down and Ride Sober”
“Around 400 agencies across Minnesota will ramp up patrols on Saturday, June 19
for enhanced motorcycle enforcement to stop impaired and speeding riders.”
Many county and local agencies have made announcements that they will take part in these efforts. Some of the announcements I have seen lead me to believe that there may be stops made for activities that are not a violation. I am interested in gathering information on these stops and knowing the reason stated for the stop and the results of the stops. If we find these stops are being conducted in a manner that is illegal or a violation of motorcyclist’s civil rights additional actions may be needed. These actions could be complaints being filed or other action if necessary.
Here is how you can help
If you are stopped please gather as much information as you can.
Name and badge number of the officer stopping you. Location, time, witness present, (name and contact information) & reason given for the stop. I would also like to know the result of the stop. (ie ticket, warning ticket, verbal warning etc.)
I world like to track this information for stops taking place beginning on the announced date of June 19 and continue to at least the end of June.
The information can be sent to Frank Ernst
840 Cree drive
Chanhassen, MN. 55317
Or email to frank.ernst@mchsi.com
I can be reached by phone at 612 801 2920
I encourage everyone to ride safely but to also be aware of your rights and to take actions to protect your rights if they are violated.
Thank you
frank ernst
The Minnesota Department of Public Safety has made the following announcement:
“AGENCIES KICKING OFF SUMMER WITH MOTORCYCLE ENFORCEMENT”
“Safety Officials Urge Motorcyclists: Slow Down and Ride Sober”
“Around 400 agencies across Minnesota will ramp up patrols on Saturday, June 19
for enhanced motorcycle enforcement to stop impaired and speeding riders.”
Many county and local agencies have made announcements that they will take part in these efforts. Some of the announcements I have seen lead me to believe that there may be stops made for activities that are not a violation. I am interested in gathering information on these stops and knowing the reason stated for the stop and the results of the stops. If we find these stops are being conducted in a manner that is illegal or a violation of motorcyclist’s civil rights additional actions may be needed. These actions could be complaints being filed or other action if necessary.
Here is how you can help
If you are stopped please gather as much information as you can.
Name and badge number of the officer stopping you. Location, time, witness present, (name and contact information) & reason given for the stop. I would also like to know the result of the stop. (ie ticket, warning ticket, verbal warning etc.)
I world like to track this information for stops taking place beginning on the announced date of June 19 and continue to at least the end of June.
The information can be sent to Frank Ernst
840 Cree drive
Chanhassen, MN. 55317
Or email to frank.ernst@mchsi.com
I can be reached by phone at 612 801 2920
I encourage everyone to ride safely but to also be aware of your rights and to take actions to protect your rights if they are violated.
Thank you
frank ernst
California lawmakers back EPA compliant requirement for riders of new motorcycles
OFF THE WIRE
THANK YOU KAREN,
PHILIP
www.ama-cycle.org/news/story.asp?id=2072
California lawmakers back EPA compliant requirement for riders of new motorcycles
Posted June 29, 2010
A key California State Assembly committee has endorsed a proposal to require motorcyclists to have EPA-compliant exhaust systems on their model year 2011 and newer motorcycles.
On June 28, the Committee on Transportation voted 8-4 to approve Senate Bill 435, introduced by Sen. Fran Pavley (D-Oxnard-Los Angeles), which would make it illegal to ride a motorcycle on the road built on, or after, Jan. 1, 2011, that doesn't display a federal Environmental Protection Agency (EPA) label certifying the exhaust system meets sound emissions standards.
Riders caught riding model year 2011 or newer motorcycles without this stamp would be issued "fix it" tickets by law enforcement officers.
The measure now goes to the Assembly Appropriations Committee for further consideration.
"Many EPA labels are very difficult to locate on motorcycles," said AMA Western States Representative Nick Haris. "This proposed law could lead to a flurry of tickets for motorcyclists who have legal exhaust systems on their machines with EPA labels that can't be easily seen. It's unreasonable to expect a law enforcement officer to easily locate an EPA label, and it's simply unfair to expect a motorcycle owner to partially dismantle an exhaust system alongside the road to prove the label exists.
"Requiring that a motorcycle display a readily visible EPA label isn't the correct way to address concerns about excessive motorcycle sound," he added. "The only objective way to determine whether a motorcycle complies with sound laws is for properly trained personnel to conduct sound level tests using calibrated meters and an agreed-upon testing procedure."
Haris suggested that concerned California motorcyclists contact their state lawmakers and urge them to reject Senate Bill 435. To do so, go here and select "CA" in the drop down menu.
The AMA has long maintained a position of strong opposition to excessive motorcycle sound. In September 2009, the AMA developed model legislation for use by cities and states seeking a simple, consistent and economical way to deal with sound complaints related to on-highway motorcycles within the larger context of excessive sound from all sources. The model legislation offers an objective method to evaluate motorcycle sound based on the Society of Automotive Engineers' (SAE) J2825 standard, "Measurement of Exhaust Sound Pressure Levels of Stationary On-Highway Motorcycles." For more information, click here.
http://www.newyorkfreedomriders.com
New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"
THANK YOU KAREN,
PHILIP
www.ama-cycle.org/news/story.asp?id=2072
California lawmakers back EPA compliant requirement for riders of new motorcycles
Posted June 29, 2010
A key California State Assembly committee has endorsed a proposal to require motorcyclists to have EPA-compliant exhaust systems on their model year 2011 and newer motorcycles.
On June 28, the Committee on Transportation voted 8-4 to approve Senate Bill 435, introduced by Sen. Fran Pavley (D-Oxnard-Los Angeles), which would make it illegal to ride a motorcycle on the road built on, or after, Jan. 1, 2011, that doesn't display a federal Environmental Protection Agency (EPA) label certifying the exhaust system meets sound emissions standards.
Riders caught riding model year 2011 or newer motorcycles without this stamp would be issued "fix it" tickets by law enforcement officers.
The measure now goes to the Assembly Appropriations Committee for further consideration.
"Many EPA labels are very difficult to locate on motorcycles," said AMA Western States Representative Nick Haris. "This proposed law could lead to a flurry of tickets for motorcyclists who have legal exhaust systems on their machines with EPA labels that can't be easily seen. It's unreasonable to expect a law enforcement officer to easily locate an EPA label, and it's simply unfair to expect a motorcycle owner to partially dismantle an exhaust system alongside the road to prove the label exists.
"Requiring that a motorcycle display a readily visible EPA label isn't the correct way to address concerns about excessive motorcycle sound," he added. "The only objective way to determine whether a motorcycle complies with sound laws is for properly trained personnel to conduct sound level tests using calibrated meters and an agreed-upon testing procedure."
Haris suggested that concerned California motorcyclists contact their state lawmakers and urge them to reject Senate Bill 435. To do so, go here and select "CA" in the drop down menu.
The AMA has long maintained a position of strong opposition to excessive motorcycle sound. In September 2009, the AMA developed model legislation for use by cities and states seeking a simple, consistent and economical way to deal with sound complaints related to on-highway motorcycles within the larger context of excessive sound from all sources. The model legislation offers an objective method to evaluate motorcycle sound based on the Society of Automotive Engineers' (SAE) J2825 standard, "Measurement of Exhaust Sound Pressure Levels of Stationary On-Highway Motorcycles." For more information, click here.
http://www.newyorkfreedomriders.com
New York Freedom Riders
Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"
ABATE BETRAYED BIKERS
The following message is from Jerry of the US Defenders. I watched the proceedings in California, via webcast (I'm on the Atlantic coast), and agree completely. James Lombardo and ABATE betrayed bikers, not just in California, but across the country. They sold you all out! They can't be trusted to defend motorcyclists rights. Rights are too precious to give away, and it is especially shameful when you pretend to do it on behalf of bikers. That's my personal opinion. It is what it is... jan
Message to ABATE
ABATE ! I implore you to pass this on to your poor excuse of a lobyist and the state officials that represent your organization!!!!!!!!!!!!!!!!. The word is getting out NATION WIDE to all ABATE members and to the US Defenders Org.!!!!!!
As the U.S. Defenders Org. Commander for the State of California you and your ABATE back stabbers going neutral and colluding with the legislature on this bill tells me that you enjoy sleeping with the enemy. The compromise you displayed at the capitol today was the epitamy (SP?) of ass kissing. The fathers of this country didn't compromise. It is apparent to me now since I was there and heard it with my own ears in disbelief that ABATE supports the ammendaments and wants to remain neutral (takeing a FUCKING BACK SEAT) to
this watered down version of legislation and call it a win win tells me that you are not a true motorcycle rights activist organization. I will not, nor will my club support ABATE ever again. I will advocate that ABATE OF CALIFORNIA speaks with a forked tongue and can never be trusted like most politicians. I will encourage ABATE members as well as any club or Org. that rides in California to stop supporting your functions and kill you financially because you truly do not represent Motorcycle Riders Rights in California. I truly hope that this gets out on a National level so everyone can see how you screwed us over in California. Senator Pavely tried to sell the transportation committee memebers that BUBS Pipes and AMA was on board with her. I sent AMA an E mail on the 21st of this month and they responded to my E-mail. They were in person to express opposition to the bill and made that emphaticly clear at the opposition meeting today. Senator Pavely likes to incorporate B.S. in her opening remarks to get the transportation committee to believe her. If there is no one there to challenge the crap she puts in her opening remarks then the transportation committee takes her word. My jaw dropped when she said that ABATE supports her bill and the ammendments but remains neutral. The ABATE lobbyist stood up and concurred!!!!! I defy any ABATE member to challenge me on this because I WAS THERE! George Washington didn't compromise with the British. If he had what kind of place would we Americans be living in? ABATE would rather compromise than go for broke. I on the other hand will not. I am an American and will not allow government to erode away my inaliagnable rights nor desicrate the Constitution which protects me from the government. Every U.S.Defender rep and COC Club and its members needs to know the truth so ask the clubs and other biker brothers that were there. Spread the word.
Jerry Lee
U.S. Defenders Org. Commander California
Message to ABATE
ABATE ! I implore you to pass this on to your poor excuse of a lobyist and the state officials that represent your organization!!!!!!!!!!!!!!!!. The word is getting out NATION WIDE to all ABATE members and to the US Defenders Org.!!!!!!
As the U.S. Defenders Org. Commander for the State of California you and your ABATE back stabbers going neutral and colluding with the legislature on this bill tells me that you enjoy sleeping with the enemy. The compromise you displayed at the capitol today was the epitamy (SP?) of ass kissing. The fathers of this country didn't compromise. It is apparent to me now since I was there and heard it with my own ears in disbelief that ABATE supports the ammendaments and wants to remain neutral (takeing a FUCKING BACK SEAT) to
this watered down version of legislation and call it a win win tells me that you are not a true motorcycle rights activist organization. I will not, nor will my club support ABATE ever again. I will advocate that ABATE OF CALIFORNIA speaks with a forked tongue and can never be trusted like most politicians. I will encourage ABATE members as well as any club or Org. that rides in California to stop supporting your functions and kill you financially because you truly do not represent Motorcycle Riders Rights in California. I truly hope that this gets out on a National level so everyone can see how you screwed us over in California. Senator Pavely tried to sell the transportation committee memebers that BUBS Pipes and AMA was on board with her. I sent AMA an E mail on the 21st of this month and they responded to my E-mail. They were in person to express opposition to the bill and made that emphaticly clear at the opposition meeting today. Senator Pavely likes to incorporate B.S. in her opening remarks to get the transportation committee to believe her. If there is no one there to challenge the crap she puts in her opening remarks then the transportation committee takes her word. My jaw dropped when she said that ABATE supports her bill and the ammendments but remains neutral. The ABATE lobbyist stood up and concurred!!!!! I defy any ABATE member to challenge me on this because I WAS THERE! George Washington didn't compromise with the British. If he had what kind of place would we Americans be living in? ABATE would rather compromise than go for broke. I on the other hand will not. I am an American and will not allow government to erode away my inaliagnable rights nor desicrate the Constitution which protects me from the government. Every U.S.Defender rep and COC Club and its members needs to know the truth so ask the clubs and other biker brothers that were there. Spread the word.
Jerry Lee
U.S. Defenders Org. Commander California
Victory In The Supreme Court!
Victory for the Second Amendment
-- Gun Owners triumphant at the Supreme Court today
Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org
Monday, June 28, 2010
Gun Owners of America rejoices in the fact that the U.S. Supreme Court ruled in favor of Otis McDonald and against the city of Chicago. In doing so, the Court ruled that the Fourteenth Amendment applies the right to keep and bear arms (in the Second Amendment) to all 50 states.
"This is great news for Otis McDonald in Chicago and even greater news for citizens that are languishing under restrictive gun control laws across the country," said Erich Pratt, Director of Communications for Gun Owners of America.
GOA is still pouring through the ruling and will have a more detailed analysis later. But in brief, the Court ruled that:
* "The Fourteenth Amendment makes the Second Amendment right to keep and bear arms fully applicable to the States."
* "A survey of the contemporaneous history also demonstrates clearly that the Fourteenth Amendment's Framers and ratifiers counted the right to keep and bear arms among those fundamental rights necessary to the Nation's system of ordered liberty."
These are arguments that GOA has been making for years. In fact, Gun Owners of America submitted an amicus brief in this case and was pleased to see that Justice Clarence Thomas made some of the exact same arguments (found in our brief) in his concurring opinion.
The decision by the Court today will have tremendous ramifications for the restrictive gun control laws in California, New York City and elsewhere.
Gun owners, please stay tuned!
-- Gun Owners triumphant at the Supreme Court today
Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org
Monday, June 28, 2010
Gun Owners of America rejoices in the fact that the U.S. Supreme Court ruled in favor of Otis McDonald and against the city of Chicago. In doing so, the Court ruled that the Fourteenth Amendment applies the right to keep and bear arms (in the Second Amendment) to all 50 states.
"This is great news for Otis McDonald in Chicago and even greater news for citizens that are languishing under restrictive gun control laws across the country," said Erich Pratt, Director of Communications for Gun Owners of America.
GOA is still pouring through the ruling and will have a more detailed analysis later. But in brief, the Court ruled that:
* "The Fourteenth Amendment makes the Second Amendment right to keep and bear arms fully applicable to the States."
* "A survey of the contemporaneous history also demonstrates clearly that the Fourteenth Amendment's Framers and ratifiers counted the right to keep and bear arms among those fundamental rights necessary to the Nation's system of ordered liberty."
These are arguments that GOA has been making for years. In fact, Gun Owners of America submitted an amicus brief in this case and was pleased to see that Justice Clarence Thomas made some of the exact same arguments (found in our brief) in his concurring opinion.
The decision by the Court today will have tremendous ramifications for the restrictive gun control laws in California, New York City and elsewhere.
Gun owners, please stay tuned!
10NR18 - MRF News Release - California Anti-Motorcycle State Senator at it Again. Help us kill SB-435.
OFF THE WIRE
MRF E-MAIL NEWS Motorcycle Riders Foundation
236 Massachusetts Ave. NE | Suite 510 | Washington, DC 20002-4980
202-546-0983 (voice) | 202-546-0986 (fax) | http://www.mrf.org
10NR18 - MRF News Release - California Anti-Motorcycle State Senator at it Again. Help us kill SB-435.
FOR IMMEDIATE RELEASE
28 June 2010
Contact: Jeff Hennie, Government Relations and Public Affairs
California Anti-Motorcycle State Senator at it Again. Help us kill SB-435.
California State Senator Fran Pavely, who represents Hollywood, has brought her anti-motorcycle agenda alive once again. And it's worse than ever. Pavely, a Democrat, has amended her legislation so that now it would make aftermarket exhaust systems on any motorcycles illegal. SB-435 gives law enforcement the ability to inspect motorcycles as they see fit for an EPA approval stamp. If they can't find the stamp, the motorcycle is illegal.
We here at the MRF love our clean air and could not agree more that California's air should be as clean and fresh as possible. It seems this isn't about fresh air as one would think. You see, Pavely's bill started life as smog check bill forcing motorcycles to participate in the same emissions program as autos and trucks. With motorcycles maintaining about 3% of California’s entire vehicle population, this expensive proposal went no where.
So what does a Hollywood senator do when her anti-motorcycle, anti-freedom agenda fails? Change the bill! The new SB-435 doesn't look for polluters, it punishes people who don't have the EPA stamp required by manufacturers, regardless of the actual emissions. The stamp is often hidden from view due to aesthetic purposes, or in the case of older bikes with stock pipes, just isn't there.
SB-435 is scheduled to be heard today, Monday June 28, 2010. Please take action. Instructions are below. Help defend your freedom.
ABATE of California along with the Motorcycle Riders Foundation is asking you to assist us by voicing your disapproval of this particular piece of legislation by calling Assembly Transportation and Housing Committee Chairman Bonnie Lowenthal and asking that the Chair not support this bill.
You can reach Mrs. Lowenthal at:
Capitol Office:
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0054
Tel: (916) 319-2054
Fax: (916) 319-2154
District Office:
110 Pine Avenue
Suite 804
Long Beach CA 90802
Tel: (562) 495-2915
Fax: (562) 495-2983
Additional calls may be also placed to Governor Schwarzenegger, informing him of the potential loss of tourism and tax revenue in the event SB-435 is passed. ABATE of California asks that you send cards, letters, faxes, or emails as promptly as possible.
California Governor: http://gov.ca.gov/interact
For those who would like further information to help fight this, please contact Carol Cromwell at the ABATE state office at: 10240 7th Avenue, Hesperia 92345-2631. Telephone: (760) 956-1669. (Fax) 760-956-6519.
MRF E-MAIL NEWS Motorcycle Riders Foundation
236 Massachusetts Ave. NE | Suite 510 | Washington, DC 20002-4980
202-546-0983 (voice) | 202-546-0986 (fax) | http://www.mrf.org
10NR18 - MRF News Release - California Anti-Motorcycle State Senator at it Again. Help us kill SB-435.
FOR IMMEDIATE RELEASE
28 June 2010
Contact: Jeff Hennie, Government Relations and Public Affairs
California Anti-Motorcycle State Senator at it Again. Help us kill SB-435.
California State Senator Fran Pavely, who represents Hollywood, has brought her anti-motorcycle agenda alive once again. And it's worse than ever. Pavely, a Democrat, has amended her legislation so that now it would make aftermarket exhaust systems on any motorcycles illegal. SB-435 gives law enforcement the ability to inspect motorcycles as they see fit for an EPA approval stamp. If they can't find the stamp, the motorcycle is illegal.
We here at the MRF love our clean air and could not agree more that California's air should be as clean and fresh as possible. It seems this isn't about fresh air as one would think. You see, Pavely's bill started life as smog check bill forcing motorcycles to participate in the same emissions program as autos and trucks. With motorcycles maintaining about 3% of California’s entire vehicle population, this expensive proposal went no where.
So what does a Hollywood senator do when her anti-motorcycle, anti-freedom agenda fails? Change the bill! The new SB-435 doesn't look for polluters, it punishes people who don't have the EPA stamp required by manufacturers, regardless of the actual emissions. The stamp is often hidden from view due to aesthetic purposes, or in the case of older bikes with stock pipes, just isn't there.
SB-435 is scheduled to be heard today, Monday June 28, 2010. Please take action. Instructions are below. Help defend your freedom.
ABATE of California along with the Motorcycle Riders Foundation is asking you to assist us by voicing your disapproval of this particular piece of legislation by calling Assembly Transportation and Housing Committee Chairman Bonnie Lowenthal and asking that the Chair not support this bill.
You can reach Mrs. Lowenthal at:
Capitol Office:
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0054
Tel: (916) 319-2054
Fax: (916) 319-2154
District Office:
110 Pine Avenue
Suite 804
Long Beach CA 90802
Tel: (562) 495-2915
Fax: (562) 495-2983
Additional calls may be also placed to Governor Schwarzenegger, informing him of the potential loss of tourism and tax revenue in the event SB-435 is passed. ABATE of California asks that you send cards, letters, faxes, or emails as promptly as possible.
California Governor: http://gov.ca.gov/interact
For those who would like further information to help fight this, please contact Carol Cromwell at the ABATE state office at: 10240 7th Avenue, Hesperia 92345-2631. Telephone: (760) 956-1669. (Fax) 760-956-6519.
BIKER LOWDOWN RADIO SHOW BIKE NIGHT
WITH MY APOLIGIZES TO LJ,
UNITED WE RIDE..... DIVIDED....WE WALK
LJ James - BikerLowdown.com
BIKER LOWDOWN RADIO SHOW BIKE NIGHT
The First Tuesday of The Month
(July 6th, August 3rd and September 7th)
(Rain Date Following Tuesday)
Starts at 7pm at
PATTI & JOHNNY'S INN
139 Nassau Boulevard West Hempstead, NY 11552
Come on down for a Great Time,With your Host LJ James , DJed Music By Biker DJ Ted E Grams , Food , Trophies Awarded for Peoples Choice Favorite Motorcycle, Best Represented Motorcycle Club and a Third Surprise Award to be announced at Event!
BIKER LOWDOWN RADIO SHOW (LIVE WEDNESDAY'S AT 8pm East Coast Times - 5pm West Coast Times) CHECK FOR TIMES NEAR YOU
ALL SHOWS ARCHIVED AND AVAILABLE 24 HOURS A DAY FROM EVERY COMPUTER WORLD WIDE !!!
LISTEN TO THE SHOW AT BIKERLOWDOWN.COM
Guest call-in number: (347) 237-4874
FREE BIKER LOWDOWN HELMET STICKERS
Spread the Virus ! Biker Lowdown Radio Show is giving away FREE to all its fans
"Biker Lowdown Helmet Stickers"
For a free Helmet sticker... send a self-addressed stamped envelope to...
LJ James, Biker Lowdown Radio Show, 1633-7 Sycamore Ave, Bohemia, NY 11716
Limit one sticker per envelope
UNITED WE RIDE..... DIVIDED....WE WALK
LJ James - BikerLowdown.com
BIKER LOWDOWN RADIO SHOW BIKE NIGHT
The First Tuesday of The Month
(July 6th, August 3rd and September 7th)
(Rain Date Following Tuesday)
Starts at 7pm at
PATTI & JOHNNY'S INN
139 Nassau Boulevard West Hempstead, NY 11552
Come on down for a Great Time,With your Host LJ James , DJed Music By Biker DJ Ted E Grams , Food , Trophies Awarded for Peoples Choice Favorite Motorcycle, Best Represented Motorcycle Club and a Third Surprise Award to be announced at Event!
BIKER LOWDOWN RADIO SHOW (LIVE WEDNESDAY'S AT 8pm East Coast Times - 5pm West Coast Times) CHECK FOR TIMES NEAR YOU
ALL SHOWS ARCHIVED AND AVAILABLE 24 HOURS A DAY FROM EVERY COMPUTER WORLD WIDE !!!
LISTEN TO THE SHOW AT BIKERLOWDOWN.COM
Guest call-in number: (347) 237-4874
FREE BIKER LOWDOWN HELMET STICKERS
Spread the Virus ! Biker Lowdown Radio Show is giving away FREE to all its fans
"Biker Lowdown Helmet Stickers"
For a free Helmet sticker... send a self-addressed stamped envelope to...
LJ James, Biker Lowdown Radio Show, 1633-7 Sycamore Ave, Bohemia, NY 11716
Limit one sticker per envelope
Comment on SB435 Blog: "Kill the Goose"
BLOG COMMENT: KILL THE GOOSE
There's absolutely nothing to like about California Senate Bill 435, which will outlaw aftermarket exhaust pipes and expand police power. This bill's sponsor, Senator Fran Pavley, is someone who's always been antagonistic towards the biker community. Same goes for Assembly Member Bonnie Lowenthal, who's chairman of the Transportation Committee. They will vote on SB435 today, and the odds are stacked against us ... as they have been for some time.
A lot of bikers are upset because ABATE can't kill the bill, and use words like "rolling over" and such. I know this isn't true because I've been fighting against this bill, right along with many other ABATE members, all of whom are livid about SB435. I also know that the ABATE leadership team has given it their best effort, and now they're trying to minimize the harm that this bill would inflict upon all of us.
As much as I hate giving any quarter, I must also admit that SB435 is not as bad as it once was. Our leadership AND our membership have made significant progress on reducing the adverse impact of this bill. I respect and appreciate every bit of initiative, hard work, persistence, and team work that a lot of people put into it so far. And people are still fighting the good fight. So to everyone who stepped up I say THANK YOU!
But let's take a step back and ask ourselves this question:
>> How can we stop bills like this BEFORE they happen?
It all boils down to whether legislators like Pavley and Lowenthal have anything to fear from us. Right now, obviously not! And whether we continue fight SB435, or grudgingly accept the lesser evil, the fix is only temporary. There will always be more bills to come ... as well as our noisy reactions ... until we make anti-biker bills into a career-ending proposition for legislators.
We bikers put an astounding amount of work into fighting this bill. Hundreds of letters. Tens of thousands of signatures. Untold hours of debating and negotiating. But all of our work did NOT rise one single step above expressing our opinion. We told our legislators what we thought ... but they can choose not to listen because they see no consequences.
We talked the talk, but are we prepared to walk the walk?
Imagine we could turn back time to exactly two years ago, on the 28th day of June in 2008. And on that very day, knowing SB435 is looming in our future, what should we do? Nip it in the bud, of course.
We don't need a time machine to know that every session, biker-hating nanny-crats like Pavley and Lowenthal are coming after our rights. We KNOW what lies ahead, as sure as the sun will rise tomorrow morning. Should we wait until someone submits an anti-biker bill, and only then voice our opposition? Well that's exactly what we did.
Now imagine the amount of work bikers put into reacting to SB435. Heck, even one-tenth of that amount is still a ton. But imagine instead, back in the summer of 2008, we put that energy into close races -- as campaign volunteers -- against candidates like Pavley and Lowenthal.
Well it's 2010, and its another election year. So let's kill the goose:
>> No more goose; no more goose eggs.
There are already candidates across the state, running right now, who want to lay some eggs on us during the 2011 and 2012 sessions. It's a FACT. And it has been a fact in every election ... since before any of us ever threw a leg over a motorcycle. As Santayana once said, "those who cannot remember the past are condemned to repeat it."
Want to kill SB435? See you on the campaign trail.
Douglas Findlay
RIDE2REPEAL.COM - connecting campaign volunteers with biker-friendly candidates.
There's absolutely nothing to like about California Senate Bill 435, which will outlaw aftermarket exhaust pipes and expand police power. This bill's sponsor, Senator Fran Pavley, is someone who's always been antagonistic towards the biker community. Same goes for Assembly Member Bonnie Lowenthal, who's chairman of the Transportation Committee. They will vote on SB435 today, and the odds are stacked against us ... as they have been for some time.
A lot of bikers are upset because ABATE can't kill the bill, and use words like "rolling over" and such. I know this isn't true because I've been fighting against this bill, right along with many other ABATE members, all of whom are livid about SB435. I also know that the ABATE leadership team has given it their best effort, and now they're trying to minimize the harm that this bill would inflict upon all of us.
As much as I hate giving any quarter, I must also admit that SB435 is not as bad as it once was. Our leadership AND our membership have made significant progress on reducing the adverse impact of this bill. I respect and appreciate every bit of initiative, hard work, persistence, and team work that a lot of people put into it so far. And people are still fighting the good fight. So to everyone who stepped up I say THANK YOU!
But let's take a step back and ask ourselves this question:
>> How can we stop bills like this BEFORE they happen?
It all boils down to whether legislators like Pavley and Lowenthal have anything to fear from us. Right now, obviously not! And whether we continue fight SB435, or grudgingly accept the lesser evil, the fix is only temporary. There will always be more bills to come ... as well as our noisy reactions ... until we make anti-biker bills into a career-ending proposition for legislators.
We bikers put an astounding amount of work into fighting this bill. Hundreds of letters. Tens of thousands of signatures. Untold hours of debating and negotiating. But all of our work did NOT rise one single step above expressing our opinion. We told our legislators what we thought ... but they can choose not to listen because they see no consequences.
We talked the talk, but are we prepared to walk the walk?
Imagine we could turn back time to exactly two years ago, on the 28th day of June in 2008. And on that very day, knowing SB435 is looming in our future, what should we do? Nip it in the bud, of course.
We don't need a time machine to know that every session, biker-hating nanny-crats like Pavley and Lowenthal are coming after our rights. We KNOW what lies ahead, as sure as the sun will rise tomorrow morning. Should we wait until someone submits an anti-biker bill, and only then voice our opposition? Well that's exactly what we did.
Now imagine the amount of work bikers put into reacting to SB435. Heck, even one-tenth of that amount is still a ton. But imagine instead, back in the summer of 2008, we put that energy into close races -- as campaign volunteers -- against candidates like Pavley and Lowenthal.
Well it's 2010, and its another election year. So let's kill the goose:
>> No more goose; no more goose eggs.
There are already candidates across the state, running right now, who want to lay some eggs on us during the 2011 and 2012 sessions. It's a FACT. And it has been a fact in every election ... since before any of us ever threw a leg over a motorcycle. As Santayana once said, "those who cannot remember the past are condemned to repeat it."
Want to kill SB435? See you on the campaign trail.
Douglas Findlay
RIDE2REPEAL.COM - connecting campaign volunteers with biker-friendly candidates.
Massachusetts TEXTING bill
OFF THE WIRE
Delaware just passed hands free phones for all person except emergency personel and it is going to the Gov. who is expected to sign it. Starts in 180 days after signing and has a $50.00 fine with no points to driving record.
http://www.thebostonchannel.com/politics/23991389/detail.html?taf=bos Mass. Lawmakers Agree To Ban Texting While Driving Bill Would Set New Standards For Older Drivers POSTED: 12:31 pm EDT June 22, 2010 UPDATED: 6:39 am EDT June 23, 2010 Email Print Comments (65) BOSTON -- Massachusetts House and Senate negotiators are unveiling a final version of a bill aimed at clamping down on distracted drivers.
The bill released Tuesday would ban all drivers, including police, from sending text messages while behind the wheel. Violators would face a $100 fine for a first offense.
The bill would also ban drivers under 18 from using cell phones.
Those who do would face a fine and license suspension. Drivers over 18 would still be able to use cell phones.
Those 75 or over would have to get eye tests before renewing their driver's licenses every five years. The bill also requires the Registrar of Motor Vehicles to come up with a list of impairments that could help determine a driver's skills.
Lawmakers must approve the bill before sending it to Gov. Deval Patrick.
Delaware just passed hands free phones for all person except emergency personel and it is going to the Gov. who is expected to sign it. Starts in 180 days after signing and has a $50.00 fine with no points to driving record.
http://www.thebostonchannel.com/politics/23991389/detail.html?taf=bos Mass. Lawmakers Agree To Ban Texting While Driving Bill Would Set New Standards For Older Drivers POSTED: 12:31 pm EDT June 22, 2010 UPDATED: 6:39 am EDT June 23, 2010 Email Print Comments (65) BOSTON -- Massachusetts House and Senate negotiators are unveiling a final version of a bill aimed at clamping down on distracted drivers.
The bill released Tuesday would ban all drivers, including police, from sending text messages while behind the wheel. Violators would face a $100 fine for a first offense.
The bill would also ban drivers under 18 from using cell phones.
Those who do would face a fine and license suspension. Drivers over 18 would still be able to use cell phones.
Those 75 or over would have to get eye tests before renewing their driver's licenses every five years. The bill also requires the Registrar of Motor Vehicles to come up with a list of impairments that could help determine a driver's skills.
Lawmakers must approve the bill before sending it to Gov. Deval Patrick.
SB-435 latest update
OFF THE WIRE
Please withdraw support for SB 435
If California enacts SB 435 it will be bad for motorcycling.
You fully realize that it is wrong for the state to enforce a federal
standard against consumers, when the EPA cannot even regulate the
manufacturers. You also realize your support for this will not go
unnoticed, and will result in motorcyclists against your products as
well as any rebranding distributors who sell the Bub pipes. Any
attempted rebranding will be discovered and publicized. This is an
attack on bikers. Shame on you!
Please notify the legislators that you withdraw your support before you
wake up an angry giant.
For Immediate Distribution:
June 28, 2010
Dear ABATE Brothers & Sisters,
We have the results from the latest PAC vote regarding SB-435 requested on behalf the membership of ABATE of California by Sarge Matthews, Chairman of the Board. The majority board opinion was that this was a fair request in order to see that an equitable consensus opinion of the PAC was achieved in the direction to proceed with regard to SB-435. The results of the latest PAC vote indicate a desire to proceed with the negotiated settlement as brought to us by Jim Lombardo, Legislative Director and Lobbyist for ABATE of California.
Before I continue, let me say that while this is not the outcome that neither I nor many of you desired, we should take great satisfaction and pride that we were able to be part of the process of shaping this bill into it’s current amended language. We have achieved major concessions from the opposition and that is not an insignificant feat in view of where this started. Our input and opposition to this bill was taken into account and I can’t classify that as rolling over. We have been part of the process and that is something very few people can say when it comes to affecting the political process. No, we didn’t get all we wanted but we certainly aren’t coming out of this empty handed.
What many may not understand is that we simply did not enjoy enough support on the Assembly Transportation Committee to kill SB-435 outright since the bill was changed to a noise bill. But, we have been able to remove most of the most objectionable language from this bill. I invite any of you who feel we simply rolled over to look at the amount of language that has been lined out due to our extremely vociferous and successful opposition. Our choices were to go for broke on principal or to accept the amended language we forced the bill authors to concede to. I want all of you to ask yourselves if we had defeated SB-435 outright, how long before we would have been looking at another similar bill? Keep in mind that we have absolutely defeated SB-435 as a smog bill and the issue now is EPA noise label match-up. Also keep in mind that California already has an anti-tampering statute on the books. At this point we have achieved the following concessions from Senator Pavley and Assemblywoman Lowenthal.
· It has been amended to read that ALL motorcycles currently on the road will be grandfathered in.
· It has been amended to be a fix-it ticket mechanical violation instead of a moving violation, correctable with proof of correction.
· It has been amended to make this a secondary violation, and motorcycles cannot be stopped solely for suspicion of a violation of tampering or being non-compliant.
· It has been amended to read that the fine will be in the $50 to $100 dollar range and not the $300 as originally requested by the bill’s author.
· We have also avoided smog checks and the imposition of any new noise restrictive programs such as J2825.
While there will be much Monday morning quarterbacking, given the nature of the political realities in Sacramento, it is highly doubtful SB-435 could or would be defeated strictly on it’s face. ABATE of California’s strong opposition to SB-435 has resulted in negotiating much of the worst language out of the bill. Given the choice of making a stand on a bill that we did not enjoy enough support to defeat or working to force amendments that the PAC believed to be workable, the latter choice was taken. The other option to go for broke would most likely have left us in the unenviable position of having a statute enacted that did not provide any of these concessions and exclusions and no longer able to effectively bargain them out of the bill. I will have a further update after the bill hearing today.
Sincerely,
Anthony Jaime
Executive Director
ABATE of California
Comment
Their clip image indicates that ABATE of CA is a UNION OF MOTORCYCLISTS wow they walked completely away for both totalitarian enactments and education?
No comment on the legislative work as I don't live in Ca. but I'm sure we will see something like it soon.
You guys ever hear of the National Convention of State Legislators?
If you are into working legislators and have an organization that has money this is the one convention to be at. All the state legislator's and various staff folk gather and talk about those things that are affecting them, locally and federally.
A lot of wining and dining and playing while you work, wink, wink. This, Ira, is where lobbyists do their magic and no money exchanges hands. Just golf, race tracks, food, etc. all on the lobbyist and if worked right the reportable limits are never met on a daily basis.
They come home with other state's "good ideas" and wham east coast meets west coast meets middle America meets the high plains meets the etc. and we all eat the same shit eventually.
Some times you can't fight city hall in court you have to ambush them where they play.
Hildy
And to those of you who did nothing, you are welcome to enjoy the freedoms others have provided you!
Please withdraw support for SB 435
If California enacts SB 435 it will be bad for motorcycling.
You fully realize that it is wrong for the state to enforce a federal
standard against consumers, when the EPA cannot even regulate the
manufacturers. You also realize your support for this will not go
unnoticed, and will result in motorcyclists against your products as
well as any rebranding distributors who sell the Bub pipes. Any
attempted rebranding will be discovered and publicized. This is an
attack on bikers. Shame on you!
Please notify the legislators that you withdraw your support before you
wake up an angry giant.
For Immediate Distribution:
June 28, 2010
Dear ABATE Brothers & Sisters,
We have the results from the latest PAC vote regarding SB-435 requested on behalf the membership of ABATE of California by Sarge Matthews, Chairman of the Board. The majority board opinion was that this was a fair request in order to see that an equitable consensus opinion of the PAC was achieved in the direction to proceed with regard to SB-435. The results of the latest PAC vote indicate a desire to proceed with the negotiated settlement as brought to us by Jim Lombardo, Legislative Director and Lobbyist for ABATE of California.
Before I continue, let me say that while this is not the outcome that neither I nor many of you desired, we should take great satisfaction and pride that we were able to be part of the process of shaping this bill into it’s current amended language. We have achieved major concessions from the opposition and that is not an insignificant feat in view of where this started. Our input and opposition to this bill was taken into account and I can’t classify that as rolling over. We have been part of the process and that is something very few people can say when it comes to affecting the political process. No, we didn’t get all we wanted but we certainly aren’t coming out of this empty handed.
What many may not understand is that we simply did not enjoy enough support on the Assembly Transportation Committee to kill SB-435 outright since the bill was changed to a noise bill. But, we have been able to remove most of the most objectionable language from this bill. I invite any of you who feel we simply rolled over to look at the amount of language that has been lined out due to our extremely vociferous and successful opposition. Our choices were to go for broke on principal or to accept the amended language we forced the bill authors to concede to. I want all of you to ask yourselves if we had defeated SB-435 outright, how long before we would have been looking at another similar bill? Keep in mind that we have absolutely defeated SB-435 as a smog bill and the issue now is EPA noise label match-up. Also keep in mind that California already has an anti-tampering statute on the books. At this point we have achieved the following concessions from Senator Pavley and Assemblywoman Lowenthal.
· It has been amended to read that ALL motorcycles currently on the road will be grandfathered in.
· It has been amended to be a fix-it ticket mechanical violation instead of a moving violation, correctable with proof of correction.
· It has been amended to make this a secondary violation, and motorcycles cannot be stopped solely for suspicion of a violation of tampering or being non-compliant.
· It has been amended to read that the fine will be in the $50 to $100 dollar range and not the $300 as originally requested by the bill’s author.
· We have also avoided smog checks and the imposition of any new noise restrictive programs such as J2825.
While there will be much Monday morning quarterbacking, given the nature of the political realities in Sacramento, it is highly doubtful SB-435 could or would be defeated strictly on it’s face. ABATE of California’s strong opposition to SB-435 has resulted in negotiating much of the worst language out of the bill. Given the choice of making a stand on a bill that we did not enjoy enough support to defeat or working to force amendments that the PAC believed to be workable, the latter choice was taken. The other option to go for broke would most likely have left us in the unenviable position of having a statute enacted that did not provide any of these concessions and exclusions and no longer able to effectively bargain them out of the bill. I will have a further update after the bill hearing today.
Sincerely,
Anthony Jaime
Executive Director
ABATE of California
Comment
Their clip image indicates that ABATE of CA is a UNION OF MOTORCYCLISTS wow they walked completely away for both totalitarian enactments and education?
No comment on the legislative work as I don't live in Ca. but I'm sure we will see something like it soon.
You guys ever hear of the National Convention of State Legislators?
If you are into working legislators and have an organization that has money this is the one convention to be at. All the state legislator's and various staff folk gather and talk about those things that are affecting them, locally and federally.
A lot of wining and dining and playing while you work, wink, wink. This, Ira, is where lobbyists do their magic and no money exchanges hands. Just golf, race tracks, food, etc. all on the lobbyist and if worked right the reportable limits are never met on a daily basis.
They come home with other state's "good ideas" and wham east coast meets west coast meets middle America meets the high plains meets the etc. and we all eat the same shit eventually.
Some times you can't fight city hall in court you have to ambush them where they play.
Hildy
And to those of you who did nothing, you are welcome to enjoy the freedoms others have provided you!
Veteran's Moutain Run
I just received this message from Local 58 member Robin Vanderpool. Would
somebody please post to discussion. Thanks!
Tony
Tony,
FB wouldn't let me post my commentary on the wall. Please get this out there
This should be an issue when this jackass is up for re-election. I was even
stalked by 3 Arvin City Police at Circle K.
It is really a shame that tax-paying and law-abiding citizens become outlaws
and potential criminals simply by throwing a leg across a motorcycle.
The Veteran's Mountain Run, in it's 7 year history, has never had a single
incident that would require law enforcement intervention. But, the sherriff
again decided Kern County could afford to pay overtime to dozens of deputies
and city police officers to surround and intimidate the attendees. On Friday
night, 7 occupied CHP, KCS and different city police cars were parked
outside the fence facing the event, 2 at the entrance and several stopping
motorcycles on the streets. There were appoximately 16 SWAT and other
uniformed officers posturing inside the event.
Ironically, of the 5 patched clubs that I observed at the event, 3 were law
enforcement clubs. The only club that might be a concern, was represented by
about 6 members and were only there about 4 hours on Saturday. Just long
enough to contribute to the cause through their purchases. While they were
there, 19 SWAT and CHP positioned themselves in a circle around the members
and took numerous photos of their motorcycles and the people in the crowd
near them.
As a result of these tactics, The attendees dropped from about 500 to maybe
200 before the raffle tickets were even drawn. The people left due to
concerns about what the sherriff was expecting to happen. The undue fear he
imposed on the public caused Funds for Freedom to lose countless dollars
from lost sales and outstanding entertainment was waisted on a reduced
audience. I sure hope he's proud of the impact he had on our military
veterans and their families.
Robin Vanderpool
somebody please post to discussion. Thanks!
Tony
Tony,
FB wouldn't let me post my commentary on the wall. Please get this out there
This should be an issue when this jackass is up for re-election. I was even
stalked by 3 Arvin City Police at Circle K.
It is really a shame that tax-paying and law-abiding citizens become outlaws
and potential criminals simply by throwing a leg across a motorcycle.
The Veteran's Mountain Run, in it's 7 year history, has never had a single
incident that would require law enforcement intervention. But, the sherriff
again decided Kern County could afford to pay overtime to dozens of deputies
and city police officers to surround and intimidate the attendees. On Friday
night, 7 occupied CHP, KCS and different city police cars were parked
outside the fence facing the event, 2 at the entrance and several stopping
motorcycles on the streets. There were appoximately 16 SWAT and other
uniformed officers posturing inside the event.
Ironically, of the 5 patched clubs that I observed at the event, 3 were law
enforcement clubs. The only club that might be a concern, was represented by
about 6 members and were only there about 4 hours on Saturday. Just long
enough to contribute to the cause through their purchases. While they were
there, 19 SWAT and CHP positioned themselves in a circle around the members
and took numerous photos of their motorcycles and the people in the crowd
near them.
As a result of these tactics, The attendees dropped from about 500 to maybe
200 before the raffle tickets were even drawn. The people left due to
concerns about what the sherriff was expecting to happen. The undue fear he
imposed on the public caused Funds for Freedom to lose countless dollars
from lost sales and outstanding entertainment was waisted on a reduced
audience. I sure hope he's proud of the impact he had on our military
veterans and their families.
Robin Vanderpool
ATTIKA ~ opens for Steel Panther >> Key Club HOLLYWOOD July 5th Monday
FROM K.O.
ATTIKA opens for STEEL PANTHER on Sunset Blvd. @ Hollywood’s famous KEY CLUB. Monday, JULY 5th
Pre-sale tickets are $10, at the door $18.
405 fwy, exit Sunset … arrive by 9pm/9:30 >> ATTIKA PLAYS @ 10pm sharp!
Pre-sale tickets 714-771-9000 K.O.
From: rusty coones
Sent: Sunday, June 27, 2010 12:41 PM
Subject: ATTIKA opens for Steel Panther show >> Key Club July 5th
If you haven't seen Steel Panther your missing a great show. They are a great act and funny as hell. ATTIKA will be playing direct support opening at 10pm. Arrive early Steel Panther shows are usually packed. For pre-sale tickets call K.O. at 714-771-9000
Key Club in Hollywood
9039 Sunset Blvd
ATTIKA opens for STEEL PANTHER on Sunset Blvd. @ Hollywood’s famous KEY CLUB. Monday, JULY 5th
Pre-sale tickets are $10, at the door $18.
405 fwy, exit Sunset … arrive by 9pm/9:30 >> ATTIKA PLAYS @ 10pm sharp!
Pre-sale tickets 714-771-9000 K.O.
From: rusty coones
Sent: Sunday, June 27, 2010 12:41 PM
Subject: ATTIKA opens for Steel Panther show >> Key Club July 5th
If you haven't seen Steel Panther your missing a great show. They are a great act and funny as hell. ATTIKA will be playing direct support opening at 10pm. Arrive early Steel Panther shows are usually packed. For pre-sale tickets call K.O. at 714-771-9000
Key Club in Hollywood
9039 Sunset Blvd
From a source in Michigan
OFF THE WIRE
http://www.lenconnect.com/news/x383302505/Motorcycle-helmet-tickets-to-be-dropped
> >
> > By Dennis Pelham
> > Daily Telegram
> > Posted Jun 24, 2010 @ 05:08 PM
> > ADRIAN, Mich. — Motorcyclists fighting unapproved helmet
> > tickets they received this spring from Adrian police were
> > notified last week the cases are being dropped.
> >
> > Legal issues brought up in Lenawee County District Court by
> > an attorney for a motorcycle rights group are the same ones
> > involved in a lawsuit in federal court in Grand Rapids, said
> > Adrian City Attorney Sarah Osburn. Rather than leave the
> > half-dozen tickets pending in Lenawee County District Court
> > for months or years while the federal case is decided, she
> > said, the tickets were dismissed.
> >
> > Depending on the outcome of the federal lawsuit, she said,
> > it is possible the tickets could be reinstated. But that has
> > not been decided, Osburn said.
> >
> > Helmet enforcement in Adrian this spring drew the attention
> > of ABATE of Michigan Inc. An attorney for the state’s
> > chapter of American Bikers Aiming Toward Education showed up
> > for an April 20 hearing on a challenged helmet ticket in
> > district court, along with about 20 local members of the
> > group.
> >
> > Osburn said she and Sgt. Lynn Courington, who wrote the
> > helmet tickets, agreed to drop enforcement action until the
> > federal lawsuit defines how the helmet law is to be
> > applied.
> >
> > Courington, a motorcycle instructor and enthusiast, said
> > there was nothing personal about the enforcement actions or
> > the decision to wait for legal issues to clear up.
> >
> > “Whatever the law says to do, that’s what you do,” he
> > said Wednesday.
> >
> > Martin Richardson, one of the first motorcyclists to fight
> > the helmet tickets, said he was happy to learn the city is
> > dropping the cases.
> >
> > “I did not think it was appropriate the way it was
> > handled,” Richardson said. He said he felt his rights were
> > being abused when he was stopped and his helmet taken for
> > evidence, forcing him to wait for a friend to bring him
> > another helmet before he could ride home.
> >
> > A federal judge in Grand Rapids agreed in April to decide a
> > claim by ABATE that Michigan’s helmet law is being
> > illegally enforced by police who stop riders on suspicion of
> > wearing an unapproved helmet. The group claims there is no
> > method for police to determine if helmets meet federal
> > Department of Transportation requirements without looking
> > inside the headgear, making the stops illegal searches.
http://www.lenconnect.com/news/x383302505/Motorcycle-helmet-tickets-to-be-dropped
> >
> > By Dennis Pelham
> > Daily Telegram
> > Posted Jun 24, 2010 @ 05:08 PM
> > ADRIAN, Mich. — Motorcyclists fighting unapproved helmet
> > tickets they received this spring from Adrian police were
> > notified last week the cases are being dropped.
> >
> > Legal issues brought up in Lenawee County District Court by
> > an attorney for a motorcycle rights group are the same ones
> > involved in a lawsuit in federal court in Grand Rapids, said
> > Adrian City Attorney Sarah Osburn. Rather than leave the
> > half-dozen tickets pending in Lenawee County District Court
> > for months or years while the federal case is decided, she
> > said, the tickets were dismissed.
> >
> > Depending on the outcome of the federal lawsuit, she said,
> > it is possible the tickets could be reinstated. But that has
> > not been decided, Osburn said.
> >
> > Helmet enforcement in Adrian this spring drew the attention
> > of ABATE of Michigan Inc. An attorney for the state’s
> > chapter of American Bikers Aiming Toward Education showed up
> > for an April 20 hearing on a challenged helmet ticket in
> > district court, along with about 20 local members of the
> > group.
> >
> > Osburn said she and Sgt. Lynn Courington, who wrote the
> > helmet tickets, agreed to drop enforcement action until the
> > federal lawsuit defines how the helmet law is to be
> > applied.
> >
> > Courington, a motorcycle instructor and enthusiast, said
> > there was nothing personal about the enforcement actions or
> > the decision to wait for legal issues to clear up.
> >
> > “Whatever the law says to do, that’s what you do,” he
> > said Wednesday.
> >
> > Martin Richardson, one of the first motorcyclists to fight
> > the helmet tickets, said he was happy to learn the city is
> > dropping the cases.
> >
> > “I did not think it was appropriate the way it was
> > handled,” Richardson said. He said he felt his rights were
> > being abused when he was stopped and his helmet taken for
> > evidence, forcing him to wait for a friend to bring him
> > another helmet before he could ride home.
> >
> > A federal judge in Grand Rapids agreed in April to decide a
> > claim by ABATE that Michigan’s helmet law is being
> > illegally enforced by police who stop riders on suspicion of
> > wearing an unapproved helmet. The group claims there is no
> > method for police to determine if helmets meet federal
> > Department of Transportation requirements without looking
> > inside the headgear, making the stops illegal searches.
Exhaust pipe laws threaten
OFF THE WIRE
It's betrayal of the trust. No excuse. Not even a stupidity excuse. No lobbyist is that stupid. That's intentional. People are being played. Look for the motive. There's always motive. If motive is not revealed or is totally unreasonable/incredible in its' explanation, the only other explanation is worse: infiltration.
Motivation of the lobbyist may be different than the motivation of the ABATE BOD (if they continue to allow their lobbyists claim of neutrality to stand).
Here are a few possible motives. You might think of others.
1. Manufacturers don't want the heat of Cali passing a resolution to tell the EPA to increase regulation.
2. The SMRO sees it as an opportunity to tell people to join, while also showing legislators they are cooperative.
3. A law firm wants to get noticed as important assistance in smaller cases, so potential clients will remember them for multi-million dollar ones.
The thing is, ABATE is going to do what ABATE is going to do. If they go neutral, this is only further proof they do not deserve the trust of motorcyclists who depend on them to represent their rights. All you can do is have a position statement in opposition, and by opposition, I mean opposition to the legislation rather than your opposition to the MSO. There is time to state opposition to ABATE and condemnations of them as betraying the trust later. They are not the key to this. I see Bub as being key if you can get them to withdraw their support.
If anyone goes to Sacramento today, find out if ABATE is taking a neutral position. If so, do not stand with, and especially not behind, ABATE speakers. Position yourself apart from them. Get there early. Before the meeting starts, tell the chairperson you are from B.O.L.T. and wish to speak in opposition to the bill. If you get a chance to speak, stand up, say your name and what legislative district you are in. You might explain to the committee that you are not there looking for any special privileges or for a handout. You are there because you are not willing to accept criminal responsibility when it is the motorcycle manufacturers who fail to follow EPA regulations, and you don't want the legislators to allow law enforcement to use it as an additional reason to target motorcyclists for harassment, and if law enforcement fails to see an EPA stamp that is no reason to ticket us. Not when 0 out of 76 brand new motorcycles fail to fully comply with the EPA label regulation according to a survey of brand new motorcycles in New York City showrooms as recently as 2008.
And while we're at it, speaking of bad laws that promote harassment of motorcyclists, since the CHP has refused, for years, to follow federal court orders from Easyriders v. Commissioner Hannigan, I ask the committee to remove all sections of this entire proposal and replace it with a motion for an amendment which repeals 27802 and 27803, the helmet statute, for that very reason! You have some nerve to expect us to be responsible for a label on a pipe, when your own highway patrol refuses to obey common law. We're sick of being harassed, and will not tolerate any more injustice against us! That's all I have to say, but I'll take questions.
(Just sit down. Don't say thank you. Remember, they are there to talk about BOHICA. Some might be on your side, so be nice to those who are.)
It's betrayal of the trust. No excuse. Not even a stupidity excuse. No lobbyist is that stupid. That's intentional. People are being played. Look for the motive. There's always motive. If motive is not revealed or is totally unreasonable/incredible in its' explanation, the only other explanation is worse: infiltration.
Motivation of the lobbyist may be different than the motivation of the ABATE BOD (if they continue to allow their lobbyists claim of neutrality to stand).
Here are a few possible motives. You might think of others.
1. Manufacturers don't want the heat of Cali passing a resolution to tell the EPA to increase regulation.
2. The SMRO sees it as an opportunity to tell people to join, while also showing legislators they are cooperative.
3. A law firm wants to get noticed as important assistance in smaller cases, so potential clients will remember them for multi-million dollar ones.
The thing is, ABATE is going to do what ABATE is going to do. If they go neutral, this is only further proof they do not deserve the trust of motorcyclists who depend on them to represent their rights. All you can do is have a position statement in opposition, and by opposition, I mean opposition to the legislation rather than your opposition to the MSO. There is time to state opposition to ABATE and condemnations of them as betraying the trust later. They are not the key to this. I see Bub as being key if you can get them to withdraw their support.
If anyone goes to Sacramento today, find out if ABATE is taking a neutral position. If so, do not stand with, and especially not behind, ABATE speakers. Position yourself apart from them. Get there early. Before the meeting starts, tell the chairperson you are from B.O.L.T. and wish to speak in opposition to the bill. If you get a chance to speak, stand up, say your name and what legislative district you are in. You might explain to the committee that you are not there looking for any special privileges or for a handout. You are there because you are not willing to accept criminal responsibility when it is the motorcycle manufacturers who fail to follow EPA regulations, and you don't want the legislators to allow law enforcement to use it as an additional reason to target motorcyclists for harassment, and if law enforcement fails to see an EPA stamp that is no reason to ticket us. Not when 0 out of 76 brand new motorcycles fail to fully comply with the EPA label regulation according to a survey of brand new motorcycles in New York City showrooms as recently as 2008.
And while we're at it, speaking of bad laws that promote harassment of motorcyclists, since the CHP has refused, for years, to follow federal court orders from Easyriders v. Commissioner Hannigan, I ask the committee to remove all sections of this entire proposal and replace it with a motion for an amendment which repeals 27802 and 27803, the helmet statute, for that very reason! You have some nerve to expect us to be responsible for a label on a pipe, when your own highway patrol refuses to obey common law. We're sick of being harassed, and will not tolerate any more injustice against us! That's all I have to say, but I'll take questions.
(Just sit down. Don't say thank you. Remember, they are there to talk about BOHICA. Some might be on your side, so be nice to those who are.)
Monday, June 28, 2010
plan for tomorrow?
OFF THE WIRE
sent this to the guys out here just now, not sure yet who’s going or what’s gonna happen tomorrow. Got a note back from Don saying it’d be really powerful if we could get BUB to withdraw support before the hearing so if anybody knows how to do make that happen – DO IT!
Jan, I put this together in a format such that if you did manage to hook up with one of the sport bike groups through NCUBA who could attend the hearing they could read it off.
Been thinking about the best course of action all day and I think we need at least one if not more other organizations to stand up and wave a copy of the New York presentation in the air and ask the committee members if they’ve all seen it.
Go on to tell them:
New York City was on the verge of passing a law to use the EPA labeling for enforcement purposes as is being proposed here and the concerned motorcyclists who put the presentation together managed to explain to them why it couldn’t work.
Then go on record saying that:
The presentation shows clearly that many brand new stock motorcycles don’t have easily visible labels and some don’t have them at all or must be partially disassembled in order to see them. There’s no reason to believe that the 2011 models will be any different since the EPA agency that created the regulations, the Office of Noise Abatement and Control, hasn’t existed since 1981 and the EPA doesn’t take responsibility for the regulations anymore, even though they’re still on the books. That’s why the labeling is such a mess: no one’s been responsible for the regulations for 30 years and technology has changed motorcycle design significantly since then.
If this law passes you will be making roughly half the 2011 model year motorcycles sold in California subject to a fix it ticket right off the showroom floor. And how would a consumer who received one of these tickets possibly “fix-it”, and why should they even have to?
Although the language saying that even parked vehicles were covered under the proposed new vehicle code section has been removed, the fact that it’s considered an equipment violation would allow police to issue citations even to parked vehicles, same as issuing a citation to a car with no front license plate. We’d hate to think police departments across the state would put together a list of new models they know are in violation just so they could wander around at motorcycle gatherings and issue citations but stranger things have happened in the past.
I’m not sure what the protocol is to be one of the organizations allowed to speak but I’ve seen them give 3 minutes to more than one group in the past. Probably the best way to find out is to go to the the Assembly Transportation Committee Chair’s office and ask. Or call. The Chair is Bonnie Lowenthal office number (916) 319-2193. She’s also a co-sponsor of the bill.
__._,_.___
sent this to the guys out here just now, not sure yet who’s going or what’s gonna happen tomorrow. Got a note back from Don saying it’d be really powerful if we could get BUB to withdraw support before the hearing so if anybody knows how to do make that happen – DO IT!
Jan, I put this together in a format such that if you did manage to hook up with one of the sport bike groups through NCUBA who could attend the hearing they could read it off.
Been thinking about the best course of action all day and I think we need at least one if not more other organizations to stand up and wave a copy of the New York presentation in the air and ask the committee members if they’ve all seen it.
Go on to tell them:
New York City was on the verge of passing a law to use the EPA labeling for enforcement purposes as is being proposed here and the concerned motorcyclists who put the presentation together managed to explain to them why it couldn’t work.
Then go on record saying that:
The presentation shows clearly that many brand new stock motorcycles don’t have easily visible labels and some don’t have them at all or must be partially disassembled in order to see them. There’s no reason to believe that the 2011 models will be any different since the EPA agency that created the regulations, the Office of Noise Abatement and Control, hasn’t existed since 1981 and the EPA doesn’t take responsibility for the regulations anymore, even though they’re still on the books. That’s why the labeling is such a mess: no one’s been responsible for the regulations for 30 years and technology has changed motorcycle design significantly since then.
If this law passes you will be making roughly half the 2011 model year motorcycles sold in California subject to a fix it ticket right off the showroom floor. And how would a consumer who received one of these tickets possibly “fix-it”, and why should they even have to?
Although the language saying that even parked vehicles were covered under the proposed new vehicle code section has been removed, the fact that it’s considered an equipment violation would allow police to issue citations even to parked vehicles, same as issuing a citation to a car with no front license plate. We’d hate to think police departments across the state would put together a list of new models they know are in violation just so they could wander around at motorcycle gatherings and issue citations but stranger things have happened in the past.
I’m not sure what the protocol is to be one of the organizations allowed to speak but I’ve seen them give 3 minutes to more than one group in the past. Probably the best way to find out is to go to the the Assembly Transportation Committee Chair’s office and ask. Or call. The Chair is Bonnie Lowenthal office number (916) 319-2193. She’s also a co-sponsor of the bill.
__._,_.___
Missouri man is charged with leading role in abduction
OFF THE WIRE
BY: James Queally
New Jersey - ~Missouri man is charged with leading role in abduction, beating of Newton businessman~
NEWTON - After months spent searching through his cell phone and financial records, authorities have uncovered enough evidence to charge William Barger with masterminding the bizarre abduction of a Newton businessman earlier this year.
Barger, a 49-year-old Missouri resident who once claimed to be the heir apparent to the notorious Hell's Angels motorcycle gang, now faces kidnapping and conspiracy charges in connection with the January abduction of Jeffrey Muller, police Chief John Tomasula said today.
Five men have been arrested in connection with the kidnapping in the past six months.
The 59-year-old Newton man was assaulted and zapped with a stun gun by three Missouri men - Douglas Stangeland, Andrew Wadel and Lonnie Swarnes - who allegedly stuffed him into the trunk of a car in the parking lot of Muller's Newton pet supply shop on Jan. 8th.
Investigators believe the trio was targeting a different Jeffrey Muller, a money broker who resides in New York, but grabbed the wrong man.
Tomasula said today that evidence gleaned from Barger's cell phone and personal computers show he orchestrated the kidnapping. The men who attacked Muller may have been "prospects" in Barger's fledgling chapter of the Hell's Angels, according to Deputy Steve Schlup of the Vernon County, Mo., Sheriff's Office.
While Barger claims to be the son of Ralph "Sonny Barger," founder of the infamous Hell's Angels, his attorney has denied that claim.
Muller was repeatedly threatened with violence by his captors over the course of a 1,200 mile ride from New Jersey to Lake Ozark, Mo., despite the businessman's repeated claims that the trio had abducted the wrong man, according to the victim's son. The 59-year-old escaped from the trunk of the car shortly after it broke down near a convenience store, and local authorities arrested Stangeland, Wadel and Swarnes almost immediately.
In a March interview, Schlup said the entire ordeal was sparked by a booze-fueled conversation between Stangeland and a defeated entrepreneur named Roy Slates, whose attempt to build a championship-caliber golf course in southern Utah was derailed when Muller, the money broker, failed to produce investors.
The January abduction sparked a multi-agency probe involving members of the Newton Police Department, the Sussex County Prosecutor's Office, the New Jersey State Police, the Federal Bureau of Investigation and the Vernon County Sheriff's Office in Missouri. Barger is currently being held at the Vernon County Jail on burglary and weapons charges stemming from a prior incident where a man was struck by a shotgun blast during a home invasion, Tomasula said.
Stangeland, Wadel and Swarnes are still incarcerated on kidnapping charges. Slates was charged with concealing a felony and hindering a prosecution by lying to investigators earlier this year, and remains free on $5,000 bail.
BY: James Queally
New Jersey - ~Missouri man is charged with leading role in abduction, beating of Newton businessman~
NEWTON - After months spent searching through his cell phone and financial records, authorities have uncovered enough evidence to charge William Barger with masterminding the bizarre abduction of a Newton businessman earlier this year.
Barger, a 49-year-old Missouri resident who once claimed to be the heir apparent to the notorious Hell's Angels motorcycle gang, now faces kidnapping and conspiracy charges in connection with the January abduction of Jeffrey Muller, police Chief John Tomasula said today.
Five men have been arrested in connection with the kidnapping in the past six months.
The 59-year-old Newton man was assaulted and zapped with a stun gun by three Missouri men - Douglas Stangeland, Andrew Wadel and Lonnie Swarnes - who allegedly stuffed him into the trunk of a car in the parking lot of Muller's Newton pet supply shop on Jan. 8th.
Investigators believe the trio was targeting a different Jeffrey Muller, a money broker who resides in New York, but grabbed the wrong man.
Tomasula said today that evidence gleaned from Barger's cell phone and personal computers show he orchestrated the kidnapping. The men who attacked Muller may have been "prospects" in Barger's fledgling chapter of the Hell's Angels, according to Deputy Steve Schlup of the Vernon County, Mo., Sheriff's Office.
While Barger claims to be the son of Ralph "Sonny Barger," founder of the infamous Hell's Angels, his attorney has denied that claim.
Muller was repeatedly threatened with violence by his captors over the course of a 1,200 mile ride from New Jersey to Lake Ozark, Mo., despite the businessman's repeated claims that the trio had abducted the wrong man, according to the victim's son. The 59-year-old escaped from the trunk of the car shortly after it broke down near a convenience store, and local authorities arrested Stangeland, Wadel and Swarnes almost immediately.
In a March interview, Schlup said the entire ordeal was sparked by a booze-fueled conversation between Stangeland and a defeated entrepreneur named Roy Slates, whose attempt to build a championship-caliber golf course in southern Utah was derailed when Muller, the money broker, failed to produce investors.
The January abduction sparked a multi-agency probe involving members of the Newton Police Department, the Sussex County Prosecutor's Office, the New Jersey State Police, the Federal Bureau of Investigation and the Vernon County Sheriff's Office in Missouri. Barger is currently being held at the Vernon County Jail on burglary and weapons charges stemming from a prior incident where a man was struck by a shotgun blast during a home invasion, Tomasula said.
Stangeland, Wadel and Swarnes are still incarcerated on kidnapping charges. Slates was charged with concealing a felony and hindering a prosecution by lying to investigators earlier this year, and remains free on $5,000 bail.
Maryland adds charges against Pagan leader
OFF THE WIRE
BY: Kate Leckie
West Virginia - A local man at the center of a multistate sweep of the Pagans Motorcycle Club is nearing his July 13 trial date in Charleston, W.Va., on federal racketeering charges.
Now court documents also show that federal authorities in Maryland have leveled two more felony charges against David Keith "Bart" Barbeito, 50, stemming from that same sweep, which included an Oct. 6 search of his Myersville home.
Barbeito had been president of the national motorcycle club.
During the fall search, FBI agents and police turned up a cache of firearms, cash and Pagan-related items, including documents, clothing and a wall clock with the club's logo.
One firearm seized was a handgun with an obliterated serial number. A second firearm was an illegal firearm known as a "street sweeper," a semi-automatic shotgun with a large-capacity magazine.
On May 27, Barbeito was indicted in U.S. District Court in Baltimore on charges of possession of a firearm with an obliterated serial number and possession of an unregistered firearm, according to court documents.
Barbeito's lawyers are crying foul.
In paperwork filed Friday in U.S. District Court in Charleston, Barbeito's lawyers claim the new charges were filed in Maryland only after the Frederick County man rejected plea offers extended to him between March and May.
In documents, defense attorneys Elgine Heceta McArdle and Stanley Needleman urge the court to keep the street sweeper out as evidence or to dismiss the Maryland indictment.
Contacted Friday evening, Rod J. Rosenstein, U.S. attorney for Maryland, declined to comment on the status of the federal case in Maryland.
In a letter dated May 28 to U.S. District Judge William D. Quarles Jr., Rosenstein wrote that it was anticipated the Maryland charges would be transferred to West Virginia as part of a plea agreement between Barbeito and federal authorities in West Virginia.
BY: Kate Leckie
West Virginia - A local man at the center of a multistate sweep of the Pagans Motorcycle Club is nearing his July 13 trial date in Charleston, W.Va., on federal racketeering charges.
Now court documents also show that federal authorities in Maryland have leveled two more felony charges against David Keith "Bart" Barbeito, 50, stemming from that same sweep, which included an Oct. 6 search of his Myersville home.
Barbeito had been president of the national motorcycle club.
During the fall search, FBI agents and police turned up a cache of firearms, cash and Pagan-related items, including documents, clothing and a wall clock with the club's logo.
One firearm seized was a handgun with an obliterated serial number. A second firearm was an illegal firearm known as a "street sweeper," a semi-automatic shotgun with a large-capacity magazine.
On May 27, Barbeito was indicted in U.S. District Court in Baltimore on charges of possession of a firearm with an obliterated serial number and possession of an unregistered firearm, according to court documents.
Barbeito's lawyers are crying foul.
In paperwork filed Friday in U.S. District Court in Charleston, Barbeito's lawyers claim the new charges were filed in Maryland only after the Frederick County man rejected plea offers extended to him between March and May.
In documents, defense attorneys Elgine Heceta McArdle and Stanley Needleman urge the court to keep the street sweeper out as evidence or to dismiss the Maryland indictment.
Contacted Friday evening, Rod J. Rosenstein, U.S. attorney for Maryland, declined to comment on the status of the federal case in Maryland.
In a letter dated May 28 to U.S. District Judge William D. Quarles Jr., Rosenstein wrote that it was anticipated the Maryland charges would be transferred to West Virginia as part of a plea agreement between Barbeito and federal authorities in West Virginia.
A letter to motorcycle cynics
OFF THE WIRE
BY: Berlin Sylvestre
US - Dear overly-concerned worry-wart: Can you refrain from telling me horrific stories about dead people when I mention I ride a motorcycle? Seriously, I just can't take it anymore.
Anytime I mention I have a bike, the first thing I usually get from people is the face. You know the one: It contains the hideous expression only made by an elderly man who, in spite of being in week two of debilitating constipation, ate the jalapeno burger anyway. Save the face, guys– a motorcycle isn't a death sentence.
After that look, I'm immediately privy to the tale of some uncle's neighbor's gardener's astrologer who got smeared across 285 when a teenaged drunk driver swerved into his lane back in 1993. Sigh. Way to go, Debbie Downer. Now I have to reach into my feigned emotion box, manage to return the face and offer some sort of apology for a completely random incident I wish you'd stop elaborating on. Oh, he didn't die immediately? His family rushed to the hospital only to get there seconds after he passed, never getting the chance to say goodbye? To top it off, he was on his way to get his five year old daughter a puppy to celebrate the birth of her brand-new baby brother? And he never learned to read? Bummer. Guess I better sell, huh? Hey, can we talk about something more upbeat, like the Holocaust or Sudden Infant Death Syndrome?
Shoot happens, yes I know. It's tragic, and I'm sorry to hear it, but can you please stop gnawing your torn, bloody fingernails between the gory details and let me get back to my rant on political bumper stickers? And when I change the subject from my imminent doom back to Sarah Palin, can you please not accuse me of skirting the issue because it makes me uncomfortable while insisting that this is something I "need to hear?" For crying out loud, please go on. While you speak, however, I'm going to Google pictures of fatal car crashes, so we can delve even further into what happens to stupid people who like to "take risks" by using motors and wheels to move around the world.
The statistics are clear: Motorcycles can be dangerous and are at times fatal. However, what most of these people in love with doomsday tales fail to realize is that the number of fatalities is the direct results of things I won't do, such as riding while intoxicated, declining proper riding gear or racing in the streets. It's a fact that I won't even test-taste a beer if I'm going to ride that day. It's a superstition I made up, but I like knowing there's not a drop of hooch in me while I lean into curves. Too, I find racing on the road to be selfish, dangerous and strictly for imbeciles. Take it to the track, chump-you're making us look bad.
Consider also that it's not the law in every state to wear a helmet. Ride to Florida, and you'll see what I mean: Helmets are rare over there, which really bothers me. The largest percentage of motorcycle deaths is due to head-trauma. It's because of these bare-headed showboats with an apparent need to let the wind blow through all four feet of their wispy hair (and don't get me started on the women) that you have the inclination to lecture me. Save it. I've always got a brain-bucket on.
I've been riding ATVs, dirt bikes and motorcycles since I was a wee lass. I've ridden cruisers, standards and sport-bikes (my favorite) and have seen more interstate miles on two wheels than many people have seen on four. I've been nearly sucked into the underbelly of an 18-wheeler during Katrina's runoff storms and have been badly burned by a pretty rough spill when I was younger. Trust me– I know these things can be tricky. However, I need you to stop treating me as if I'm some product of blind vanity hell-bent on flying by you at 140 miles per hour because I think I'm immortal and because I can.
Since we're on the subject, can I tell you why motorcycles rock? Apart from the fact that they make the most mundane errands, such as going to the bank or taking movies back to Blockbuster, a blast, they also get the most amazing gas mileage. I can put 12 bucks in my tank and peel around Kennesaw for two weeks before returning to the station only to find I still have half a tank. In terms of insurance, I have a premium plan with a mere $100 deductible and $250,000 in coverage for $188 per year. Per year! I never (ever ever) have to worry about parking; I can ride in the HOV at any given time, I can squeeze through inexplicable clogs in traffic and never get hampered by rush hour traffic. There's also the warm fuzzy feeling I get when enormous, tattooed bikers nod hello and smile as I pass them. By the way, did I mention how tough some people think girls on bikes are? Instant respect-it's lovely!
I know I'm not immortal, and I know need to take a few extra precautions when I'm out there on my bike. What I don't need is some nosy Parker warning me I'm about to die for my vehicular narcissism; that's not what riding a motorcycle is about for me.
When you hear someone is about to eat lunch, you probably don't rattle on about the number of choking fatalities per year. Likewise, when you find out someone rides a bike, please put down the jalapeno burger, and instead, say something like: "Hey, that's cool. Bikes get a bad rap, but be safe anyway-lots of idiots on the road these days."
BY: Berlin Sylvestre
US - Dear overly-concerned worry-wart: Can you refrain from telling me horrific stories about dead people when I mention I ride a motorcycle? Seriously, I just can't take it anymore.
Anytime I mention I have a bike, the first thing I usually get from people is the face. You know the one: It contains the hideous expression only made by an elderly man who, in spite of being in week two of debilitating constipation, ate the jalapeno burger anyway. Save the face, guys– a motorcycle isn't a death sentence.
After that look, I'm immediately privy to the tale of some uncle's neighbor's gardener's astrologer who got smeared across 285 when a teenaged drunk driver swerved into his lane back in 1993. Sigh. Way to go, Debbie Downer. Now I have to reach into my feigned emotion box, manage to return the face and offer some sort of apology for a completely random incident I wish you'd stop elaborating on. Oh, he didn't die immediately? His family rushed to the hospital only to get there seconds after he passed, never getting the chance to say goodbye? To top it off, he was on his way to get his five year old daughter a puppy to celebrate the birth of her brand-new baby brother? And he never learned to read? Bummer. Guess I better sell, huh? Hey, can we talk about something more upbeat, like the Holocaust or Sudden Infant Death Syndrome?
Shoot happens, yes I know. It's tragic, and I'm sorry to hear it, but can you please stop gnawing your torn, bloody fingernails between the gory details and let me get back to my rant on political bumper stickers? And when I change the subject from my imminent doom back to Sarah Palin, can you please not accuse me of skirting the issue because it makes me uncomfortable while insisting that this is something I "need to hear?" For crying out loud, please go on. While you speak, however, I'm going to Google pictures of fatal car crashes, so we can delve even further into what happens to stupid people who like to "take risks" by using motors and wheels to move around the world.
The statistics are clear: Motorcycles can be dangerous and are at times fatal. However, what most of these people in love with doomsday tales fail to realize is that the number of fatalities is the direct results of things I won't do, such as riding while intoxicated, declining proper riding gear or racing in the streets. It's a fact that I won't even test-taste a beer if I'm going to ride that day. It's a superstition I made up, but I like knowing there's not a drop of hooch in me while I lean into curves. Too, I find racing on the road to be selfish, dangerous and strictly for imbeciles. Take it to the track, chump-you're making us look bad.
Consider also that it's not the law in every state to wear a helmet. Ride to Florida, and you'll see what I mean: Helmets are rare over there, which really bothers me. The largest percentage of motorcycle deaths is due to head-trauma. It's because of these bare-headed showboats with an apparent need to let the wind blow through all four feet of their wispy hair (and don't get me started on the women) that you have the inclination to lecture me. Save it. I've always got a brain-bucket on.
I've been riding ATVs, dirt bikes and motorcycles since I was a wee lass. I've ridden cruisers, standards and sport-bikes (my favorite) and have seen more interstate miles on two wheels than many people have seen on four. I've been nearly sucked into the underbelly of an 18-wheeler during Katrina's runoff storms and have been badly burned by a pretty rough spill when I was younger. Trust me– I know these things can be tricky. However, I need you to stop treating me as if I'm some product of blind vanity hell-bent on flying by you at 140 miles per hour because I think I'm immortal and because I can.
Since we're on the subject, can I tell you why motorcycles rock? Apart from the fact that they make the most mundane errands, such as going to the bank or taking movies back to Blockbuster, a blast, they also get the most amazing gas mileage. I can put 12 bucks in my tank and peel around Kennesaw for two weeks before returning to the station only to find I still have half a tank. In terms of insurance, I have a premium plan with a mere $100 deductible and $250,000 in coverage for $188 per year. Per year! I never (ever ever) have to worry about parking; I can ride in the HOV at any given time, I can squeeze through inexplicable clogs in traffic and never get hampered by rush hour traffic. There's also the warm fuzzy feeling I get when enormous, tattooed bikers nod hello and smile as I pass them. By the way, did I mention how tough some people think girls on bikes are? Instant respect-it's lovely!
I know I'm not immortal, and I know need to take a few extra precautions when I'm out there on my bike. What I don't need is some nosy Parker warning me I'm about to die for my vehicular narcissism; that's not what riding a motorcycle is about for me.
When you hear someone is about to eat lunch, you probably don't rattle on about the number of choking fatalities per year. Likewise, when you find out someone rides a bike, please put down the jalapeno burger, and instead, say something like: "Hey, that's cool. Bikes get a bad rap, but be safe anyway-lots of idiots on the road these days."
ATF: Criminal Biker Gangs Ride Rough In The Carolina`s
OFF THE WIRE
BY: Scott Graf
North Carolina - The web site of the Outlaws Motorcycle Club greets you with the message: "Coming soon to a city near you."
And based on a federal indictment last week, that's not a good thing.
Federal investigators say the club is really a gang that's at war with the Hell's Angels.
Twenty-seven Outlaws members from seven states are charged in a multitude of crimes that include drugs, robbery, assault and the use of explosives.
Ten of those charged are from four chapters in the Charlotte area and Asheville.
Some crimes have innocent victims. In one example, the indictment says an Outlaw beat up a man in a bar because the man was black. It was just something to do.
The ATF is in charge of the Outlaws case. Agent Earl Woodham, spokesman for the agency's Charlotte office, agreed to talk to us in general terms about motorcycle gangs. He says they are often quite organized
BY: Scott Graf
North Carolina - The web site of the Outlaws Motorcycle Club greets you with the message: "Coming soon to a city near you."
And based on a federal indictment last week, that's not a good thing.
Federal investigators say the club is really a gang that's at war with the Hell's Angels.
Twenty-seven Outlaws members from seven states are charged in a multitude of crimes that include drugs, robbery, assault and the use of explosives.
Ten of those charged are from four chapters in the Charlotte area and Asheville.
Some crimes have innocent victims. In one example, the indictment says an Outlaw beat up a man in a bar because the man was black. It was just something to do.
The ATF is in charge of the Outlaws case. Agent Earl Woodham, spokesman for the agency's Charlotte office, agreed to talk to us in general terms about motorcycle gangs. He says they are often quite organized
Memorial service for Outlaws member shot in Maine
OFF THE WIRE
google.com
Maine - DAYTON, Maine - About 250 bikers attended a heavily guarded memorial service in Maine for an Outlaws motorcycle club member who was killed in a shootout with federal agents.
The group left after the Saturday afternoon gathering at the Outlaws clubhouse in Dayton for Thomas Mayne. Sheriff's deputies were outside the clubhouse and would not permit media on the property. An American flag flew at half-staff outside the clubhouse.
After they left the tribute, about 100 participants went on a ride. Some attended a funeral in Mayne's hometown of Old Orchard Beach later Saturday, which was for family members.
"It's been a smooth operation," York County Sheriff Maurice Ouellete said. "I anticipate it to remain that way."
Mayne was killed June 15 after agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives tried to arrest him at his home.
Mayne, 58, was one of 27 Outlaws members from many states named in a federal indictment out of Virginia charging them with a range of crimes from attempted murder and racketeering to drug and firearms violations.
The indictment alleged that Mayne was one of two Outlaws who shot a Hell's Angel motorcycle club member last October outside a Hell's Angels clubhouse in central Maine. The victim was shot multiple times but survived.
The shooting was payback for an altercation in September when Hell's Angels members assaulted and took Outlaws club patches from two Outlaws members at a gas station in New Haven, Conn., according to the indictment.
Mayne was the Outlaws' regional treasurer and at one time served as the regional "enforcer," the indictment said.
While much of his time was spent riding his Harley-Davidson motorcycles with other Outlaw members, he also enjoyed playing his guitar, surfing, playing hockey, fishing and gardening with his wife, according to his obituary posted on the website of the funeral home that handled his memorial services.
Mayne was born in Massachusetts, graduated from high school in 1971 and served in Vietnam with the U.S. Air Force until 1973, according to the obituary. He was a self-employed lobsterman until he became disabled 10 years ago.
He and his wife of 28 years had two daughters, who live in southern Maine, the obituary said.
google.com
Maine - DAYTON, Maine - About 250 bikers attended a heavily guarded memorial service in Maine for an Outlaws motorcycle club member who was killed in a shootout with federal agents.
The group left after the Saturday afternoon gathering at the Outlaws clubhouse in Dayton for Thomas Mayne. Sheriff's deputies were outside the clubhouse and would not permit media on the property. An American flag flew at half-staff outside the clubhouse.
After they left the tribute, about 100 participants went on a ride. Some attended a funeral in Mayne's hometown of Old Orchard Beach later Saturday, which was for family members.
"It's been a smooth operation," York County Sheriff Maurice Ouellete said. "I anticipate it to remain that way."
Mayne was killed June 15 after agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives tried to arrest him at his home.
Mayne, 58, was one of 27 Outlaws members from many states named in a federal indictment out of Virginia charging them with a range of crimes from attempted murder and racketeering to drug and firearms violations.
The indictment alleged that Mayne was one of two Outlaws who shot a Hell's Angel motorcycle club member last October outside a Hell's Angels clubhouse in central Maine. The victim was shot multiple times but survived.
The shooting was payback for an altercation in September when Hell's Angels members assaulted and took Outlaws club patches from two Outlaws members at a gas station in New Haven, Conn., according to the indictment.
Mayne was the Outlaws' regional treasurer and at one time served as the regional "enforcer," the indictment said.
While much of his time was spent riding his Harley-Davidson motorcycles with other Outlaw members, he also enjoyed playing his guitar, surfing, playing hockey, fishing and gardening with his wife, according to his obituary posted on the website of the funeral home that handled his memorial services.
Mayne was born in Massachusetts, graduated from high school in 1971 and served in Vietnam with the U.S. Air Force until 1973, according to the obituary. He was a self-employed lobsterman until he became disabled 10 years ago.
He and his wife of 28 years had two daughters, who live in southern Maine, the obituary said.
Bulldog Bash policing relaxed
OFF THE
Bulldog Bash policing relaxed
Jun 26 2010 by Jasbir Authi, Birmingham Mail
Add a commentRecommend POLICE have ditched controversial security measures which sparked outrage at the Bulldog Bash bike and music show.
The assistant chief constable of Warwickshire Police, Bill Holland, announced there would be no road closures and massive stop and searches.
The tactics were last year attacked by festival-goers and residents living near the festival venue, the Shakespeare County Raceway, near Stratford-upon-Avon. Security was dramatically stepped up after Hells Angels biker Gerry Tobin was shot dead on the M40 as he rode home from the Bulldog Bash in 2007.
Seven members of rival bike gang Outlaws were later jailed over Mr Tobin’s murder. Police tried to close the event down after other incidents including a riot at Birmingham Airport and several violent incidents abroad.
Mr Holland said the policing operation at this year’s Bulldog Bash, which takes place from August 12 to 15, would be “intelligence led” and visitors would no longer be funnelled into a lay-by to be searched first.
He said: “We’ve listened to the views of residents.
“While we will continue to take steps to prevent, detect and deter criminality around the event, we shall be policing the Bulldog Bash differently this year.
There will be a significant policing operation but it will be less rigid with no permanent road closures. A spokesman for the Bash, which attracts around 50,000 visitors a year, said they “welcomed a return to sensible policing”. He said: “The huge operations over the last two years have cost Warwickshire taxpayers £1 million, resulted in just a handful of arrests and have caused chaos for showgoers and villagers.
“They also discouraged Bash visitors from going out into the area and boosting the economy.
“Local people considered, and we agreed, that these operations were unnecessary.
“We welcome a return to the type of policing that worked well for the first 20 years of the show.
“We look forward to working closely with the police to ensure another safe and successful Bash.”
Bulldog Bash policing relaxed
Jun 26 2010 by Jasbir Authi, Birmingham Mail
Add a commentRecommend POLICE have ditched controversial security measures which sparked outrage at the Bulldog Bash bike and music show.
The assistant chief constable of Warwickshire Police, Bill Holland, announced there would be no road closures and massive stop and searches.
The tactics were last year attacked by festival-goers and residents living near the festival venue, the Shakespeare County Raceway, near Stratford-upon-Avon. Security was dramatically stepped up after Hells Angels biker Gerry Tobin was shot dead on the M40 as he rode home from the Bulldog Bash in 2007.
Seven members of rival bike gang Outlaws were later jailed over Mr Tobin’s murder. Police tried to close the event down after other incidents including a riot at Birmingham Airport and several violent incidents abroad.
Mr Holland said the policing operation at this year’s Bulldog Bash, which takes place from August 12 to 15, would be “intelligence led” and visitors would no longer be funnelled into a lay-by to be searched first.
He said: “We’ve listened to the views of residents.
“While we will continue to take steps to prevent, detect and deter criminality around the event, we shall be policing the Bulldog Bash differently this year.
There will be a significant policing operation but it will be less rigid with no permanent road closures. A spokesman for the Bash, which attracts around 50,000 visitors a year, said they “welcomed a return to sensible policing”. He said: “The huge operations over the last two years have cost Warwickshire taxpayers £1 million, resulted in just a handful of arrests and have caused chaos for showgoers and villagers.
“They also discouraged Bash visitors from going out into the area and boosting the economy.
“Local people considered, and we agreed, that these operations were unnecessary.
“We welcome a return to the type of policing that worked well for the first 20 years of the show.
“We look forward to working closely with the police to ensure another safe and successful Bash.”
THE COPS HAVE IT ALL WRONG, THEY SHOULD BE ARRESTING THE SCUM BAGS INSIDE THE G8 & G20 MEETINGS!!!
OFF THE WIRE
THE COPS HAVE IT ALL WRONG, THEY SHOULD BE ARRESTING THE SCUM BAGS INSIDE THE G8 & G20 MEETINGS!!!
June 27th, 2010 Posted in Government By Hermis Write comment
THE WORLD NEEDS A CIVIL WAR TO RESTORE CIVILITY & RESPECT TO THE WORKING MAN!! PHOTO: OLSON/GETTY
A BEAUTIFUL SIGHT!!! PHOTO: ROBINS/GETTY
ARE THE GIRLS IN CANADA BRAVER THEN AMERICANS THESE DAYS? PHOTO: OLSON/GETTY
AMERICANS ACT LIKE PUSSYS WHEN IT COMES TO STANDING UP TO THE REAL ENEMIES OF THE FREE WORLD: BIG BUSINESS & GOVERNMENT!
THERE’S NO WAY OUT GIVING IN TO THESE MONEY GRUBBING PIGS!
THE COPS HAVE IT ALL WRONG, THEY SHOULD BE ARRESTING THE SCUM BAGS INSIDE THE G8 & G20 MEETINGS!!!
June 27th, 2010 Posted in Government By Hermis Write comment
THE WORLD NEEDS A CIVIL WAR TO RESTORE CIVILITY & RESPECT TO THE WORKING MAN!! PHOTO: OLSON/GETTY
A BEAUTIFUL SIGHT!!! PHOTO: ROBINS/GETTY
ARE THE GIRLS IN CANADA BRAVER THEN AMERICANS THESE DAYS? PHOTO: OLSON/GETTY
AMERICANS ACT LIKE PUSSYS WHEN IT COMES TO STANDING UP TO THE REAL ENEMIES OF THE FREE WORLD: BIG BUSINESS & GOVERNMENT!
THERE’S NO WAY OUT GIVING IN TO THESE MONEY GRUBBING PIGS!
Sputnik was one of a kind...
Sputnik was one of a kind... and I had the pleasure of working with him over the years... and partying with him and Gwen over the years as well.
He gave me a cupie doll with a mohawk and signed it back in 2001, I still have it, it sits in front of my computer screen, and that's my mirror... it's like having him here. He was staunch and stalwart and although you may not have like his approach... he did manage to get the job done... his shoes will be difficult to fill!
Gypsy
PS: The bikerrepublic is sending flowers... anybody here wishing to do the same?
In a message dated 6/27/2010 3:24:06 A.M. Eastern Daylight Time, boltusa@yahoogroups.com writes:
To those of you who may have known Sputnik, or known of him, I am sad to report that he passed away suddenly this morning.
>
> You may not have always agreed with his approach or methods, but he was a helluva fighter for bikers rights in Texas. We were proud to spend some time with him in 2005, and I'll never forget him. He served as quite an inspiration to me.
>
> RIP, Sputnik. I look in the mirror every day.and I had the pleasure of working with him over the years... and partying with him and Gwen over the years as well.
He gave me a cupie doll with a mohawk and signed it back in 2001, I still have it, it sits in front of my computer screen, and that's my mirror... it's like having him here. He was staunch and stalwart and although you may not have like his approach... he did manage to get the job done... his shoes will be difficult to fill!
Gypsy
PS: The bikerrepublic is sending flowers... anybody here wishing to do the same?
In a message dated 6/27/2010 3:24:06 A.M. Eastern Daylight Time, boltusa@yahoogroups.com writes:
To those of you who may have known Sputnik, or known of him, I am sad to report that he passed away suddenly this morning.
>
> You may not have always agreed with his approach or methods, but he was a helluva fighter for bikers rights in Texas. We were proud to spend some time with him in 2005, and I'll never forget him. He served as quite an inspiration to me.
>
> RIP, Sputnik. I look in the mirror every day.
He gave me a cupie doll with a mohawk and signed it back in 2001, I still have it, it sits in front of my computer screen, and that's my mirror... it's like having him here. He was staunch and stalwart and although you may not have like his approach... he did manage to get the job done... his shoes will be difficult to fill!
Gypsy
PS: The bikerrepublic is sending flowers... anybody here wishing to do the same?
In a message dated 6/27/2010 3:24:06 A.M. Eastern Daylight Time, boltusa@yahoogroups.com writes:
To those of you who may have known Sputnik, or known of him, I am sad to report that he passed away suddenly this morning.
>
> You may not have always agreed with his approach or methods, but he was a helluva fighter for bikers rights in Texas. We were proud to spend some time with him in 2005, and I'll never forget him. He served as quite an inspiration to me.
>
> RIP, Sputnik. I look in the mirror every day.and I had the pleasure of working with him over the years... and partying with him and Gwen over the years as well.
He gave me a cupie doll with a mohawk and signed it back in 2001, I still have it, it sits in front of my computer screen, and that's my mirror... it's like having him here. He was staunch and stalwart and although you may not have like his approach... he did manage to get the job done... his shoes will be difficult to fill!
Gypsy
PS: The bikerrepublic is sending flowers... anybody here wishing to do the same?
In a message dated 6/27/2010 3:24:06 A.M. Eastern Daylight Time, boltusa@yahoogroups.com writes:
To those of you who may have known Sputnik, or known of him, I am sad to report that he passed away suddenly this morning.
>
> You may not have always agreed with his approach or methods, but he was a helluva fighter for bikers rights in Texas. We were proud to spend some time with him in 2005, and I'll never forget him. He served as quite an inspiration to me.
>
> RIP, Sputnik. I look in the mirror every day.
Call to Action: Oppose California Exhaust Pipe Legislation SB 435
This action begins today, June 27, 2010 and lasts until tomorrow afternoon, Monday June 28, 2010.
If you call prior to Monday morning, it is expected to take just 10 minutes to leave messages of opposition to SB 435 on voicemail for all 14 members of the California Transportation Committee.
In Boston, NYC, Green Bay, and Arvada, motorcycles that do not have a readily visible EPA stamp on the exhaust pipes are ticketed for violation of a noise ordinance, with fines up to $300, even if the motorcycle is parked and not making a sound. Often, if the motorcycle manufacturer puts the EPA stamp on the exhaust pipe, they are usually not readily visible. Now, California legislators are trying to get a similar law happening across the entire state. The legislation is SB435. You can find it for yourself and check on its' status at http://www.leginfo.ca.gov/bilinfo.html . It is scheduled to be heard in the California transportation committee tomorrow. History shows us that what happens in one state or one city often spreads across the country.
A SURVEY of 76 brand new motorcycles in NYC showed that none of them complied fully with the EPA label standard which NYC uses as enforcement.
Motorcyclists do not appreciate being unfairly targeted as criminals by the state, particularly when it is for compliance with a federal manufacturers standard, beyond our control. We cannot allow any portion of SB 435 to be enacted. NO COMPROMISE. Since the EPA has been totally inept at forcing manufacturers to comply, that is no reason for state and local law enforcement to target motorcyclists for direct enforcement.
Bub is a manufacturer of exhaust pipes which is listed as supporting SB 435. They claim to sell EPA compliant pipes. Within the legislation, they admit they know the issue is compliance with EPA regulations by the manufacturers. Why would anyone knowingly want to criminalize the motorcyclists when the motorcycles being sold right off the showroom floors are not in compliance? If you have any dealings with Bub or any rebranding distributors of Bub exhaust pipes, their support for the California legislation is a slap in the face for motorcyclists and threatens motorcycling in general. They contend that "This measure is a modest and reasonable solution to the lack of enforcement of federal and California statutes." WTF? Bub thinks directly targeting individual motorcyclists is a solution for the failures of the EPA to regulate manufacturers? Bub wants LEO's to target innocent consumers?
Since the bill is to be heard in the transportation committee tomorrow, each member of the committee will have a message of opposition from me when they check their voicemail tomorrow morning. I expect it will only take me ten minutes. Please join me in doing what you can to make sure they don't penalize innocent motorcyclists. This bill might be a windfall for one particular supplier but it is bad for motorcycling, so I will also be letting Bub Enterprises know what I think of their support.
Assemblymember Fax Phone
Bonnie Lowenthal (Chair) (916) 319-2054 (916) 319-2193
Kevin Jeffries (R–Murrieta) (916) 319-2166 (916) 319-2066
Bill Berryhill (R–Stockton) (916) 319-2126 (916) 319-2026
Bob Blumenfield (D–Van Nuys) (916) 319-2140 (916) 319-2040
Joan Buchanan (D–San Ramon) (916) 319-2115 (916) 319-2015
Mike Eng (D–El Monte)* (916) 319-2149 (916) 319-2049
Warren Furutani (D-Long Beach) (916) 319-2155 (916) 319-2055
Cathleen Galgiani (D–Stockton)* (916) 319-2117 (916) 319-2017
Mary Hyashi (D-Hayward) (916) 319-2118 (916) 319-2018
Jeff Miller (R–Corona) (916) 319-2171 (916) 319-2071
Roger Niello (R–Sacramento)* (916) 319-2105 (916) 319-2005
Chris Norby (R–Brea)* (916) 319-2172 (916) 319-2072
Anthony Portantino (D–Pasadena)* (916) 319-2144 (916) 319-2044
Jose Solorio (D–Anaheim)* (916) 319-2146 (916) 319-2046
If you call prior to Monday morning, it is expected to take just 10 minutes to leave messages of opposition to SB 435 on voicemail for all 14 members of the California Transportation Committee.
In Boston, NYC, Green Bay, and Arvada, motorcycles that do not have a readily visible EPA stamp on the exhaust pipes are ticketed for violation of a noise ordinance, with fines up to $300, even if the motorcycle is parked and not making a sound. Often, if the motorcycle manufacturer puts the EPA stamp on the exhaust pipe, they are usually not readily visible. Now, California legislators are trying to get a similar law happening across the entire state. The legislation is SB435. You can find it for yourself and check on its' status at http://www.leginfo.ca.gov/bilinfo.html . It is scheduled to be heard in the California transportation committee tomorrow. History shows us that what happens in one state or one city often spreads across the country.
A SURVEY of 76 brand new motorcycles in NYC showed that none of them complied fully with the EPA label standard which NYC uses as enforcement.
Motorcyclists do not appreciate being unfairly targeted as criminals by the state, particularly when it is for compliance with a federal manufacturers standard, beyond our control. We cannot allow any portion of SB 435 to be enacted. NO COMPROMISE. Since the EPA has been totally inept at forcing manufacturers to comply, that is no reason for state and local law enforcement to target motorcyclists for direct enforcement.
Bub is a manufacturer of exhaust pipes which is listed as supporting SB 435. They claim to sell EPA compliant pipes. Within the legislation, they admit they know the issue is compliance with EPA regulations by the manufacturers. Why would anyone knowingly want to criminalize the motorcyclists when the motorcycles being sold right off the showroom floors are not in compliance? If you have any dealings with Bub or any rebranding distributors of Bub exhaust pipes, their support for the California legislation is a slap in the face for motorcyclists and threatens motorcycling in general. They contend that "This measure is a modest and reasonable solution to the lack of enforcement of federal and California statutes." WTF? Bub thinks directly targeting individual motorcyclists is a solution for the failures of the EPA to regulate manufacturers? Bub wants LEO's to target innocent consumers?
Since the bill is to be heard in the transportation committee tomorrow, each member of the committee will have a message of opposition from me when they check their voicemail tomorrow morning. I expect it will only take me ten minutes. Please join me in doing what you can to make sure they don't penalize innocent motorcyclists. This bill might be a windfall for one particular supplier but it is bad for motorcycling, so I will also be letting Bub Enterprises know what I think of their support.
Assemblymember Fax Phone
Bonnie Lowenthal (Chair) (916) 319-2054 (916) 319-2193
Kevin Jeffries (R–Murrieta) (916) 319-2166 (916) 319-2066
Bill Berryhill (R–Stockton) (916) 319-2126 (916) 319-2026
Bob Blumenfield (D–Van Nuys) (916) 319-2140 (916) 319-2040
Joan Buchanan (D–San Ramon) (916) 319-2115 (916) 319-2015
Mike Eng (D–El Monte)* (916) 319-2149 (916) 319-2049
Warren Furutani (D-Long Beach) (916) 319-2155 (916) 319-2055
Cathleen Galgiani (D–Stockton)* (916) 319-2117 (916) 319-2017
Mary Hyashi (D-Hayward) (916) 319-2118 (916) 319-2018
Jeff Miller (R–Corona) (916) 319-2171 (916) 319-2071
Roger Niello (R–Sacramento)* (916) 319-2105 (916) 319-2005
Chris Norby (R–Brea)* (916) 319-2172 (916) 319-2072
Anthony Portantino (D–Pasadena)* (916) 319-2144 (916) 319-2044
Jose Solorio (D–Anaheim)* (916) 319-2146 (916) 319-2046
Sunday, June 27, 2010
SB 435 bill analysis
OFF THE WIRE
Date of Hearing: June 28, 2010
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
SBPCA Bill Id: SB 435 (Author:Pavley) – As Amended: Ver: June 22, 2010
SENATE VOTE: Not relevant
SUBJECT: Motorcycle exhaust system federal noise labels
SUMMARY: Makes it a crime for a person to park, use, or operate a motorcycle, registered in the state that is manufactured on and after January 1, 2011, that does not have a federal U.S. Environmental Protection Agency (EPA) noise emission control label. Specifically, this bill:
1) Requires that a registered motorcycle manufactured on and after January 1, 2011, and operating within the state, have a federal U.S. EPA noise emission label.
2) Establishes that a violation of the labeling requirement is a mechanical violation and a peace officer is prohibited from stopping a motorcycle solely on a suspicion of a violation of this labeling requirement. Requires a peace officer to cite a violation of this law as a secondary infraction.
3) Requires that a person issued a notice to appear or to whom a complaint is filed, to produce a proof of correction.
4) Establishes a violation of this law as punishable by the same fine that is currently established pursuant to the equipment anti-tampering law.
EXISTING LAW:
1) Known as California's anti-tampering law, prohibits the installation, sale, offer for sale, or advertisement of any device, apparatus, or mechanism intended for use with, or as a part of, any required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system.
2) Subsequent to the purchase of a motor vehicle (including a motorcycle), establishes an exemption by the California Air Resources Board (ARB) if an alteration, modification, or modifying device, apparatus, or mechanism does either of the following:
a) Not to reduce the effectiveness of the required motor vehicle pollution control device; or,
b) To result in emissions from the modified or altered vehicle that are at levels that comply with existing state or federal standards for that model year.
3) Requires a motorcycle to have equipped at all times an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise. Prohibits a person from modifying the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of the vehicle that exceeds the noise limits or otherwise makes the motorcycle noncompliant.
4) Existing federal regulations require a motorcycle manufactured on and after January 1, 1983, and exhaust emission systems for those motorcycles, to meet specified noise emissions standards and require that a label be affixed onto the motorcycle or exhaust emission system indicating that the motorcycle or exhaust emission system meets the noise emissions standards.
FISCAL EFFECT: Unknown
COMMENTS: According to this bill's author, "federal regulations promulgated under the Noise Pollution Control Act have required, since 1983, that all motorcycles in the United States (original equipment and aftermarket replacement exhaust systems) must maintain two permanent, readily visible EPA stamps, one on the chassis of the motorcycle and one on the muffler, certifying that the equipment meets or exceeds the maximum noise levels prescribed by the federal government. Failure to comply is currently punishable under the Act, but since there is no “Federal Noise Police,” enforcement of these regulations has been lax. This bill, by requiring in the California Vehicle Code that these stamps be maintained on all motorcycles in California going forward from 2011, gives state and local law enforcement the ability to write citations for violations of the federal regulation… This is needed because current noise control statutes are rarely and unevenly applied throughout the state, and this will give law enforcement a uniform tool by which they can cite motorcycles for illegally tampering with their emissions equipment in order to increase noise. Any such citation will have a base fine of $50-$100 that can be dismissed upon proof of correction, and will be citable as a secondary infraction. Additionally, since enforcement of federal regulations against after market manufacturers has been lax over the last 25 years, this bill will be proscriptive, starting in January 2011 so as not to unfairly penalize riders who may have, through no fault of their own, purchased technically illegal equipment since 1983."
U.S. EPA regulation enforcement: In the past, the EPA coordinated all federal noise control activities through its Office of Noise Abatement and Control. However, in 1981, the Administration at that time concluded that noise issues were best handled at the state or local government level. As a result, the EPA phased out the office's funding in 1982 as part of a shift in federal noise control policy to transfer the primary responsibility of regulating noise to state and local governments. However, the Noise Control Act of 1972 and the Quiet Communities Act of 1978 were not rescinded by Congress and remain in effect today, although essentially unfunded. Accordingly, leaving enforcement up to the states and local governments without any federal financial assistance resulted in sporadic enforcement of these laws nationwide.
Availability of parts and effective date: The availability of aftermarket replacement exhaust mufflers from 1990 to 2000 and newer was difficult to determine with any amount of reliability. For the most part, it appeared that replacement equipment that is compliant with the federal noise labeling regulations, likely due to the lack of federal oversight and enforcement, was not consistently available upon questioning of workers at motorcycle part stores. Accordingly, it was determined that it would be unfair and impracticable upon owners of older year motorcycles to require older year models to operate with federally noise compliant exhaust systems. Taking a reasonable, modest, and proscriptive approach, this bill's requirements will be imposed upon motorcycles beginning with 2011 and thereafter.
Support: Writing in support of this bill and as its sponsor, the American Lung Association in California indicates that the bill "would increase enforcement of current anti-tampering and noise-level statutes for motorcycles, and ensure that motorcycles on California roads operate with approved emission control systems. Failure to properly display a label indicating compliance with federal regulations would require the operator to take the necessary action to obtain the appropriate exhaust system and label…While this bill is focused on federal noise requirements, tampering with exhaust systems has serious air quality and public health implications. The ARB has reported that the average motorcycle with a tampered exhaust system emits several times more smog-forming emissions than a non-tampered motorcycle and up to 10 times more for certain types of motorcycles and modifications."
BUB Enterprises, also in support of the bill, indicates that their company manufactures exhaust products to fit Harley Davidson as well as Metric cruiser motorcycles. They started manufacturing noise and tailpipe emission compliant systems in late 2005. The company is the first aftermarket manufacturer to receive California executive order numbers from the ARB for exhaust emission parts containing catalytic converters. They contend that "This measure is a modest and reasonable solution to the lack of enforcement of federal and California statutes."
Opposition: Writing in opposition to the bill (Note: Letter received prior to June 22, 2010 amendment), ABATE contends that the bill "is a nuisance issue, having no impact on motorcyclist or non-rider safety. It is a nuisance caused by a small minority of motorcycle riders and there are existing laws, some on the books for over 40 years, to cite and sanction operators of excessively loud motorcycles, whether from worn out or damaged exhaust systems or modified parts. Here are our opposition points:
1) Existing California Vehicle Code Sections 27150 and 27151 are already routinely used to cite motorcyclists with excessively loud mufflers.
2) Enacting the federal label matching requirements adds nothing to those laws that are already in effect. This will be a redundant, overlapping statute that does little or nothing to solve the problem.
3) The U.S. EPA noise labels on motorcycle mufflers are nothing more than a manufacturer’s self-certification warranty that the mufflers will be noise compliant for a period of one year or 3,730 miles, whichever comes first. After that, from wear or tear or damage, they may no longer be noise compliant, so that doesn’t solve the excessive noise problem. Think of them as the function that a mattress tag serves - certification that the mattress meets federal standards at point of sale. There are no restrictions against an end user, or any one else, removing them at some later date. In fact, many new motorcycles’ muffler stampings are there, but legally obscured by heat shields, covers and accessories. How can they be cited, when these labels were never primarily designed to be an enforcement tool?
4) Noise laws from all sources, like autos with noisy boom boxes or mufflers, loud house parties and construction equipment need to be enforced, not just targeting motorcycles for subjective and discriminatory prosecution.
5) Some motorcycle riders buy replacement mufflers that may, or may not, comply with the EPA noise standard because stock parts may no longer be available from the manufacturers after several years. It will be unfair to subject them to a label-matching requirement especially if they have bought their motorcycle, used, from another party that installed those parts.
6) What option does an owner have if their muffler wears out or is damaged if stock parts are no longer available from their dealer or manufacturer? This is especially critical for aftermarket catalytic converter motorcycle mufflers. There are currently few, if any, aftermarket mufflers available because ARB only passed a regulation for their certification less than a year ago.
Suggested amendment: The committee suggests that, consistent with other equipment initial violations, the bill be amended to allow a first-time offender to receive a "fix it" ticket, and not be subject to punitive monetary penalties.
REGISTERED SUPPORT / OPPOSITION:
Support
American Lung Association in California (sponsor)
Bay Area Air Quality Management District
Boston City Councilor Sal Lamattina
Breathe California
BUB Enterprises, Inc.
Los Angeles City Councilmember Bill Rosendahl
Los Angeles County
Los Angeles County Sheriff Lee Baca
NoiseOff.org
Noise Pollution Clearinghouse
Sacramento Metropolitan Air Quality Management District
San Joaquin Valley Air Pollution Control District
Town of Windsor
West Hollywood
Letters from two individuals
Opposition
ABATE - American Brotherhood Aimed Towards Education – A Union of Motorcyclists
ABATE Local 1
B & B Cycles
Barger Harley-Davidson
Bellflower Motorsports Employees
Beaumont Motorcycles & Watercraft
California Motorcycle Dealers Association
Cucamonga Yamaha
Harley-Davidson San Jose
LeBard & Underwood, Inc.
Livermore Harley-Davidson
Michael's Harley-Davidson, Inc.
Mountain Motorsports
Northern California Harley-Davidson Dealer's Association
Southern California Harley-Davidson Motorcycle Dealers Association
Petition signatures of individuals 36,661 (received prior to June 22, 2010 amendments)
Numerous letters (over 90 individuals received prior to June 22, 2010 amendments)
Analysis Prepared by: Ed Imai / TRANS. / (916) 319-2093
Date of Hearing: June 28, 2010
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
SBPCA Bill Id: SB 435 (Author:Pavley) – As Amended: Ver: June 22, 2010
SENATE VOTE: Not relevant
SUBJECT: Motorcycle exhaust system federal noise labels
SUMMARY: Makes it a crime for a person to park, use, or operate a motorcycle, registered in the state that is manufactured on and after January 1, 2011, that does not have a federal U.S. Environmental Protection Agency (EPA) noise emission control label. Specifically, this bill:
1) Requires that a registered motorcycle manufactured on and after January 1, 2011, and operating within the state, have a federal U.S. EPA noise emission label.
2) Establishes that a violation of the labeling requirement is a mechanical violation and a peace officer is prohibited from stopping a motorcycle solely on a suspicion of a violation of this labeling requirement. Requires a peace officer to cite a violation of this law as a secondary infraction.
3) Requires that a person issued a notice to appear or to whom a complaint is filed, to produce a proof of correction.
4) Establishes a violation of this law as punishable by the same fine that is currently established pursuant to the equipment anti-tampering law.
EXISTING LAW:
1) Known as California's anti-tampering law, prohibits the installation, sale, offer for sale, or advertisement of any device, apparatus, or mechanism intended for use with, or as a part of, any required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system.
2) Subsequent to the purchase of a motor vehicle (including a motorcycle), establishes an exemption by the California Air Resources Board (ARB) if an alteration, modification, or modifying device, apparatus, or mechanism does either of the following:
a) Not to reduce the effectiveness of the required motor vehicle pollution control device; or,
b) To result in emissions from the modified or altered vehicle that are at levels that comply with existing state or federal standards for that model year.
3) Requires a motorcycle to have equipped at all times an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise. Prohibits a person from modifying the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of the vehicle that exceeds the noise limits or otherwise makes the motorcycle noncompliant.
4) Existing federal regulations require a motorcycle manufactured on and after January 1, 1983, and exhaust emission systems for those motorcycles, to meet specified noise emissions standards and require that a label be affixed onto the motorcycle or exhaust emission system indicating that the motorcycle or exhaust emission system meets the noise emissions standards.
FISCAL EFFECT: Unknown
COMMENTS: According to this bill's author, "federal regulations promulgated under the Noise Pollution Control Act have required, since 1983, that all motorcycles in the United States (original equipment and aftermarket replacement exhaust systems) must maintain two permanent, readily visible EPA stamps, one on the chassis of the motorcycle and one on the muffler, certifying that the equipment meets or exceeds the maximum noise levels prescribed by the federal government. Failure to comply is currently punishable under the Act, but since there is no “Federal Noise Police,” enforcement of these regulations has been lax. This bill, by requiring in the California Vehicle Code that these stamps be maintained on all motorcycles in California going forward from 2011, gives state and local law enforcement the ability to write citations for violations of the federal regulation… This is needed because current noise control statutes are rarely and unevenly applied throughout the state, and this will give law enforcement a uniform tool by which they can cite motorcycles for illegally tampering with their emissions equipment in order to increase noise. Any such citation will have a base fine of $50-$100 that can be dismissed upon proof of correction, and will be citable as a secondary infraction. Additionally, since enforcement of federal regulations against after market manufacturers has been lax over the last 25 years, this bill will be proscriptive, starting in January 2011 so as not to unfairly penalize riders who may have, through no fault of their own, purchased technically illegal equipment since 1983."
U.S. EPA regulation enforcement: In the past, the EPA coordinated all federal noise control activities through its Office of Noise Abatement and Control. However, in 1981, the Administration at that time concluded that noise issues were best handled at the state or local government level. As a result, the EPA phased out the office's funding in 1982 as part of a shift in federal noise control policy to transfer the primary responsibility of regulating noise to state and local governments. However, the Noise Control Act of 1972 and the Quiet Communities Act of 1978 were not rescinded by Congress and remain in effect today, although essentially unfunded. Accordingly, leaving enforcement up to the states and local governments without any federal financial assistance resulted in sporadic enforcement of these laws nationwide.
Availability of parts and effective date: The availability of aftermarket replacement exhaust mufflers from 1990 to 2000 and newer was difficult to determine with any amount of reliability. For the most part, it appeared that replacement equipment that is compliant with the federal noise labeling regulations, likely due to the lack of federal oversight and enforcement, was not consistently available upon questioning of workers at motorcycle part stores. Accordingly, it was determined that it would be unfair and impracticable upon owners of older year motorcycles to require older year models to operate with federally noise compliant exhaust systems. Taking a reasonable, modest, and proscriptive approach, this bill's requirements will be imposed upon motorcycles beginning with 2011 and thereafter.
Support: Writing in support of this bill and as its sponsor, the American Lung Association in California indicates that the bill "would increase enforcement of current anti-tampering and noise-level statutes for motorcycles, and ensure that motorcycles on California roads operate with approved emission control systems. Failure to properly display a label indicating compliance with federal regulations would require the operator to take the necessary action to obtain the appropriate exhaust system and label…While this bill is focused on federal noise requirements, tampering with exhaust systems has serious air quality and public health implications. The ARB has reported that the average motorcycle with a tampered exhaust system emits several times more smog-forming emissions than a non-tampered motorcycle and up to 10 times more for certain types of motorcycles and modifications."
BUB Enterprises, also in support of the bill, indicates that their company manufactures exhaust products to fit Harley Davidson as well as Metric cruiser motorcycles. They started manufacturing noise and tailpipe emission compliant systems in late 2005. The company is the first aftermarket manufacturer to receive California executive order numbers from the ARB for exhaust emission parts containing catalytic converters. They contend that "This measure is a modest and reasonable solution to the lack of enforcement of federal and California statutes."
Opposition: Writing in opposition to the bill (Note: Letter received prior to June 22, 2010 amendment), ABATE contends that the bill "is a nuisance issue, having no impact on motorcyclist or non-rider safety. It is a nuisance caused by a small minority of motorcycle riders and there are existing laws, some on the books for over 40 years, to cite and sanction operators of excessively loud motorcycles, whether from worn out or damaged exhaust systems or modified parts. Here are our opposition points:
1) Existing California Vehicle Code Sections 27150 and 27151 are already routinely used to cite motorcyclists with excessively loud mufflers.
2) Enacting the federal label matching requirements adds nothing to those laws that are already in effect. This will be a redundant, overlapping statute that does little or nothing to solve the problem.
3) The U.S. EPA noise labels on motorcycle mufflers are nothing more than a manufacturer’s self-certification warranty that the mufflers will be noise compliant for a period of one year or 3,730 miles, whichever comes first. After that, from wear or tear or damage, they may no longer be noise compliant, so that doesn’t solve the excessive noise problem. Think of them as the function that a mattress tag serves - certification that the mattress meets federal standards at point of sale. There are no restrictions against an end user, or any one else, removing them at some later date. In fact, many new motorcycles’ muffler stampings are there, but legally obscured by heat shields, covers and accessories. How can they be cited, when these labels were never primarily designed to be an enforcement tool?
4) Noise laws from all sources, like autos with noisy boom boxes or mufflers, loud house parties and construction equipment need to be enforced, not just targeting motorcycles for subjective and discriminatory prosecution.
5) Some motorcycle riders buy replacement mufflers that may, or may not, comply with the EPA noise standard because stock parts may no longer be available from the manufacturers after several years. It will be unfair to subject them to a label-matching requirement especially if they have bought their motorcycle, used, from another party that installed those parts.
6) What option does an owner have if their muffler wears out or is damaged if stock parts are no longer available from their dealer or manufacturer? This is especially critical for aftermarket catalytic converter motorcycle mufflers. There are currently few, if any, aftermarket mufflers available because ARB only passed a regulation for their certification less than a year ago.
Suggested amendment: The committee suggests that, consistent with other equipment initial violations, the bill be amended to allow a first-time offender to receive a "fix it" ticket, and not be subject to punitive monetary penalties.
REGISTERED SUPPORT / OPPOSITION:
Support
American Lung Association in California (sponsor)
Bay Area Air Quality Management District
Boston City Councilor Sal Lamattina
Breathe California
BUB Enterprises, Inc.
Los Angeles City Councilmember Bill Rosendahl
Los Angeles County
Los Angeles County Sheriff Lee Baca
NoiseOff.org
Noise Pollution Clearinghouse
Sacramento Metropolitan Air Quality Management District
San Joaquin Valley Air Pollution Control District
Town of Windsor
West Hollywood
Letters from two individuals
Opposition
ABATE - American Brotherhood Aimed Towards Education – A Union of Motorcyclists
ABATE Local 1
B & B Cycles
Barger Harley-Davidson
Bellflower Motorsports Employees
Beaumont Motorcycles & Watercraft
California Motorcycle Dealers Association
Cucamonga Yamaha
Harley-Davidson San Jose
LeBard & Underwood, Inc.
Livermore Harley-Davidson
Michael's Harley-Davidson, Inc.
Mountain Motorsports
Northern California Harley-Davidson Dealer's Association
Southern California Harley-Davidson Motorcycle Dealers Association
Petition signatures of individuals 36,661 (received prior to June 22, 2010 amendments)
Numerous letters (over 90 individuals received prior to June 22, 2010 amendments)
Analysis Prepared by: Ed Imai / TRANS. / (916) 319-2093
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