OFF THE WIRE
RALLY RESCINDS DISCRIMINATORY NO-COLORS POLICY
Following a “Call to Action” issued by the U.S. Defenders, a politically active arm of the Confederation of Clubs, a major motorcycle rally in the red hills of Oklahoma has rescinded a “No Colors” policy that would have prohibited entry to anyone wearing a patch, including HOG, ABATE and any club.
The Hawg Lakes Motorcycle Rally published a no colors policy on their fliers, ads and website that quickly stirred an uproar across the country, due largely to an e-mail “Call to Action” conducted by the U.S. Defenders and the Oklahoma Confederation of Clubs.
Brook "Xman" Bullock, State Secretary of ABATE of Oklahoma and Oklahoma Defender Rep, sent out a nationwide call to action to "Please take your money and support to BIKER FRIENDLY rallies and events, not 2010 Hawg Lakes. Pass the Word." According to the e-mail; “2R" (ABATE of Oklahoma State Coordinator) personally talked on the phone with Hawg Lakes and “the guy in charge said he was absolutely unwilling to change his policy. ABATE, HOG, BACA, and not any Club, no colors of any kind will be allowed.”
Mark "Bus" Buskirk, Oklahoma Commander, U.S. Defenders wrote "Hawg Lakes Rally on July 29th will not allow you to wear your club colors on their property. So we the motorcycling community need to not go. They are stomping on our rights of freedom of speech."
Within days, the Call to Action was called off when Tiger Mike Revere, ABATE of Oklahoma Liaison to the OK Confederation of Clubs and member of the National Coalition of Motorcyclists board of directors, reported that; “The Hawg Lakes event has RESCINDED its No-Colors Ban -- Score one for our side!!”
MYRTLE BEACH SUED AGAIN OVER NOISE LAW
As Myrtle Beach prepares to adjust some of the 14 ordinances passed in 2008 to quell the May motorcycle rallies, including their city-wide helmet law and four other ordinances being invalidated by the state’s high court, it faces yet another legal challenge that could require even more changes.
Some residents and other motorcycle enthusiasts are suing the city again, this time hoping the Horry County Circuit Court will overturn the city's noise ordinance.
Under the final version of the noise ordinance amendment, which gained final approval in March 2009, no vehicles except emergency vehicles can be louder than 89 decibels when measured from 20 inches away from the exhaust pipe, at a 45-degree angle, while the vehicle is idling. Bikers also must have an EPA issued sticker that state their bike meets federal noise reduction laws according to the municipal ordinance, but not South Carolina state law.
On June 15th, Virginia-based Aid to Injured Motorcyclists (A.I.M.) attorney Tom McGrath filed suit in Horry County Circuit Court on behalf of local motel owner William O’Day, Horry County ABATE, and others who feel the city overstepped their authority in enacting muffler regulations that conflict with existing state law.
McGrath's challenge to the city's helmet ordinance prevailed in the S.C. Supreme Court, with all five justices unanimously agreeing that the state has already covered the issue of who has to wear motorcycle helmets and that the city could not make its own rules because there must be a uniform traffic code.
The noise ordinance wasn't included in the case the high court recently ruled on, he said, because the focus was on the helmet law. "They were issuing tickets left and right [under the helmet law]," he said. "No one we know had gotten a ticket under the noise ordinance. It's still sitting there, and the city has bought decibel meters, so we assume they are planning to use them. We felt we shouldn't let the ordinance stay on the books."
McGrath said he felt it best to give the Circuit Court the first chance to make the decision in this case. "Let's see if the judge will follow the Supreme Court's opinion," he told the Sun News.
Meanwhile, the city of Myrtle Beach has mailed out refunds to those who paid fines when they received tickets for not wearing motorcycle helmets. The city repaid nearly $14,000 in fines for 141 tickets it issued when the improper helmet law was in effect.
MICHIGAN’S REJEUVENATED HELMET LAW REPEAL EFFORTS
HB 4747 to repeal the helmet law was passed by the Michigan House of Representatives in March, and now awaits action in the Senate. Even though similar legislation has been approved by the state legislature the past two sessions, only to be vetoed by outgoing Governor Jennifer Granholm (D) both times, two out of the three gubernatorial contenders to replace her support giving adult motorcyclists freedom of choice.
Herb Rials who lobbies for ABATE of Michigan claims to have the support of every candidate for governor minus one, he told FOX News in Detroit.
According to the legislative analysis of HB 4747, proponents of voiding the 40-year old helmet law argue it is a civil rights issue. "Wearing a helmet, or not wearing one, they say, should be a matter of personal choice and not a legal mandate." Supporters of repeal legislation, which includes ABATE, the Michigan Confederation of Clubs and both Democratic gubernatorial hopefuls, also argue that removing the helmet requirement would increase motorcycle traffic in Michigan and thereby stimulate the state's sagging economy.
“Our outdated helmet law is a barrier to motorcycle tourism,” argues ABATE’s Jim Rhoades. “Michigan is the only Great Lakes state with a mandatory helmet law. Surveys repeatedly show that an overwhelming majority of motorcyclists in neighboring states refuse to visit Michigan because of this law.”
According to a study done by Michigan Consultants in Lansing, Michigan is losing millions of tourism dollars and approximately $1.2 billion in overall economic benefit because of this law.
So if the House and Senate vote next year to kill the helmet law as they have in years past, there’s a good chance that a governor's signature, not a veto, will be attached to the measure.
CONGRESSIONAL RESOLUTION REINFORCES NHTSA LOBBYING BAN
In response to statements made by NHTSA Administrator David Strickland that the core component of the federal agency’s motorcycle safety plan is to increase helmet use, five members of Congress have introduced a resolution urging the National Highway Traffic Safety Administration (NHTSA) to concentrate on motorcycle crash prevention and rider education instead of lobbying state legislators to enact mandatory helmet laws.
Introduced on July 1st by U.S. Rep. Jim Sensenbrenner (R-WI), H. Res 1498 "supports efforts to retain the ban on the National Highway Traffic Safety Administration's ability to lobby state legislatures using federal tax dollars and urging NHTSA to focus on crash prevention and rider education".
Since 1996, NHTSA has been prohibited by federal law from testifying before state legislatures in support of helmet laws unless specifically invited to do so, and H. Res 1498 reinforces Congressional intent.
COULD A HELMET BE BAD FOR A BIKER’S HEALTH?
Most countries around the world require motorcyclists to wear a crash helmet for their own safety, but could it actually be harming their health and affecting their riding? That is what academics are investigating in a new research project.
A team of Bath University researchers will take on-road measurements to find how noise is transmitted from a helmet and how it affects the riders hearing and ability to concentrate.
Dr. Michael Carley of the university’s Department of Mechanical Engineering said: "The noise inside the helmet at the legal speed of 70 mph is higher than the legal limit for noise at work - more than enough to cause serious hearing damage. The issue isn't noisy engines or loud exhausts as you may think. The noise is simply from the airflow over the helmet.
"Ear plugs won't help much either as the noise is transferred into the inner ear from the rider's bones. This has been known for 20 years yet little research has been done on the noise and its effects."
The laboratory study will be split into two parts; the first will examine how noise is transmitted through the whole system of the helmet including the head. The second part will determine if noise reduces performance.
Dr. Nigel Holt from the Department of Psychology at Bath Spa University said: "It is known that noise can affect perception and cognition but, so far, nobody has tried to examine how noise in motorcycling affects the performance of riders."
Riding a motorcycle requires great attention and concentration; anything that reduces performance may lead to more accidents.
Dr. Holt added: "This isn't about putting people off riding or wearing helmets; it's about finding ways to reduce this damage so that riders can have a better riding experience. We hope the research will provide information which can be used in setting standards for helmets and to help improve helmet and motorcycle design."
AUSTRALIAN POLICE SEEK TO DISMANTLE OUTLAW CLUBS
As police in New South Wales move to have the Supreme Court declare the Hells Angels MC a “criminal organization” and subject to new laws that would dismantle the club and disallow members from ever associating with one another, representatives of the United Motorcycle Council met in Sydney recently to discuss their response and warn others that the same state law could be used against other clubs and groups in society.
Authorities announced in early July that the "Hells Angels MC in NSW" would be the first target of the Crimes (Criminal Organizations Control) Act 2009, passed by State Parliament in April last year, which allows the court to declare criminal organizations and control members under orders determined by the court.
The UMC, comprised of 17 motorcycle clubs -- from rival “bikie gangs” to religious and family clubs – is raising funds in anticipation of a legal challenge to the ban. Mark "Ferret" Maroney, UMC chairman and member of the Vietnam Veterans MC, said; "These laws are unjust, they're unnecessary and they go against the rule of law...where people are being discriminated against by the clothes they wear and their lifestyle."
Similar legislation in South Australia has been ruled illegal, but is subject to a High Court appeal
