OFF THE WIRE
New York Freedom Riders New York Legislation and news -7/30/10
NEW YORK LEGISLATION UPDATES:
Helmet, Motorcycle, Gang, Rights: no updates
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UPDATES
California:
This is the MOST RECENT version of SB435.
27202.1 Section (d) (1) is where the "aftermarket exhaust manufactured
on or after January 1, 2011" will reside if the bill passes.
I have yet to see ANY "real" effort to de-rail this bill before it hits
the Appropriations Committee on Monday, August 4th.
Hint hint
Secondary Offense - meaning...they gotta pull you over for something
other than "loud pipes" to give you a ticket.
Correctable, "Fix-It" ticket with penalty dismissed for 1st offense with
proof of correction.
Should appear in Division 12 - Equipment, of the Vehicle Code. meaning,
it should NOT have "Points" attached to it...but I'm not totally clear
on that, yet...High Handlebars still have a point attached. (something
we need to address, one day)
1st Conviction - No less than $50 fine, no more than $100 fine.
2nd & Subsequent Convictions - No less than $100 fine, no more than $250
fine.
~ splatt
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27202.1 is added to the Vehicle Code, to read:
27202.1. (a) Notwithstanding any other law, a person shall not
park, use, or operate a motorcycle, registered in the State of
California, that does not bear the required applicable federal
Environmental Protection Agency exhaust system label pursuant to
Subparts D (commencing with Section 205.150) and E (commencing with
Section 205.164) of Part 205 of Title 40 of the Code of Federal
Regulations. A violation of this section shall be considered a
mechanical violation and a peace officer shall not stop a motorcycle
solely on a suspicion of a violation of this section. A peace officer
shall cite a violation of this section as a secondary infraction.
(b) A violation of this section is punishable as follows:
(1) For a first conviction, by a fine of not less than fifty
dollars ($50), nor more than one hundred dollars ($100).
(2) For a second or subsequent conviction, by a fine of not less
than one hundred dollars ($100), nor more than two hundred fifty
dollars ($250).
(c) (1) The notice to appear issued or
complaint filed for a violation of this section shall require that
the person to whom the notice to appear is issued, or against whom
the complaint is filed, produce proof of correction pursuant to
Section 40150.
(2) Upon producing proof of correction to the satisfaction of the
court, the court may dismiss the penalty imposed pursuant to
subdivision (b) for a first violation of this section.
(d) (1) This section is applicable to a person operating a
motorcycle that is manufactured on or after January 1, 2011, or a
motorcycle with aftermarket exhaust system equipment that is
manufactured on or after January 1, 2011.
(2) Penalties imposed pursuant to this section are in addition to
penalties imposed pursuant to any other applicable laws or
regulations.
(3) This section does not supersede, negate, or otherwise alter
any other applicable laws or regulations.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
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Delaware
ABATE of Delaware/State Legislative Coordinator- GARY HILDERBRAND:
http://abateofde.com/welcome_page.htm
I have received some complaints that the State cops have been pulling
bikers over and checking them for helmets and looking for the DOT
sticker on the helmet, 1 inch lining in the helmets, and looking for
FMVSS 218 compliance.
This is total bullshit and I fired off the letter below.
This is the same crap that is starting to happen in other states across
the country.
NTHSA offered a $350,000 grant and I know Delaware went after it so this
just might be the residual effects.
Right along with this stuff are the EPA pipe labeling to stop motorcycle
noise.
It is coming brothers and sisters.
Another attempt by Senator Chaffe from Rhode Island wants to bring back
the black mail money where you don't have a mandatory helmet law you
don't get federal highway tax dollars.
We and the members can sit on our asses and do nothing or we can become
a bikers rights organization like we are suppose to be.
I am also waiting for a response to my last e-mail.
Are we going to keep on letting others use us and then ignore us or are
we going to become what ABATE was intended to be?
It is right now, right here, or in a few years there isn't going to be
any right now.
-Hildy
July 26, 2010
Colonel Robert M. Coupe
Superintendent
Delaware state Police
1441 N. DuPont Highway
PO Box 430
Dover, Delaware 19903-0430
Dear Colonel Coupe,
I am writing to you as the Legislative Coordinator for ABATE of
Delaware, Inc.
It has recently been brought to my attention that Officer's of the
Delaware State Police have been stopping motorcyclists in Delaware and
inspecting their motorcycle helmets to ensure that the helmets have a
DOT sticker or emblem on them, have at least 1 inch of padding inside
the interior of the helmet, and that the helmet meets the Federal Motor
Vehicle Safety Standard 218 (FMVSS218).
Under Delaware Code Title 21 Sub Chapter XI Section 4185(b) "Every
person operating or riding on a motorcycle shall have in that person's
possession a safety helmet approved by the Secretary of Safety and
Homeland Security (hereinafter "Secretary") through the Office of
Highway Safety and shall wear eye protection approved by the Secretary;
provided, however, that every person up to 19 years of age operating or
riding on a motorcycle shall wear a safety helmet and eye protection
approved by the Secretary."
This has been the law of Delaware since the helmet law modification in
May of 1978 and to my knowledge the Secretary has never approved any
type of helmet or eye protection.
If I am incorrect in this please provide me the approved helmet or list
of helmets and eyewear.
Additionally I believe the entire motorcycling public should be made
aware of this approval.
Next I would like to inform you that FMVSS218 is an engineering safety
standard that manufacturing companies of motorcycle helmets need to
comply with in order to be able to sell their products on the open
markets.
The National Highway Safety Administration does not test these products
to ensure compliance but publishes a safety standard for the
manufacturing industry to police their own products for safety.
Thus there is no such animal as a helmet being DOT certified or DOT
approved.
Additionally there is nothing under federal or state law that prohibits
a consumer from removing or painting over the DOT sticker or emblem
should a helmet come with a DOT sticker or emblem.
I would like to know what type of educational courses your State Police
Officers are required to take that would qualify them to determine
whether a helmet on any motorcycle or motorcyclist's head complies with
FMVSS218.
I have a degree in civil engineering and I cannot make such a
determination unless I put the crash device through its paces as
required by the safety standard.
So I doubt any police officer can make such a determination at a roadway
stop.
Please correct me if I'm wrong I'd love to hear your reasoning.
If your police department continues to stop and harass motorcyclists in
this arbitrary manner ABATE will begin a statewide education process
where every time a motorcyclists is pulled for the reasons mentioned
above the police officer(s) will be asked for their badge number and
name.
Internal affairs action and court action will be initiated citing
violations of the 4th Amendment among other issues depending on the
actions of the officers.
We will also be recording as many of these unnecessary pullovers as
possible, both audio and video.
Just because we ride motorcycles, wear patches or not, and live a
different life style than others does not require us to vacate the same
constitutional rights that governs this country of ours.
I am hopeful that this letter resolves the issue but I respectfully
wanted you as the Superintendent to understand how serious I feel about
what is occurring.
I look forward to responses to my question and an end to your officer's
arbitrary practices.
Respectfully,
Gary K. Hilderbrand
Cc: Senator Bruce Ennis
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Maine:
http://www.onlinesentinel.com/news/b...010-07-26.html
Bikers vow to challenge tickets
Police end grace period over weekend
Posted: July 27
Updated: Today at 10:09 AM
By Leslie Bridgers
Staff writer
WATERVILLE -- Police put local motorcyclists on alert this weekend,
after handing out 13 tickets for loud exhaust pipes.
Bikers say they're outraged by the crackdown and plan on fighting their
tickets, as well as the law that targets exhaust noise.
Changes to that law went into effect July 12, making it illegal to drive
a car or motorcycle with an exhaust system that's modified to be louder.
Waterville Police Chief Joseph Massey said last month that for two weeks
after the law went into effect, his department would issue warnings for
violations. That grace period ended Friday.
During the weekend, Massey said Monday, police issued summonses to 11
motorcyclists and two car drivers. The fine is $137.
Gordon Austin, who was one of the people to get ticketed, said the group
of Harley-Davidson owners he hangs out with are collecting signatures
for a petition to change the law.
"Everyone's just ripping, roaring mad," he said.
Austin lives in Canaan. Most days, he rides his motorcycle down to
Waterville and hangs out by the Dunkin Donuts on College Avenue, where
his friends get together in the late afternoon.
He used go for rides around town before meeting up with his friends, but
now, once he crosses the Waterville border, he's staying put.
"I'm afraid to move," he said.
David Lefebvre, who owns The Starting Line Speed and Custom on College
Avenue, said the changes to the law effectively make it illegal to
upgrade a motorcycle's exhaust system, because replacement mufflers are
all louder than the ones that come on the bikes.
Lefebvre said there's nothing in the law that says how loud is too loud,
which puts inspectors like him in a precarious position, because they're
only supposed to give out inspection stickers if bikes are in compliance
with noise regulations.
"It's our word against the officer's word," Lefebvre said. "I think they
need to give us some language that's more definitive."
Massey said he's heard the criticism that determining what's too loud
shouldn't be at an officer's discretion. There are many laws in which
police have to make a call about whether to hand out a ticket based on
their common sense, he said.
But if a bike with an inspection sticker from Lefebvre's shop gets
ticketed for excessive noise, his license is on the line, Lefebvre said.
And there's no hard evidence that can show whether the officer or the
inspector made the right determination.
"My mechanics are scared to put stickers on," he said.
Austin said he and his friends know people who ride motorcycles all
around the state, and there's no other police department that's
enforcing the new law to the extent that Waterville is.
York County sheriff's deputies set up a checkpoint on Route 1 in Arundel
on Sunday, stopping 116 motorcycles to make sure the bikes were
inspected and that the riders were aware of the changes to the law. They
issued 21 tickets for motorcycles that hadn't been inspected or weren't
legally registered.
Although Austin has changed his habits to ride in Waterville as little
as possible, he said he's not about to downgrade his exhaust system
because of the new law. He said it cost him $2,000 to replace his pipes,
and it would cost just as much to change back.
"I'll pay my ticket if I have to," he said.
Lefebvre said the original exhausts for some older bikes aren't made
anymore, so their owners couldn't change back if they wanted to.
Massey said he thinks some motorcyclists already have altered their
riding and driving habits in light of the new law, because he's noticed
less noise coming from exhaust pipes since it went into effect.
"It seems a lot of people are voluntarily complying with the law, and
that's what we want," he said.
Massey also said he's gotten positive feedback from people who had been
disturbed by excessive exhaust noise while they were sleeping, gardening
or sitting on their porches.
"It's a quality of life issue," he said.
Leslie Bridgers -- 861-9252
lbridgers@centralmaine.com
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