North Carolina - 2011 Legislative Proposals and Bills

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Sent by Jan
2011 Legislative Proposals and Bills


It is that time of year, when motorcycle-related legislative proposals are being introduced across the many states. If you have asked legislators to introduce legislation in your state, please log in and tell us what you have asked for. If someone else has asked for a legislative proposal and you know about it, please mention that, also. If the proposal has become a bill, please tell us the link to it.

NC 2011 Legislative Proposals and Bills

To my knowledge, there are two motorcycle-related legislative proposals which have not yet become bills. I proposed them through my "representatives" in both chambers of the NC General Assembly. One of the proposals calls for a full repeal of the mandatory helmet statute. The wording of the text is very simple.

§ 20‑140.4. Repealed by Session Laws 2011.

That's it! That's all that is needed. There is no need to complicate this by asking for unwanted compromises.

The other proposal, in the event that repeal of the mandatory helmet statute does not get introduced or is not enacted, would make suspected violation of the mandatory helmet statute a secondary offense. This would eliminate the use of suspected helmet law violations as a reason for a stop, and would only allow helmet tickets to be issued if there are other charges.

As of February 21, 2011, in North Carolina, there have only been 3 legislative bills referencing the word motorcycle so far.

H113 - Motorcycle Safety Act
http://ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2011&BillID=
My Summary Opinion: Personally, I do not support H113. I'm not nuts about any legislation that creates more revenue for state government when it is the individuals who are the victims of bad driving. This bill opens the door further to creating inequity between motorcycles and other vehicles. If ANY vehicle is forced out of their lane or forced off the road by a negligent motorist, that's the bad behavior that needs to be dealt with, regardless of what kind of vehicle the victims are in or on. It has long been my contention that when you ask for special treatment, and beg the legislators to address motorcycle safety, it encourages them to create additional regulatory legislation, singling out motorcyclists. I do not like preferential treatment. As the bill currently stands, I'm not excited about this bill, one way or the other. I suggest we maintain a vigil on it to see what future editions and amendments might be added. Always be on the lookout for legislators to sneak something else in.

H63 - Firearm in Locked Motor Vehicle/Parking Lot.
http://ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2011&BillID=H63
My summary opinion: This is a bill for gunowners to be interested in. It is not really a motorcycle-related bill since it calls for equal application regardless of vehicle. Since so many individuals in the biker rights movement support gunowners rights, it appears to be a good bill for you to support. The intent of this section to reinforce and protect the right of each citizen lawfully to transport and store firearms within his or her vehicle for lawful purposes in any place the vehicle is otherwise permitted to be and whenever this would not contravene existing federal or State law or regulation."

H105 - Motorcycle Awareness Month
http://ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2011&BillID=.
My Summary Opinion: This is the typical annual bill that really does nothing to make motorists aware. It results in proclamations being read. Yada yada. It usually passes. It is nothing to get uptight about or break into cheers about either. Take two pieces of bread, and put this in between, with your choice of condiments and you have a bologna sandwich.

If you find out about other NC legislative proposals, or see motorcycle related bills introduced, please reply to this thread.

jan