enator Ted Gaines,
I,
along with several other attorneys, represent a consortium of over
15,000 motorcyclists in California and Nevada. As a civil rights
attorney, it is very disturbing to see Senator Beal sponsoring
legislation to restrict our freedoms (e.g. SENATE BILL No. 350). I
personally commute to work every day on a motorcycle for three reasons:
1) riding a motorcycle is the most environmental friendly form of
transportation, 2) I can get to court no matter what the traffic
situation is in the Bay Area when a citizen is being unlawfully detained
by government, and 3) in stopped or congested traffic, placing my motorcycle between the cars is the safest place for a motorcyclist with all the inattentive drivers using cell phones which result in rear end collisions – something that is a severe road hazard to motorcyclists.
There
is no stated purpose for this legislation. This legislation puts
motorcyclists at risk of severe injury or death by taking away their
ability to proactively protect themselves in heavy traffic situations. Most
likely, what prompted this proposed law, was an inexperienced rider
doing something stupid. The actions of a single rider should not affect
the safety of riders with over 30 years’ experience and who have never
been involved in an accident while traveling between traffic. Again,
this is no different that holding all gun owners accountable for the
actions of less than .01% of the population.
I
can assure you with over 35 years of riding highways in the United
States (especially California) and Europe (1980-1982 while active duty
in the military), a motorcyclist traveling between two vehicles or on
the side of a vehicle is the safest place to be in traffic congestion.
This bill will limit the safety I, and many others, have enjoyed for the
last 50 years. Please email me the data Senator Beal has relied upon
supporting this legislation. His office told me I have to go through
you to obtain the information. There should be a floor debate on this
issue as to the impetus restricting our freedoms and our right to choose
the safest course of action in traffic. This reminds me of the Gary
Busey helmet law fiasco – which said helmet law has had a de minimis effect on injuries to motorcyclist).
In
addition, if anything, the only legislation that should be passed is
elevating the current “privilege” to operate a motor vehicle (i.e.
obtain a license) to a “fundamental right” to drive and operate a
vehicle on the highway.
I can assist your office in preparing for the floor debate on this and many other issues.
Thank you for your time.
Gary W. Gorski
Attorney at Law
1207 Front Street, Suite 22
Sacramento, CA 95814
