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Thursday, September 26, 2013

New Nevada Law Lets Motorcycles Go on Red

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http://www.kolotv.com/home/headlines/New-Nevada-Law-Lets-Motorcycles-Go-on-Red-224951862.html
New Nevada Law Lets Motorcycles Go on Red
By: Joe Harrington -
Bikers Running Red Lights Click here to find out more! RENO -- Under a new law, motorcyclists will be allowed to go through red lights. Starting October 1, if a motorcyclist comes to a red light at a signal that doesn't seem to be working or has failed to detect the motorcycle, the rider will be allowed to go through. Assembly bill 117 enables motorcyclists, moped, trimobile and bike riders to go through red lights after waiting for two rounds of the signal without getting a green light.
The Nevada Highway Patrol said signals use sensors to detect metal, which may make it more difficult to detect motorcycles than vehicles.
The new law still requires motorcycles to stop at a light, and only proceed through a red if it's safe.
"Striker," a motorcycle rider, said there has been some confusion among inexperienced riders about what to do when a signal malfunctions.
"They end up making a right hand turn across two or three lanes because they don't know what to do," he said.
Nevada has launched a web site to educate people on the new law.

MASSACHUSETTS -

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Lawmakers hear arguments for, against motorcycle helmets

By Frankie Barbato/Daily News Correspondent The MetroWest Daily News Posted Sep 25, 2013 @ 12:01 AM

BOSTON — Even though he was injured in a motorcycle accident, Rick Gleason thinks that Massachusetts motorcyclists should have a choice about wearing a helmet.
Gleason, who started riding motorcycles behind his father at age 5, testified Tuesday on behalf of the Massachusetts Motorcycle Association in support of legislation that would lift the state's requirement that all motorcyclists wear helmets.
"The bills in no way direct you to not wear a helmet, they just give you a choice," he said.
The Legislature’s Joint Committee on Transportation is considering two separate bills that would make helmet use optional. One, filed, by state Rep. Marc Lombardo, D-Billerica, would require riders and passengers under the age of 18 to wear a helmet; the other submitted by state Rep. Anne Gobi, D-Spencer, would set mandatory helmet use under the age of 21. Both lawmakers filed their bills at the request of constituents.
Gleason said the choice of to wear a helmet goes beyond issues of personal safety, noting that the state could be losing revenue from motorcyclists who often choose to ride their motorcycles in states other than Massachusetts that don’t require helmets.
Instead of driving a motorcycle to vacation on Cape Cod, for example, he argued that motorcyclists now ride to places such as New Hampshire that do not mandate helmets.
Massachusetts has required helmets for both drivers and passengers of any age since 1998. There are about 400,000 registered motorcycles in the state.
Testifying against the proposal, Thomas Higbee, a former police officer from Florida, spoke to his own experience riding motorcycles.
"(Without a helmet) you’re unprotected whether you are an adult or a kid," he said.
Higbee, now of Medfield, suffered a traumatic brain injury in 1993 while wearing a helmet and only riding 29 mph on his motorcycle. As a result, the 51-year-old now suffers from memory loss. Speaking haltingly, he said when his head first hit the pavement, his helmet cracked open and could not protect him from another hit on the ground.
Without a helmet, Higbee argued, a motorcyclist’s head would hit the asphalt right away, increasing the risk of life-threatening injuries. He said that because motorcycles do not have seat belts, helmets are necessary to protect against a motorcycle’s momentum.
"It’s your choice," he said. "But it’s your safety."



CA - Speeders beware: TPD adds motorcycles to traffic control fleet

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Speeders beware: TPD adds motorcycles to traffic control fleet

Tuesday, Sep 25 2013 06:00 AM

By EMILY BRUNETT Tehachapi News
Related Photos Motor officer Scott Ketcham heads out on one of Tehachapi's newly-purchased BMW motorcycles Thursday, Sept. 19, on Robinson Street.

The city of Tehachapi recently purchased two BMW motorcycle patrol units. The motorcycles are to be used primarily for traffic enforcement, but can also respond as any other police unit. Traffic violators and law breakers should be aware of a new silhouette on the horizon, as the Tehachapi Police Department has added two BMW motorcycles to its vehicle fleet. Each year the city receives $100,000 from the state of California through the Supplemental Law Enforcement Services Fund. Chief Jeff Kermode presented the proposed spending plan to the City Council at its regular meeting Sept. 16.
"Under the founding legislation, it requires that this $100,000 be spent as a supplement to our budgeted general fund monies," he said. "So it cannot be used to supplant anything that is already in the budget."
According to the chief's report, the two bikes were purchased from the City of Taft for $6,000. The bikes have low mileage and are already outfitted with police equipment.
When asked by Mayor Phil Smith how much the motorcycles would cost new, Kermode said, "I believe they're in the $25,000 or $28,000 range, especially as you add on police equipment."
An additional $8,215 will be spent to refurbish the bikes and place Tehachapi graphics, while $3,932 goes to officer training and equipment.
Officer Scott Ketcham is already trained and equipped and has begun patrols on the BMW.
Another officer is scheduled to go through training and begin patrols on the second BMW soon.
"They won't be full-time motorcycle officers," Kermode said. "In the good weather, they'll handle their patrol duties from the bike."
He added that the officers will have the flexibility to go back and forth between the bike and a car, as appropriate.
Although the City Council did not approve the spending plan until Monday at its meeting, TPD had already purchased the motorcycles.
"The Taft Police Department was moving forward with their City Council to declare the motorcycles as surplus property and sell them," the chief said in an email. "In order to avoid potentially losing the deal to another agency, I obtained approval from our City Manager to 'borrow' from our budgeted equipment funds until we could move forward with the SLESF spending plan. The SLESF funds will now pay back the equipment fund so that previously budgeted items can be purchased."
City Manager Greg Garrett explained that such a procedure is standard.
"Sometimes we're required to make decisions on the fly," he said. "But we always want to follow up [with the City Council]. We certainly want to close the loop, always."
Garrett added that they try every year to be very dynamic in their spending of the SLESF money.
The chief budgeted the remaining money toward laptop mounting for two patrol vehicles, a rebuilt engine for the transport van, salary for part-time reserve officers needed during the summer and holidays, the patrol overtime account, and an allocation for a new officer salary.
The new position will be the 15th for the department and the chief called it the "AB 109 Officer." Some of the money for the new officer's salary will come from an AB 109 monetary disbursement from the state, intended to help provide assistance to local agencies dealing with more parolees since prison populations have been reduced.
Kermode said the decision on who will take the position is not final, but is expected to be solidified in mid-October.


USA - Wal-Mart’s RFID Micro Chips to Track Clothing

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In a post dated August 6th and titled: D.H.S. Has Secretly Installed RFID Chips In Plates, and Scanners EVERYWHERE I wrote the following editorial:
This is another really fun one. D.H.S. has given God only knows how much money to install RFID chips in every license plate and there are scannersEVERYWHERE. They are on bridges, on road, in tunnels… and most have camera capability, so when they spot your chip coming, they snap a picture of you and the family. Isn’t that sweet?
Doesn’t it feel GREAT to know somewhere in the government coffers there is a portfolio of you and your family? Oh yeah, and every movement you’ve made in your own car too. Totally not constitutional. 
The Supreme Court has held a person does not have a reasonable expectation of privacy on a public road. However, the Supreme Court decided the use of devices to track a defendant’s “movements from one place to another,” and tracking the defendant’s every movement twenty-four hours a day violated a reasonable expectation of privacy, because no agency would have the resources for a team of agents to do that. United States v. Maynard, 615 F.3d 544, 558 (D.C. Cir. 2010).Since then, U.S. Supreme Court has ruled on the issue of twenty-four hour GPS surveillance, and it ruled twenty-four hour surveillance with a device does constitute a search, and therefore without a warrant is unlawful. 
United States v. Jones, 132 S.Ct. 945 (2012). 
This is the Obama Administration. They don’t care about the law.
Now, you can feel safe knowing these Wal-Mart RFID chips are intended strictly to prevent theft and monitor inventory. I’m SURE nowhere down the road we’ll hear about insulated chips that can withstand washing machines that are being used to track people without their knowledge.
After all, that would be “Conspiracy Theory” right?
Wal-Mart Stores Inc. plans to roll out sophisticated electronic ID tags to track individual pairs of jeans and underwear, the first step in a system that advocates say better controls inventory but some critics say raises privacy concerns.
Wal-Mart will place removable “smart tags” on individual garments that can be read by a hand-held scanner. Wal-Mart workers will be able to quickly learn, for instance, which size of Wrangler jeans is missing, with the aim of ensuring shelves are optimally stocked and inventory tightly watched. If successful, the radio-frequency ID tags will be rolled out on other products at Wal-Mart’s more than 3,750 U.S. stores.
“This ability to wave the wand and have a sense of all the products that are on the floor or in the back room in seconds is something that we feel can really transform our business,” said Raul Vazquez, the executive in charge of Wal-Mart stores in the western U.S.
Before now, retailers including Wal-Mart have primarily used RFID tags, which store unique numerical identification codes that can be scanned from a distance, to track pallets of merchandise traveling through their supply chains.
Wal-Mart’s broad adoption would be the largest in the world, and proponents predict it would lead other retailers to start using the electronic product codes, which remain costly. Wal-Mart has climbed to the top of the retailing world by continuously squeezing costs out of its operations and then passing on the savings to shoppers at the checkout counter. Its methods are widely adopted by its suppliers and in turn become standard practice at other retail chains.
[Audio/Video below cannot be seen in Newsletter - have to go to Blog]
But the company’s latest attempt to use its influence—executives call it the start of a “next-generation Wal-Mart”—has privacy advocates raising questions.
While the tags can be removed from clothing and packages, they can’t be turned off, and they are trackable. Some privacy advocates hypothesize that unscrupulous marketers or criminals will be able to drive by consumers’ homes and scan their garbage to discover what they have recently bought.
They also worry that retailers will be able to scan customers who carry new types of personal ID cards as they walk through a store, without their knowledge. Several states, including Washington and New York, have begun issuing enhanced driver’s licenses that contain radio- frequency tags with unique ID numbers, to make border crossings easier for frequent travelers. Some privacy advocates contend that retailers could theoretically scan people with such licenses as they make purchases, combine the info with their credit card data, and then know the person’s identity the next time they stepped into the store.
Smart-tag experts dismiss Big Brother concerns as breathless conjecture, but activists have pressured companies. Ms. Albrecht and others launched a boycott of Benetton Group SpA last decade after an RFID maker announced it was planning to supply the company with 15 million RFID chips.
Benetton later clarified that it was just evaluating the technology and never embedded a single sensor in clothing.
Wal-Mart is demanding that suppliers add the tags to removable labels or packaging instead of embedding them in clothes, to minimize fears that they could be used to track people’s movements. It also is posting signs informing customers about the tags.
“Concerns about privacy are valid, but in this instance, the benefits far outweigh any concerns,” says Sanjay Sarma, a professor at the Massachusetts Institute of Technology. “The tags don’t have any personal information. They are essentially barcodes with serial numbers attached. And you can easily remove them.”
In Europe some retailers put the smart labels on hang tags, which are then removed at checkout. That still provides the inventory-control benefit of RFID, but it takes away other important potential uses that retailers and suppliers like, such as being able to track the item all the way back to the point of manufacture in case of a recall, or making sure it isn’t counterfeit.
Wal-Mart won’t say how much it expects to benefit from the endeavor. But a similar pilot program at American Apparel Inc. in 2007 found that stores with the technology saw sales rise 14.3% compared to stores without the technology, according to Avery Dennison Corp., a maker of RFID equipment.
And while the tags wouldn’t replace bulkier shoplifting sensors, Wal-Mart expects they’ll cut down on employee theft because it will be easier to see if something’s gone missing from the back room.
Several other U.S. retailers, including J.C. Penney and Bloomingdale’s, have begun experimenting with smart ID tags on clothing to better ensure shelves remain stocked with sizes and colors customers want, and numerous European retailers, notably Germany’s Metro AG, have already embraced the technology.
Robert Carpenter, chief executive of GS1 U.S., a nonprofit group that helped develop universal product-code standards four decades ago and is now doing the same for electronic product codes, said the sensors have dropped to as little as seven to 10 cents from 50 cents just a few years ago. He predicts that Wal-Mart’s “tipping point” will drive prices lower.
“There are definitely costs. Some labels had to be modified,” said Mark Gatehouse, director of replenishment for Wrangler jeans maker VF Corp.,VFC -1.46% adding that while Wal-Mart is subsidizing the costs of the actual sensors, suppliers have had to invest in new equipment. “But we view this as an investment in where things are going. Everyone is watching closely because no one wants to be at a competitive disadvantage, and this could really lift sales.”
Wal-Mart won’t disclose what it’s spending on the effort, but it confirms that it is subsidizing some of the costs for suppliers.
Proponents, meanwhile, have high hopes for expanded use in the future. Beyond more-efficient recalls and loss prevention, RFID tags could get rid of checkout lines.
“We are going to see contactless checkouts with mobile phones or kiosks, and we will see new ways to interact, such as being able to find out whether other sizes and colors are available while trying something on in a dressing room,” said Bill Hardgrave, head of the RFID Research Center at the University of Arkansas, which is funded in part by Wal-Mart. “That is where the magic is going to happen. But that’s all years away.”

FLORIDA TODAY - Firm doesn’t trust machine

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Firm doesn’t trust machine


Viera practice wins right to independently test Intoxilyzer 8000

By Andrew Ford


FLORIDA TODAY

A trip to jail, a $500 fine, loss of a drivers license for 180 days, probation, DUI school, 50 hours of community service and court costs — these are some of the minimum penalties for someone convicted of driving under the influence.

At 0.08, the legal limit to be considered drunk is measured in fractions of 1 percent. After years of legal wrestling, a Viera law firm won the chance to independently test the accuracy of a machine Florida police use to collect evidence of breath alcohol content.

“Nobody gets to touch these machines other than Florida Department of Law Enforcement and local police agencies,” Berry said. “If they pass all these tests, when they’re being looked at critically, then good for them.” For years, the firm Eisenmenger, Berry & Peters has criticized Florida’s breath-testing machine, the Intoxilyzer 8000, a device produced by CMI, Inc. based in Kentucky.

“The Intoxilyzer 8000 has been approved since 2002 and was put into evidentiary use in 2006,” FDLE spokeswoman Gretl Plessinger said in an email. “The instrument is used by every law enforcement agency in Florida. The Intoxilyzer is valid and reliable and has withstood numerous court challenges by DUI defense attorneys.”

Berry said his firm has approached the issue in three main

ways:

»
 They fought in Brevard County court to have the instrument tested.

»
 They challenged the original 2002 approval of the current  
breath-testing device through the Florida Division of Administrative Hearings. The judge ruled against them, but they have appealed that decision.

»
 Through the same administrative process, they challenged a Florida Department of Law Enforcement procedure for testing the machines before their typical annual test. Berry’s firm is also appealing a judges denial of this challenge. Though the second two efforts are still pending, the first represents a significant breakthrough for Berry. The process began about four years ago. Berry’s firm filed a motion on behalf of several clients to have the breath-testing machine independently tested. “The state opposed that motion on every ground,” said Assistant State Attorney Michelle Perlman.

Opinions differed about whether the machine could be scrutinized by the defense. “The discovery rules allow you to have access to the evidence and do your own testing,” Perlman said. “The defense has the right to do their own testing on physical evidence.” For example, if prosecutors charged someone with possessing cocaine, that person would be entitled to have an independent laboratory test the white powder for the presence of cocaine. If someone was accused of breaking into a house, they could have their own expert testify about whether the fingerprints left at the scene matched their own.

Perlman explained the state was opposed to the defense conducting testing on police equipment.

“If the defense wants to challenge what’s in the report, they can challenge the methodology used or the qualifications of the operator of the instrumentation. They can challenge the qualifications of the expert witness, including the forensic lab person. They can obtain physical evidence and test it independently. But what they don’t get to do is require the state to produce their instrumentation and examine it.” Berry’s firm disagrees. “The result of that machine, if believed by a jury, is enough to put you in jail,” he said. “And the notation that a citizen can’t get access to test that machine is pretty scary.”

The fact that DUI penalties are increased if a person blows over 0.15 means it’s all the more important that the machine is accurate. Perlman said the defense hasn’t shown evidence that the machines would have particular problems in the cases in question.

“The state’s basic presumption is incorrect,” Berry said. “The state believes that the reliability of the instrument is beyond question and that only in individual circumstances could it ever generate a bad result because of some odd thing that happened in a specific case. That’s really their argument. What they’re not understanding is that we’re questioning the basic reliability of the instrument at this point.”

Ultimately, judges sided with Berry’s firm, ordering a prescribed independent test.

“Eventually, several county court judges ordered some inspection be completed,”Perlman said. “The state filed an appeal and the appeal was unsuccessful. There were further hearings and two of the original judges ordered some specific testing to occur.”

An independent test will be carried out at a private laboratory in Melbourne starting today . They’ll see if the machine holds up to shaking and extreme temperatures. They’ll see if the readings the machine gives for alcohol in a person’s breath matches the amount in his or her blood.

For Berry, it comes down to a defendant’s right to question the evidence presented against them, and he’s skeptical of claims made about the accuracy of the Intoxilyzer 8000. “I love my government, but I don’t trust my government,” he said. “And I’m not going to take their word for it, especially on something like this.”

Contact Ford at aford@floridatoday. com, 321-242-3601, or follow at Twitter.com/AndrewFordToday.
 
http://floridatoday.fl.newsmemory.com/newsmemvol2/florida/floridatoday/20130923/1to0101a0923.pdf.0/img/Image_11.jpg
SEE IT ONLINE

A video about the Intoxilyzer 8000 is at florida today.com