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Saturday, May 1, 2010

CALIFORNIA:MIC to Testify Before Congress on CPSIA Amendments to Stop the Lead Ban

OFF THE WIRE
http://www.mic.org/news042810.cfm Contact: Motorcycle Industry Council Media Relations (949) 727-4211, ext. 3027
MIC to Testify Before Congress on CPSIA Amendments to Stop the Lead Ban
IRVINE, Calif., Apr. 28, 2010 - An executive from the Motorcycle Industry Council (MIC) will testify at tomorrow's House Energy and Commerce Committee, Subcommittee on Commerce, Trade and Consumer Protection regarding amendments to the Consumer Product Safety Improvement Act (CPSIA) and the unintended consequences that have severely impacted youth riders of dirt bikes and ATVs and the motorcycle/ATV industry at large. Paul Vitrano, General Counsel of the MIC has been invited to provide testimony at the hearing, which takes place at 10AM EDT on April 29.
Vitrano will emphasize that the Consumer Product Safety Commission (CPSC) has acknowledged the ban will likely result in children 12 years of age and younger riding larger and faster adult-size vehicles, a known safety risk. For example, CPSC studies show almost 90% of youth injuries and fatalities occur on adult-size ATVs.
"The real risk to children comes from banning youth models, not from the lead in certain components," said Vitrano. "The CPSC's scientists acknowledge that the presence of lead in metal alloys in these youth models - needed for functionality, durability and other reasons that are safety critical to the components - does not present a health hazard to children."
Proposed legislation that could permanently stop the ban will be discussed at the hearing.
"The only permanent solution is a legislative solution," noted Vitrano. "I would like to thank the Subcommittee for taking this issue on, and the entire industry is excited that Congress is formally considering legislation to stop the ban for the benefit of the riders."
Vitrano concluded, "I will urge the Committee to provide as much clarity as possible in developing a legislative solution so that the CPSC is left with no doubt about Congress' intent to ensure the continued availability of youth model motorized recreational vehicles."
A live audio webcast of the hearing can be accessed at the House Energy and Commerce Committee website: http://energycommerce.house.gov/ .
The Motorcycle Industry Council exists to preserve, protect and promote motorcycling through government relations, communications and media relations, statistics and research, aftermarket programs, development of data communications standards, and activities surrounding technical and regulatory issues. It is a not-for-profit, national industry association representing manufacturers and distributors of motorcycles, scooters, motorcycle/ATV/ROV parts and accessories, and members of allied trades such as insurance, finance and investment companies, media companies and consultants. The MIC is headquartered in Irvine, Calif., with a government relations office adjacent to Washington, D.C. First called the MIC in 1970, the organization has been in operation since 1914. Visit the MIC at www.mic.org.

ARIZONA:SB1023 was signed by the Governor on 4/26/10

OFF THE WIRE
SB1023 was signed by the Governor on 4/26/10
SB1023 involves minor revisions to the existing ARS 28-672, 675 and 676.
Current Arizona Revised Statute - 28-672- Motor Vehicle Accidents; Death; Injury -
- describes 7 Right Of Way violations, 2 of them are Running a Red Light and Left Turns at Intersections, which would pertain to motorists – the other 5 pertaining to Crosswalks, Pedestrians, meeting or overtaking a School Bus and Stopping at Stop Signs.
The penalties for violating these Right Of Ways are invoked when the crash results in Serious Physical Injury (SPI) or Death.
The Current Penalties for a person who violates ARS28-672, involve:
- Completion of Traffic Survival School
- Possible Community Restitution
- “POSSIBLE” Suspension of license – for 90 days SPI or 180 death
- A restitution MAY be awarded to victim of SPI, not to exceed $10,000 AND
- A person who violates this section of code is guilty of a class 3 misdemeanor, except in the case of death for which there is a maximum fine of $1,000.
ALL of this above code in 28-672, pertains to the person with a VALID DRIVERS LICENSE. IF the violating driver is driving on a REVOKED or SUSPENDED license, the same Right Of Way Violations automatically become a CLASS 4 Felony for causing Death, as described in 28-675 and CLASS 5 Felony for causing SPI as described in 28-676.
SB1023 will make the following changes:
- ADD 3 categories, pertaining to ‘merging’, ‘improper lane change’ and ‘pulling out from intersections’, to the existing ROW violation categories in all 3 statutes.
- ADD that upon a Second or Subsequent Violation of 28-672 within a 36 month period, that the court “SHALL” not “MAY” suspend the violators license for 90/180 days.
AND
- ADD a Classification of driver under 28-675 and 676, referring to the driver that ‘Does NOT have a valid License or Endorsement’, which is currently not addressed.

MRF News Release

OFF THE WIRE
FOR IMMEDIATE RELEASE 29 April 2010
10NR10 - MRF News Release - Consumer Product Safety Commission Update – CALL TO ACTION BELOW

Contact: Jeff Hennie, Government Relations & Public Affairs
Consumer Product Safety Commission Update – CALL TO ACTION BELOW
The Motorcycle Riders Foundation (MRF) has learned that last Friday, the Consumer Product Safety Commission (CPSC) voted on the issue of banning sales of youth ATVs and motorcycles because of lead levels. The CPSC voted to keep the ban in place; however, they did issue a two-year stay of enforcement of the ban. The stay will allow manufacturers and retailers of youth ATVs and motorcycles to continue building and selling the items for the next two years. It also gives the industry two years to comply with the new law; and if, for some reason, it’s technologically infeasible to manufacture a certain part with less lead than allowed by law, the industry will have a chance to make another argument to the CSPC.
The decision was made unanimously by the two-member CPSC Board. Both Acting Chairman Nancy Nord and Commissioner Thomas Moore voted to deny the petition from industry to completely overturn the ban, citing safety as their reason for issuing the two-year stay instead. Nord and Moore both claim, “A bigger safety concern than lead exposure is that the elimination of youth ATV sales will likely increase the number of adult ATVs purchased to be used by younger children; therefore increasing risk of injury and death.” Industry members have 45 days to apply for the stay.
Read the decision letter of the CPSC here: http://www.cpsc.gov/library/foia/ballot/ballot09/atvexclusion.pdf
CALL TO ACTION: Legislation does exist that would force the CPSC to exempt all youth ATVs and motorcycles from the ban. Denny Rehberg (R-MT) has introduced HR 1587 and the bill has 35 co-sponsors to date. The MRF encourages you to ask your Member of the US House to co-sponsor this important legislation.
Public Service Announcements
The MRF is collecting any public service announcements your group has put together or uses. The goal is to establish a clearinghouse of the most effective messages being used today. Please send all forms of media, stickers, billboard images, radio, video, virtual or otherwise. Please email mrfoffice@mrf.org with your contributions. Call the MRF DC office if you have questions.

MRF E-MAIL NEWS Motorcycle Riders Foundation 236 Massachusetts Ave. NE | Suite 510 | Washington, DC 20002-4980 202-546-0983 (voice) | 202-546-0986 (fax) | http://www.mrf.org

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MRF E-MAIL NEWS Motorcycle Riders Foundation 236 Massachusetts Ave. NE | Suite 510 | Washington, DC 20002-4980 202-546-0983 (voice) | 202-546-0986 (fax) | http://www.mrf.org
10NR11 - MRF News Release - Washington Update
FOR IMMEDIATE RELEASE 29 April 2010
Contact: Jeff Hennie, Government Relations & Public Affairs
The MRF wishes to apologize for the earlier release today. It was the result of a technical glitch. It has been corrected and we hope to avoid such occurences in the future.
Washington Update
Youth Motorcycle Ban and NHTSA Administrator Strickland
Thursday in Washington, the United States House Energy and Commerce Committee Subcommittee on Commerce, Trade and Consumer Protection held a hearing on the Consumer Product Safety Enhancement Act. This bill, which has yet to receive a number, aims to tighten up some of the problems with the initial consumer product safety act (CPSIA) such as the all-out ban of youth motorcycles and ATVs.
In the opening statements by the Members of the Committee, many of the problems with the current law were listed all the way from lack of exemption authority of the Consumer Product Safety Commission to job loss. One of the best examples of the consequences of the CPSIA was the forced removal of brass musical instruments and microscopes from schools because they contain too much lead.
The Motorcycle Industry Council’s (MIC) attorney gave testimony on why removing age appropriate models would be directly linked to greater injuries and that they need specific exemptions for youth motorcycles.
Several Members of the Committee agreed with the MIC that the ban on youth products with too much lead should not include the smaller motorcycles and ATVs.
The current law is flawed for many reasons but perhaps the best way to express it was said by George Radanovich (R-CA). He stated that "the FDA allows 1 microgram of lead per gram of candy, A toy maker wanted an exemption to the law but was denied. The toy he was seeking exemption for had less than 1 microgram of lead in a brass axle but it still exceed the consumer product safety levels."
Much work remains on this issue, but the hearing was a positive step in putting this issue to rest.
NHTSA’s New Chief
The MRF also met with the new National Highway Traffic Safety Administration's new Administrator, David Strickland. ABATE of IL was in DC lobbying, so they put some pressure on former IL Member of Congress Ray LaHood to push a meeting request with the Administrator. LaHood, being a former MRF Champ winner, made it happen. The AMA also joined in on the productive meeting.
Recently at a US House hearing, Strickland commented that motorcycle helmet use should be the “core” of motorcycle safety programs so this meeting was especially important. During the meeting Strickland behaved as any government safety official would, he defended helmet law, saying he is a "data guy" and that he has to "follow the numbers". He also agreed that there are other aspects to motorcycle safety - one of the most important is education. The MRF congratulates Mr. Strickland on his post and we look forward to working with him. Who knows, we may even see him on a motorcycle at some point as he expressed interest in learning to ride a motorcycle. We say "Go for it Administrator!"
Bikers Inside the Beltway
Don’t forget to mark your calendars for the National Motorcycle Safety Month event in Washington, D.C. The date is set for May 20th, 2010 and will begin the day around 9 on the national mall. This will be a day of educating the Congress on the importance of motorcycle awareness and motorcycle safety. Contact the MRF office if you plan on attending or want more information.

Article from Progressive Insurance....

I received an email from Progressive informing me that our Agency was in the top three producers of motorcycle insurance for them in MA., and that they would be doing an article on me and the agency in their Agent's monthly magazine.

This is the draft.... all that's missing is Maureen who's been with me for over 16 years! :*)

Thank you all for taking the time to read it!

A League of Her Own
Local agent named to Motorcycle Hall of Fame

It’s easier to sell Motorcycle insurance if you ride one yourself.

Local Massachusetts Agent Betsy Lister began her love affair with riding 41 years ago when she bought her first bike – a 1969 Yamaha 375. She continues that passion today aboard her 2007 Harley-Davidson® Street Glide™.

“What I love most about riding is the feeling of freedom, the ability to inhale the landscape and be a part of it – each bend in the road becomes another adventure,” says Betsy. “And being part of the motorcycle community feels like being part of a big family.”

In August, the Sturgis Motorcycle Museum in Sturgis, S.D., will induct Betsy into its 2010 Hall of Fame class, recognizing the ways she keeps fellow bikers safe, educated, entertained, and aware.

Known in some circles as “Gypsypshn” (short for “Gypsy passion”), Betsy has ridden more than 100,000 miles. An activist for motorcyclists' insurance and safety rights, she collaborates with state and local organizations and legislatures. In 2004, she worked with Massachusetts Governor Mitt Romney to create the proclamation for Motorcycle Safety Awareness Period that happens every spring. She also served as safety and education director of the Massachusetts Motorcycle Association and contributed to many charitable organizations on behalf of motorcyclists in her state.

Riding one day, selling the next
Betsy combines her passion for motorcycles with her 40 years of experience in the insurance industry. She opened Lister Insurance Agency in Medford, Mass., in 1991. Specializing in property casualty coverages, like homeowner, auto and, of course, Motorcycle, Lister Insurance started selling Progressive’s Motorcycle product in April 2009 when it rolled out in Massachusetts.

Betsy is a fan of the product – particularly the Custom Parts and Equipment/Accessory coverage and Roadside Assistance coverage. She hosted a Progressive booth at the 2010 Boston Bike Show, where she spread the word about Progressive and quoted about 40 policies, most of which she ended up writing. And, Betsy’s customers are so pleased with their Motorcycle insurance overall that they’re allowing her to quote and manage their auto and homeowners’ policies, as well.

“This is a person who talks the talk and walks the walk,” says Doug McCarvill, a regional business development consultant who works with Betsy and other agents to grow their Special Lines business. “She is an effective Motorcycle agent who understands her customers. We’re proud to have her as an ambassador.”

Motorcycle Helmet Maker Forced to End Production

OFF THE WIRE
http://wheels.blogs.nytimes.com/2010/04/28/motorcycle-helmet-maker-forced-to-end-production/

Motorcycle Helmet Maker Forced to End Production
By CHRISTOPHER JENSEN
On its Web site, the motorcycle helmet manufacturer Advanced Carbon Composites warns buyers not to trust helmets made in China or India and instead to buy its American-made models. But the company's helmets have been recalled so many times by the National Highway Traffic Safety Administration, that the agency has demanded that the company never make another motorcycle helmet.

The agency's demand stems from what the it says is the company's failure to properly carry out three safety recalls since 2005.

The recalls involve about 17,000 helmets that failed to meet safety standards, including puncture resistance. That resulted in the agency's accusing the company of violating "various provisions" of the National Traffic and Motor Vehicle Safety Act. The problem was worked out with a consent order signed at the end of March by the company's president, Kim L. Davis, that did not deny the violations.

Mr. Davis also agreed to the agency's demand that Advanced Carbon Composites stop designing, selling or manufacturing motorcycle helmets. In addition, motorcycle helmets can not be designed, sold or manufactured by any company of which Mr. Davis owns 3 percent or more.

Mr. Davis, whose company is based in Orlando, Fla., did not respond to several requests for comment.

According to the consent order, here's what happened.

In 2005, the company notified the agency that during testing, it found that its EXT 001 helmet did not provide enough protection to meet safety standards.

As part of its recall effort, the company changed the interior of the helmet, which it designated as a new model, calling it the EXT 002. Then, rather than replace the defective EXT 001 helmets it had already sold, Advance Carbon Composites modified them, a move approved at the time by the safety agency.

But the modified and recalled helmets still did not meet safety standards. Neither did the EXT 002. So in 2007 the company agreed to also recall the EXT 002.

The company then modified the construction again, called that helmet the EXT 003 and retrofitted the recalled EXT 002 helmets.

Those helmets still didn't meet the safety standard. The company agreed to another recall in 2009, this time of the EXT 003. Once again it modified the design of the helmet, but that didn't work, either.

About five years after the first recall, N.H.T.S.A. undertook a civil enforcement action against the company, leading to the consent order. Under that order, the company has agreed to refund the purchase price of those helmets, and N.H.T.S.A. says "under no circumstances" is the company to try repairs. The company will also pay fines totaling $10,000. If the company does not comply, the case will go to federal district court, according to the consent order.

Meanwhile, about two weeks after the consent order was completed, Advanced Carbon Composites notified N.H.T.S.A. that its model EXT 004 didn't meet federal safety standards, either. The company says the owners of those 645 helmets will get a refund, not a repair.

Biker Killed During Charity Ride
http://www.ksbw.com/news/14813258/detail.html
SEASIDE, Calif. -- A veteran motorcyclist from Pebble Beach died Saturday after a driver rear-ended him on Highway 1 in Seaside during a charity drive held by the Hell's Angels in Carmel Valley.Grief struck the Central Coast biker community as news spread of a fellow rider's death. Because the California Highway Patrol is still investigating the incident, the 62-year-old man's name has not been released.Officials said the man, who was with the local bike group, The Ephesians, was killed during the charity motorcycle run on his way to the Seaside American Legion for a celebration.Police said that a woman driving up the Canyon Del Rey onramp ready to merge onto northbound Highway 1 smashed into the man's Harley Davidson after he stopped his bike in front of the ramp. Some bikers said he was trying to protect the 60 or so riders who were also on the highway, getting ready to exit -- a move known as road guarding.On Sunday, the bikers remembered the fallen rider -- someone they said was not just a friend, but a brother.It was the first time someone died during the toy run in the 23 or so years the Hell's Angels have put it on.

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