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California - The 26th Annual Love Ride slated for 10/25/09 was cancelled by the founder/promoter and owner of Glendale HD, Oliver Shokouh due to poor ticket sales from the weak economy. Over the years, the Love Ride from just donating to Muscular Dystrophy (MDA) to include over 12 children's charities raising around $1 Million each year.

Texas - On 6/19/09, Gov. Rick Perry signed into law SB 1967 of the 81st Regular Legislative Session effective 9/1/09 and repeals the helmet exemption sticker program.

Current law requires a person be covered with a minimum of $10,000 in health insurance for injuries incurred in a motorcycle accident to be eligible for an exception for the offense of operating or riding a motorcycle without a helmet. The bill removes that minimum amount. The bill requires the Texas Dept of Insurance to prescribe a standard proof of health insurance for issuance to persons who are at least 21 and covered by an applicable health insurance plan.

The bill prohibits cops from stopping or detaining operators or passengers for the sole purpose of determining whether the person has successfully completed a motorcycle operator training and safety course or is covered by a motorcycle health insurance plan and repeals provisions relating to a DPS-issued sticker required to be displayed on a motorcycle by the owner.

Justice Riders Committee (Boston) A group of motorcycle advocates and activists are putting the final touches on a lawsuit they expect to file this week in Suffolk Superior Court, asking the Court to restrain the City of Boston from issuing $300 tickets to motorcyclists and declare a recently rushed through "noise" Ordinance invalid. Check out the Biker Lowdown radio interview Wed 8pm EST 8/5/09.

Myrtle Beach SC - The South Carolina Supreme Court has agreed to hear a Myrtle Beach organization's challenge (BOOST) to the city's helmet law. SC Supreme Court Chief Justice Jean Hoefer Toal has stated that Administrative Hearing Courts are unconstitutional, which will hopefully have bearing on the SC court case. Memorandum

Freedom Fighting with Don Blancet and Mark Temple of Bolt. Check out this YouTube video of Officer Aaron Love's roadside stop.

AlphaBiker Radio - BikerLowdown.com - Yup! We're being interviewed this coming Wednesday, 7/15 at 8pm on this excellent biker radio station. Don't miss it! From this link, you have to click the BikerLowdown Radio Show icon half way down the page.

FMVSS218, TESTING, ROADSIDE STOPS, HELMET TICKETS & THE LAW - I got an email from a reader this weekend of Independence about how a particular ticket I got years ago turned out since it got rather invovled and culminated in a Watch-Brief helmet ticket writing Moratorium from our local sheriff's office.

I read over the documents I had as it was awhile ago and it just got me going again.

To me... here's what we should be focusing on:

1. FMVSS218, The Federal Motor Vehcicle Safety Standard No. 218
2. It's relationship to how many of our states attempt to define what a defines a legal helmet
3. How the testing is done
4. What DOT stickers mean
5. How in practice (meaning on the road and in court), the burden of certifying compliance with the Standard mysteriously shifted from the manufacturer to us, the user
6. How cops are allowed to circumvent FMVSS218 testing with in many cases on the fly eyeball exams to give them probable cause for a stop
7. And then witout any technical knowledge or information write us tickets (Fix-it or otherwise)

If you haven't yet read FMVSS218, testing requires 4 identical helmets to be tested at various temperatures by dropping a weight from a specified height on each one until they break to prove compliance. The efficacy of this method is fodder for another day.

So the notion of a cop eye-balling your helmet from their bike or car as you roar by going opposite directions cannot give them enough probable cause to stop you, not to mention write you, is a gross violation of the Standard, our freedom, rights and if it's illegal for a manufacturer to circumvent the Standard, then why on Earth is legal for a cop to do it?

Now let's think about the repercussions:

1. The disruption to your day of the ticket
2. Time off work to get the ticket signed off
3. Time off work to go to court
4. Possible fine, even if only under $20ish dollars
5. Anst and aggravation
6. The number of people who have stopped ridding over the years because of the harassment

So, I thought I'd blog this as all the above still seems to be at the heart of how helmet laws can be overturned and how at very least we can help raise awareness of how roadside stops need to be re-thought and scrutinized. Our rights are getting creamed out there over this.

Well, here's the redux with some new thoughts:

I got cited for a beanie ticket some time ago (1997) by Dep. Porche in West Hollywood, CA, which was dismissed in Beverly Hills court. I sent a complaint to then Sherriff Sherman Block, which resulted in Indexed Briefing 96-2.

Interestingly, I received another ticket from Porche in just about the same street location shortly after, which resulted in a sit down meeting with West Hollywood Sherriff Odenthal, which resulting in his famous area-wide Helmet Ticket Moratorium Watch-Brief as long as it appeared the rider was making some attempt to obey the law.

The Moratorium was *very* important because Sherrif Odenthal realized that by issuing it, he was taking the burden of whether a helmet was in compliance with the law off of the rider/consumer as it should as was later determined in Buhl vs. Hannigan, was "absurd."

Keep a copy of the FMV218 with you and hand it to the cop if you get stopped. Ask him if your helmet has been officially recalled or if he has 4 of YOUR helmets ready for independent lab testing. If he's still going to write you a ticket, ask how he's going to show probable cause by eyeballs alone. Fun.

Other than that, I haven't heard of any tickets following the Moratorium years ago and while we haven't been successful in overturning the law here in California, most cops seem to have taken the position similar to the spirit of the 1997 West Hollywood Moratorium: if the biker has something reasonable on their head, leave them alone. So that means beanies go un-noticed and while not hair to the wind, it's a step, but than a stop. FMVSS218 HTML. FMVSS 218 PDF. Letter to NHTSA Re: Roadside Stops. NHTSA Roadside Reply. More...

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JEFFERSON CITY, Mo. (AP) — Legislation modifying Missouri's motorcycle helmet law is on its way to the governor. The bill would allow those 21 and older to ride without helmets on all Missouri roads except interstate highways. The House gave the bill final approval Wednesday on a vote of 93-65. It cleared the Senate earlier.

Proposals to repeal the mandatory helmet law have been controversial in the past. But this year's measure, to simply modify the law, received little debate in either chamber. Supporters of Missouri's existing helmet law say the protective headgear keeps motorcyclists safer during a potentially dangerous activity. But some motorcycle enthusiasts contend it's more fun to ride without a helmet. They've argued that the state should micro manage their lives.

Myrtle Beach, SC - Enacts helmet law. Ordinance 2008-64. Both rider and passenger and passenger must wear a helmet and glasses whether on public or private property!

California - Judge's helmet-law ruling leaves cops, courts and biker confused. In a decision both sides call baffling, a judge recently ruled that a Soquel man's tickets for not wearing a motorcycle helmet can be considered "fix-it" tickets, seemingly erasing any fine or mark on his driving record for violations that are not normally considered fixable.

DOT or NOT Approved? - like chicken teeth, "DOT Approved" helmets do not exist. The NHTSA/DOT does not approve or disapprove anything and they will be the first to tell you. The link above will take you to 16 NHTSA quotes stating so. So how can the folks in Louisiana comply with their State Police bulletin that specifies riders MUST wear DOT Approved helmets? Well... they can't. Period.

Helmets vs Airbags - We get letters. For those unsure or sure helmets are always safe or unsafe in all conditions, please read this...

Louisiana - HB-109, Requires any person who operates or rides a motorcycle to wear a safety helmet. Signed by Governor Blanco 07/06/04, effective 08/15/04.

North Carolina - HB 1517 - Repeal helmet law bill. Ref To Com On Rules, Calendar, and Operations of the House 05/04.

Massachusettes - HB 206 a bill allowing riders 18 yrs and older to ride helmetless in public parades passed the Senate and goes to the Governor who has 10 days to sign. Very creative idea to whittle down the resistance...

California - AB 1200 - Failed 9 to 10 in Trans Comm. Asbn. Longville struck the controversial organ donar amendment saying it was a mistake before the vote, which was granted reconsideration. However, this isn't likely unless he's able to get the additional votes needed to pass out of committee. Longville posted this letter explaining the mistake.

Maverick Radio Host Alleges Harassment by Sheriff - Richard Quigley filed a federal lawsuit against Sheriff who allegedly threatened sanctions unless the radio station terminated Quigley's radio show.

Massachusettes on the Move: It's been quite a year for MA. And the MMA has really been pressing hard and working ALL the angles for bikers rights:

Missouri - HB 770 - A mod bill which would allow persons 21+ the Freedom of Choice to ride with or without a helmet. Contact your reps now...

Massachusettes - The MMA and ABATE will merge into one organization, Massachusetts Motorcycle Association.

Tennessee: riders can proceed through a red light with caution if after waiting an appropriate time their bike's weight doesn't trigger a light change.

EPA Standards - Senator Ben Nighthorse Campbell (CO) has urged the director of the EPA to modify the proposed emissions standards for bikes.

New York - SB S170 - 21 and older Helmet Mod bill filed.

Washington - SB 5335 goes into effect 7/27/03 which attempts to define what is a helmet including that helmets have a hard shell, padding and DOT sticker.

Medical Insurance - 100 reps support HR-1749, The Health Care Parity for Legal Transportation & Recreational Activities Act, which would bar health care discrimination against motorcycling, ATV, snowmobiling, skiing or horseback riding.

Pennsylvania - SB 259- Gov. Ed Rendell signed SB 259 modifying PA's 35-year-old helmet law; effective in 60 days. Bikers who are under 21 and/or don't have 2 years riding experience and/or who haven't passed the Motorcycle Safety Program still aren't free and still have to wear a helmet.

Anatomy of a Liar - NHTSA's Paul Snodgrass lies to prevent Nevada Legislature from repealing their helmet law with SB 274.

Nevada - SB 274 - the full repeal bill failed in committee. NHTSA testified and lied against the bill.

California - AB 1200 - 18 + Helmet mod bill with medical insurance.

NHTSA - 2003 Helmet propoganda. PDF (56k)

Nebraska - LB 303- Bill to repeal NE's Helmet Law.

Washington - HB 1080/SB 5230 - 21 & over helmet mod bill. SB 5335 - Defines motorcycle helmets. SB 5457 - posting of caution road signs to protect bikers. SB 5229 - Provides for separate training for bikes & trikes.

Arkansas - HB 1024 - (Rep. Bledsoe) a bill to revoke Freedom of Choice for riders over 21 failed in committee! R.I.P.

Missouri - HB 137 - requires bikers under 21 to wear a helmet and SB 226 exempts bikers 21 & over from wearing one.

Mississippi - SB 2281 - relates to motorcycle helmets; revises requirement to wear.

New York - AB 589 - mandates helmets meet the federal safety standards and be impact-tested. SB 170 exempts bikers over 21.

Virginia - HB 1848 - 21 & over helmet mod bill passed the Militia & Police Committee (12-7 with 3 not voting). HB 1938 - helmet mod bill (21 & over) on Virginia By-Ways passed Militia and Police (13-5, with 4 not voting). Both go to the House; if passed go to the Senate.

West Virginia - SB 61 - requires bikers and passengers under 21, or any operator licenced less than 2 years, to wear helmets.

EPA Bike Emissions Standards: The new national EPA standards could ruin motorcycling and NOT improve overall air quality. History | Analysis.

50 State DMV Website Review - We visited each state's DMV Website and found a wide range of support and awareness for motorcycles. Some sites feature motorcycle links, bike pictures and info prominently, where others have no mention of motorcycle info whatsoever. Eight sites were outstanding, 29 adequate and 14 down right dismal.

No one here is saying helmets don't offer some safety benefits. They do. But helmets also offer some safety risks... just like Air Bags do. But unlike Air Bags, helmets don't come with Warning stickers. This is VERY disturbing...

New Mexico - SB 239 - 2/3/03 - Here's one for the books: State Sen. Allen "Frankenstein" Hurt (R-Waterflow and a physician!) introduced SB 239, which would force the harvesting of organs for some bikers declared brain dead as the result of an accident if not wearing a helmet. We just spoke to his office and apparently Hurt has awoken from his moral coma and will be dropping the bill due to public outcry and, since already being brain dead himself, perhaps Hurt didn't like idea of his own bitter medicine! Idiot!

Pennsylvania - HB 152- 12/9/02- repeals its handlebar height law effective 2/7/03 and that bikes built after 1973 have headlights on day & night.

Michigan - HB-4823 - Helmet Mod bill - 21 and over with 2 years riding endorsement or completion of a MRF safety course; passed the House 5/29/03 (58 - 46 with 5 not voting) but was held up in the senate past it's deadline. ABATE has started a new bill.

Nevada - Nevada's helmet law is in crisis. The latest published opinion by the Attorney General, unbeknownst to her, spells out that it's impossible to comply and enforce with their helmet law with certainty. Even the Nevada highway patrol agrees. If your state's helmet law relies on FMVSS 218, read this to learn how to take out your law!

New Bike Crash Study - A key U.S. House committee has taken the first step toward updating the famous Hurt Study of motorcycle accidents by with $2 million for detailed safety research.

California - Gov. Gray Davis vetoed AB-2521, a bill to require all new and replacement traffic-actuated signals to recognize motorcycles and bicycles.

Michigan SB 1413 - a bill to make a person found guilty of causing injury to a biker or passenger, subject to a fine 5 times more than otherwise prescribed.

End of Two-Strokes? - The EPA is adopting strict emissions standards that could mean the end of two-stroke trail bikes and ATVsby 2006!

ABC News' "World News Tonight" Maligns Bikers with bogus Public Burden theory.

AMA Testifies on Capitol Hill - for Steps to Improve Motorcycling Safety calling on Congress to fund a new in-depth study into the causes of motorcycle crashes, before the U.S. House Subcommittee on Highways and Transit. The last study was completed and released over 21 years ago!

Massachusetts - SB1266 - placed with the Senate Way & Means Committee. They indend to 'study' the 'burden to society' caused by helmet-less riders. Specifically, the increased insurance and medical costs they believe will be incurred. A helmet mod bill has not progressed this far in 20 years. 4/2/02 - the Joint Committee for Public Safety voted a favorable "Ought to Pass" recommendation for SB 1266!

Missouri - SB-646 - Helmet Mod bill - 21+ years. Sponsor - Sen. Danny Staples (District 20). Last Action 1/30/02 - Voted "Do Pass S Transportation Committee."

Mississippi - HB500 - 21+ helmet mod bill with insurance rider moves out of the House Trans Committee for the first time.

West Virginia - HB 2156 - Helmet Mod bill (18/over with medical coverage) is now before the House Judiciary Committee.

NHTSA has released its Traffic Safety Facts 2000: A Compilation of Motor Vehicle Crash Data from the Fatality Analysis Reporting System and the General Estimates System. This report combines data from two key crash databases, providing statistics on traffic crashes of all severities. You can download a PDF copy from their website.

NHTSA - Reflective Motorcycle Apparel - The TREAD Act endeavors to make manufacturers report deaths and injuries due to faulty equipment. NHTSA is not limiting this to just original equipment, but also "Replacement Equipment" which they define as: "[all] motor vehicle equipment other than original equipment, and tires...[and] also accessory and off vehicle equipment, such as retro reflective motorcycle rider apparel and child restraints."

EPA To Adopt California Streetbike Emission Standards - New road motorcycles sold nationwide will be required to meet strict emissions standards set by the state of California beginning in 2006. Related previous article

BikeBags? BMW has patented a new airbag system and is planning to fit it to its motorcycles. It uses ultrasound to build up a picture of where and how the rider is sitting on the bike. If he or she is flung forward too quickly, or to one side, the patent claims the new system can fire an airbag in a way to catch the rider safely. BMW also claims the system will prevent injuries caused by the firing of the airbag and make the decision whether to fire or not. The idea of airbags on bikes isn't a new one. Honda has been developing an airbag system for years on its range of Advanced Safety Vehicle demonstration machines. Kit makers Dainese and Spidi have also worked on air bags deployed from your clothing. [Source AMA]

The AMA Challenges a Recent Report by the Insurance Institute for Highway Safety (IIHS) as a hopelessly flawed analysis of motorcycling fatalities.

New Single-Bike Crash Analysis indicates drinking, speed, inadequate brakes & steering, no license, night riding and curved roads are the top contributing factors in fatal accidents. It also cites an increase deaths for the 40+ demo with the largest number of deaths in the 20 - 29 age group.

Massachusettes - Helmet confiscation and Bike towing no longer allowed per State Police memo.

Michigan - HB 4823 - 21+ helmet mod bill passed the House Trans Committee, but didn't get the required 56 votes (10/31/01) needed to pass the House and was held over for the next legislative session.

Hawaii - DMV outlaws custom bikes? Scary. Check out their DMV's letter...

Oregon - HB2808 - 21+ helmet mod bill. Passed House 35 - 22 on 03/26. Moved to Senate Trans 3/28. In adjournment as of 7/7/01. Bill Status

Georgia SB-192 - Helmet Mod Bill for 18+ was read in the Senate and referred to committee - [no recent change]

New Mexico - Resolution 2051-2001 - Signed into effect. If an accident occurs between a motorcycle or bicycle rider and another vehicle, and the rider is not wearing "appropriate" headgear, and as a result head or spinal cord injuries occur... the operator of the other vehicle should be held harmless for the head and spinal cord injuries. [NOTE: As this reads now, the driver can be at fault and "should" be held harmless...]

Mass SB-1266 - a 21+ Helmet Mod Bill and SB-1267 a bill prohibiting ticketing for helmets that may not be in conformity with FMV218 except with proof the operator has actual knowledge of a determination of non-conformity. HB-1263 - 3/21/01 - Now this should wake up the opposition - a bill requiring ALL operators of ALL vehicles to wear a helmet. Yup, cars too! This is the bill to watch and see how the state deals with it. BRILLIANT!

Illinois Under Attack - 4 helmet bills have been introduced to enact mandatory helmet laws. House Helmet Bills: HB-3255 is for all riders. HB-3084 is for all riders under 18. Senate Helmet Bills: SB-1325 is for all riders and SB-1326 is for those under 18. All bills are going before various committees.

Protect Your Health Benefits! - We face a serious threat to continued health-insurance coverage under newly proposed federal regulations.

Maryland Statistics (1985 - 2000) - Instead of a decrease in death's, there has been a 1.04% increase in the Death to Accident Ratio (DAR) since Maryland's 1992 Helmet Law.

We Asked a Number of Helmet Companies, which of their helmets would provide the best safety benefits

Here's the full email correspondence...

Exhaust Pipe Noise Tickets - Fiction vs. Reality. In California, unlike speeding tickets where the cops have radar detectors that must be calibrated with proof read into the record of every speeding ticket taken to court, the equipment used to determine exhaust pipes excess noise are the cops ears, which by the CHP's own admission is subjective. Subjective enforcement of a law is by nature is arbitrary, inconsistent and against the law. Here are some facts and letters I used to fight my ticket.

DALE EARNHARDT- was killed when his helmet broke his neck. The neck can't handle the forces generated in a crash. Granted, Dale's crash scenario is different from a bike crash. He was strapped in and going 200 MPH, but the physics are same and too many riders have been injured, paralyzed and killed by the same inherent problems. Enter the HANS (Head And Neck Support) system that is being considered for required equipment in certain race events. Basically, the HANS system protects the driver by making his "safety helmet" safe. You mean they're not?

See: Andretti tests HANS, HANS Website, Understanding Head & Neck Trauma, Helmet Issues page.

Not Hannigan Again! If you're a Californian, or up on the rights issues, you know the name Maurice Hannigan. The Washington Times reports the National Safety Council is pushing for Maury to head up NHTSA. Under Hannigan, CA was a police state. Since his departure the CHP has regained it's humanity. If Hannigan were to get this appointment here's the math: Hannigan + NHTSA = Nightmare. BOLT is reportedly writing up a proposal to guide rights groups nationwide in opposing the NSC and Hannigan's appointment. Stay tuned for more info...

Condoms and Seat Belts by John Richens, Jan/00. Mr. Richens argues that it is human nature to live with and maintain a certain level of risk. If that level of risk is reduced (or perceived to be) as with seat belts or helmets, there is evidence that we will alter our behavior to increase the risk back to our desired level. With driving/riding increasing speed is often the method used, however going faster will surpass the abiliy of seat belts and helmets to provide the intented safety benefits, thus creating more accidents and/or worse ones.

CHP Bulletin 98-100 - Amazing written admission that states "determination of excessive noise is subjective." and "the CHP does not currently provide either the instrumentation or training necessary to conduct vehicle noise testing." The only thing "uniform" about noise law enforcement is that it is subjective from cop to cop!

REVIEW: CA Bike Registrations plummeted 1991-99. Or... how the helmet law is effective in reducing accidents.

California - Helmet tickets and most recently exhaust systems tickets have been changed to "Non-Correctable" equipment violations by the California Judicial Council (CJC) through misuse of the "Bail and Pentalies Schedule." More...

• Recent National News...
• 50 State Helmet Law Review - laws, history, activity state by state

National Agenda For Motorcycle Safety - In an effort to plan safety initiatives, a working group of respected experts in motorcycling, traffic safety, law enforcement, insurance, healthcare and research have been organized. The public is invited to read and make comment on their draft at http://www.ahainc.com/nams/.

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