NCOM NEWS BYTES
compiled and edited by Bill Bish - May 2001
National Coalition of Motorcyclists (NCOM)
NCOM CONVENTION "JUST KEEPS GETTING BETTER!" As NCOM
Chairman Doc Reichenbach was making last minute preparations for
the 16th Annual NCOM Convention in Orlando, Florida, May 10-12,
2001, he told Bill Bish, NCOM Executive Director, that ''I just
want everyone to say that this was the best Convention ever!''
By the time the National Coalition of Motorcyclists' Convention
wound down to the Silver Spoke Awards Banquet on Saturday night,
it was clear to the nearly 1,100 conventioneers that this really
was the best one ever! But, as Bish pointed out during his keynote
speech at the banquet, ''The funny thing is, that's what we hear
every year!''
Aside from the record attendance, full agenda and thought-provoking
seminars, one of the things that made this year's Convention special
was that we got to help ABATE of Florida and the Confederations
of Clubs of Florida, our Convention Hosts, celebrate their newly
won Freedom of Choice on helmets!
''Celebrate Freedom'' was the theme for the Convention, and Florida
now makes the fifth state to repeal their mandatory adult helmet
law in the five years since bikers from across the country worked
together to repeal the federal helmet law mandates.
But Freedom isn't just about helmets, and Convention seminars
focused on other proactive, pro-motorcycle legislation, such as
equal access (biker anti-discrimination), handlebar height repeals,
blue dot tail light laws, multiple bike parking and other ideas
that would benefit motorcycle riders.
''Freedom TO'' also means ''Freedom FROM,'' and the 2001 Convention
featured discussions about legislation and regulations that we
must address in order to maintain our rights to ride free, such
as universal construction standards that could impact the way
our motorcycles are made, and impending environmental regulations
that could choke the life out of motorcycling.
At the A.I.M. Attorney Conference, convention-goers learned about
legal efforts by our Aid to Injured Motorcyclists attorneys such
as protecting our First Amendment right of free speech regarding
wearing club colors, and fighting biker discrimination and police
harassment through the courts.
From the rousing Pledge of Allegiance led by Wisconsin State Senator
Dave Zien during the Opening Ceremonies, to the life-saving ''Accident
Scene Management'' seminar by Slider Gilmore that concluded the
conference, the 2001 NCOM Convention provided attendees with the
knowledge, information and motivation to lead the motorcycle rights
movement onward and upward.
Recipients of this year's Silver Spoke Awards were: GOVERNMENT
- Florida State Representative Nancy Argenziano; COMMERCE - Rey
Sotelo, Founder of Indian Motorcycle; MEDIA - Lee Love, founder
of Motorcycle NewsWire; LEGAL - Minnesota A.I.M. Attorney Stephen
O'Brien; the year 2001 RON ROLOFF LIFETIME ACHIEVEMENT AWARD was
presented to James ''Doc'' Reichenbach II, President and Lobbyist
for ABATE of Florida, Inc., and Chairman of the Board for the
National Coalition of Motorcyclists; and SPECIAL RECOGNITION -
"Rotten Roger" Hendricks, ABATE of Oregon. SPECIAL AWARDS
were presented to Florida State Senator Burt Saunders and Florida
State Representative Dave Russell, who were instrumental in getting
Florida's helmet modification bill enacted, and to the Kentucky
Motorcycle Association/KBA for their successful efforts to remove
motorcyclists from the state's anti-gang law.
Next year's NCOM Convention will be held at the Downtown Radisson
in New Orleans, Louisiana, May 9-11, 2002. Call NCOM at (800)
525-5355 for more details.
HEALTH CARE DISCRIMINATION AGAINST MOTORCYCLISTS LEGALIZED In
one of his first official acts as new Secretary of Health &
Human Services under President George W. Bush, former Wisconsin
State Governor Tommy Thompson, an avid motorcyclist himself, revealed
that after personally reviewing the interim final rules for nondiscrimination
in health care coverage, his office cannot find legal justification
to modify or disallow the new regulations.
In effect, this revelation revokes the efforts of multitudes of
motorcyclists who successfully lobbied Congress in 1996 to guarantee
access to medical benefits for employees injured in motorcycle
accidents. The new rules, which went into effect May 8, 2001,
basically say that motorcycle riders and participants in other
recreational activities cannot be excluded from health care coverage,
but benefits can be denied if the employee is injured while participating
in those activities.
The root of the problem is the McCarren-Ferguson Act, passed in
the 1940's to ensure that insurance benefits shall be regulated
at the state, not federal, level.
So, it's back to the drawing board for bikers rights advocates,
who are already busy preparing the next legislative plan to protect
riders' right to medical benefits...whether it be in Congress
or State Houses across the Nation.
SUPREME COURT ALLOWS ARREST FOR TRAFFIC OFFENSE A divided U.S.
Supreme Court ruled on Tuesday, April 24, 2001, that police may
arrest individuals for minor traffic violations or other misdemeanor
offenses normally punishable only by a fine, such as unbuckled
seat belts or public littering. By a 5-4 vote, the high court
declared that the Fourth Amendment, which bans unreasonable arrests
and searches, does not prevent police from making such arrests
without a warrant.
The case in question involved a Texas woman who was arrested for
driving without her seat belt fastened. After being pulled over
by an officer who noticed the violation, she told him she did
not have her license and insurance information because her purse
had been stolen the day before.
She was then handcuffed and taken to the local jail, where she
spend about one hour being processed and having bail set. She
pleaded no contest to the misdemeanor seat belt offense and paid
the fine, but then sued the city alleging they had violated her
constitutional rights and seeking compensatory and punitive damages.
The court rejected her historical argument that the common law
dating back to the founding of the country barred peace officers
from making warrantless misdemeanor arrests, except in cases of
''breach of the peace'' involving violence.
Timothy Lynch, director of the Project on Criminal Justice at
the Cato Institute think-tank said, ''The practical effect of
the ruling is that police officers can exercise 'extremely poor
judgment' and harass citizens for pointless reasons - and those
citizens are without legal redress.''
Lynch added, ''The Framers of our Constitution would frankly be
startled by the Supreme Court's cavalier treatment of the legal
threshold by which citizens can be deprived of their liberty and
thrown in jail.''
TEXAS POLITICIAN DONS LEATHERS FOR BIKERS' RIGHTS El Paso State
Representative Norma Chávez wore a black leather
vest with ''Legislative Warrior'' embroidered on the back when
she passed legislation to enhance the rights of motorcyclists
on April 20, 2001.
As she introduced the bill on the House Floor, she pulled her
hair back to help give her a ''biker look,'' according to the
Capitol Notebook written by Gary Scharrer in the El Paso Times.
''That is tough!'' House Higher Education Chairwoman Irma Rangel,
D-Kingsville, said in assessing Chávez's motorcycle
look.
Chávez's bill breezed to passage without discussion
and without a single ''no'' vote. Part of it is intended to stop
police harassment of motorcyclists who don't wear helmets. Only
motorcyclists younger than 21 are required to wear helmets. Chávez's
bill allows police to stop helmet-less motorcyclists only if they
appear younger than 21, and they cannot stop a rider to check
if their helmet meets DOT specifications. The bill also provides
greater accountability for a motorcycle education and safety fund
and attempts to reduce the waiting period for people trying to
enroll in the course.
''She truly is a Legislative Warrior,'' said Sputnik of the Texas
Motorcycle Rights Association and member of the National Coalition
of Motorcyclists Legislative Task Force, as he explained that
in order to make her point, she flaunted protocol by not wearing
a suit jacket while introducing the bill.
Chávez wore her Harley-Davidson earrings, but she
did not ride her Sportster to the Capitol. ''I left my Harley
in El Paso,'' she said. ''With the help of other Legislative Warriors
like Norma Chávez, we expect to get all of our bills
through this year,'' said Sputnik at the recent NCOM Convention,
''and we're well on track to become the next state to enact Equal
Access legislation.''
ARIZONA ENACTS PRO-MOTORCYCLE LEGISLATION ''As our Arizona Lobbying
Team waited in the gallery for our bill to come up, it became
apparent that the bills we were listening to had significant social
impact and that ours was important enough to have made it this
far,'' recalls Roger ''Priest'' Hurm of the day their motorcycle
safety bill passed the House and was eventually signed into law
by Governor Hull, allocating $1 per motorcycle registration to
be spent on programs that benefit motorcycle riders.
VWhen SB1037 was called for vote and the green lights started
showing up on the big board, with only 6 red lights, we knew we
had a winner,''
continued Priest, who is Chairman of the MMA of Arizona and member
of the board of the National Coalition of Motorcyclists. ''We
were then introduced by the Speaker, who made the comment that
he assumed we wouldn't be down there after todayâ?¦well,
Mr. Speaker, nothing could be further from the truth.
There were a lot of bills we heard that could have used some 'Biker
Logic' attached to them, so I believe our Team will be back down
there a whole lot.
Heck, we were just getting to know where the johns are.''
VIETNAM DELAYS HELMET LAW Bowing to public pressure in a country
where millions use motorbikes to get around, Vietnam's government
has shelved a plan to fine urban riders who do not wear helmets.
With accidents on the rise in chaotic streets crowded by millions
of motorbikes -- the chief means of transport in Vietnam, where
one in ten people ride -- the government had planned to begin
fining violators of a helmet law $1.40 starting June 1, 2001.
But according to an Associated Press article written by David
Thurber, many people complained that helmets would be uncomfortable
in the heat and humidity of the Southeast Asian nation and said
it would be impractical for hundreds at a time to carry them into
movie theaters, restaurants or wedding receptions.
Therefore, the government decided to indefinitely postpone the
planned fines in most cases, the prime minister's office announced.
''It is the third time Vietnam's Communist leadership has backed
down on enforcing the helmet law,'' reported the AP article.
Under a new proposal, fines would be imposed only on motorcyclists
traveling without helmets on highways, while those in cities would
be encouraged -- but not required -- to wear protective headgear,
it said.
There are 7 million motorbikes in Vietnam, whose population in
78 million. Vietnam's Communist government has had to modify or
withdraw decisions on a number of occasions because of popular
opposition. Last year, the Ministry of Trade imposed a customs
inspection fee but abolished it four months later after companies
protested it was too high and refused to pay.
ISLE OF MAN MOTORCYCLE RACES CANCELED OVER LIVESTOCK DISEASE The
Isle of Man TT motorcycle races became the latest sporting event
to fall victim to Britain's foot-and-mouth epidemic, as the island's
ministers have called off the world-famous races for the first
time since wartime because of fears that 40,000 visiting race
fans could spread the livestock infection.
The Isle of Man has so far remained free of the disease that has
affected more than 1,450 farms in mainland Britain. The TT races
attract huge international interest, partly because of the danger
of the two week race. Since 1907, almost 200 riders have died
on the island's perilous 37-mile ''Mountain Circuit.''
QUOTE OF THE DAY: ''We were free until we stopped fighting, now
no one has freedom. Chief Tawonka'' Inscription on Cigar Store
wooden Indian
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