Passes & Canyons Blog

As Senate Bill 24-065 (Mobile Electronic Devices & Motor Vehicle Driving) was coming up for its initial Colorado House hearing recently I was wondering–as I mentioned previously–if there would be opposition as there was two years ago claiming that it would be unfair to fine poor people who violated the law.

Thinking about that got me thinking about a different issues from what must have been 25 years ago. The connector here is well-intentioned people reaching conclusions that overlook extremely relevant factors. In the case of outlawing use of handheld electronics while driving (SB24) it is the idea of trying to help people who did not have to break the law while ignoring the very real impact on other people who did nothing wrong. If it’s not clear what I’m referring to please read the other piece linked to above.

The situation 25 or so years ago had to do with insurance and wearing helmets. Specifically, there were health insurance companies that were writing policies that said if you were injured in a motorcycle crash and you were not wearing a helmet they would deny your claim. Does that still happen or were laws passed forbidding that? I’m not sure but I suspect it is no longer an issue because it’s been a long time since I’ve heard it mentioned.

So anyway, my family was gathered at some point and this whole thing came up and my father offered his opinion that he saw nothing wrong with that policy. After all, people should wear helmets and why should the insurance companies pay if they refuse to protect themselves?

I nearly exploded. This is the gist of what I told him.

OK, let’s say I’m legally riding my motorcycle without a helmet. I’m obeying the speed limit and all the traffic laws and I have a motorcycle endorsement on my drivers license. Then I get hit but a guy who a) is speeding, b) runs a red light, c) does not have a license because he lost it due to DUIs, and d) is drunk. He veers off and hits a telephone pole and is also injured.

So everything I have done is 100 percent legal, while everything he has done is 100 percent illegal. Oh, and by the way, while I am badly injured, I have not sustained any head injuries, despite not wearing a helmet.

After all this, my insurance company says it will not cover my medical expenses because I was not wearing a helmet (legally!) but his insurance company will cover his medical expenses.

Are you telling me that is somehow fair and appropriate? Really?? Are you telling me this makes any sense at all??

OK, my Dad was a rational guy and he acknowledged the error of his thinking once I educated him on the matter. And that’s my whole point. There are plenty of people out there who favor or oppose policies we might know are respectively bad or good simply because they are not personally connected to the issue and have not given it more than cursory consideration. But once they are presented with more facts, a deeper understanding, they see the error of their thinking.

That’s what the motorcycling community has to do, continually. That’s what organization such as the American Motorcyclist Association, the various state ABATEs, the Motorcycle Riders Foundation, and others work to do constantly. And it’s what each of us needs to do when talking with non-riding friends and family members. We need to educate them. I mean this was my own father and he thought it made sense to deny his son coverage until I educated him.

Let’s all be educators.

Biker Quote for Today

Every ride is a tiny holiday.

Gov. Jared Polis signed Senate Bill 24-079 on April 4 and motorcycle lane filtering will now be legal in Colorado starting on August 7. Mind you, that doesn’t mean you can just go crazy with it the way I’ve seen many people do in cities in Europe. There are rules about what you can do and under what circumstances. Let’s go through the law.

As written, the bill first went through several examples of how filtering has been found safe and reasonable in other places. For instance:

A 2009 “Motorcycle Accidents In Depth Study” by the European Association of Motorcycle Manufacturers that was conducted in five European countries found that 0.45 percent of motorcycle crashes involved lane splitting and that motorcyclists were seven times more likely to be hit while stopped compared to crashing while lane splitting

This list ended saying:

Lane filtering is prohibited in Colorado and can result in various citations, including violations of motorcycle lane restrictions and careless driving laws. Therefore, the general assembly determines that the act of lane filtering by a driver of a motorcycle, when done at speeds at or below 15 miles per hour and when conditions permit, is in the best interests of motorist safety.

Aye, there’s the rub–below 15 miles per hour and when conditions permit. Here’s what the law says. I’ll clean up the sections and legalese a bit to make it read more smoothly.

The driver of a two-wheeled motorcycle may overtake or pass another motor vehicle in the same lane as the motorcycle if the overtaken or passed motor vehicle is stopped and if the motor vehicles in the adjacent lanes traveling in the same direction are stopped and the motorcycle is on a road with lanes wide enough to pass safely and if the passing motorcycle is driving at fifteen miles per hour or less and conditions permit prudent operation of the motorcycle while overtaking or passing.

OK, so traffic has to be stopped, you have to have room to pass safely, and you can’t be going more than 15 miles an hour. But there’s more. When traffic starts moving again you have got to get back in your lane and start moving with traffic again. Then:

A person overtaking or passing pursuant to this subsection shall not overtake or pass on the right shoulder or to the right of a vehicle in the farthest right-hand lane if the highway is not limited access or in a lane of traffic moving in the opposite direction.

OK this is the part that I’m not clear on. You can’t pass on the shoulder or to the right of the right-most lane of traffic. But: “if the highway is not limited access.” So does this mean that on a limited access highway, such as an interstate, you can legally pass on the shoulder? That sure seems to be what it says. So you are limited on city streets or most highways but not on the really big roads. Is that correct?

As for the city streets situation, it was my impression during the hearings that some of the legislators were thinking this behavior would not be allowed on city streets but I see nothing in the bill that rules that out. And let’s get real, it’s exactly that filtering that is so commonplace in other places. Heck, in California one time I did that myself at a traffic light on a city street along with a bunch of other riders. The lady in the front car was familiar enough with the practice that she stopped back from the intersection enough to provide room for us to pull in in front of her.

Another thing I’ll be watching for is that to my knowledge, this law does not apply to scooters. By that I mean those 50cc and smaller two-wheelers that are not counted as motorcycles. This was an issue brought up in the hearings. Small scooters like that are not allowed on big highways anyway but they are certainly allowed on city streets. And if you start seeing motorcycles filtering on city streets I’m betting the scooter folks will start doing it, too. Could get interesting.

Now, as is customary with something like this, the legalization of the practice is for now temporary. In four years the law will be nullified unless the legislature extends it. To that end, the Colorado Department of Transportation is mandated to keep records and produce a study of the effects and present that study to the legislature by January 1, 2027.

So happy riding out there. But remember, don’t do any filtering before August 7. Then for pete’s sake, do it safely. We don’t want the law repealed in four years.

Biker Quote for Today

You might be a Yuppie biker if you refer to your bike as your “toy.”

We all know how many motorcycles die: they get crashed and that’s that. But what about those that don’t get crashed? If they don’t keep going, why not?

I know the answer to that now. It’s all about the Benjamins.

I bought my Kawasaki Concours new in 1999. I have ridden it something over 80,000 miles. In July of last year it overheated going up to the Eisenhower Tunnel and I had to have it hauled home. Then I took it to a shop to have that all put right. But when I got it back it was not all right. Now the throttle refused to back off properly, so I took it back to the shop. It has sat there for three months now not getting worked on.

In the meantime, the last time I went by, planning to take it for a short ride, it had developed an oil leak. After three months of not getting worked on I decided to take the bike to a different shop, so I started calling around. It appears that getting the work done that the bike needs would run me at least $1,000. Meanwhile, I had decided that the time has come to let go of this bike. It has always been a very heavy bike and I am getting older. I can still handle it OK but for how much longer? But it seems doubtful that I could find a buyer willing to pay even $1,000 for it.

The big no-brainer question: why would I pay more than $1,000 for repairs and turn around and sell it for less than $1,000?

One of the places I called about repairs was Steele’s Cycle. Yeah, they could definitely fix it; working on older bikes is their specialty. On the other hand, I could sell it to them either as salvage or, more likely in my opinion, in my hopes, so they could do the repair work and then put it on their used bike floor and sell it. Other than the throttle and the oil leak there’s not a thing wrong with it and it can easily run many, many more miles. And they will give me about $300 to $400 for it, according to Rick, the owner.

So let’s see. Pay more than $1,000 to have it running good again and then sell it for less than that, or sell it as-is with no additional costs and get a few hundred bucks. It’s really sad to say it but I’m planning to have the bike hauled over there–probably on Tuesday–and take whatever they’ll give me for it.

I have loved this bike. This bike has taken me so many places, and I have done so much on this bike. I really hate the idea of abandoning it. Walking away from it after all the good times it brought me. But what am I going to do? Keep pouring money into it? Especially when I’ve already made the decision to move on from it. This will be the first time I have let go of a motorcycle I owned.

And about that. My first ever bike was/is my 1980 Honda CB750 Custom. I still own and ride that bike. And as my first bike I am deeply in love with it. It is in bad need of some work of its own and at some point this year I will pay whatever it costs to get this work done. This is how one bike dies, while another continues to live and continues to run. Sometimes it’s not about the Benjamins.

Biker Quote for Today

100 reasons not to date a biker: 17. We spend more on tires than we spend on you.

A bill to permit lane filtering, after passing out of the Senate on March 13, went to the House and passed on third reading on March 18. Then it went back to the Senate for reconciliation and was repassed by the Senate as it had been amended. Unless I’m missing something I believe this means it is now headed to the governor. Holy smokes, is Colorado going to permit filtering? What’s the word Gov. Polis?

Meanwhile, a bill to prohibit use of electronic devices while driving (except for hands-free operation) was passed on third reading by the Colorado Senate on March 15 and sent to the House, where it has been scheduled for hearing at 1:30 p.m. on Wednesday, April 3. This is the big one. If you can make it down to support this bill please do so. In the last session a preceding bill made it through the Senate but died in the House. Let’s get it through the House this time.

Here’s the note sent out by Stump, legislative liaison for ABATE of Colorado:

SB24-065 (Use of Mobile Electronic Devices While Driving) passed the 3rd reading in the Senate on Friday, 3/15 and has been assigned to the House Transportation, Housing, and Local Government (H-THL) Committee. Below are the names and contact information for the members of the H-THL Committee. It hasn’t been scheduled yet (it has now–Ken), but I’ll let you know when it is. Please take a few minutes to urge your support for the bill and contact your Representative. It can be as simple as “vote yes on SB24-065” or you can elaborate as to why they should support the bill. D-5, D-13, and D-17 have members who are constituents of some of these committee members, so don’t forget to mention that if you see your Representative on the list.

Froelich, Meg – 303-866-2921 – meg.froelich.house@coleg.gov
Lindsay, Mandy – 303-866-3911 – mandy.lindsay.house@coleg.gov
Boesenecker, Andrew – 303-866-2917 – andrew.boesenecker.house@coleg.gov
Catlin, Marc – 303-866-2955 – marc.catlin.house@coleg.gov
Frizell, Lisa – 303-866-2948 – lisa.frizell.house@coleg.gov
Jodeh, Iman – 303-866-2919 – Iman.Jodeh.house@coleg.gov
Mauro, Tisha – 303-866-2968 – tisha.mauro.house@coleg.gov
Parenti, Jennifer – 303-866-2924 – jennifer.parenti.house@coleg.gov
Valdez, Alex – 303-866-2925 – alex.valdez.house@coleg.gov
Vigil, Stephanie – 303-866-2937 – stephanie.vigil.house@coleg.gov
Wilson, Don – 303-866-2191 – don.wilson.house@coleg.gov

This is all pretty amazing. Are we going to get both of these bills passed this year, finally? I’m not counting any chickens before they hatch because eggs do get broken unexpectedly. But it actually looks possible. Keep those fingers crossed. And contact your rep telling them how you want them to vote. They really do pay attention when people take the trouble to contact them.

Biker Quote for Today

God didn’t create metal so that man could make paper clips!

If you want to support–or oppose–the bill currently in Colorado’s legislature that would legalize motorcycles filtering through traffic when traffic stopped, then get down to the Capitol on Tuesday at about 1:30 pm. I know I’ll be there.

Stump, the ABATE of Colorado legislative liaison, sent out the following action alert that I’ll just copy and paste in.

SB24-079 (Motorcycle Lane Filtering & Passing) has just been scheduled for a hearing with the House Transportation, Housing, and Local Government (H-THL) Committee for Tuesday, March 12th. It will be at 1:30 pm in room LSB-A (1st floor in the building across 14th St., south of the Capitol – you must enter through the basement). Below are the names and contact information for the members of the H-THL Committee. Please take a few minutes to voice your concerns about the bill. The latest version (reengrossed) of the bill can be read at http://leg.colorado.gov/bills/sb24-079.

Attendance at the hearing would show that ABATE is concerned with legislation affecting motorcyclists whether you personally are for or against the bill. If you plan on testifying, either in person or remotely, you must register on line before the hearing. Here is the link to register: https://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/signIn.xsp. If this doesn’t work or for future reference, you can find this link at www.leg.colorado.gov. On the home page, cursor to “Committees”, then “Public Testimony Options” in the drop-down box. Easy-Peasy! The sign-up list is already available.

Froelich, Meg – 303-866-2921 – meg.froelich.house@coleg.gov
Lindsay, Mandy – 303-866-3911 – mandy.lindsay.house@coleg.gov
Boesenecker, Andrew – 303-866-2917 – andrew.boesenecker.house@coleg.gov
Catlin, Marc – 303-866-2955 – marc.catlin.house@coleg.gov
Frizell, Lisa – 303-866-2948 – lisa.frizell.house@coleg.gov
Jodeh, Iman – 303-866-2919 – Iman.Jodeh.house@coleg.gov
Mauro, Tisha – 303-866-2968 – tisha.mauro.house@coleg.gov
Parenti, Jennifer – 303-866-2924 – jennifer.parenti.house@coleg.gov
Valdez, Alex – 303-866-2925 – alex.valdez.house@coleg.gov
Vigil, Stephanie – 303-866-2937 – stephanie.vigil.house@coleg.gov
Wilson, Don – 303-866-2191 – don.wilson.house@coleg.gov

Thanks in advance for your participation in the legislative process.
Stump

As of today no hearing date has been set for SB24-065 (Mobile Electronic Devices While Driving). I’ll be putting that date up here when it has been set.

Biker Quote for Today

You might be a Yuppie biker if you have never kick started a bike before.

How’s this for a scenario: Your dealer where you bought your motorcycle 12 years ago just told you that it’s too old, they don’t want to work on it any more. You’ve just been fired as a customer. Fine, you’ll go find some independent shop where they work on old bikes.

But each shop you go to tells you they can’t work on your bike because it requires specialized equipment and knowledge that the manufacturer deems proprietary information. You now have a very heavy, very expensive paper weight.

Does that sound a bit extreme? Maybe it is but that part about proprietary information and equipment is very real, as is the whole business of being fired as a customer. What can be done about this?

Both the AMA (American Motorcyclist Association) and MRF (Motorcycle Riders Foundation) have sent me emails recently urging me to contact my Congressional representative to push them to support H.R. 906, the “Right to Equitable and Professional Auto Industry Repair Act or the REPAIR Act.” I’m passing this on to you.

I thought for sure one of the emails had more specific information, something about it coming up for some vote or something, but for the life of me I cannot find any such email. Dang.

Well, nevertheless, here’s the scoop. Quoting the MRF:

The REPAIR Act ensures that vehicle owners or repair shops are not denied access to the information, software or tools needed to work on vehicles. The proposed law also establishes rules regarding vehicle data access. This commonsense law will help preserve consumer choice and a fair marketplace.

Then there is this from the AMA:

Do you believe in the Right to Repair your own motorcycle? Politicians in Washington want to limit your ability to repair, maintain, and modify your motorcycle.

The AMA is working closely with members of Congress to fight for your Right to Repair, the simple idea that when you purchase something — like your motorcycle — you should have the right to repair it or seek an independent repair shop to do the work, and manufacturers must make the parts and information needed for repairs available to the public for a fair and reasonable price.

In the House of Representatives, the AMA is advocating for passage of H.R. 906, the REPAIR Act (Right to Equitable and Professional Auto Industry Repair). This legislation will ensure that motorcyclists and independent repair shops have access to the tools, parts and information needed to repair motorcycles.

Right now there are three Colorado representatives who have cosponsored this bill: Rep. Pettersen, Brittany [D-CO-7]; Rep. Neguse, Joe [D-CO-2]; and Rep. Caraveo, Yadira [D-CO-8]. If your rep is someone else maybe you could drop them a line and push them to add their name to the list. I need to do that with Diana Degette.

Go ahead and give your rep a nudge. They’re there to work for you. Make them earn their pay.

Biker Quote for Today

“Try to remember the reason you started riding a motorcycle in the first place. For me, it was a couple of things but mostly rebellion.” ? Sonny Barger

Mark Buckner, a long-time motorcycling advocate in Colorado, recently emailed around a synopsis of his efforts to connect with members of Congress from Colorado in regard to their support of motorcycling connected legislation. I’m not going to just copy the whole thing here, but I will do the Reader’s Digest version. If the people representing you don’t support your positions you might want to contact them. Sometimes they just need to be educated as to why they ought to take a specific position.

Starting with the Senate:

Senator Michael Bennet: Stump (ABATE of Colorado legislative liaison) tried unsuccessfully to schedule a meeting. He left materials addressing issues and also a business card.

Senator John Hickenlooper: Ditto

Congresswoman Diana DeGette, 1st Congressional District: General Notes: Has not been supportive in the past. We had a meeting scheduled with Congresswoman DeGette’s aide Nicholas Anozis but were unable to attend due to travel complications in getting to the House Office buildings.

Congressman Joe Neguse, 2nd Congressional District: General Notes: Has been friendly and supportive in the past. Has signed on to prior Right-to-Repair legislation. Interested but non-committal on a number of other issues.

Congresswoman Lauren Boebert, 3rd Congressional District: General Notes: Friendly; supportive of motorcyclists’ issues. Congresswoman Boebert rides; so does her (ex-) husband. Generally supportive of most motorcycle-related issues.

Congressman Ken Buck, 4th Congressional District: General Notes: Friendly; As always, supportive of motorcyclists’ issues.

Congressman Doug Lamborn, 5th Congressional District: General Notes: Friendly; As always, supportive of motorcyclists’ issues. Congressman Lamborn rides, and some of his aides ride as well.

Congressman Jason Crow, 6th Congressional District: General Notes: Not particularly supportive of motorcyclists’ issues; mainly interested in veteran issues.

Congresswoman Brittany Pettersen, 7th Congressional District: General Notes: Possibly 60% favorable toward motorcyclists’ issues? On the fence on many of our issues but is approachable.

Congresswoman Yadira Caraveo, 8th Congressional District: General Notes: Newly elected; first term in Congress; not supportive of our issues when she served in the Colorado state legislature.

That’s the run-down. I wonder what it would take to get some of these Democrats to take an interest in motorcycling issues the way that the Republicans do. These people are missing a bet.

Biker Quote for Today

The road less traveled can cause inner peace.

If it has never happened to you, you are an extreme rarity. By “it” I mean getting stopped by the cops. And when you do get stopped by the cops there are certain things you really should or should not do.

There is a Midwestern law firm called Hupy and Abraham that has put out an article called “10 Rules for Dealing with Police,” which is worth reading. None of this is mind-blowing; it’s really just common sense. But we know how little common sense some people exhibit sometimes. It won’t hurt to run through the list quickly just to refresh your memory about these sorts of things. I won’t just copy and paste it here because I’m not sure about copyright issues, but I’ll give the list and a few comments of my own.

Remain Calm and Cool — This is self-explanatory. We’ve seen all to often of late what can happen if you try to run or you get aggressive toward a police officer. Remember, they have guns. Just cooperate with them.

Never Touch an Officer — Again, totally self-explanatory. Don’t be stupid.

Do Not Give Up Your Rights — If you agree to a search of yourself or your vehicle you won’t have much of a leg to stand on if things go some way you did not expect. Be polite but firmly decline a search. If you choose not to speak or answer questions without a lawyer present, tell them that and then keep quiet.

Ask if You’re Being Detained or Are Free to Go — You have a right to know what’s happening. Ask politely.

Refuse Most Searches — Insist that they have a warrant. They can still pat you down for weapons, and do not resist this.

Do Not Confess to Wrongdoing — You have a Fifth Amendment right against self-incrimination.

Keep Silent, Do Not Lie — If you wish to remain silent until a lawyer is present, state that clearly. Then keep quiet. And certainly don’t talk and lie–you would really be asking for it then.

Ask for a Lawyer — If you want a lawyer say so immediately. If you are permitted a phone call and you call a lawyer the officers are prohibited from listening to your conversation.

Demand a Warrant for Entry into Your Home — Again, self-explanatory.

Report Misconduct Later and Do Not Argue — Do not resist. This is not the time to argue. Make mental notes of what you feel is wrong and write those down as soon as possible afterward. Then file a formal complaint.

OK, clearly, these are not all “stopped going down the road” sorts of tips. These are tips for any time you deal with the police. Again, I have paraphrased and abbreviated. If you want to read the whole thing visit the website.

The number one key thing here, in my opinion is, Don’t Be Stupid. Being totally in the right means nothing if you’re dead.

Biker Quote for Today

You know you’re a biker when you have more pictures of your bike than your kids and grand kids.