Passes & Canyons Blog

A bill to bring back a universal Colorado helmet law appears to be in the offing.

The legislative update at our ABATE of Colorado D-10 meeting on Sunday brought news of a bill possibly in the offing that would reinstitute a helmet law here.

According to State Coordinator Bruce Downs, Rep. Paul Rosenthal had first stated that he would definitely such a bill in the upcoming session. Rosenthal then apparently backed off from that, indicating that he might work on developing a base with an eye toward introducing such a bill in the 2016 session.

ABATE has been cooperating with two other major motorcycle groups in the state, the Colorado Confederation of Clubs and the US Defenders, preparing to fight any such bill.

The groups have put together a letter that will be made available at numerous motorcycle events, such as ABATE’s Last Brass Monkey Run this week and the Colorado Motorcycle Expo (formerly Colorado Motorcycle Show and Swap). Riders will be asked to sign the letter and provide their address, and then the letters will be sorted by the signer’s representative. Should a bill be introduced at any point the letters will be hand delivered to the appropriate representative.

The idea is to be ready, and hopefully to have thousands of signed letters in hand to be delivered.

“There’s no way this is going away,” said Bruce of the attempt to reinstate the helmet law.

According to Bruce, the organizations sought a meeting with Rosenthal to discuss the issue but the representative made it clear he would not be swayed by their arguments.

Recent from National Motorcycle Examiner
Only a biker knows . . .: Motorcycle wit and wisdom, 35

Biker Quote for Today

Full Throttle – solves the problem or ends the suspense.

Can you tell these folks aren't in Nebraska?

If you live in Colorado there’s a good chance you occasionally ride in Utah and Nebraska, east and west of us. This current legislative session they’ve both had some potentially good bills introduced that have to do with motorcycles, but it doesn’t look like anything will make it into law.

In Utah they have a bill that would allow lane-splitting. Lane-splitting is when bikes go down the road between cars when the cars are stopped or slowed way down in traffic jams. California is the only U.S. state that currently allows this, and it works fine there. More than that, the rest of the world does it and it works fine all over the world. Go to Paris or Rome or just about any place of your choosing and see how well it works. Why do we have to be the dummies who think there’s something wrong with this?

Well, Utah is going to stay a dummy. According to a story in the Deseret News, “Several members of the House Transportation Committee said they had safety concerns about HB281, and they voted 7-1 to table the measure until more study is done.” Can you say “dead”? Why this euphemism about “tabled”? Well the guy who introduced it–a Republican I will note–said he’ll reintroduce it next session. Till then . . .

Over in Nebraska they’ve been kicking around the idea of repealing their helmet law. I don’t care how stupid you might think anyone is to ride without a helmet, I simply believe it should be the rider’s choice. I always wear a helmet these days (not true in my younger days) and so this law would have no effect on me, but I just don’t think it’s the government’s place to forcing us to be “safe.” Why don’t they outlaw using cell phones when you’re driving? They’d save more lives that way, if that was truly what they cared about. Of course they’d save even more lives if they just outlawed motor vehicles. You know what they say: If it saves even just one life . . . !

So will you be able to ride lidless in Nebraska soon? Not likely. As in, fat chance.

They do apparently have the votes to make it happen, if it could just come to a vote. But guess what? The opponents are filibustering it. Who cares what the majority wants, if we can keep it from coming to a vote the minority rules! I couldn’t have been more pleased when the U.S. Senate Majority Leader Harry Reid changed the filibuster rules there. The Republicans screamed bloody murder but you better believe they’ll be overjoyed for what Harry has done the next time they’re in the majority.

But hey, it’s just like baseball: There’s always next year.

Biker Quote for Today

“The motorcycle, being poorly designed for both flight and marine operation, sustained significant external and internal damage,” police noted.

You can get a free app that will tell you the helmet laws in every state.

I guess if you always wear your helmet it doesn’t matter what the helmet laws are in different states. But if you sometimes like to go without, you know how important it is to laws in different states you might ride in. There’s an app for that.

I got an email yesterday from Catherine Kazda at Buckfire & Buckfire, PC–which is to say they are attorneys–plugging this new app they have made available on their site for no charge. It will give you not only the state by state laws in the U.S., but also has information on Canada and Europe. Maybe some other places as well–I forget. The video goes into all that but my memory isn’t that good.

So it’s kind of a good idea. And I think it’s probably a great promotional idea for them. They apparently deal in motorcycle crash litigation so of course they want bikers coming to their website.

The app offers other information as well. It basically covers motorcycle laws in general, not just helmet laws. And they have a link on it to information on what to do if you’re involved in a crash. I’m sure one of the things it tells you to do is call an attorney, preferably Buckfire & Buckfire. But OK, it’s still probably good information.

So hey guys, your marketing plan is working. I’m passing this along, and I have already seen a link to some other site that did so, too.

Of course there is one other way to get all this information, though I don’t know if it’s quite as easy as a smartphone app. You can go to the American Motorcyclist Association site, to their page where they list all the state-by-state info.

And I guess I might as well tell a couple stories here because they’re totally related.

The first time John and Bill and I came down into Nebraska from the Black Hills we stopped at a wayside picnic area and got to talking to a guy there. Somewhere along the way he mentioned that we ought to be aware that “Nebraska is a bucket state.” He had seen us ride in without our helmets on. OK, thanks.

Another time, our first time in Nevada, we pulled into Vegas–coming from Arizona, I guess–and it wasn’t until after we had checked in to a hotel that we learned Nevada is a helmet state, too. We hadn’t been wearing ours. Oops. After that we made it a point to find out about states we were going to before we went there.

Recent from National Motorcycle Examiner
Motorcycle safety studies continue

Biker Quote for Today

You’re a biker wannabe if you grab for your hairbrush before your old lady.

Are you aware that when you renew your plates on your motorcycle(s) each year in Colorado you pay $4 that goes into a fund to help defray the cost of rider training courses? Also, anyone renewing their driver’s license with motorcycle accreditation pays an extra $2 that goes to the same fund.

This is all set in place because some years ago the motorcycling community asked for it. The general idea is that it is a good thing for everybody to have the folks riding motorcycles actually get some training so they can do it competently. The accompanying concept was that such a program could help to forestall proposals that Colorado institute a mandatory helmet law. That is to say, education and better riding skills do more to prevent traffic fatalities than wearing helmets. Or, to put it differently, crash prevention is better than having safer crashes.

Regardless of how you might feel about helmet laws, I don’t see how anyone can argue that it is not better to avoid crashing than to crash and not get hurt so badly.

The vehicle for this funneling of fees to rider training is Colorado’s Motorcycle Operator Safety Training program or MOST. MOST is now under attack, in some cases from organizations that originally supported its creation.

I could go on at great length with the history and background of what is currently going on, as ABATE of Colorado’s State Coordinator Terry Howard did with me, but I’ll give you the short version.

ABATE, Riders for Justice, some of the motorcycle clubs, dealerships, and others pushed for the training approach. Over the years the program was not given sufficient oversight and some problems developed. The Colorado Legislature this past year conducted an audit of the program and identified a number of issues. Several of those issues were immediately addressed and rectified and the rest will soon have been fixed.

In the meantime, however, new people have replaced the old, and in organizations such as the Colorado Confederation of Clubs (COC) which came into existence later, there is no understanding of the history of and reasons for the fees. Some of the previous supporters are now saying, “Why should we have to pay to reduce the cost for other people to learn to ride?”

In a twist that gives fits to Terry Howard, a Republican, the legislative audit committee was divided on party lines–with the Republicans being the ones she finds herself in opposition to. In the current anti-tax atmosphere, the Republicans on the committee are in favor of eliminating MOST and letting us keep our $4 and $2 fees. It is the Democrats who are saying, “The motorcyclists asked for this program, and for these fees to be levied on them, so let’s keep the fees and keep the program they fund.”

One other thing to keep in mind: If MOST is killed there is no certainty that the fees will be eliminated. We could end up paying the fees without getting the benefit.

The committee deadlocked in this past session, but it seems likely that Republican Rep. Marsha Looper, of Colorado Springs, will introduce legislation in the next session to kill MOST. This would be a good topic for all Colorado motorcyclists to learn more about, and then do what you can to educate your legislators, whether you support MOST or oppose it. Most of them don’t know anything at all about it.

Recent from National Motorcycle Examiner
NHTSA proposes additional naturalistic motorcycle safety study

Biker Quote for Today

Statistics show that most solo motorcycle accidents are caused by a defective nut holding the handlebars.

The Motorcycle Riders Foundation (MRF) sent out a release the other day that will make you just shake your head. They tell about a recent meeting with the National Highway Traffic Safety Administration (NHTSA) where the gap between the motorcyclists and the safety bureaucrats could not have been wider.

Rather than paraphrase it all I’ll just quote from the release:

The government safety group continues to deny that the recent drop in motorcycle fatalities could have anything to do with education and awareness, instead maintaining that that the decrease was a result of people riding less. However, the Motorcycle Industry Council (MIC) reported that during the same time period, 2008-2009, vehicle miles traveled for motorcycles were up 6.8% or 27.6 billion miles in the U.S. The MIC also reported that tire sales, a unique measure of motorcycle use, were also up 9.6% in 2008-2009.

NHTSA also continued to defend their discriminatory practice of funding motorcycle-only roadside checkpoints, including their recent $40,000 award to Georgia’s Department of Public Safety. The idea is based on no science or research, but simply the notion that pulling every motorcycle off the road at the discretion of law enforcement will “save lives.”

Another interesting note in this broadly focused release is information on how the incoming Republican Congressional leadership relates to the motorcycling community. The MRF says that John Boehner (R-OH), who will be the next Speaker of the House, “has been a long-time friend of the MRF and ABATE of Ohio, and we look forward to continuing working with him in his new role.”

The MRF also notes that “The new chair of the powerful U.S. House Committee on Transportation and Infrastructure (T&I) will be John Mica (R-FL). Representative Mica has been a constant supporter of the MRF and all of our initiatives, as well as a very staunch advocate for ABATE of Florida.”

That bit about Boehner puts an interesting perspective on things. I know that for far-left Democrats, Boehner is seen as really evil. And yet if you’re a motorcyclist you have to think that maybe there’s more to him than just “evil.” It goes both ways, of course. Far-right Republicans also seem to see certain Democrats as pure evil. Gosh, maybe that’s not really true.

You’ll notice I used the terms “far-left” and “far-right” rather than just “Democrats” or “Republicans.” That’s to make the point that most Americans are much closer to the middle than to the extremes, regardless of which party they’re affiliated with.

Excuse the political interjection into what is normally a motorcycle-focused blog, but just this morning I’ve been watching online the launch of an organization called No Labels, website www.NoLabels.org. The group’s basis is in pushing elected officials of both parties to put aside partisan bickering and do what’s right for the country. Wow, what a concept.

I’ll make a deal with you. I’ll stop demonizing your guy if you’ll stop demonizing mine. And then let’s both push them to get things done to get this country moving again, even if it means compromising with each other.

Biker Quote for Today

Dream as if you’ll live forever, live as if you’ll die today. –James Dean

We were coming down from the Black Hills and had been in Nebraska for about an hour when we stopped at a table along the road. There was another guy there, in a car, and we struck up a conversation with him. Along the way he mentioned, “This is a bucket state, by the way.”

Oh really? We hadn’t known that and we had been riding without helmets on. Oops. We had done the same thing a year or two earlier when we rode into Nevada for the first time. Somehow we got all the way to Las Vegas before we learned they required helmets.

Of course that was a long time ago, before the Internet, and we could be excused our ignorance. Back then it wasn’t easy to know what different state laws are. And if a state does require helmets, why the heck don’t they put up a sign at the border that says so?

There’s no excuse anymore for being ignorant of the laws in a state you’ll be riding to. The Internet does exist now, and one excellent place to check up on all states is a handy page on the American Motorcyclist Association’s website. You go there and there’s a map of the U.S. Click on the state you want to know about and it takes you to a listing of what they require and forbid.

The very first item on the list, presumably because this is the most common question, is the helmet requirements, if any. Other information includes the following:

• Safety Helmet
• State Funded Rider Ed
• Eye Protection
• Daytime Use of Headlight
• Passenger Seat
• Passenger Footrest
• Passenger Age Restriction
• Helmet Speakers
• Periodic Safety Inspection
• Mirror Left(L) Right(R)
• Radar Detector
• Turn Signals
• Muffler
• Maximum Sound Level
• State Insurance Requirements
• Handlebar Height
• Rider-Education
• Accept Motorcycle Endorsement From Other States
• Accept RiderEd Completion Card From Other States
• Motorcycles operating two abreast in same lane
• Lane Splitting
• Lemon Law Coverage

I’ll bet you didn’t even know that some states have requirements or prohibitions in some of these areas. Heck, you might even learn something about your own state laws.

Any by the way, the page also has separate legal requirements for off-road bikes. All in all it’s a lot of good information.

Recent from National Motorcycle Examiner
Fly and be groped or ride and have fun: Your choice

Biker Quote for Today

Remember when sex was safe and motorcycles were dangerous?