Archive for the ‘Motorcycle legislation’ Category

Colorado Edges Toward Allowing Lane Filtering

Thursday, March 14th, 2024

Larry Montgomery, ABATE’s state rep, awaits his turn to speak at the hearing.

A bill (SB24-079) to allow lane filtering by motorcycles when traffic stopped was passed out of House committee Tuesday and will now go to the floor. Let me back up, though, before I go forward.

I reported on this bill passing the Senate committee in February but I had been oblivious to later events. The situation is that apparently I depend too much on Stump, the ABATE of Colorado legislative liaison, to keep me up to date on these things. I assumed Stump would keep us advised on the progress of the bill but I guess maybe his main focus is on getting people to come in support of bills when they come up for hearings.

What that means in this case is that while I reported that the Senate committee OKed it on February 7, I did not know that on February 13 the entire Senate passed it, sending it over to the House. Oops. Big omission.

So it came to committee hearing in the House Tuesday, March 12, where it was passed on an 8-3 vote, sending it to the House as a whole. Its fate on the House floor is beyond my ken. I have no idea how the other members feel about this. But this time I’ll be watching and when it gets scheduled for floor debate I plan to be there to hear what is said.

In Tuesday’s hearing the list of witnesses wishing to speak pro or con was largely the same as in the Senate hearing. Several Colorado law enforcement agencies expressed their strong opposition, as did one fellow who is both a rider coach and an accident investigator. ABATE of Colorado maintained its neutrality, although State Rep Larry Montgomery, in his remarks, seemed to me to be leaning pro in that he said ABATE sees both sides but ABATE is a motorcyclist rights organization that strongly adheres to the philosophy that the rider should be able to choose. You can’t legally choose to filter if filtering is not legal.

Speaking in favor again were Nick Sands, representing the American Motorcyclist Association, and other individuals, including Tiger Chandler, representing the Coalition of Independent Riders and the Colorado Confederation of Clubs.

Several of the representatives expressed concern and two indicated they will seek to have amendments made on the House floor to address their concerns.

In the most forceful statements offered, the rider coach/accident investigator, Ed Shoenhite argued that Colorado motorcyclists are more privileged than they deserve or need to be and that they’re doing a “terrible job of keeping themselves alive.” He said that making helmets mandatory would do more than anything else to cut motorcycle fatalities in the state.

Countering such statements in their summation, one of the bill’s sponsors, Javier Mabrey, pointed out that no one in the opposition had pointed to any data from other states where filtering is allowed that show an increase in crashes or fatalities. In fact, most such data show a decrease in these incidents.

So now we’ll see what the House as a whole does, and then, if it passes, whether the governor will sign it. Neither is a certainty.

Biker Quote for Today

“It’s about the time I was riding my motorcycle, going down a mountain road at 150 miles an hour, playing my guitar.” — Arlo Guthrie

Senate Hearing For Filtering Bill Set Tuesday

Monday, March 11th, 2024

A hearing is set for Tuesday on motorcycle lane filtering.

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.

Hands-Free Bill Moves Forward

Thursday, February 15th, 2024

Twenty-two people testified in favor of this bill, while there were zero speaking in opposition.

Something has changed. I don’t know what, but a switch has been thrown.

I’ve been going down to the Capitol in support of bills to outlaw using cell phones while driving for years and they have never passed. This week at the Senate Transportation & Energy Committee hearing on SB24-065 (Mobile Electronic Devices & Motor Vehicle Driving) there was a palpable difference. There were 22 people who signed up to speak and all of them were in favor of the bill, with none opposed. And when it came to a vote the measure passed unanimously.

Not only that, the mood seemed to be one of “Well of course we need to pass this law. Why in the world would we not?”

Perhaps it is because–finally–everyone involved has seen all too many times the dangerous, sometimes deadly, aftermath of idiots driving with their attention on their cell phones rather than on the road. There is simply no denying any more that this is a scourge every bit as horrendous as drunk driving used to be. In fact, studies have shown that the driving ability of someone using their phone is almost indistinguishable from the driving ability of someone who is completely drunk. Who among us defends drunk driving? Who among us would defend using your phone while driving? Are you an idiot?

The battle is nowhere near won yet but it’s looking better than ever before. In the last session the bill was finally passed by the Senate but died in the House. This session it still needs to be passed by the Senate and then we’ll see what the House does.

In the past I have attributed the refusal of legislators to move forward on this because they themselves were guilty of exactly the behavior that would be outlawed. But as I said, a switch seems to have been thrown. The mood is very different. And that’s all the more reason why, when the bill comes up in the House, we all need to put extreme pressure on our representatives to get this bill passed. Finally!

You can bet I’ll be keeping you updated as this proceeds. Meanwhile, I’ll be sending a letter to the editor of The Denver Post recapping a lot of what I’m saying here, at a time appropriate to the issue. If you did, too, and we inundate them with them maybe we can get the newspaper to come out strongly behind this, too. Stay tuned.

Biker Quote for Today

Life may not be about your bike, but it sure helps you get through it.

Lane Filtering One Step Closer

Thursday, February 8th, 2024

A Senate committee on Wednesday approved a proposal to legalize lane filtering.

On Wednesday this week lane filtering took one step closer to reality in Colorado, though whether it makes it all the way is not at all a certainty. The bill was passed out of committee on a 6-1 vote.

The primary sponsor of SB24-079, Motorcycle Lane Filtering & Passing, Sen. Nick Hinrichsen, speaking to the Senate Transportation & Energy Committee, compared the reluctance of many people to buy into the idea of allowing filtering to the initial uncertainty when roundabouts were first becoming common. That reluctance faded as the public became familiar with roundabouts. He also noted that some motorcyclists will disregard the laws whether this particular one passes or not, and stressed that with his proposal, “we seek no protection for those individuals.”

Among those speaking in opposition were Pueblo Police Department Chief Steven Noeller, representing the Colorado Association of Chiefs of Police. He questioned the law enforcement ability to enforce and safely implement the law and argued that while lane filtering is commonly practiced in Europe, “we are not in Europe” and American driving habits are different (i.e., more aggressive) than over there.

Another speaker in opposition, Ed Shoenhite, a rider and RiderCoach, argued that this law would not make young riders safer, “it’s gonna get them killed.”

Jeff Jensen, with the Colorado Springs Police Department, said the issues addressed by this bill offer a “solution to a problem that does not exist. . . . The risks simply outweigh the rewards.”

ABATE of Colorado weighed in saying the group is neutral on the proposal, seeing pros and cons. The Colorado State Patrol did likewise.

The American Motorcyclist Association, represented by regional representative Nick Sands, took a position in favor of the bill arguing that it should be the motorcyclist’s choice. Others spoke in favor, both in person and online.

Hinrichsen summed up after testimony concluded noting that while road rage is a real issue, with the potential for some drivers to feel that motorcyclists were cheating, public policy should follow the data. He cited the example of roads where a lane is ending and the need for drivers to merge. Many feel that drivers who drive all the way up to the merge point before moving over are cheating, but studies have shown that that is the best and most efficient way for the two lanes of traffic to become one.

He argued that that same sort of data shows his proposal to be a positive change.

When called for a vote, Senators Lisa Cutter, Nick Hinrichsen, Cleave Simpson, Chris Hansen, Tony Exum, and Kevin Priola were in favor. Sen. Byron Pelton voted no.

Biker Quote for Today

Life is too short for traffic.

Two Bills Of Interest Coming Up At The Capitol

Thursday, February 1st, 2024

Do you see that woman on the opposite corner? If this idiot had come along five seconds sooner it would have been her he hit instead of me.

If you want your voice to be heard now is the time to speak up. There are two bills coming up in the Colorado legislature that are of interest to motorcyclists.

On Wednesday, February 7, at 1:30 in room 352 at the Capitol, there will be a hearing on SB24-079 (Motorcycle Lane Filtering & Passing). Here’s the bill summary.

The bill authorizes a 2-wheeled motorcycle to overtake or pass another motor vehicle in the same lane if:

The other motor vehicle is stopped or moving in the same direction of travel as the motorcycle;
The road has lanes wide enough to pass safely;
The motorcycle is moving at 20 miles per hour or less; and
Conditions permit prudent operation of the motorcycle while overtaking or passing.

A motorcycle rider overtaking or passing under the bill must not overtake or pass:

On the right shoulder;
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.

If you want to promote–or oppose–this bill come on down and have your say.

Then, on Monday, February 12, at 1:30 in room 352, there will be a hearing for SB24-065 (Mobile Electronic Devices & Motor Vehicle Driving). Here’s the summary on that one.

Current law prohibits an individual who is under 18 years of age from using a mobile electronic device when driving. The bill applies the prohibition to an individual who is 18 years of age or older unless the individual is using a hands-free accessory. The following uses are exempted:

By an individual reporting an emergency to state or local authorities;
By an employee or contractor of a utility when responding to a utility emergency;
By a first responder; or
By an individual in a motor vehicle that is parked.

The penalties for a violation are:

For a first offense, $75 and 2 license suspension points;
For a second offense within 24 months, $150 and 3 license suspension points; and
For a third or subsequent offense within 24 months, $250 and 4 license suspension points.

A violation will be dismissed if the individual has not previously committed a violation, produces proof of purchase of a hands-free accessory, and affirms, under penalty of perjury, that the defendant has not previously claimed this option to dismiss.

Current law requires a peace officer who makes a traffic stop to record the demographic information of the violator, whether a citation has been issued, and the violation cited. The bill clarifies that the peace officer must record whether the bill has been violated.

The executive director of the department of transportation, in consultation with the chief of the Colorado state patrol, is required to create a campaign raising public awareness of the requirements of the bill and of the dangers of using mobile electronic devices when driving.

I don’t know about you but I could not endorse this bill more strongly, and I do plan to be there to testify. With my recent T-boning by some guy whose eyes were somewhere far from the road I have a really personal interest here. And while I was unhurt, viewing the dash cam video captured by the car behind the guy who hit me, it is clear that if that guy had been about five seconds sooner he would not have hit me but would have hit–and very possibly killed–a woman who crossed the street just before I got to the intersection. What is wrong with these people!!?

Now, if you can’t make it down to the legislature you should at least contact your senator and representative and tell them you support these measures. It’s that kind of personal contact that sways their votes. This is important.

Biker Quote for Today

I love motorcycles because you only ride forward, away from all the crap you’ve left behind.

Colorado Congress Members And Motorcycling

Thursday, June 8th, 2023

Riding up Pikes Peak.

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.

‘Murder Cycles’ and ‘Organ Donors’

Monday, April 17th, 2023

Obviously these guys don’t care what happens to their organs if they die. Right?

I had a boss once whose favorite term for motorcycles was “murder cycles.” She hated them and believed that anyone who rode one would surely end up dead beside the road. Thirty-five years later, she is dead, of natural causes, and I’m still very much alive and very much still riding motorcycles.

Other people like to refer to motorcyclists who ride without helmets as “organ donors.” Both of these pejoratives are based primarily on ignorance but hey, we who ride are used to provoking ignorant people to dispel any doubt about who they are.

But sometimes we encounter someone who wants to take things a little too far. This is the case at the moment in Connecticut where a state senator, with the convenient name of Martin Looney, has proposed a bill mandating that anyone who dies in a motorcycle crash without a helmet is deemed to be offering their organs for transplant. Here’s the text of the bill:

AN ACT ESTABLISHING A REBUTTABLE PRESUMPTION THAT PERSONS KILLED IN A MOTORCYCLE ACCIDENT WHILE RIDING WITHOUT A HELMET WISH TO DONATE THEIR ORGANS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
That the general statutes be amended to establish a rebuttable presumption that a person who is killed in a motorcycle accident while
riding the motorcycle without a helmet wishes to donate their organs.
Statement of Purpose:
To improve public health.

Don’t get me wrong, I’m all in favor of people donating their organs once they have no further use for them, but seriously? Why single out motorcyclists not wearing helmets? Why not a bill saying that all people who die prematurely, unless previously stated, shall be deemed organ donors. Or at least accompanying the unhelmeted motorcyclists with car drivers and passengers who aren’t wearing seat belts?

The American Motorcyclist Association issued a protest, saying:

“The bill shows callous disregard for the motorcycling public,” said AMA Government Relations Director Mike Sayre. “Organ donation is a noble cause that regularly saves lives around the country, but the decision to become a donor is a deeply personal one — one that this legislation would take away from motorcyclists.”

“Not only is this bill insulting to motorcyclists,” Sayre added, “but it also violates the religious liberty of those whose faith prohibits posthumous organ donation, and is clearly an unconstitutional violation of bodily autonomy for any American.”

How likely is this bill to pass? Who knows. Probably it won’t. But when the AMA contacted the senator’s office to inquire about the bill and spoke to one of his staffers, this was the upshot:

The staffer stated that their position was that if motorcyclists put their lives at risk by riding helmetless, they assume those riders don’t care where their organs end up.

Ignorance.

Biker Quote for Today

If you party like you ride, make sure to wear a helmet.

Inside The Biker Lane Splitting Discussions

Thursday, March 16th, 2023

Motorcyclists lane split in Bangkok, Thailand. Lane splitting is common practice in much of Asia and Europe. (Roland Dobbins via Wikimedia Commons)

While I don’t think anybody expects the lane splitting/filtering proposal currently in the Colorado legislature to pass, at least not this session, there continues to be discussion within the biker community of the issue. Here’s some of what is being said.

Not surprisingly, Stump, ABATE of Colorado’s legislative liaison, has been talking with legislators and others. This is from Stump:

One main concern is lane splitting with traffic moving at 40 mph. The sponsor’s main premise for lane splitting is that motorcyclists stuck in stop-and-go traffic when it’s 90+ degrees out, sitting on top of an engine making it a lot hotter, with an air cooled engine that isn’t getting any air, is both dangerous for the motorcyclist and bad for the motorcycle. But if traffic is moving at 40 mph, isn’t the rider and motorcycle getting air? I’m thinking it should be more like Utah and Arizona where traffic has to be stopped or at most traveling at 10 mph.

Another concern is that the bill specifies CSP and CDOT do the study. How about involving stakeholders such as motorcycle organizations, insurance companies, the trucking industry, and manufacturers. Virginia’s Lane filtering study invited 22 different organizations to participate and got a lot more pertinent data.

Also, the sponsor hasn’t explained the difference between lane splitting and filtering, which is something the legislators should know. Lane splitting is done primarily on freeways and filtering is done mainly on urban streets with speeds posted at less than 45 mph, filtering to the front of stopped traffic at traffic lights.

At my meeting with the bill sponsor this week, he informed me that these issues are going to be addressed. I don’t know if he plans to introduce an amendment about these concerns or just discuss them at 2nd reading. So, I’ve been addressing these concerns with 4 of my “friendly” legislators ensuring that these issues are addressed at 2nd reading, either with amendments or at least meaningful discussions.

Stump also sent around a photo with the the message, “Is this what Colorado is going to look like if lane splitting passes? (Note all the helmets too!)” That would be the photo above. And no, I seriously doubt this is what Colorado would look like. There are just a heck of a lot more motorcycle riders in Thailand than there will probably ever be here.

Deb had this to say:

Thanks for the update, Stump. Now I wonder if any/all of you saw the 9news report on this bill. The video shows a bike splitting between two cars on the highway while doing a wheelie.

Here’s the link to the video that showed yesterday. The part with the wheelie is about 1:57 in. Study may allow motorcycles to split lanes | 9news.com The reporter also made a short comment on the wheelie. The video this morning ran the part with the wheelie twice.

The segment really seems mostly pretty fair but the inclusion of that lane-splitter wheelying his way through traffic is very much over the top and does not strike me as a good journalistic thing to do. And guaranteed to make the general public strongly object to allowing this change.

So anyway, the thing is just hanging at this point. I’ll do an update when there is actual news.

Biker Quote for Today

Put vibrations in your life, marry a motorcycle rider.