Passes & Canyons Blog

Are you aware that your insurance company may be excluding you from coverage on accidents where you are on a motorcycle? It’s a crock of bull but it’s a reality. Some insurance companies refuse to cover injuries incurred while doing totally legal things, like riding motorcycles, even if you are in no way at fault.

How would you feel if you were sitting stopped on your bike at a stop light and some drunk who has already lost his license for driving drunk hits you. You were completely legal and he was completely illegal, and yet your injuries are not covered while his, if he has any, are. It can happen!

This is an issue raised more than 10 years ago by the American Motorcyclist Association, and it was presumably resolved by legislation passed by Congress in 1996. But a funny thing happened on the way to implementation: the federal agency charged with formulating the rules around the legislation wrote rules that directly contradicted the intent, making it absolutely legal for insurance companies to do this.

Well, Congress is trying again. The HIPAA Recreational Injury Technical Correction Act, Senate Bill 616, is now under consideration, and we all need to let our Congressional representatives know we want them to pass it.

The AMA makes it easy for you to tell your senator what you want. This page on their website lets you click to bring up a form letter addressed to your senators. We all need to press to make sure this legislation gets passed. Do it now! This is really important.

Did you know this? I didn’t. Heck, if you’d asked me I’d have had to admit I couldn’t even name the U.S. Secretary of Transportation. But I know it now. That’s her in the photo.

So Mary Peters has been making some news lately, and raising some hackles. In her efforts to promote motorcycle safety she is accused of ignoring the law that prohibits federal bureaucrats from lobbying for or against specific state laws. In the June 2008 issue of American Motorcyclist, the publication of the American Motorcyclist Association, they have this to say:

But that doesn’t appear to be stopping Transportation Secretary Mary Peters, who told U.S. senators and representatives she wanted to lobby states to divert federal money away from motorcycle safety training and awareness programs and instead push for mandated helmet use.

Here’s my take on this. She crashed on her Harley and escaped serious injury thanks in part to her helmet. Now she’s a helmet evangelist. I’ve seen this before. About 15 years ago there was a young woman who suffered a head injury when the guy she was riding with hit the median on Orchard Road while going about 70 miles an hour. This was the first time she had ever been on a motorcycle but she told reporters from her hospital bed that she intended to devote her life to making helmet usage mandatory for all motorcyclists all the time. The difference between that young woman and Mary Peters is that Mary Peters is in a position to do something about her convictions.

Don’t get me wrong, there’s nothing wrong with advocating helmet usage. There is something wrong, however, with becoming focused so totally on helmets that you dismiss other, equally important safety factors. “Divert federal money away from motorcycle safety training and awareness programs”? I’ve made the point before that wearing a helmet is not a be-all and end-all in motorcycle safety. In the report I was discussing it said that “About 42 percent of riders killed were not wearing helmets.” And I responded that what that means then is that 58 percent were wearing helmets — and they were killed anyway.

That’s why I believe that diverting funds from motorcycle safety training to mandating helmets is wrong-headed. We all need to wear helmets at times; some of us wear them all the time. We should all also take an occasional refresher training course. The Motorcycle Safety Foundation and ABATE have expanded their offerings lately due to demand. What we don’t need is some bureaucrat, even one who rides, cutting training funds.

Oh, and by the way, if the law says bureaucrats can’t legally lobby for or against specific state laws, I suggest the Secretary of Transportation ought to obey the law.

Update
I’ve written three follow-up posts on this subject:
Revisiting Mary Peters, Biker and DOT Secretary
Follow-up on Mary Peters, Secretary of US DOT
DOT Sec. Mary Peters Good for Bikers, Wrong on One Priority

Biker Quote for Today

Everyone crashes. Some get back on. Some don’t. Some can’t.