Passes & Canyons Blog

Doesn’t matter what you ride, this legislation affects us all.

As the Motorcycle Riders Foundation presses its legislative agenda again this year in Washington, DC, one issue is a call for clarity: What is a motorcycle?

It used to be easy to answer that question. In fact, it was defined in law way back in 1967: a motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with ground.

But now with these things becoming known as autocycles (think Polaris Slingshot) it gets stickier. And the problem is that requirements for motorcycle safety are not the same as requirements for autocycles. The MRF wants a new definition: a motor vehicle, as was originally manufactured, with motive power,having a seat or saddle requiring the rider to sit astride, designed to travel on not more than three wheels in contact with the ground, steering controlled by handlebars, acceleration and braking controlled by handlebar and foot controls and capable of reaching speeds in excess of 30 mph.

Let’s face it, these autocycles are more accurately described as three-wheeled cars, not three-wheeled motorcycles. We have actual three-wheeled motorcycles. Let’s keep them well sorted for the sake of statistics and safety.

Anti-profiling is another recurring concern. If the police want to stop all motorists and check for license and insurance, go ahead. But do not single out motorcyclists and ignore everyone else. The Senate previously passed a resolution opposing this but it didn’t make it through the House. This year it looks like the House may be ready to sign on, too. Good.

We all know that self-driving cars are coming. What we want to be sure of is that their sensors are good enough to detect smaller forms, such as motorcycles, and respond appropriately. The MRF position states: The Motorcycle Riders Foundation maintains that federal authorities must require robust testing of manufacturers of automated driving systems, guaranteeing they have accounted for motorcycle recognition and responsiveness. Any new legislation by this Congress,in either the House or the Senate,should specifically ensure that motorcycles are considered in the bill language. The MRF continues to meet with House Energy and Commerce Committee staff as well as Senate Commerce, Science and Transportation Committee staff to ensure motorcycles are considered in any legislation surrounding this new technology.

As federal mandates continue to promote plant-based ethanol in gasoline it continues to be necessary to do all possible to ensure that people don’t put the stuff in engines that are not designed to handle it. The MRF position: The Motorcycle Riders Foundation supports an educational campaign and warning label that will alert consumers further education on their part may be needed. By encouraging consumers to check their owner’s manual consumers, Americans will have the necessary knowledge to make informed decisions about the fuel they put in their engines. An educated consumer is empowered to make the right decision for their specific circumstances.

And lastly, the most minor of the MRF issues, is to urge members of Congress to join their body’s motorcycle caucus. This is where motorcycles get a real focus and ideas can spill out of there to fill in gaps in other legislation. Hey, we vote and we pay taxes–don’t give us short shrift.

Biker Quote for Today

A guy letting a girl ride his bike is like saying ‘I love you.’

Congress is in session and the Motorcycle Riders Foundation continues to press on motorcycle-focused issues that have arisen over the years. Shaping and passing legislation is not a one-shot effort, it requires tireless, persistent, sustained effort to finally get an idea enacted into law.

Each year the MRF organizes an event called Bikers in the Beltway, where organizations and individuals make an effort to speak with senators and congressmen and women to promote this legislation and to educate these elected officials about the issues. This year and last the effort was less in person than usual and more virtual. But it was done, and that was in early May.

The number one priority for the MRF this year has been the once-every-five-years highway bill. The group’s position states: The highway bill is a vital part of our transportation policy making system. The opportunity to dramatically impact our surface transportation system comes around only once every five years. Using this legislative vehicle to include important motorcycle specific priorities is a must. The House wisely included many of these provisions during committee markup in 2020. The Motorcycle Riders Foundation is encouraged by the work of the House in 2020 and seeks continued support for motorcyclists in any permanent bill.

The priorities in the bill are:
• Preserving the Motorcycle Education & Awareness Program Grant Funding. (Sec. 3001)
• Preserving the ban on federal funding for motorcycle only checkpoints.(Sec. 3011)
• Preserving the Motorcyclist Advisory Council (MAC) to advise the FHWA (Federal Highway Administration).(Sec. 3013)
• Preserving language that collects motorcyclist profiling data.(Sec. 3505)
• Preserving mandate that autonomous vehicles must detect and respond to motorcycles.(Sec. 5304)
• Preserving the NHTSA (National Highway Traffic Safety Administration) Lobbying Ban and expand to other federal agencies.
• Preserving the language that motorcycles are not considered single-occupancy vehicles for HOV lane access.
• Ensure that motorcycles are not banned from federally funded roads.

Some of these issues are obvious. Motorcycles not banned from federally funded roads? Well, duh. Why is it even necessary to state that explicitly in law?

Others not so much. Preserve the NHTSA lobbying ban? I’ll go into details on some of these in my next couple posts.

Meanwhile, if you care about your rights and safety as a motorcyclist you might consider supporting at least one of the several groups working for all of us at both the federal and state levels.

Biker Quote for Today

Oh, my lifestyle offends you? Go hold your breath till I give a damn.

The Motorcycle Riders Foundation (MRF) released its legislative agenda for the coming year and it looks much like last year’s agenda. That’s how these things work: You chip away year after year until you finally reach your objective. There are few easy fixes.

The MRF, just to recap, is the national motorcyclist rights organization that works in Washington, DC, with Congress on issues of importance nationally to riders. Meanwhile, all the local and state ABATEs provide the same function on the state levels.

Here’s the MRF agenda. I’ll add a few notes on some of them.

• Profiling: Continue pursuit of the House anti-profiling resolution mirroring the Senate version that passed unanimously. Build momentum for inclusion of anti-profiling language in other legislation. (This is to halt the practice of law enforcement agencies setting up checkpoints solely for motorcyclists; if you want to stop all motorists and check for valid licenses, etc., that’s fine, but not just motorcyclists.)
• Renewable Fuels: Advocate for targeted changes to the Renewable Fuel Standard (RFS). (This is aimed at protecting motorcycle engines from the negative effects of too-high ethanol content in gas.)
• Autonomous Vehicles: Advocate and monitor any legislation or regulations related to motorcycles concerning connected and autonomous vehicles. (Make sure autonomous vehicles see and recognize motorcycles.)
• Emission Regulations: Engage the EPA & Congress on any activity related to motorcycle emission regulations.
• Definition of a Motorcycle: Educate policymakers and advocate for change to current definition, that better reflects the current two- and three-wheel motorcycle landscape. (Ensure that regulations affecting motorcycles are based on statistics truly related to motorcycles, i.e., two-wheeled vehicles primarily, and treat three- and four-wheel vehicles as a different class of vehicle.)
• Crash Avoidance: Continue to promote the theme of crash avoidance versus safer crashing urging NHTSA and the DOT to focus on crash prevention and rider education.
• Helmet Laws: Oppose any mandatory federal helmet, apparel or conspicuity standards.
• Black Box: Pursue legislative language that any collected or available vehicle data is the property of the consumer and in which the consumer has the choice to opt-out of having their personal data communicated to interested parties.
• Surface Transportation Reauthorization (Highway Bill): Advocate and pursue legislative efforts that impact motorcyclists in the Highway Bill, now set to expire in 2021.

Seriously, I wouldn’t expect many of these items to be checked off a done a year from now but if the MRF was not there doing its work it is easily imaginable that these situations could get worse. At the very least, preventing backsliding is itself a worthwhile objective.

Biker Quote for Today

So when push comes to shove, get the Harley revved up, the moon can eclipse even the sun. — Lou Reed

ABATE of Colorado State Representative Bruce Downs testifies at the state capitol.

I was going to put up another Examiner Resurrection about efforts by a few Congress members to put a damper on the then-new practice of setting up motorcycle-only checkpoints.

I thought that post would be worth resurrecting (Examiner.com died a couple years ago) because this is an issue we are still dealing with today. The point here, in case you are new to the subject or need a memory prod, is that law enforcement agencies sometimes set up checkpoints to look for a variety of issues: seat belt use, valid driver’s license, whatever.

The problem with motorcycle-only checkpoints is that they single us out, and for no justifiable reason. You want to check for valid driver’s license? Fine, stop everyone and check everyone. But don’t stop only motorcyclists.

I decided instead to tie this in with last week’s post about the Demise of District 10. The point being, these kind of policies go unchallenged if you don’t have people active in groups such as ABATE and the American Motorcyclist Association fighting them.

Just a few days ago I read a piece about how the American commitment to democracy seems to be fading as fewer and fewer people find themselves personally involved in associations. Years ago, it said, this country was sometimes called a “nation of presidents.” The meaning is that if you were a farmer you belonged to a co-op, and the co-op had officers and members voted on issues of concern. If you worked in a factory you belonged to the union and the union had officers and the members voted on issues of concern.

Cooperative groups like this flourished throughout society, to the point that everyone lived and practiced democracy and many, many people served as the officers of these groups: a nation of presidents.

This sort of participatory democracy has diminished. And it affects us as motorcyclists. District 10 of ABATE of Colorado died because there were not enough people who felt it worth their time to get involved. But really, is it not worth your time? How do you feel about motorcycle-only checkpoints? How do you feel about future infrastructure projects not taking motorcyclists into consideration in their planning? How do you feel about HOV lanes–which federal law says must be free to motorcycles–slapping you with a fee and fine for using them without a transponder?

These issues and many more are addressed by a very small percentage of riders–those of us willing to take our time to stand up for those who ride.

So back to the Examiner post I was going to run. The gist is in the lead sentence, “Laying it on the line, 11 Congressmen today questioned a grant program that provides money for law enforcement agencies to set up motorcycle-only traffic checkpoints and called on U.S. Transportation Secretary Ray LaHood to suspend it.”

While we have made progress on this issue, we’re still fighting it. How much more effective might our efforts be if more of our fellow riders stepped up and offered their support, contacting their elected representatives to voice their concerns.

At the very least, lend your support via numbers. The more members the AMA has the more impact they are able to have. Here are three groups you might want to consider joining.
American Motorcyclist Association
Motorcycle Riders Foundation
ABATE of Colorado

Biker Quote for Today

And God said “Let there be bikers” and the Devil ran like hell.

T-shirts make statements.

One thing that really struck me in the short time I spent at last weekend’s MRF Meeting of the Minds was how paranoid so many of these folks seemed. Of course, just because you’re paranoid doesn’t mean someone is not out to get you. And I guess when you spend your days fighting actual efforts to put limits on your passion it’s easy to slip into that paranoid mindset. Anyway, “. . . a lot of people trying to take away our freedoms” was a common refrain.

I found it interesting when Megan Ekstrom was speaking on the issues the MRF is focused on that she–as many do–expects the Democrats to regain control of the U.S. House in the upcoming election, and so the hope is that in the following lame duck session the Republicans will push through a lot of legislation in a hurry. And among those bills are some that the MRF is working for.

T-shirts are a standard among motorcyclists so it’s no surprise that there were plenty with interesting and/or amusing messages:
• Freedom Ain’t Quiet
• You Ride Free Because of Me
• St. Urgis, Patron Saint of Motorcyclists (OK, this was me, with the shirt I had made, with my trademarked brand)
• #IRideIVote, with three choices–Democrat, Republican, Motorcyclist–with the checkmark on Motorcyclist
• The wide variety of designs and logos of many different state ABATE organizations

Biker Quote for Today

There may be more to life than motorcycles, but not to my life!

Between sessions at the Meeting of the Minds.

The Motorcycle Riders Foundation had its annual Meeting of the Minds this past weekend in Denver. As ABATE of Colorado was the host for the conference I went over to do whatever volunteer work I could but on being told that all was in hand I only sat in on a couple sessions and then left. After all, I had not paid to register, plus the opening session touched on most of the issues to be discussed.

The MRF, in case you are not familiar, is a national organization working for motorcyclist rights, or MRO. As such, they, along with the American Motorcyclist Association, are among the primary lobbyists in Washington, D.C. working on these issues.

In the Friday morning session, Megan Ekstrom, Vice President of Government Relations and Public Relations, touched briefly on six topics the MRF is primarily focused on for the coming year. The fact that these issues have been in the MRF focus for some time gives an idea of how this work requires slow, continued effort before success is achieved.

• Autonomous Vehicles: You’d have to be living in a cave not to know that self-driving cars are coming our way, and it is crucial that the programmers who determine how these things detect and avoid people and objects include motorcycles in their algorithms. That would seem obvious but it can only be good to have someone making sure that happens.

• Profiling: Is it legitimate for police or the state patrol to set up motorcycle-only stops to check registration, licensing, etc.? If you’re stopping all traffic to check for these things then fine, go ahead. But stopping only bikers? Most of us don’t think so. The MRF is working at the national level to have this outlawed, while local, state organizations carry the battle forward on the state level.

• RPM Act: The Recognizing the Protection of Motorsports Act clarifies that it is legal under federal law to modify the emissions system of a motor vehicle that is converted for race-use-only. This would seem obvious. If it is OK to build racing vehicles that do not meet emissions standards, how can it not be OK to take an existing vehicle and turn it into a racer? Megan said the MRF has hopes that this legislation will pass this year yet, and if not, next year appears hopeful.

• Motorcycle Advisory Council: According to Mark Gardiner on Revzilla, “The MAC’s a 10-person committee made up of traffic engineers and road-safety specialists — an advisory body brought together to provide information, advice, and recommendations to the Federal Highway Administration (FHWA) on ‘matters related to motorcyclist safety… and the implementation of noteworthy practices of highway infrastructure related improvements that will result in positive impacts on motorcyclist safety.'”

The issue, said Megan, is that of the 10, only 1 represents motorcyclists, although many of the others are themselves motorcyclists. The greater issue here is not entirely clear to me.

• Ethanol: As the Environmental Protection Agency pushes for higher percentages of ethanol in gasoline, motorcycles are at risk. Older bikes, especially, can be harmed by too much ethanol in the gas. While you could suggest that any alert rider can be careful not to use high-ethanol gas, some folks argue that that possibility should be forestalled so as to protect those who are unaware. And while I’m pretty aware, I recognize that there are people out there who don’t pay as much attention as I do. So I’m supportive of these efforts.

• Infrastructure Modernization: Similar to the RPM Act, it would seem obvious that as roads and infrastructure are built and improved, motorcycles are taken into consideration in the planning. But just trusting that to happen would be foolish. We need to keep an eye on things and ensure that what is so obvious to us is also clear in the minds of those doing the planning. “Oh gosh, that never occurred to us,” is not something we want to hear.

So. You may not belong to the AMA, the MRF, ABATE, or any other of these organizations. But be aware that you benefit from their efforts.

Biker Quote for Today

Love is all you need . . . oh, and a motorcycle.

I just want to pass along this information I saw in this month’s issue of ABATE of Colorado‘s Spokesman publication. It’s something they got from the Motorcycle Riders Foundation, and has to do with the statistics that so often are used to justify “fixes” for problems. Here’s what the MRF put out.

Possible Errors? When errors, omissions or inaccuracies are discovered in reports or statistics, it calls into question the integrity of results. Additionally, small numbers can be easily skewed by slight or seemingly insignificant variations. Furthermore, numbers may be exploited if uncharacteristic highs or lows are used as a baseline. None of these discoveries are intended to argue against helmet use, but rather to demonstrate that suggesting a helmet law is not the solution to motorcycle safety. Individual states need to maintain the ability to determine what measures best address the needs and desires of their residents as suggested in the National Agenda for Motorcycle Safety (NAMS).

FACT Comparison of studies is complicated due to varying criteria, wherein one report references riders, it is unclear if that includes passengers or specifically operators. Other papers may refer to the numbers of persons, crashes or vehicles intermittently. This can be quite confusing as the numbers are usually very close and are frequently compared in error.

FACT A Minnesota motorcyclist survived a crash only to be struck by a car while standing on the road attempting to flag down a motorist for assistance. This was subsequently counted as a motorcycle fatality.

FACT A Pennsylvania taxi driver, with multiple suspensions,was responsible for about two percent of the state’s total motorcycle fatalities when he caused a crash with three motorcycles and killed five helmeted riders in a single incident.

FACT Motorcycle fatalities dropped by 10% in 2009 and preliminary reports indicate that 2010 numbers will be further reduced by at least 2%. The Motorcycle Industry Council advises that sales of replacement tires were up by 6.1% in 2010, suggesting an increase in motorcycle usage. A decrease in fatalities despite an increase in exposure would suggest that motorcycle safety and awareness programs, specifically rider education courses, have been successful.

FACT The National Transportation Safety Board has investigated over 120,000 airplane incidents, over 60,000 surface transportation incidents, and just 6 individual motorcycle incidents in their entire 44 year history — Apparently enough investigation to warrant adding mandatory helmet laws for motorcyclists on their “top ten most wanted list.”

FACT According to preliminary data from the Governors Highway Safety Association, states that have a mandatory adult helmet law had 6 fewer fatalities in 2010 than in 2009, while free choice states saw a reduction of 74. The state with the single largest decline in fatalities (Texas -60) is a choice state and a state which requires helmets on all riders tied for the greatest increase (New York +24).

FACT FARS (Fatality Analysis Reporting System) continues to include “mopeds” in motorcycle crash statistics despite the fact that most states do not require registration of these vehicles. This practice skews the most respected method of measuring the effectiveness of motorcycle safety programs, which is the ratio of accidents, injuries and fatalities per 10,000 registrations.

For more information, contact Jeff Hennie, Motorcycle Riders Foundation, 202-546-0983, jeff@mrf.org

Recent from National Motorcycle Examiner
Creating a comfortable, high-mileage motorcycle that carries groceries

Biker Quote for Today

She pulled out into his path. Classical modus deathus for a biker.

I headed out to High Plains Raceway Saturday for the opening day of the Motorcycle Roadracing Association’s (MRA) 2011 season, and to do my first piece following racer Jon Kuo through the season. The weather was perfect and everyone was definitely jazzed for the season to start. The story and photos are available on Examiner.com.

I became acquainted with Jon because he is sponsored by ABATE of Colorado, of which I am a member. This year now, ABATE is sponsoring three racers, as well as the corner crews. To say that this is unusual is an understatement. In many states there is outright hostility between the sportbike crowd and the ABATE organizations. Terry Howard, Colorado’s State Coordinator, was there Saturday and she told me they caused quite a stir at last year’s Meeting of the Minds, the Motorcycle Rider’s Foundation conference, when they showed up with representatives from the MRA and the Colorado Sportbike Club as members of their delegation. Everyone was in awe and eager to hear how this came about. I’ll be doing a follow-up article that really digs into the story.

I was pleased to have the opportunity to meet Ricky Orlando, a local fellow who is an AMA racing champion and who now runs a riding school up by Frederick. If you’re into the racing scene I’m sure you are familiar with Ricky. I had spoken with him for the first time just a couple weeks ago when I was working on a story for RumBum.com about how kids can come up through the ranks of American Motorcyclist Association-sanctioned racing and become world champions. Ricky was very helpful and gave me some good quotes for the story, so it was an unexpected pleasure to actually meet him. Of course, he was there to race.

And lest we forget, there was the racing Saturday. When I had spoken with Jon a couple weeks ago he was sounding extremely optimistic about placing very well, maybe even winning a championship. Speaking with him before the race he had toned things down a bit, which I suspect was a result of getting out on the track in practice sessions and seeing other guys out-running him. At that point he said he just hoped to stay up with the fast guys and learn from them.

Jon placed 7th in his first race, the only one I was there for, and he was very disappointed. And this is where I start learning about racing. Jon told me his problem was that he doesn’t have the corner speed the top guys have, and it’s something he needs to learn. Riding on a 250cc Ninja, he said the bikes don’t have enough power to go really fast, plus they’re light, so you can–and need to–carry a lot of speed deep into the corner. The best riders hardly even brake in the corners, he said. And because you can’t make up much time in the straights, races are won and lost in the corners.

As I say, my education begins. It’s going to be an interesting season. It will be very interesting especially to see how well Jon does learning to corner faster. Stay tuned.

Recent from National Motorcycle Examiner
Kicking off motorcycle roadracing season

Biker Quote for Today

Motorcycle racing is 90 percent mental and the other half is physical.