Passes & Canyons Blog

You don’t suppose there might be some inherent risk involved in racing a motorcycle on ice, do you?

If you’re not familiar with the concept of inherent risk you probably will be soon. It’s a movement that appears to be spreading state to state, and it will affect motorcycle riders.

Essentially, inherent risk is a recognition that some things people like to do carry some amount of risk. The current crop of laws being passed regarding inherent risk made a clear statement that if people choose to engage in these activities they do so recognizing the risks and accepting those risks. That is, if you do it and get hurt, it’s on you. Don’t try to sue someone else for your misfortune.

The first thing you might think of in this category could be motorcycle racing, but that’s really not the case. Racers uniformly are required to sign waivers stating they will not sue the track if they screw up and get hurt. Of course this is only true if the track is in good shape and the crash was the rider’s fault, or perhaps the fault of another racer. If there is a big pothole in the middle of a tough turn then the track is at fault. But how often is a track going to allow that hazard to exist?

The legislation is aimed more at places such as an open space area where the governmental entity that owns or controls it allows dirt bike riding. Or a farmer who lets local kids ride in his pasture. If you get hurt, don’t go suing the nice person who let you ride in his pasture. He didn’t cause your crash, you did.

So far Arkansas and Texas have enacted inherent risk legislation. The concept is supported by the American Motorcyclist Association, which put out a report that stated, “The American Motorcyclist Association, alongside Texas motocross track owners, motorcycle dealers, and riding enthusiasts, was closely engaged with efforts to pass HB 5624. The AMA commends the Texas state legislature for its passage, as HB 5624 aims to create a more consistent and predictable liability environment for property owners and off-road riding enthusiasts.”

The AMA also noted, “This form of legislation has picked up steam across the country, and the AMA is focused on additional efforts, primarily in Iowa and Missouri, where similar inherent risk bills are taking shape for re-introduction in each state’s next legislative session.”

Everyone knows the story of the woman who bought coffee at McDonald’s from a drive-up window, put the coffee between her legs, and then spilled it, burning herself. She sued McDonald’s and won. That would seem to fall under this policy. You bought the hot coffee and would have been unhappy if it had been cold. Nobody forced you to put it between your legs as you drove away.

I think we can all expect these laws to come to our own states. Look for them.

Biker Quote for Today

My comments to my neighbor who rides horses but thinks motorcycles are dangerous – “I’m not riding anything that has a mind of its own . . .” — markbxr400

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

Rob Dingman, president and CEO of the AMA.

I mentioned before that I had sent comments to the American Motorcyclist Association (AMA) protesting the apparent rightward political tilt the organization has been taking lately. Specifically, I’m unhappy with their ongoing characterization of President Obama’s creation of national monuments, via the Antiquities Act, as “side-stepping Congress.” Congress passed that act specifically to give all presidents exactly that power. How is it side-stepping Congress if you follow the guidelines of a law created by Congress?

Twice I went to the web page on the AMA’s site where you can send the organization a message. And I sent messages. That page has a check box titled “I would like a reply.” Both times I checked it and neither time did I get a reply. And I kept watching the magazine to see if they would continue using that term.

When the latest issue arrived earlier this week it was there again, so this time I sent an email directly to Rob Dingman, president and CEO of the organization. Here’s that email.

Rob, I have two big bones to pick with you and the AMA, and I’m coming to you because no one else even replies to me.

And that’s the first one. I have sent two letters to the organization (http://www.americanmotorcyclist.com/contact) and in both cases I checked the box that says “I would like a reply.” I haven’t gotten any replies and neither of my letters made it into the magazine. If you’re going to have that checkbox there it seems to me at the very least that someone should reply to the member’s question. And I know for a fact that I’m not the only one who has not gotten replies.

The other issue is what I was writing about the other two times. I was writing in protest of your ongoing characterization in the pages of American Motorcyclist of President Obama’s use of the Congressionally created Antiquities Act as “sidestepping Congress.” I said then, and I say it now, that characterizing Obama’s actions, which are no different than that of many previous presidents, employing a law passed by Congress, as “sidestepping Congress,” smacks very strongly of right-wing partisanship, which has no place in a national organization whose membership spans the political spectrum.

In two consecutive issues that language was used three times. There was no such language in the February issue, but now the March issue has arrived and there you go again. On behalf of all of us in this organization who are not rabid right-wingers I implore you to STOP IT!

Now, I do see in the release sent out the other day that you are focusing more on the fact that establishing national monuments by executive fiat is legal based on the Antiquities Act, and you are now working to amend that legislation. So maybe our protests have been heard and at least sort of responded to. That’s a step forward. I want you to know right now that, as a member, I do not support this effort on the part of my organization. Just FYI. But I’m not going to quarrel over that. I do ask that you totally cease this ongoing use of the term “sidestepping Congress.” Let’s at least stick to the truth, OK?

And yes, I would like a reply to this email. Thank you.

Well, I got a reply this time. Not from Rob, but from Pete TerHorst, who does public relations work for the AMA, and who I’ve known for a number of years and have always been on very good terms with.

I won’t paste in Pete’s entire reply as it is quite long. But here are two pertinent remarks:
– The AMA strives to be non-partisan and apolitical in its advocacy on behalf of motorcyclists. Certainly it does not help the cause to divide the relatively small number of riders in the U.S. (compared to automobile/SUV drivers) into even smaller groups when we are trying to persuade our legislators and regulators that the AMA represents all motorcyclists.

– We do indeed believe that the current administration, and others before it, has exercised inappropriate authority — in effect, sidestepping Congress — when designating national monuments.

I’d like to believe that there is no such intent as there appears to be–not just to me but to other AMA members. But then there’s this, from a comment on that previous blog post:

Adding to this is the recent hiring of one person directly from the Heritage Foundation and one from the House Select Committee on Benghazi (a GOP witch-hunt) into their government relations staff. Adding Wayne Allard alone should have sent a clear signal, though.

I want my organization to be non-partisan. I’m not a Republican or a Democrat. I’m an independent because I have a very low regard for both parties. But if nothing else, the AMA seems to be tone-deaf. This continual complaint about Obama’s “side-stepping Congress” is a pitch-perfect echo of what comes out of the Republicans on a daily basis. And those hires. If it looks like a duck and it quacks like a duck . . .

I suggest the AMA pay a lot more attention to that first bullet I pulled from Pete’s reply, the one about not dividing riders into even smaller groups. Because right now that’s exactly what they’re doing.

Biker Quote for Today

Being shot out of a cannon will always be better than being squeezed out of a tube. That is why God made fast motorcycles, Bubba — HST

I’ve written previously about mechanical difficulties I’ve had with my 30-year-old Honda CB750 Custom. Well, it’s happened again and this time I have no one to blame but myself.

As an aside, there is no better time than now to rave about the free roadside assistance you get if you join the American Motorcyclist Association. I’ve been towed three times now this summer and it didn’t cost me a penny. Just a lot of time waiting for the tow truck.

So I’ve known I have an electrical problem, and by testing I’ve been able to determine that the battery is fine. That means the charging system has an issue. But I wasn’t willing to let it go at that and just take the bike over to my mechanic. I’m on a pretty tight budget these days and if I’m going to pay for a new stator I wanted to be sure I really needed it.

My way of confirming that the issue truly is in the charging was to ride the bike. With the battery fully charged it fires up and runs great. With no charge reaching the battery, the lights and spark plugs gradually drain the battery until the bike stops dead. This time, however, I packed up my battery charger and an extension cord, figuring that if it died somewhere I’d have my confirmation and then I could find someone who would let me plug in for a few minutes.

Gosh my plan worked well. I was on my way to the gym and it died about 10 blocks away. This wasn’t quite what I had hoped because I knew of an exterior outlet at the gym and I figured I’d limp in and then give it a charge while I worked out. But no problem, I’d get a charge from someone here that would get me to the gym and proceed as planned.

Long story short, I did find a Burger King close at hand where the manager agreed to let me plug in for 20 minutes. Oh, did I mention that I have a trickle charger? Twenty minutes with a trickle charger doesn’t do much. I sat there at Burger King for 2 hours until I could finally start the bike and ride to the gym.

At the gym I plugged in as planned and went about my business. When I came back I turned the key and pushed the starter button and got . . . nothing. It turns out that outside plug does not have power going to it, and apparently if you hook a battery up to a charge unit and there is no power flowing into the battery it drains the battery instead.

So it was time to call for a tow. And of course they never get there in less than an hour. All in all, it was not the best use of my time, especially considering that I’m now going to need to take the bike in and pay the repair bill just the same.

But oh boy, I’ll know that I really need to spend that money.

Recent from National Motorcycle Examiner
Iron Mountain Racing takes 3rd in ALCAN 5000

Biker Quote for Today

If it’s supposed to move and it don’t–WD-40. If it ain’t supposed to move and it does–Duct Tape.

Just 11 days ago I was reporting that the long-awaited new motorcycle safety study was ready to begin, after being seemingly derailed by a financing issue. Now I’m back to report that it’s not smooth sailing after all. And two of the big players on the team appear to be moving in opposite directions.

The safety study is to be funded in part by a government grant and in part by matching contributions. Among other donors, two of the big motorcycle organizations, the American Motorcyclist Association (AMA) and the Motorcycle Safety Foundation (MSF) had committed to helping fund the study. Now, AMA is in favor of pushing on even though the dollars committed will not be enough to do the full-scale study originally envisioned. The MSF, on the other hand, has said that “we believe the study will not provide sufficient statistical significance of the OECD identified study variables and the MSF Board of Trustees has determined that MSF must continue to make its commitment of funds contingent upon a sample size of at least 900 cases.”

Where this leaves the study is not at all clear. Fully $2.8 million of the money for the study was to have come from the motorcycle industry through the MSF. While the MSF statement wished the researchers well in achieving “what can only reasonably be expected,” without the MSF’s $2.8 million it would seem that even the limited study will be underfunded. In other words, the MSF figures they hold the trump card and they’re playing it. Full study or none.

The AMA reported the MSF’s statement but as yet has issued no follow-up statement of its own. We’ll just have to keep watching to see how this all plays out.

Recent from National Motorcycle Examiner
Trying a textile mesh motorcycle jacket after years of wearing leather

Biker Quote for Today

When you find yourself in a ditch the first thing to do is ease off the throttle.

I’ve been receiving three motorcycle magazines for a lot of years now and they’ve all been pretty interchangeable. That is, they’ve all had the same “favorite rides” features, they’ve all focused on the new bikes each year, and they’ve all had columnists writing about various motorcycling issues. No more. One of them has changed.

American Motorcyclist is the membership publication of the American Motorcyclist Association, to which I belong. I recently received the June 2008 issue and oh my gosh has it changed!

Just for starters, to show how much it is now NOT like the others, there is not one bike to be seen on the cover. I’m not sure any motorcycle magazine has ever published an issue that did not have at least one bike on the cover. What is on the cover is a picture of Jay Leno. We all know Leno is big into bikes, so he’s an appropriate subject for a motomag feature, but it’s not him and one of his bikes, it’s just a tight head shot of Jay.

Inside the issue other changes leap out at you. The opening four pages, once you get past the ads, are photos of AMA members and their bikes — apparently a new feature. When you get to the letters from readers, those pages also feature pictures of members and their bikes. Real people, real bikes. Not these unobtanium show bikes that you so often used to see.

In fact, there are a phenomenal number of photos all through this magazine. Apparently the editors decided that they had way too many words and not enough pictures of bikes, so they rectified that problem. Rather than articles that go on for pages with lots of words and just a few photos, the ratio has been reversed.

Then you come to the feature article, “Hangin’ with Jay.” Again, lots of pictures and rather than a wordy interview, they just quote Jay on various topics: On his first ride; On buying his first motorcycle; On old bikes vs. new; etc. And it makes for good reading. They also took a couple AMA members along on the interview and the whole crew took a ride on several of Jay’s bikes. The two members have a chance to say a few words about the experience. One of them, Nicole McMurray, ends her piece saying:

My favorite story of the day, though, came when we had stopped at the top of the mountain overlooking the Pacific Ocean. After Jay put on his helmet to go, a guy on a white Ducati pulled up and parked. Its rider walked over to comment on Jay’s bike. The guy said, “Yeah, I was watching TV and saw Jay Leno riding one of those.” Jay’s response, “Nice to meet you. I’m Jay Leno.”

So there’s still a lot of information in the magazine. But the packaging of that information is radically different. I like it. I’m really impressed with what they’ve done. And hey, no extra charge for the subscription when you’re a member.

Biker Quote for Today

To me it’s more fun to ride a slow bike quickly. Going slowly on an old Indian or Henderson is a lot of fun. I used to say that I don’t like any motorcycle you can’t see through, and there’s something to that. I like to see the motor.
–Jay Leno