Passes & Canyons Blog

As I noted on Monday, Bruce Downs, ABATE of Colorado’s state coordinator, had a series of suggestions for fine-tuning the Motorcycle Operator Safety Training (MOST) program. The fact is, Bruce had printed out the program rules and flagged every spot in the document where he had changes to offer.

One of the bigger issues Bruce raised was one that ABATE has raised for quite some time now. The legislation the MOST program is based on seems to state clearly that of the funds raised through licensing fees, no more than 15 percent can be used for administration. But ever since an outside contractor has been brought in to administer the program, those costs have eaten up about 65 to 70 percent of the funding, he said. Can we come up with a compromise that falls somewhere in the middle.

While other suggestions at this meeting were met with discussion and an openness on all sides to work something out, this item got completely shot down. Glenn Davis, representing the Colorado Department of Transportation, replied that this issue was studied and a state attorney issued an opinion that the use of the funds in this manner is acceptable.

What my wife, an attorney, tells me about this is that basically this is saying, you can sue us if you like, and maybe you’ll win, but unless you do that we are going to keep doing what we’re doing. End of discussion.

And it did end that discussion.

Another significant issue Bruce brought up was the limitation of the MOST program to beginner rider training. In the past, MOST funds could be used to defray the costs of other rider training courses beyond the Beginning Rider Course (BRC). His initial proposal was simply to add a definition of Advanced Rider Course (ARC) into the rules.

Bruce’s point, however, which was echoed by several in the room, was that a large percentage of riders being killed are not the newbies, but experienced riders with years under their belts.

“If we don’t do advanced rider training are we shortchanging riders who are paying in for the program?” he asked.

While no action was called for or expected at this time, the idea was that the stakeholders involved with MOST ought to be considering this issue in the days ahead.

The rest of Bruce’s issues were small ones affecting primarily the training vendors, and often specifically ABATE. These included definitions of mobile training operations, clarifying what background check findings should render possible Rider Coaches unqualified, and making travel expense reimbursements conform to the reality of costs.

A second stakeholder engagement meeting will be held in the same location (15055 S. Golden Road, Building 100) on Friday, January 26, from 9 a.m. to noon.

Biker Quote for Today

Who needs a time machine when one twist of my wrist will leave you in the past!

The Colorado State Patrol (CSP) held its first stakeholder engagement meeting Friday, with about 20 people present, as it takes over control of the Colorado Motorcycle Operator Safety Training program (MOST) from the Colorado Department of Transportation (CDOT). Essentially the meeting presented an opportunity for the organizations that provide rider training to propose tweaks to the program to help bring regulatory concepts into line with on-the-ground reality.

The first–and most extensive–discussion was on allowing larger bikes to be used in the Beginning Rider Course (BRC). Current limitations say no more than 350cc but it was argued that the limit should be raised to 500cc. The gist of the argument was that if most riders are going to actually get out on the road on larger bikes, why shouldn’t they be trained on the bikes they’re actually going to ride? It was agreed that the training vendors need to continue to have smaller training bikes on hand for those trainees who need them, but for those capable of handling larger bikes, why not make that an option?

As I understand it, there is also the consideration that the Harley-Davidson training programs all use larger bikes and thus are currently excluded from participation with MOST due to the 350cc limitation.

Also raised was the requirement that Rider Coaches be 21 years of age. The point made was that while there may not be a lot of 18-year-olds who you would want to trust as a Rider Coach, in the few cases where you would, why not allow it? This is especially important because there is currently a shortage of Rider Coaches in the Colorado and opening it up a little more could help. It was also suggested that the requirement that a Rider Coach training in Colorado must hold a Colorado driver’s license be amended.

This opened up the issue that some of the specifics vendors deal with are written in law while others are only regulatory in nature. CSP personnel at the meeting made it clear they want to get a solid year under their belts running MOST before they start talking about proposing legislative changes. The consensus at the meeting was that that was reasonable but that these sorts of issues ought to be presented as a package when the time comes.

Another suggestion was to try to have the law rewritten so as to reference the curriculum in use. That way, it would not be necessary to change the law every time the curriculum changes. Apparently, however, there are some limitations on citing outside sources “by reference” because there is the possibility that those sources might call for something contrary to state law. There do appear to be workarounds in this regard, though.

That brings us to the point in the meeting where Bruce Downs, state coordinator for ABATE of Colorado, took the floor to present a series of tweaks and revisions that his organization (of which I am a member) would like to see made. I’ll go over all that in my next post.

Biker Quote for Today

You’re a biker wannabe if all your leathers match.

As of January 1 the Colorado State Patrol (CSP) is now owner of the Motorcycle Operator Safety Training program (MOST). Now we’ll see if anything changes, and if so, what, and how.

Since its inception MOST had been managed by the Colorado Department of Transportation (CDOT). That seemed to work well for many years but not so much as time went on. As MOST came up for extension the decision was made to let CSP take over.

As a first move to figure out what needs doing, CSP has announced two Stakeholder Engagement Meetings, to be held this month.

The first is Friday, January 12, from 9 a.m. to noon at 15055 S. Golden Road, Building 100, which the the CSP facility at Camp George West.

The second meeting is set for two weeks later, Friday, January 26, from 9 a.m. to noon at the same place.

From the flyer announcing the meetings:

The Colorado State Patrol (CSP) will be hosting engagement meetings open to the public to obtain comments on the MOST Program Rules. Feel free to attend either meeting, it is your chance to talk with CSP staff about the MOST Program and offer feedback, recommendations, and comments. We look forward to seeing you there. Please see below for event details.

If you want to look over those rules, they are available as yet on the CDOT website: https://www.codot.gov/safety/motorcycle/documents/motorcycle-operator-safety-training-rules.pdf

I think I know where I’m going to be at 9 a.m. this coming Friday.

Biker Quote for Today

Behind every crazy biker is an even crazier old lady who is enjoying the ride.

The Colorado Legislature officially moved the Motorcycle Operators Safety Training (MOST) program from the Colorado Department of Transportation (CDOT) to the Colorado State Patrol (CSP) during this recent legislative session but that doesn’t mean CDOT is casting it aside during the transition. In fact, it seems like they may even have kicked things up a bit.

MOST is a program intended to promote rider training, with the idea that a rider who receives real training in operating the bike will be a safer rider than one who just learns by doing. I know this to be the case because I learned by doing and years later took some training courses. Guess what: I learned a bunch of stuff. I became a better and a safer rider.

May is commonly declared Motorcycle Safety Awareness Month and so with that theme in mind I was recently contacted by Megan Tobias, a public relations rep working with CDOT to promote the safety effort. She was asking if I could do something in this space to help promote training efforts. And in fact, she offered that if I wished, they could set me up to take a course on their dime. “Even if you’re a skilled motorist, we have an array of more advanced classes that can help fine tune your skills. Locations and class levels can all be found here: https://www.codot.gov/safety/live-to-ride/get-training.html/.”

This is a new level of promotion that I haven’t seen before. And I suspect I’m not the only one Megan has contacted to try to get this information out to the public. I say good on CDOT.

So initially I declined Megan’s offer but thinking about it now I may take her up on it. For one thing, I know that the Motorcycle Safety Foundation, whose curriculum the MOST instructors follow, has revamped its programs, so if I take the Experienced Rider Course a second time it is presumably going to be different from the first time. Plus, I don’t care how good or experienced you are, there’s always more you can learn. You’ll read about it here if I do.

Biker Quote for Today

Never twist the throttle with your ego.

My Monday post had to do with the MOST program and drew some response. I’m not sure why people don’t post comments so everyone can see what they have to say but no matter. I respond and pursue any issues.

So just for everyone’s understanding, here is the question and response. First I got an email from Dave Tolbert.

Ken,

I just read your article that included Stumps legislative news. I am 1 of the 12 members on the current MOST board. The article stated that 6 of 11 invited board members didn’t attend. I know for a fact that least 11 if not all 12 members did NOT attend. Only 6 of the 12 board members were invited. We asked that all board members and vendors be invited. We were told no. Since all board members and all vendors were not invited, we did not attend.

Dave Tolbert

I then responded to Dave:

Thanks for the note Dave. I’m clearly not the one with answers, but I’ll send Stump a note and ask him about it. Meanwhile, I wonder one thing. Stump said invitations were sent to “stakeholders,” not “board members” and I wonder if that is the issue here. I don’t know who he defines as stakeholders but I would guess it would be CDOT, MOST, ABATE, maybe the COC, and then I have no idea who else. Each of them counting as one stakeholder. I’ll ask him and get back to you.

No sooner had I sent that response than I got two more notes, these from Kent Sundgren.

Ken,
I am on the MOSTAB board, I was not informed of this meeting. I am the “rider” representative on the MOSTAB.

ABATE DOES NOT SPEAK FOR ME OR MANY OF OUR COLORADO RIDERS.
Kent Sundgren

And . . .

Ken,
I did get the invite just now.

I can not attend, but have completed the very limited survey sent and also asked that the invitor contact me before the meeting.

Kent Sundgren

So I emailed Stump asking him to respond. I got a reply from Bruce Downs, the head guy at ABATE of Colorado:

Ken,

Stump forwarded your email to me for a response.

Mr. Tolbert is correct in that none of the invited MOSAB Board members attended and that they did request that all board members be invited. We intentionally did not invite all MOSAB Board Members. Instead we invited the “stakeholders” who were those that are in some way affected by the program. We did exclude the administration to try and facilitate a more open discussion. As far as Mr. Sundgren, I did not have contact info for him. When I spoke with Mr. Tolbert extending the invitation, he said he could and would contact him. This obviously did not happen.

Bruce Downs

Somehow I suspect there is politics going on here that I do not have an understanding of. But I hope everyone’s message has gotten through to anyone interested.

Biker Quote for Today

Riding a bike is like an art, something you do because you feel something inside. — Valentino Rossi

The Colorado Legislature is in session and one of the top issues of interest to motorcyclists is the proposed extension of the Motorcycle Operator Safety Training program (MOST). I’m now the legislative liaison for ABATE District 10 so I get periodic messages from Stump, who is ABATE’s primary legislative guy–basically our lobbyist down at the capitol.

I figure one of the best things I can do to keep folks apprised of what’s going on down there is to publish his messages, so here’s the latest.

Hello LegTeam,
As of February 25th, 198 Senate Bills and 209 House Bills have been introduced. There really aren’t many transportation bills being introduced this year, but we still have 2 that are of concern to motorcyclists: HB17-1044 (Autocycle Bill) and the MOST Program Bill.
HB17-1044 will be discussed by the Senate Transportation Committee on Tuesday, February 28th at 2:00 p.m. in room 352. The bill is still defining autocycles as a type of motorcycle, but it includes verbiage requiring autocycle drivers and passengers to use safety belts and, if applicable, child safety restraints. I just received word this week that the Polaris (Slingshot manufacturer) lobbyist wants an amendment added so no “M” endorsement is needed to drive an autocycle, only a driver’s license. ABATE doesn’t have an official position on that issue, our only real concern is a way to keep autocycle and motorcycle accident and fatality statistics separate. We’ll keep pushing for a solution to do that.
The MOST program bill is entirely different. Senators Priola and Todd were assigned the task of drafting a bill. They want input from the stakeholders as to what should be included in the bill. To that end, we held a meeting on Friday, February 17th at the ABATE Office. For various reasons, 6 of the 11 invited stakeholders didn’t attend. We had a good discussion about the current administration of the program and suggested possible changes that could improve the program, with a bottom line of saving lives. After discussions this week with some stakeholders and updating the Senators, we feel we need more input, so another meeting is being scheduled. This time it will be at a neutral location, the State Capitol, on Friday, March 3rd, time TBD. It’s being organized by an MOST Advisory Board Member so hopefully we’ll get better attendance. There’s still plenty of time to get the bill drafted and sent through the process. Right now we want to concentrate on getting stakeholder’s input so the drafters know exactly what we want included in the bill. Maybe we’ll need a couple more meetings. I’m sure you know what ABATE’s concerns are and what we would like addressed in the bill, but with numerous stakeholders involved there’s no telling what “suggestions” might be introduced. This just might turn into one huge contentious battle. We’ll keep plugging along and communicating seems to be the common theme. I’ll keep you all updated.
That’s about all the hot topics for now. Stand by to get legislatively active once the bill gets written and we need to contact our legislators.
Stump

Biker Quote for Today

Motorcycling is not, of itself, inherently dangerous. It is, however, extremely unforgiving of inattention, ignorance, incompetence, or stupidity.

The Colorado Motorcycle Operator Safety Training program, or MOST, is up for renewal in the legislature this next session and despite the desires of much of the motorcycling community, it will probably be continued. That was the word at ABATE recently.

The issue now, said ABATE State Coordinator Bruce Downs, will be to figure out how to live with it as best we can.

How times have changed! Just a few years ago ABATE was battling in the legislature to keep MOST alive. Back then the program was doing what it had done for years, providing substantial funds to motorcycle rider training programs to keep training affordable for as many riders as possible. One arm of ABATE of Colorado does rider training, so it was a comfortable arrangement.

Now, however, the amount paid to lessen the cost has been radically reduced and the program is spending its money–money paid in by motorcyclists as add-ons to our license renewals–is being spent in large measure for oversight of the program. Let’s see . . . MOST is no longer helping make training affordable but is spending the money to keep itself functioning. For what reason? I mean, if not for rider training, for what reason? So ABATE would now like MOST to die.

But as Bruce says, that does not appear likely to happen, at least not this time around. So the issue becomes figuring out how to get that money going back to training. This is where State Senator Nancy Todd comes in. For a number of years, Sen. Lois Tochtrop was one of the strongest motorcycling proponents in the state legislature. She was term-limited and is now gone from the Senate. Nancy Todd has stepped into the void. ABATE arranged a meet and greet with Todd and others interested in motorcycling issues about a week ago at the Piper Inn, which is a popular biker bar in southeast Denver.

Sen. Todd was the one who held the Colorado Department of Transportation’s (CDOT) feet to the fire over this recently resolved issue of motorcycles being required to have transponders in order to freely use HOV lanes. And according to Bruce, she agrees that there appears to be some conflict of interest in the idea that the Motorcycle Safety Foundation (MSF) is serving as both one of several competing rider training curriculum providers AND as the overseer of motorcycle rider training programs in Colorado in general. And of course, as ABATE points out, the funds paying MSF for its role as overseer are coming out of MOST funds far in excess of what the legislation seems to allow.

Sen. Todd said she intends to set up a meeting soon with CDOT and MOST to ask them to justify these issues.

And the beat goes on.

Biker Quote for Today

You’re not leaving work early, you’re just stretching your legs . . . all the way to your bike.

I went on Tuesday to the hearing on Colorado Senate Bill 16-122 expecting it to be in regard somehow to the Colorado Motorcycle Operator Safety Training (MOST) program. That’s what you get for assuming.

All I had to go on was an email from Bruce Downs, state coordinator for ABATE of Colorado, saying the hearing would be happening and he was going to be testifying. I downloaded a copy of the bill and did my best to interpret what it was about. I was completely wrong.

Just as the bill said, it was about conducting audits of the Colorado Department of Transportation’s (CDOT) management of its contracts. So where does this tie in to motorcycles?

After his testimony Bruce explained it to me.

“I had a public forum and I could ding somebody so I did.”

The dinging in this case was in regard to both the MOST program and the requirement that motorcycles have transponders to use HOV lanes. From his statement:

Per the statute there was a limit put on how much could be spent on administration, yet CDOT’s actions indicate they do not feel they have to abide by the law and do not have to be accountable for their actions.

And:

Under federal law a motorcycle is considered an HOV under all conditions but CDOT didn’t seem to care. They wanted their $35 “deposit” for a transponder and if one was obtained three would be no “charge” for us to use the lane. If we did not have a transponder then there would be a fee and a fine. How does having a transponder make a difference if you are an HOV or not? What a double standard.

So while Sen. Randy Baumgardner was interested, with his bill, in greater transparency in CDOT, Bruce wanted to bring other issues to his attention, as well as to the attention of those on this committee. It’s a building block, not a whole building.

Did it do any good? Who knows. Maybe. After going through all the other formalities, rather than vote the bill up or down, Baumgardner asked that it be set aside, presumably for some revision. We’ll just have to wait and see what comes next.

Biker Quote for Today

Motorcycles are very useful and have almost annihilated distance and cheap clothes.