Passes & Canyons Blog

Nowhere in the bill is the Colorado Motorcycle Operator Safety Training (MOST) program mentioned specifically but Senate Bill 16-122 is all about MOST. It is scheduled to come up for first hearing on Tuesday at 2 p.m. in Senate Conference Room 352.

Let’s recap the issue.

Soon after Colorado eliminated its mandatory helmet law, quite a few years ago, the MOST program was created–with support of the motorcycling community–to lower the cost of getting riders trained. Better training = fewer crashes was, and still is, the thinking. And from the bikers’ perspective, the fewer crashes the less likelihood that the helmet law would be reinstated. The program is paid for by an extra fee all bikers pay when they get their plates each year and when they renew their drivers licenses.

Long story short, it worked for a good while but eventually it turned out that some rider training programs were decidedly below the acceptable level and the decision was made to institute oversight of the trainers. First the trainee reimbursement was decreased and then it was eliminated. The Colorado Department of Transportation (CDOT), which handles the MOST program announced that it would hire an outside agency to do the oversight, essentially using all the money we chip in to pay for that oversight.

There are a few issues here. Colorado motorcyclists agreed to pay these extra fees in order to lower the cost to trainees. Now their cost is not lowered one dime. The MOST legislation also states that no more than 15 percent of the money raised can be use for administration. Now effectively all of it is to be used for administration. So now motorcyclists will pay extra to ensure the quality of motorcycle rider training, while people driving cars do not pay anything extra to ensure the quality of driver training. The general consensus is that that is unfair to us and totally unacceptable.

So what would SB 16-122 do? I’m not a lawyer so I can only interpret this to the best of my ability but here goes. I’ll quote from the bill summary and offer my best understanding.

Section 1 requires the state auditor to conduct a risk-based performance audit of CDOT no later than June 30, 2018.

I really can’t explain this, other than to conjecture that it relates to what follows.

Section 2 limits CDOT’s existing authority to enter into a lease-purchase agreement that requires total payments exceeding $500,000 without specific prior authorization by a bill enacted by the general assembly to lease-purchase agreements for the lease and purchase of personal property only.

This appears directly aimed at the CDOT plan to bring in outside oversight. That contract would run about $800,000 so CDOT would not be able to move ahead on this front without legislative OK.

Section 3 requires CDOT:
! To close each transportation project and release any money budgeted for the project as quickly as feasible and within one year following the substantial completion of the project unless a pending legal claim related to the project or an unusual circumstance beyond the control of CDOT unavoidably requires a longer time to close the project;
! To report on its public website within 2 weeks of a competitively bid transportation contract award, the identity of the winning bidder, the amount of the winning bid, and whether or not the bid awarded was the low bid, and, if not, why CDOT chose the bid over a lower bid;
! To annually report to the transportation commission regarding the percentages and total amount of money budgeted and expended during the preceding fiscal year for payments to private sector contractors for work on transportation projects and total transportation project costs for projects completed by CDOT employees, including indirect cost recoveries and employee salaries; and
! On or after July 1, 2016, and on and after July 1 of each year thereafter, to report to the transportation legislation review committee regarding amendments made to the statewide transportation improvement plan that were adopted during the most recently ended fiscal year and that added or deleted a project from the plan or modified the funding priority of any project included in the plan. The report must include an explanation of the reasons for each reported policy amendment and administrative action amendment.

There seems to be a number of things going on here. In one case it appears to be making it clear that if a decision is ultimately made to eliminate the MOST program, the state will not be able to continue assessing us the fees we now pay to support it. The second items appears to speak to concerns that the proposed awarding of this contract to the Motorcycle Safety Foundation was not fairly handled. Third, it would require CDOT to tell the legislature what it is spending MOST money on so that if more than 15 percent is going for administration that will be very clear. And fourth, it would require CDOT to get legislative OK in the future if other sweeping changes are proposed.

If someone wants to offer a clearer explanation I urge you to do so in a comment to this post.

So anyway, this is what will be going on Tuesday down at the Capitol. Bruce Downs, ABATE state coordinator, told me he will be there to testify and I’m sure there will be others as well. I’ll be observing, and will have a follow-up report afterward.

Biker Quote for Today

When I drag my elbow it’s part of the crash.

I’ve been digging into this story of Senate Bill 15-286 and it’s getting curiouser and curiouser. I spoke today with Dave Tolbert, who runs the Motorcycle Training Academy. Dave has been very busy all day talking to legislators and other operators of training outfits, all of it focused on this bill.

The word on this bill, mentioned by Robert Frank in the notice from him I ran here, and reiterated by Dave, is that Sen. Jerry Sonnenberg introduced this bill on behalf of ABATE and T3RG. Very interesting if that’s the case considering I belong to ABATE and go to meetings and I sure hadn’t heard anything about this.

While the original bill didn’t say this, amendments late on Friday night added wording to this effect: The bill repeals the motorcycle operator safety training program and instead requires the department of revenue to issue a motorcycle endorsement to an applicant who:

* Provides proof of completion of a motorcycle training program; and
* Attests that the program used the curriculum established by the National Association of State Motorcycle Safety Administrators.

Dave explained this to me. Many of you may be familiar with Lee Parks and his Total Control program. Parks is, in Dave’s term, a “curriculum vendor.” He offers a fully developed curriculum for rider training and markets or franchises it across the country.

So according to Dave, Lee Parks asked the State Motorcycle Safety Administrators (SMSA) organization, “Can you verify that my curriculum meets the NHTSA (National Highway Transportation Safety Administration) model standards?” These standards were only recently introduced.

“SMSA had never done that before,” said Dave, “they’re not an accrediting agency, but they said, OK, sure, we can evaluate that. And now Lee Parks is the only curriculum vendor who has sent his program to SMSA because the rest of the vendors say, ‘well they’re not an accrediting agency. Why would we send it to them?’ So he is the only vendor who has curriculum that SMSA says has met the national model standards.”

Look back at that second bullet in the amendment to this bill: Attests that the program used the curriculum established by the National Association of State Motorcycle Safety Administrators.

In other words, if a student rider wants to take a course and get accreditation so he or she doesn’t have to pass the driving part of the licensing test, the only curriculum vendor whose program would meet that standard is Lee Parks. Currently, most rider training courses in the state use the curriculum offered by the Motorcycle Safety Foundation, a competitor of Lee Parks. All the MSF training in Colorado would lose the ability to offer students automatic exemption when they went to get licensed.

Can you understand that Dave Tolbert and a lot of other outfits around the state are in a tizzy?

But what about ABATE? The ABATE training is MSF based. Why would that group support this?

As I say, curiouser and curiouser. I hope to have more information soon.

Another Biker Quote for Today

Accidents hurt — safety doesn’t.

This seems to have come almost out of nowhere, though I suspect it is actually the result of some behind-the-scenes efforts, but all of a sudden there is a bill in the Colorado Legislature to defund the Colorado Motorcycle Operator Safety Training (MOST) program. The bill was introduced on Thursday and the session ends on Wednesday so anyone who wants to contact their representatives needs to do so right away. And due to the nature of the situation, I plan to put up several posts in quick order, unlike my standard Monday/Thursday schedule.

I first got wind of this via an email from ABATE District 10 rep Carol Downs forwarding an email from ABATE legislative affairs officer, Stump. Here’s what Stump had to say.

The 2nd bill on Thursday at the Senate Transportation Committee was more exciting, SB15-286 (MOST Bill). On Tuesday, Senate Sonnenberg introduced a bill to get rid of the MOST Program. We had talked about this issue last year a few times at our SBOD Meetings and agreed that if the subsidies were going away, we didn’t want our $4.00 and $2.00 going to administration of the program (which wasn’t doing its job in the first place). The bill passed 3-2. Thanks to Bruce, Tiger, and Colleen Boyle (T3RG) for testifying. There was quite a bit of opposition from other Rider Ed. Vendors, but the truth prevailed and the bill was sent to the Senate Finance Committee. I expect it to pass that committee today then on to the Senate floor and hopefully to the House by Tuesday. It wouldn’t hurt to send a quick e-mail to your legislators asking them to vote yes on SB15-286 (MOST Bill). I’ve sent an explanatory letter to all the Senators already and will follow up with a similar letter to all the Representatives this weekend, so all you’d have to say is, “As a constituent, I urge you to vote yes on SB15-286 (MOST Bill).” That’s all it would take.

So we’re clear on where ABATE stands on this. My next thought was what position this new group, Motorcyclists Advocacy of Colorado (MAC), was taking on it. Turns out my still developing understanding of MAC was a little off. Here is the explanation of the group’s intent, as given to me by Terry Howard, who is a co-founder of MAC.

MAC does not take positions on issues. The purpose of MAC is to inform the motorcycling public of issues that will affect us. We produce facts surrounding the issue and publish the information. It is then up to the individual members what position THEY choose to take. We provide guidance and coaching to address the issue, whichever side they are on.

Pursuant to its intent to provide information, I found on their Facebook page an ongoing update on the progress of the bill. It seems it is now to go to the Senate Appropriations Committee today, after receiving some amendments.

Not all groups wish to see MOST abolished. Alan sent me the following from Robert Frank:

URGENT – Final legislative vote will happen on or before Tuesday 5-5-15

The people that are doing their best to kill the MOST program in Colorado (ABATE & T3RG) have introduced a bill to do just that, SB 15-286.

As first introduced it had a lot of holes, was poorly written, it had major issues.

Well, it’s been amended with exclusionary wording, that if passed, will disallow all MSF Motorcycle Safety Foundation training in Colorado.

It will make Lee Parks, Total Control the only certified course in Colorado.

Currently in California Lee is charging $258 for the equivalent of the MSF BRC (Get your license course) The MSF course is available in Colorado @ $160.

Lee’s charging $475 for his ‘Premier’ course. The MSF equivalent is available for $260.

If Lee Parks is made the only authorized course you will pay more for your training, loose your manufacturer training rebate, you HOG rebate and quality MSF products.

Please call, write, e-mail your state senator / representative and let them know you do not support this bad bill.

How likely is it that this thing will pass? I have no real insight but considering the fate of numerous other bills in the last few days I would tend to expect it to fail. At this time. I would expect to see it return in the next session if it doesn’t pass now. We’ll see. In the meantime, I have calls in to some folks and will be posting more very soon.

Biker Quote for Today

Biker Heaven: The road, full tank, full throttle

I got the update on Sunday as to the revisions in the MOST legislation that are in the works.

MOST, as you may recall, is Colorado’s Motorcycle Operator Safety Training program and it has been under attack from various sides for a variety of reasons. Most recently the issue has been that the state administrators of the program have wanted to direct most of the money to motorcycle awareness programs and the like, away from the rider training programs for which MOST was created.

After attempts to bring about changes administratively, it was decided that the only way to deal with the situation was through legislation. According to Terry Howard, state coordinator for ABATE of Colorado, all of the training organizations who work with the MOST program, “including one of our enemies,” as well as the Colorado Confederation of Clubs, have agreed on some proposed wording for revision of the law. Now the folks who work to ensure that language is right before it gets enacted into law will take a crack at it and it is hoped that two legislators, a Democrat and a Republican, will introduce the bill in the two houses of the legislature.

Here are the changes, as proposed. I have put the new language in italics:

In the paragraph where it spells out the purpose of MOST, language would be added to say “that promotes motorcycle safety awareness including but not limited to, share the road and impaired riding programs and supports courses . . .”

Next it tweaks the mandates for how the money will be spent. The strike-out represents a change to the current language:

(e) The office shall not expend more than fifteen twenty percent of the total cost of the program for administrative costs, and not more than ten percent for promotion of motorcycle safety.

A new paragraph would be added that reads:

(f) Seventy percent of the total program funds shall be used for tuition subsidy for all MOST-approved courses, with the intent of keeping training accessible and affordable, thereby enabling more persons to enroll in and complete such safety training and to encourage persons to seek continuing training.

So now we’ll see where this effort goes. Terry says that, being bipartisan, there should be no reason it fails to pass, but who knows about anything these days.

Biker Quote for Today

We can’t crash an infinite amount of times, so you better learn from every one!

ABATE of Colorado hasn’t given up on the badly crippled Motorcycle Operator Safety Training (MOST) program yet, despite its being twisted out of shape by the bureaucrats charged with running it.

ABATE State Coordinator Terry Howard told me Sunday that “the program is a mess.” She said they have cut reimbursements for riders seeking training and the person charged with overseeing the program has been burdened with so much paperwork that they don’t have time for any quality assurance visits that are the key to ensuring that the program functions as intended.

In discussion with Sen. Lois Tochtrop, a close ally of ABATE, the idea of lobbying for removal of the $2 per year fee that each of us pay when we renew our plates was dropped because that would mean no program at all. Of course, I thought killing the program was about the point Terry had gotten to in her thinking but I guess she’s not ready to give up.

Instead, the plan now is to work with the legislature to try to mandate how the money is spent. According to Terry, the folks at the Colorado Department of Transportation (CDOT) are saying the 15 percent of the dollars that are now allocated for administration are not enough to do what is needed. The bill that ABATE hopes to have introduced by Democrat Tochtrop in the Senate and by a Republican member in the House would mandate 20 percent of the money go for administration, just 10 percent for motorcycle awareness programs, and the other 70 percent for rider training cost deferral.

Of course, the whole point of the MOST program from the start was to make it less expensive for new riders to take training classes, thereby–hopefully–resulting in better riders and fewer motorcycle fatalities on Colorado roads. But the way things have gotten twisted, very little of the money now goes for that purpose, which is why the people who have always backed the program are so upset. CDOT wants to use almost all the money for motorcycle awareness programs. Never mind that similar programs for people in cars and trucks do not get paid for by extra fees on car and truck license renewals.

What’s going to happen? Who knows. Stay tuned. But Terry hasn’t given up hope.

“We’ll fix it one way or another,” she assured me.

Biker Quote for Today

The most dangerous times on a bike are the first month when you don’t know what you’re doing, and the fourth month when you think you do. — Bill

There was one major theme to my weekend and that was motorcycles. I started off Saturday morning running over to Grand Prix Motorsports to test ride some Victory bikes and from there headed over to Fay Myers Motorcycle World for the Civilian Top Gun competition. When I got there I discovered that they also had the trucks in from KTM and there were KTM bikes to be test ridden. So I did. I’ll have reports on test rides later.

Then on Sunday I went to my ABATE meeting and there were some interesting bits of news coming out of that as well.

On both days I rode my Concours and I have to tell you, it’s weird how I now find myself having to refamiliarize myself with my different bikes when I have been riding one of the others lately. The Concours has been my standard for years but now the pegs seem so high and the bike seems so heavy, it’s just bizarre. After awhile I do adjust, however.

So I got down to Grand Prix just as one ride was going out so I had about half an hour to hang around and get signed up and decide what bike I wanted to ride. I ended up choosing the Victory Boardwalk. The group came back and I claimed the Boardwalk and off we went. When we got back I sat on the bike a few moments while I made notes about my impressions and when I looked around all the bikes had already been claimed for the next ride. I had a lot to do that day so I was not inclined to stick around so I left having just ridden the one.

I got over to Fay Myers just in time to find that the competition was halted for lunch. I ran into Dom Chang, who writes for Examiner.com as the Colorado Motorcycle Travel Examiner, and he was there covering the Top Gun event. Here’s the link if you want to see his video and article.

So I strolled around a little and saw these semis with KTM on the side. Sure enough, they were doing demo rides. Now, I had never ridden a KTM before so I jumped at this opportunity. They only had two models on hand, the Adventure and the more off-road oriented version of the Adventure, with taller suspension and other modes. I only opted to ride the basic Adventure because the other is the kind of bike you’d ride through the Sahara and I’m really not interested in that kind of thing.

After the ride I watched the Top Gun competition for awhile and chatted with Dom and then took off.

Then there were two interesting things that came up at ABATE. First off, someone made the point that if you’re going to run a poker run you legally have to have a gaming license. ABATE does, but how many of these other organizations that hold one run a year–and they are proliferating in number–who do have a gaming license? I guess the state just turns a blind eye.

The other thing is the MOST program. This is the riding training program funded by the $2 we each pay each year when we renew our motorcycle plates. It was the subject of much controversy last year but the legislature voted to extend the program with revisions. Well, now the changes have been made and even the people who formerly supported it are saying that if this is the way it’s going to be run let’s just get rid of it. Terry Howard, the ABATE State Coordinator, reported that at Saturday’s state board meeting the vote was in favor of repealing the $2 fee and then if the state can’t come up the money to keep it going, let it die. There’s more to it than that but that’s it in a nutshell. A pretty amazing turnaround.

Biker Quote for Today

If we don’t change direction soon, we’ll end up where we’re going.

Colorado’s Motorcycle Operator Safety Training (MOST) program faced extinction last year but survived, on the condition that an advisory committee oversee its operations.

So here’s a question: Who is going to serve on that committee?

The answer to that question might be spelled out in three letters: Y-O-U.

Here’s the deal. The Colorado Department of Transportation (CDOT) put out a notice today that it is seeking parties “interested in participating in the creation of the aforementioned board.”

What will the committee’s responsibilities be?

The Motorcycle Operator Safety Advisory Board’s legislative charge is to meet at least quarterly to:
• Recommend training methods to increase safety reduce motorcycle crashes and injuries;
• Recommend training methods to increase program effectiveness;
• Recommend improvements to the program and training;
• Make recommendations on expenditures of fund moneys.

OK, so who are they looking for?

Two year term positions:
• Two members who represent most vendors;
• One member who represents retail motorcycle dealers;
• One member who represents third-party testers;
• One member who represents instructor training specialists.

One year term positions:
• One member who represents the motorcycle riding community;
• One member who represents motorcycle training providers not affiliated with the program;
• One member who represents law enforcement agencies;
• One member who represents motorcycle insurance providers.

OK. If you’re in the industry there are a lot of options. If you’re just an everyday Joe it seems to come down to just the person who “represents the motorcycle riding community.”

So what do you do if you’re interested?

If you represent one of entities identified as Advisory Board Members and you are interested in serving on the Advisory Board to meet the legislative charge, please send the following information to Mr. Glenn Davis at
glenn.davis@state.co.us. This information must be received by June 15, 2013 in order to be considered.
• Name
• Membership Position you desire to fill
• Phone number(s)
• Contact Address
• Email address(s)
• Qualifications for the membership position in a Word document

It is encouraged that this information be forwarded to other qualified membership candidates.

The information will be collected for review by the Executive Director of the Colorado Department of Transportation for Advisory Board appointment. The first meeting of the Advisory Board will have the first meeting will be scheduled in August of 2013. If you have questions regarding the process please
contact Glenn Davis at 303-757-9462.

So that’s the deal. If you ever felt you ought to have more say in how the state deals with motorcyclists you’ve never had a better chance than now. I’ll be interested to see who ends up on this committee.

Recent from National Motorcycle Examiner
Where are the Ducs?

Biker Quote for Today

Throw off those comfortable chains that the U.S. consumer society has burdened you with, go and ride solo into places far outside your comfort zone, and learn interesting things about yourself.