Passes & Canyons Blog

ABATE of Colorado is a motorcycle rights organization, and one of the strongest voices on motorcycle-related issues that we have down at the state capitol.

Of course a lot of what ABATE deals with at the capitol is dictated by what bills are introduced each session. Nevertheless, it is useful to also set priorities as to which issues we want to push to have addressed. Stump is our legislative liaison down there and he has asked the group what we think the priorities should be for the next session, which will start in January. He offered six and would like to hear how we would rank them, plus I’m sure if someone offered another one that made everyone say, “Well, of course!”, then that would be welcome, too.

So I figured, why not throw this out there for anyone I can reach to offer their thoughts, too. I’m going to list the six, with a bit of explanation, and would love it if you would leave a comment with your thoughts. Thanks.

Lane-splitting: Although it has been allowed there for years, California just became the first state to officially make lane-splitting legal. This allows you to go up the middle between cars when traffic is either stopped or going extremely slow. I don’t really need to explain this further, do I?

The MOST program: The Motorcycle Operator Safety Training program was originally set up as a way to encourage riders, or especially prospective riders, to take training courses so they can become better, more competent, and presumably safer motorcyclist. The idea is that we all pay a couple bucks extra when we renew our plates and licenses each year and that money goes to reduce the cost for the trainee.

The Colorado Department of Transportation, which administers MOST, may argue differently among riders it is generally considered that MOST has strayed far from its mission and needs to either be revamped or eliminated. This is especially pertinent this year because it is up for sunset review. Is the riding community going to support keeping the program alive or will we push our elected representatives to kill it?

Autocycles: These are this proliferating group of three-wheeled vehicles that, because legislation does not keep up with society, are now classified as motorcycles. This classification creates a number of problems. When crashes occur, even though the factors involved may be completely unique to the three-wheelers, they get counted in motorcycling statistics. Plus, to ride one you might need a motorcycle rider designation on your driver’s license, which hardly seems appropriate if you’re riding one of those little Polaris Slingshot things.

There is movement all across the country to create a new classification of vehicle, the autocycle. Certainly this is something we should support here, but how much of a legislative priority is it considering that so far none of our legislators seems to be pushing it on their own.

Red light bill: Not all traffic signals that require triggering by vehicles to make the light turn are capable of detecting motorcycles. You can sit there for a long time waiting for it to turn. At some point you really ought to be able to go through the red without fear of being ticketed.

Right-of-way enhanced penalties: I posted on Monday about this Michigan legislator who was killed on his motorcycle when a car turned in front of him. He had the right-of-way and that driver violated his right-of-way. We all know this happens to us way too often, and it is often due to inattention or distraction. Should those people face extra harsh penalties for their negligence that led to a rider being killed? As it is, reports are all too common about these drivers getting fined $50 or some other such minor slap on the wrist.

Motorcycle-only checkpoints: Some states like to set up checkpoints where all they do is pull over motorcyclists to see if they have a valid motorcycle operator’s license and perhaps to do equipment safety checks on the bikes. They only pull over bikers. And they don’t always take motorcyclists’ special needs for stable footing and such when they select the places they’re going to do this. There is pressure to have these profiling events banned; some states have already done so.

That’s the list. What are your priorities?

Biker Quote for Today

It’s not a phase, it’s my life. It’s not a hobby, it’s my passion. It’s not for everyone, it is for me.

I got a bit more information on the push to exempt motorcycles from needing transponders to ride in HOV lanes without paying fees or having to get a transponder. The intent is clear and undisputed but the problem stems from not getting input from the public when the system was designed.

Carol Downs went with her husband, Bruce, and Stump to see how the systems of cameras and tracking works that enables the new system of toll lanes. Everyone had assumed up to that time that it would be simple to just recognize a motorcycle and send that file to the trash, with no dunning notice sent to the owner of that license plate.

Not so easy, Carol told me. While it easy enough to recognize a motorcycle from the photos, the photos feed through to the people charged with issuing the fee statements from the entire system with no way for them to tell if this rider is in the HOV lane on I-25 or on the E-470 toll road. If you’re on the toll road you have to pay a toll, no matter what kind of vehicle you’re in/on. If you’re in an HOV lane you don’t. But if they can’t tell what road you’re on they can’t just trash your file, unless they are willing to let some riders use the toll lanes for free. And maybe until they get this fixed that is exactly what they should do.

Funny how easy it could have been if there had been public input. ABATE would surely have gone to any hearing and raised the very same issue that was raised after the fact. And the software could have been designed from the very beginning to deal with this situation.

In the meantime, ABATE has been assured that any rider who wrongly receives notice of a fee to be paid can have that fee canceled. And in fact, one rider, who is not an ABATE member, contacted ABATE about this very thing and when ABATE spoke to the tracking company that fee was dropped. Not that the person who called decided to join ABATE to show their support for this kind of action, or even bothered to say thanks, but the group was looking for just that sort of situation in order to push the matter.

And then Larry Montgomery, the ABATE metro region coordinator, told me he deliberately rode his bike in the HOV lane its full length up I-25 just to see if he would get a letter in the mail. To date he has not.

In the meantime, the High-Performance Transportation Enterprise, which operates the tolling system, can’t get started on redesigning their software until they get the go-ahead from the Colorado Department of Transportation. And CDOT is entangled in all sorts of bureaucratic issues so there’s no telling when that will happen. But go ahead, ride in the HOV lanes. And if they send you a fee statement, give them a call and tell them to cancel it.

Biker Quote for Today

Motorcyclist: A person willing to take a container of flammable liquid, place it on top of a hot moving engine, and then put the whole lot between their legs.

After my last post dealing with ethanol in gas I was interested to receive several comments from people in the ethanol industry contesting the remarks I passed along from the American Motorcyclist Association (AMA) and from Stump, the legislative liaison for ABATE of Colorado. These guys were pretty vehement that I didn’t know what I was talking about (“You are an idiot if you believe any of this bulls***.”). I replied that I was passing along what I hear from the AMA and I trust what the AMA tells me on things like this. But I also said I would try to dig deeper and do a follow-up addressing what they were saying.

Well, that is still my intention but we’ve been out of the country and busy since we got back and we’re leaving again in a few days for another trip, so I haven’t had the time yet. In the meantime there are a few more related things I wanted to pass along.

Of course, as you probably know, the legislative session ended. Here’s what Stump said about that.

In my last LegTeam update I urged you to write the Senate Finance Committee Members to oppose SB-175 (E15 Fuel Bill) and show up on Thursday, 4/14 for the Committee Hearing. Thanks to those who wrote and to Bruce, Bear, and Harry for showing up for the hearing. I also sent e-mails to the committee members and actually had meetings with 3 of the 5 members. All 3 agreed to oppose the bill. As it turned out, Sen. Grantham, the sponsor of the bill, requested the bill get laid over till 4/12. In essence, it killed the bill since the session ends on 4/11. So even though we stopped the increase in the amount of E15 being brought into Colorado by killing this bill, which would have given retailers a tax credit to sell E15, there is a much bigger problem with E15 on the National Level.

Bruce, Bear, Harry and I met with Sen. Neville after the hearing and he told us about a Federal grant from the US Department of Agriculture (USDA) to expand the number of fueling pumps that supply E15. Colorado could get $600,000 to install 7 tanks and 28 pumps at 7 gas stations. Of course the money has to be met 1:1 by the CO Department of Agriculture or private partners. Here are 2 links so you can read more about it:

www.fsa.usda.gov/programs-and-services/energy-programs/bip/index and www.usda.gov/wps/portal/usdahome?contentid=2015/10/0300.xml .

I also found out Kum & Go is the company pushing to introduce E15 in Colorado, so if anybody wants to boycott them, feel free.

Related to this, as noted in the action alert I sent out yesterday, a bill has been introduced in Congress to promote wider availability of E15. On March 22, US Rep. David Loebsack (D-IA) introduced H.R. 4673 (the Renewable Fuel Utilization, Expansion, and Leadership Act – REFUEL Act) which would provide federal grants to purchase and install new or existing infrastructure for E15. It has 4 cosponsors already (2 from MN, 1 from IL, and 1 from WI) and with President Obama being from the 2nd largest corn producing state, is there any doubt who’s pushing for E15? Tell your US Representative to oppose H.R. 4673.

Of course, what I’m much more interested in is this thing with needing a transponder to ride in HOV lanes without getting fined. Stump hasn’t sent anything out about that so I’m still in the dark. And I haven’t had time to contact him to ask.

The legislature did pass and the governor signed the bill to do an audit at the Colorado Department of Transportation, so that could have an impact on the MOST program.

I’m feeling like this is kind of ragged. I’ll get back more in the swing of things when we get back from this next trip and I finally have time to really settle in again.

Biker Quote for Today

“Why ride?” Why breathe?

It’s pretty well established that motorcycle engines and ethanol do not play nicely together, particularly when the proportion of ethanol in the gas get beyond a certain point. And using high-ethanol gas can reputedly even invalidate your warranty on the bike.

So it should not be a surprise that ABATE of Colorado opposes E-15, which is a newer ethanol fuel that has 15 percent ethanol, vs. the 10 percent we have had for many years. E-15 crosses the line.

I got the following alert from Stump, who keeps track of legislation for ABATE and does what he can to promote or oppose bills. That is to say, he’s a lobbyist, our lobbyist.

On Monday, 3/28, SB16-175 (E-15 Gasoline Income Tax Credit For Retail Dealers) was introduced in the Senate and assigned to the Senate Finance Committee. The Senate Finance Committee Members are: Sen. Neville (chair); Sen. Hill; Sen. Holbert; Sen. Johnston; and Sen. Kerr. I requested a meeting with the sponsor of the bill. I also plan to get a letter out to the Senate Finance Committee members and possibly meet with a couple of them before the committee meets on this bill which is scheduled for Thursday, 4/14. Now would be a good time to write / e-mail the Senate Finance Committee Members and urge them to oppose SB16-175. I’ve attached some talking point about E-15 Fuel to use in your letters. Please forward this to your district members ASAP and encourage them to e-mail the Senate Finance Committee Members.

Thanks,

Stump

You can read that letter with talking points that he mentioned here.

There are two issues as far as I see it. First there are the detrimental effects, of which Stump lists four:

PROBLEM 1: DEBRIS IN FUEL
Gums rapidly form in the fuel tank and fuel delivery systems as ethanol fuels age. However, ethanol is also a powerful solvent that will strip away and disperse this build up back into the fuel as large, performance-robbing particles. This leads to clogged filters, injectors and carburetors.

PROBLEM 2: EXCESSIVE WATER IN THE FUEL AND PHASE SEPARATION
Ethanol attracts moisture from the atmosphere, forming an ethanol/water solution mixed in the gasoline. Ethanol-blended fuel will naturally hold .5% water in suspension, but when water levels exceed this threshold, or when the fuel cools significantly, the water/ethanol mix drops out of suspension. This is phase separation. Excessive water in the fuel tank causes engines to run rough, stall, and can lead to internal damage to engine components. Ethanol provides a significant amount of the fuel’s octane, so when the ethanol/water solution separates and drops to the bottom of the tank, the remaining fuel is left without enough octane to properly operate the engine. Additionally, the ethanol/water solution can become partially combustible, which can lead to engine damage.

PROBLEM 3: ETHANOL FUELS BREAK DOWN QUICKLY
Over a short period of time ethanol fuel begins to break down. As ethanol and other components evaporate, the fuel loses octane and becomes “stale.” This causes hard starts, pinging and engine knock, which robs your engine of power and can cause damage.

PROBLEM 4: ETHANOL CAUSES LOST POWER, PERFORMANCE AND DECREASED FUEL ECONOMY
Ethanol fuel does not produce as much energy as traditional fuel. This results in inefficient combustion, decreased performance, reduced throttle response and poor fuel economy.

–Reprinted from StarTron fuel additive info brochure–

The other is that the only reason this whole ethanol thing has not died is because of the political pull of the corn farmers. Like so many other people I supported the idea of adding ethanol to gas originally, but like so many others I have now come to see that the whole things is a waste. It takes nearly as much energy to produce the stuff as you get from burning it and it’s not good for your motor. We tried it. It failed. Let’s kill the program and move forward. Oh, no–now we have vested interests.

At least if we could get SB 16-175 killed we wouldn’t be giving a tax credit to the stations that sell the stuff.

Biker Quote for Today

Gone riding, be back whenever . . .

Stump is the lobbyist at the state capitol for ABATE of Colorado and he has been busy. It looks as though this whole issue with motorcycles being required to have transponders to use HOV lanes will be resolved soon. I’m just going to paste in Stump’s latest email on the topic.
___________________________________

This week was another busy week down at the Capitol. HB16-123 (HOV / Transponders) is more involved than I originally thought. The part of concern to us, motorcycles needing transponders, is the easy part. Everyone involved, CDOT, HPTE, Senators, and even opponents of the bill at the Senate Transportation Committee Hearing, understand that motorcycles are HOV per Federal Regulations. The discussion now is, “How do we go about giving motorcycles “free access” to the HOV lanes?”

The rest of the bill about switchable transponders is a lot more complicated. The bill was scheduled for 2nd reading on the Senate floor on Tuesday, 2/23. It got laid over to Thursday, 2/25. I talked to a few Senators on Wednesday, 2/24, to get a feel for the bill. I’ve heard in the past that a bill is sometimes laid over if the sponsor feels he doesn’t have enough votes to carry the bill. That morning there was also a meeting with CDOT, HPTE, and a few Senators. After much discussion, a compromise was offered by CDOT, but not accepted by the sponsor. (I wasn’t at the meeting so I don’t know the exact offer). Wednesday afternoon, I did have a meeting with Senator Todd, Scott Spendlove (lobbyist for HPTE & E-470), and Andy K. (lobbyist for CDOT). While a lot of the discussion was about the bill, all of us agreed that motorcycles shouldn’t need transponders. Scott said he would take the issue directly to the Director of HPTE and work on a solution. Sen. Todd emphatically stated she wants this done ASAP and if it isn’t handled soon and SB16-123 gets killed, she would sponsor a bill specifically about motorcycles not needing transponders.

So on Thursday, 2/25, the bill was read on the Senate floor. Senators Lundberg, Jones, and Neville gave some very strong arguments in support of the bill. (The bill wants to get rid of the switchable transponders and go back to how the HOV / HOT lanes operated before July 22, 2015). Senators Todd and Heath opposed the bill. After much discussion and confusion about the ramifications of the bill, it was voted to lay over the bill till Tuesday, 3/1. There’s a meeting on Monday, 2/29, with the same people that met Wednesday morning. Since the motorcycle’s issue seems to be separate and already agreed upon, I wasn’t invited to the meeting. I’m sure there will be more compromises offered. FYI, I talked to Andy on Thursday and he said he’d send me an e-mail to the effect that CDOT is working on a solution to the motorcycle / transponder issue. (I haven’t gotten it yet).

There’s other bills happening but I just wanted to bring you up to date on SB16-123. I’ll let you know what happens next week and if we need to contact our Representatives.

Stump

Biker Quote for Today

The only date I need has two wheels, can be full on under $10, always goes all the way, and definitely screams on top.

Yeah, it’s cold out there today (Thursday) but that’s not going to stop you from riding, is it? Today was the Last Brass Monkey Run, the ABATE event that closes out each year.

There were indeed people who rode their bikes, as you can see in that photo. And actually there were quite a few more than those guys, that was just the most interesting photo I got so that’s the one I used. Altogether I’d guess there were about 30-40 bikes that showed up.

Was mine one of them? No. Our streets are still covered in ice and snow and there was no way I could get out.

“You’re not going to try to ride your bike, are you?”

No, too much ice on the street.

“Well, you wouldn’t ride even if you could would you? It’s too cold out there!”

Yes, I would ride. That’s why I have heated gear.

But until they make heated tires that melt the snow and ice I have to bow to the whims of winter.

So most of the folks at the Grizzly Rose got there in their cars, including me. And presumably because of the cold there was not that large a crowd. I estimated about 150 in the building at the point when I left. Lots of parking available. The last time I went was a warmer day and I rode, as did many hundreds of others. The parking lot was jammed with bikes. Not today.

And while I knew a few folks there, ABATE members, they were all working the event so I got a bowl of chili and a hot dog and sat down by myself to eat. About then a guy with some pretty interesting facial hair came over and asked me if I’d like to be a judge in the chili contest. Sure, why not? He told me after I ate to go around the corner and do so. So I did but when I got there they told me they had already had 10 judges and 10 was all they needed, so OK, no big deal.

I hung around a bit longer but had other things to do, so I left. Other folks were leaving, too, I could see. Maybe next year the weather will be more cooperative.

Biker Quote for Today

Life is not about waiting for the storms to pass, it’s about learning how to ride in the rain.

It’s that time of winter again. We’ve had some very nice days, good days to be out riding, but with our neighborhood streets covered in snow and ice I can’t get out. The forecast at this time suggests that before the sun does its job on our streets we’ll be having more snow. That’s exactly why I made a point to get out on all three bikes on about December 3 while it was still nicer weather. Who knows if I’ll get out again this year.

Some people are getting out, though. Obviously they don’t live on an inner neighborhood street. I mean, the main streets are clear if you can get to them.

What really amazed me, though, was a couple days ago I was out in my car and on Hampden I saw a guy on a bike. No big deal, except this was during the first melt after the snowstorm and while there was no snow or ice on Hampden, the entire road was very wet and sloppy. This was the sort of condition where your car gets coated in dark brown grime and if you don’t clean off your headlights, when you go to use them you find they don’t cast much light.

So this guy was out riding in this. Which means he was getting himself covered in all this gunk. Yow!

He was on a sportbike and had a helmet and leather jacket but unlike cars, helmets don’t have wipers to continually be clearing that stuff away so you can see. You’re more hard core than me, fella.

The next day I saw someone out, too, but by then the streets were much dryer. But at that point we were only starting to see a little asphalt show through on our street. It would take two or three more days like that to be clear and we’re apparently not going to get those days.

If there’s any way at all that I can get out, though, I will do so on December 31. That’s the day when ABATE of Colorado is having its annual Last Brass Monkey Run. This is intended to be the last riding event of the year but as you can imagine it is not always amenable to riding. So fine, if you can’t ride you go in your car. And I will. But I’d sure like to ride.

This thing has four starting points and the end is at the Grizzly Rose:
North–Rocky Mountain Saloon, 4329 CO Hwy 66, Longmont
East–Flying J Truck Stop, (I-70 Exit 285), 16751 E 32nd Ave, Aurora
South–Big Train Family Restaurant, 3050 N. Nevada Ave, Colorado Springs
West–In the Zone, 15600 West 44th Ave, Golden

If you’re going to participate the idea is to sign in (and sign your waiver) between 10 and 11 a.m. Or, finish line registration begins at the Rose at 11 a.m. Then they have food, music, and a chili cook-off, among other things. Plus an inside-the-Rose poker walk.

Then there’s usually a ride set for January 1 by a BMW group–the first ride of the year–but I’m not sure if that’s on this time around or not. I went looking for info but found none. Whatever.

So–bottom line: ride it if you can. Maybe I’ll be out there, too.

Biker Quote for Today

All I want for Christmas is you . . . Just kidding. Get me parts for my motorcycle.

Stump is the Legislative Affairs Officer for ABATE of Colorado and he has been working with the state to ensure that motorcyclists are treated appropriately–in regard to federal law–when it comes to this whole thing with HOV lanes and the requirement to have a transponder on the bike.

Stump can’t do it all. The more people who speak to their elected state officials the more they will pay attention. Here are 10 talking points Stump has put together that sum up the argument pretty well. If you have the opportunity to say anything to your state rep–or if you choose to do so on your own initiative–these are the kinds of things you might want to say to them. (I’ve tweaked a couple for grammar and clarity.)

1. Motorcycles are considered a high-occupancy vehicle (HOV) under all conditions per 23 USC 166 (b) (2) (A).

2. Federal funds were used to build the HOV/HOT lanes, qualifying the use of motorcycles as an HOV per #1 above.

3. Adding a requirement/restriction for motorcycles to use an HOV lane is not necessary for the federal law to apply.

4. Charging a motorcycle to use an HOV lane if it doesn’t have a transponder and not charging if they do is a double standard and restricts/prohibits/fines motorcycles for using a lane they are entitled to used under federal law.

5. The requirement of a “deposit” for a transponder is a collection of monies from motorcyclists by a governmental entity without the consent of the people being assessed.

6. HOV/HOT lanes are not both “toll roads” and must be considered to be two separate types of roadways.

7. HOV lanes were originally implemented to help relieve congestion, save fuel, address parking issues, etc. and provide a means for those who combined/shared vehicles to benefit from their actions. HOT lanes allow anyone who will pay a fee to receive an advantage based on money, not the original intent of the lane.

8. The Colorado Department of Transportation has stated that it is safer for a motorcycle in an HOV lane and the chance of a crash or injury is reduced, as compared to using a congested lane.

9. Requiring a transponder on a motorcycle requires those who only use the lane once or twice a year because of where they live in the state, or those motorcyclists from out of state who are unaware that a transponder is required, to pay a fine/fee to use a lane that is safer and, in the majority of states, is free.

10. Even if a picture is taken of a motorcycle and license plate, it would take only seconds to identify the vehicle as a motorcycle, discard it, and move on.

So OK, the second sentence in #7, in particular, is still a little murky to me, but in general I’d say this is good information. So if you have a chance to communicate with the people who represent you in the legislature, you’ll be doing us all a favor to bring out these points.

Biker Quote for Today

Is your motorcycle a 2 cylinder or 4 stroke?