Archive for the ‘Biker Issues’ Category

Senate Will Tweak Distracted Driving Bill; Passage Likely

Monday, January 28th, 2019
Senate hearing

A bill fighting distracted driving appears to be moving forward in the Senate.

The gist of testimony Thursday on SB-12 was that nobody contests that the use of cellphones while driving is a problem, the only dispute is in how to deal with it.

SB-12 is a distracted driving bill introduced by Sen. Lois Court that would make it illegal to use a cellphone hands-on while driving. “Our cars are not mobile phone booths,” she said. Testifying in favor were a variety of motorcyclist groups and individuals, as well as a wide range of other organizations.

The primary objection of those speaking in opposition to the bill was in regard to the severity of the penalties and questioning the choice to punish violators rather than provide inducements for compliance. The carrot vs. the stick.

Opponents argued that the consequences would fall most heavily on those who can least afford the fines. It was also argued that a knee-jerk response to criminalize behavior is a) not effective, and b) amounts to “symbolism, not serious results.”

Additionally, one opponent questioned the severity of the penalties, saying they are greater than those for other offenses that are much worse.

A key issue was the idea that people would face these penalties even though they had not caused any harm. Two senators mentioned their own parents, who only have flip phones and do not have the ability to set them on voice activation. However, one senator shot down her own objection by stating that in reality, if her 80-year-old father tried to dial his phone while driving it would be a disaster.

Proponents of the bill, responding to these objections, pointed out that other laws were on the books that could be objected to in the same manner. For instance, the penalty for not having your car insured are greater than the penalties called for in SB-12, and nobody suffers immediate harm when you drive uninsured.

Of course, then if you are in a crash, the person you hit suffers financially from your lack of insurance. In the same manner, while nobody is harmed if you use your cellphone while driving as long as you don’t cause an accident, if you do cause an accident, the person you hit does suffer. And the whole point of the bill is to prevent the crash in the first place.

ABATE of Colorado‘s legislative liaison, Stump, made the point that, considering penalties vs. incentives, not having to pay a $750 fine and lose four points on your license should be considered by most people a pretty good incentive not to break the law.

Ultimately, using the phone while driving is a choice you make. If your doing so results in another person’s injury or death, that was not their choice, it was a circumstance thrust upon them by your choice. If you can’t afford to pay a $750 fine, make the choice not to use your phone while driving.

At the end of the hearing sen. Court asked that the bill be laid over so that it can be tweaked to satisfy some of the concerns addressed. Presumably once she feels she has revised it enough that it will be passed out of committee it will be back for another hearing.

Biker Quote for Today

You own a car. Not the whole damn road!

Accidents Do Happen

Monday, December 24th, 2018
motorcycles on mountain road

Getting up in the hills is even better when you can get off the pavement.

We were doing some dual sport riding on a rough dirt road above Boulder, Ron, Jacque, and me, when Ron got to thinking something was wrong. He was in the lead, I was second, and he hadn’t seen Jacque in his mirror for too long. We stopped to let her catch up.

This was Jacque’s first time on dirt, so it was natural that she should take it easy, even possibly take a tumble. Taking a tumble is usually no big deal when you’re dirt-biking; I probably dumped the bike three times the first time I ever did it.

Ron didn’t wait too long to head back to find her. I sat there for maybe five minutes more and then I headed back, too. Along the way I encountered a mountain biker who called out to me that Ron had asked him to tell me to come on back.

Jacque didn’t just take a tumble, she was hurt. Thanks to target fixation, she had gone right into a deep rut she wanted to avoid, and then the skid plate on the underside of her bike caught on a protruding rock. She lost it and her momentum threw her against a boulder, with her knee taking the main force of the impact. Jacque was in serious pain.

Fortunately, we were on this particular road because it’s close to where Ron lives, so he headed to his place to get help. I stayed with Jacque to do whatever I could for her. Now, I’ve never had any first aid training, so I wasn’t the best guy to have there, but Jacque is a nurse, so she called the shots. First she swung around so she could lie back on the ground and elevate her injured leg on the boulder. I pulled out my sweatshirt to give her something under her head.

Figuring that a distraction from her pain would be a good thing, I started jabbering. I’m normally a pretty quiet guy but I just started telling her stories, not apropos of anything. After a few minutes she interrupted me.

“Do you know first aid?”

“No, not really.”

“OK, well, I’m going into shock and I may pass out. If I do, here’s what you need to do.”

And she gave me instructions. I listened carefully. There’s something about “I’m going into shock and I may pass out” that really gets your attention.

Then I went back to jabbering and telling stories.

It all ended well. Ron got back and he got Jacque to the hospital. It had seemed likely that there were broken bones, but the X-rays said no. And then, talk about getting right back on the horse after falling off, Ron told me a couple weeks later that Jacque was doing fine and had gone out and bought herself a new dual sport bike. It turns out that she was having the absolute time of her life, right up until she met Mr. Boulder.

As for me, I’m thinking first aid training might be a good idea.

Biker Quote for Today

Here’s to the women who make other women wish they could ride, too.

Senate Opposes Motorcyclist Profiling

Thursday, December 20th, 2018
tractor-motorcycle

You kind of have to wonder how you would profile this guy.

The U.S. Senate at least did one thing in a bipartisan fashion this week: they passed a resolution opposing motorcycle profiling.

Profiling, in case you somehow have never heard of it, is the situation where the law enforcement folks use the fact that you ride a bike as an excuse to check you out for unrelated possible illegalities. Or let’s take the wording from the resolution.

Whereas motorcycle profiling means the illegal use of the fact that a person rides a motorcycle or wears motorcycle related apparel as a factor in deciding to stop and question, take enforcement action, arrest, or search a person or vehicle with or without legal basis under the Constitution of the United States;

Often, in recent years, this has taken the form of stopping motorcyclists–and only motorcyclists–to do license and safety equipment checks. Go ahead and stop everyone for these checks and the rider community will not object. Single us out and we do object.

So the resolution does not bear the force of law, but it does make it clear where the U.S. Senate stands on the issue. And this resolution was passed not just on a bipartisan basis, but unanimously. That’s pretty unequivocal. Are you listening out there in law enforcement land?

Omitting all the “Whereas” statements that set the stage, the resolution was this:

Resolved, That the Senate—
(1) promotes increased public awareness on the issue of motorcycle profiling;
(2) encourages collaboration and communication with the motorcycle community and law enforcement to engage in efforts to end motorcycle profiling; and
(3) urges State law enforcement officials to include statements condemning motorcycle profiling in written policies and training materials.

Now we just have to keep pressing, probably forever, to get this idea across.

Biker Quote for Today

“I had a dream about a motorcycle,” said Harry, remembering suddenly. “It was flying.”
Uncle Vernon nearly crashed into the car in front. He turned right around in his seat and yelled at Harry, his face like a gigantic beet with a mustache: “MOTORCYCLES DON’T FLY!”
Dudley and Piers sniggered.
“I know they don’t,” said Harry. “It was only a dream.”
— J.K. Rowling, Harry Potter and the Sorcerer’s Stone

Don’t Call Us A Gang

Monday, December 17th, 2018
CB750 Custom with Cherry Creek Reservoir in the background.

Looking out over Cherry Creek Reservoir.

The thermometer on Sunday read 59 degrees, there wasn’t a cloud in the sky, and only the faintest breeze was blowing. To ride or not to ride was not an issue. The only choice I had was which bike to ride. I chose the Honda, mainly because getting it out was the least effort.

I started off, as I so often do, across the dam to pick up Parker Road. On such a great day there were a lot of bikes on the road.

As I neared and then crossed over Arapahoe Road there were two bikes coming up on the on-ramp. As the traffic flowed one of them merged ahead of me and the other behind me. We cruised like that for a while and I was a little puzzled when the guy behind me did not take advantage of opportunities to pull ahead of me and rejoin his buddy. When we came to a traffic light I made sure to leave him plenty of room to pull past.

But he didn’t. He stopped behind and it dawned on me this was not his buddy ahead of me, we were just three solo riders who all happened to be in the same place at the same time.

I have often had the fantasy of getting mingled with some bikers who had been up to something nefarious and having all of us get scooped up the police. How to convince the cops that I really didn’t know these guys and I was not involved in whatever they had been doing. The obvious line of persuasion would be that hey, just because you see two people in cars you don’t assume they’re together. Well, just because we’re on bikes doesn’t mean we’re together either.

Judy summed it up pretty well, though, when I mentioned this to her: People in multiple cars generally do not travel together; people on multiple bikes frequently do. And if you see a bunch together it’s normal to assume they are in fact together. See, even I made that assumption.

So I peeled off from my “buds” in Parker, heading west on Main Street. This is a developing area so even though I had been on this road not that long ago there was new stuff to see. The southern suburbs keep creeping. Just before reaching I-25 I turned north on Peoria and was surprised to see, at Lincoln Avenue, the University of Colorado South Denver Campus. What? Really? This growth just amazes me at times.

Continuing north I passed under C-470 and ran up into the south end of Arapahoe County Airport. That required a jog over onto Potomac and from there I meandered my way on home. Not a long ride but very nice of a terrific day.

Biker Quote for Today

There are two kinds of people . . . motorcycle owners and sad people.

Why Your Support Counts

Thursday, November 8th, 2018
legislative hearing

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.

Truth And Ignorance Update

Thursday, October 25th, 2018
motorcycle exhaust

I’d guess the pipes on this custom bike are not quiet.

After I put up that latest Examiner Resurrection piece I got to wondering if these anti-noise groups have perhaps gotten their facts a bit more in line since that was published in 2010. So I’ve been perusing their websites to see.

First I visited the NoiseOFF site. Recall that back then this group was accusing the various motorcycle rights organizations (MROs) of lobbying “to defeat motorcycle noise legislation.”

So has NoiseOFF gotten their facts a bit more in line? Read this:

Some riders join motorcycle rights organizations (MROs) that lobby against motorcycle noise legislation. These organizations include the Motorcycle Riders Foundation, and American Motorcyclist Association (AMA). In many cities and states, there are groups that call itself ABATE.

Also:

The AMA compromises (compromises? I think they mean comprises>) over 300,000 members and more than 1,200 chartered clubs, with corporate representation from the motorcycle industry. Through sponsored events and organized campaigns, they mobilize their membership to lobby to defeat motorcycle noise legislation.

So no, NoiseOFF still has their FactsOFF.

Also of note, their web page also contained this:

The National Highway Traffic Safety Administration (NHTSA) analyzes and reports on motorcycle accident data statistics and acts as a clearinghouse on motorcycle safety.

In their 2007 published report, ‘Fatal Two-Vehicle Motorcycle Crashes’ (DOT HS 810 834), motorcyclists were found to be overwhelmingly responsible for causing accidents with passenger vehicles. In nearly three-fourths of the two-vehicle motorcycle crashes involving passenger vehicles, the role of the motorcycle was recorded as the striking vehicle. Additionally, factors including alcohol impairment, invalid license, and speeding were more attributed to motorcycle riders.

Wow. I think they misread the stats. Other studies have shown that it is predominantly the car driver who is at fault. Yes, the bike may strike the car, but that is almost always because the car turned in front of the bike. I’m all in favor of keeping noise under control but these people need to get their facts straight.

What about Noise Free America? Back in 2010 they were saying that “In reality, the Sturgis event is probably the largest concentration ever of lawbreakers. And Mike Rounds, the governor of South Dakota, gave aid and comfort to this massive lawbreaking.”

Frankly, they’re probably right about that. While I don’t find this statement on their site anymore, they do present a much more factual look at the nature of motorcycle noise and enforcement efforts. They look at what the legislation is, how enforcement is generally ineffective, and at what might be done to address that ineffectiveness. Mostly they call for enforcement of existing laws.

I agree. That’s what I said in 2010. But don’t just focus on motorcycles. As I said then, “If noise of any kind is a problem, pass laws that limit the noise regardless of the source. And then enforce those laws.”

I guess nothing has changed in the interim.

Biker Quote for Today

Good girls go to heaven. Bad girls go to Sturgis.