It's more than just "fighting helmet laws"... ABATE is a motorcycle rights organization, concerned with the legislation which infringes on those rights, safety issues, motorcycle awareness, rider education and the public perception of ‘bikers’ as a sub-set of society in general. ABATE is a recognized lobbying force, in both N.Y. State and Washington D.C.; monitoring and interacting with the legislative process, enhancing the image of the sport, and providing educational and social opportunities for members as well as non-members. ABATE will continue to strive to become acquainted with both the issues and the people of the motorcycling community. We encourage all members to be informed registered voters. ABATE of New York, Inc. supports the Motorcycle Rider Education classes currently being offered throughout New York State. We feel that rider education is the most important first step in accident prevention, and we maintain the position that accident prevention should be the main focus of NHTSA (National Highway Transportation Safety Administration), as directed by ISTEA (Intermodal Surface Transportation Efficiency Act of 1991) and re-affirmed by TEA-21 (Transportation Efficiency Act for the 21st Century). NHTSA instead has pursued its own agenda of injury reduction, by way of mandated safety equipment. Our focus is on shifting funding away from NHTSA toward an agency fostering safety and accident prevention. ABATE opposed the long overdue interpretation of HIPAA (Health Insurance Portability and Accountability Act of 1996) approved by the Clinton administration in January 2001, which, while purporting to insure that no employer can deny health coverage to an employee based on participation in legal recreational activities such as motorcycling, snowmobiling, skiing, horseback riding, etc., unfortunately, (in a terminology twist and in direct contradiction of Congressional intent) goes on to say that coverage can be denied for injuries sustained during those activities. While the resolution of the long awaited dictum by the Health Care Finance Administration (HCFA) would seem to be unfavorable to our concerns, the shifting of enforcement to states gives us a new battleground, making room for a new battle. ABATE will be at the vanguard of that battle. ABATE is actively working to eliminate motorcycles from the E.P.A attempt to adopt California’s Emission Standards, the strictest in the nation, nationwide. Motorcycles are already among the most fuel-efficient and least harmful means of transport, in terms of pollution, traffic congestion, and road wear, and would create an extreme and unwarranted danger to the rider and passenger if equipped with a catalytic converter operating in excess of 800°. ABATE has seen some successes in the last decade on both Federal and State levels; getting Senator DeConcini to introduce superseding legislation to remove all references to motorcycles and motorcyclists in his Outlaw Street and Motorcycle Gang Control Act of 1991; dealing with the DeConcini Superbike Ban: getting provisions to designate motorcycle safety as a national priority in NHTSA Section 402 safety programs and to ensure motorcyclists had access to all HOV lanes nationally in the ISTEA legislation in 1991; lobbying to repeal the Federal Helmet Law in 1995 (The National Highway System Designation Act of 1995 (S.440) was the 6th most co-sponsored bill in the 104th Congress! Section 205, paragraph (e) of S.440 repealed the Section 153 penalties on States without helmet laws. Thank you President Clinton); and changing DOT specs and materials used for filling cracks in roads to a motorcycle friendly type. ABATE was successful in getting four important N.Y. State bills passed in 2001-02 and 03:
In 2001-MC Safety & Awareness was mandated to be included in the curricula of Driver Education courses taught in public schools
In 2001-The Accident Reporting Bill was passed into law.
In 2002-The MC Discrimination Bill secured your right to travel on any roadway maintained by public funds.
In 2003-The Lemon Law Bill extended motor vehicle warranties to motorcycles. Did you know that your motorcycle was not previously covered under existing N.Y. State law?
Current target areas of concern include:
1. The Yield Right of Way bill which will increase penalties for motorists who kill motorcyclists from today’s MAXIMUMS of a $100.00 fine and 15 days in jail.
2. Lowered tolls for motorcycles, which are now charged at the same rate as any two axle vehicle.
3. Reparation for benefits denied to persons injured while engaged in legal recreational activities such as motorcycling snowmobiling, skiing, horseback riding, etc. HIPAA, the Health Insurance Portability and Accountability Act of 1996, now includes language allowing the possibility that coverage can be denied for injuries sustained during those activities. We’re working on that with two bills now in Congress.
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