September Legislative

There is no state legislative news to report this month. I would like to remind everyone about the donations for the MRF, Motorcycle Riders Foundation, auction to be held during The Meeting of the Minds in Iowa. We would like to send items from our county with Prospector, to be placed in the auction to raise money for the MRF. Please bring items to the September meeting, and I will get them to Prospector at the State Meeting.

I want to send a special thank you to Tammy and Steve for taking over products for me at the Rodeo, and to all who helped them too. Don't forget we have Road Clean up after the meeting

National Coalition of Motorcyclists (NCOM)

Bikers Rally to Save Safety Funding: When word got out that the US House of Representatives was considering a transportation appropriations bill in late July, and an amendment to eliminate funding for motorcycle safety funds was being proposed, the biker community rallied to the call and succeeded in saving $6 million in grant money provided to 44 states for motorcycle safety programs.

After being reminded by scores of concerned riders across the country that saving lives is more important than saving a few dollars, the amendment by Texas Rep. Jeb Hensarling was never introduced and the Section 2010 motorcycle safety funds remained intact as the $104.4 billion dollar FY2008 Transportation, Housing and Urban Development Appropriations bill (HR 3074) went on to pass by a vote of 268-153.

Helmets Don’t Save Louisiana Motorcyclists: Despite passing a mandatory helmet law in 2004, motorcycle fatalities in Louisiana are on a record pace and on course for one of the worst totals in the country, Highway Safety Commission executive director James Champagne told attendees at a safety summit in Baton Rouge.

The summit, produced by the Louisiana Motorcyclist Safety and Awareness Committee and the Louisiana Highway Safety Commission was convened to decrease the number of motorcycle fatalities and injuries in Louisiana. Achieving that goal is urgent.

At the Louisiana summit, safety officials pinpointed reasons for the alarming increase in motorcycle fatalities. One is lack of professional training. Champagne says training should be required before a cycle owner or rider can apply for a license.

Ultimately, according to Champagne, almost all the factors that contribute to the problem can be reduced by new legislation, enforcement of existing laws - and mandated education.

Loud Pipes Ticket Dismissed: The first and only ticket that police have issued to a motorcyclist under Denver's controversial new noise ordinance has been dismissed. Attorney Wade Eldridge, himself a biker, challenged the law on behalf of his client, Stuart Sacks, who was pulled over and ticketed for having an "unlawful modified muffler," records show.

"The officer neither inspected his bike to see if it had the stamp nor did he use a sound meter," Eldridge

said. "So the most they would have had was the officer's gut feeling that it was too loud, which is not enough."

Designed to curb motorcycle noise, the controversial new ordinance took effect July 1st and limits noise levels to 82 decibels from a distance of 25 feet, and requires motorcyclists with bikes made after 1982 to have a muffler with an EPA noise-certification stamp.

Eldridge, who is the Aid to Injured Motorcyclists (A.I.M.) Attorney for Colorado and legal counsel for the Confederation of Clubs of Colorado, also claims the noise ordinance is unconstitutionally vague. The law "lends itself to arbitrary and discriminatory enforcement," he told the Rocky Mountain News. "The police can stop you for whatever reason."

Eldridge said the law leaves enforcement up to the "unfettered discretion of the individual officer," adding that his client was told he was stopped because his pipes were too loud.

Police Capt. Eric Rubin, who used to head the Traffic Operations Bureau, didn't know the details of that stop but said officers are using their training and experience in the field "as reasonable suspicion to briefly stop the rider" and check for the EPA stamp.

But the city's decision to drop the case highlighted a fundamental flaw in the law - Denver police aren't equipped with the $1,000 noise monitors needed to make the charge stick, said Eldridge, adding that, "In any case in which it's properly challenged, the city has an impossible burden." The reason Assistant City Attorney April Snook cited in her motion to dismiss the case was the city was "unable to prove charge beyond a reasonable doubt."

Ellen Dumm, spokeswoman for the city's Environmental Health Department, said an "oversight" caused the case to be dismissed. "The police officer did not inspect the pipes for the required (Environmental Protection Agency) sticker," she said, adding that the dismissal was a "one-time" thing and that the ordinance's enforcement will result in quieter streets.

Eldridge points out that even police bikes may be louder than Denver's allowable limits. According to court documents, tests conducted by the city on police motorcycles found sound levels at redline of 81.3 decibels and 81.7 decibels, and since the accuracy of the sound meters the city used is within plus or minus .5 decibels, police motorcycles may be in violation of the new noise law, Eldridge said.

Patch Ban at Sturgis Bar Spurs Boycott, Possible Legislation: A beef with Hells Angels could inspire legislation to protect wearing motorcycle-club “colors,” a state legislator told Rapid City Journal columnist Bill Harlan during Sturgis Bike Week. One-Eyed Jacks saloon on Main Street was boycotted during the rally because it is the only bar in town that bans motorcycle club insignia, and they even barred South Dakota State Representative Jim Putnam from entering while wearing the colors of his own dangerous motorcycle club, the Lawmakers.

ChiPS Star Never Got Motorcycle License: TV biker cop Erik Estrada has revealed he never passed his motorcycle test. Estrada played California Highway Patrol motorcycle cop Ponch in 1970s hit CHiPs, reports The Sun.

But he never actually had a motorcycle license for real. Estrada, now 58, had to hurriedly arrange a bike test when he was assigned to the California Highway Patrol for a new reality TV show.

And it took him three attempts to pass before he could appear on "Back To The Grind", a show that gets actors to try their TV jobs.