Rights

Lawmakers target public stunts

Crackdown on road antics could snare responsible riders

Compiled by Bill Kresnak

We’ve been saying for years that the irresponsible acts of a few motorcyclists can have a negative impact on all riders.

And for the latest proof, look no further than stunt riders who pull outrageous, dangerous and highly visible stunts that endanger themselves and others on public roads.

It’s a fad that has become more prevalent in recent years—and one with serious ramifications.

“Stunting on public roads is foolish and dangerous, and should be stopped—no question,” says Ed Moreland, vice president of government relations for the AMA. “The problem is, though, that we’re seeing proposed laws aimed at stunt riding on public roads that, while admirable in their intentions to curb illegal acts, have consequences far beyond their intended targets.”

The new laws come as national and local news media outlets focus on riders on public roads doing dangerous stunts like stoppies, wheelies and even standing on the seats of their bikes.

Motorists—and lawmakers—who see these dangerous stunts on public roads remember those motorcyclists, and forget about all the responsible riders who have shared the road with them quietly and safely.

One of those lawmakers is Florida state Rep. Carlos Lopez-Cantera (R-Miami), who became concerned enough about stunt riders to ride along with the Florida Highway Patrol to get a look at these dangerous riders for himself. During his ride, he told the Tallahassee Democrat newspaper, he saw riders pulling alongside troopers, gesturing, popping wheelies and racing away because they knew they couldn’t be caught.

“People are using the highway like their own playground,” Lopez-Cantera told the newspaper. “These kids obviously have no respect for the law. There is a need to make penalties severe enough to get their attention.”

In response, he introduced late last year House Bill 137, which called for forfeiture of the motorcycle if a motorcyclist was convicted of reckless driving or riding 30 mph or more above the speed limit.

In addition, the motorcyclist would lose his or her motorcycle license for a decade, though operating a car would still be allowed.

The problem, as AMA government relations staff note, is that the law doesn’t apply to car drivers doing the same actions. Simply: A driver convicted of reckless driving, or speeding in excess of 30 mph over the limit, could still keep the car, making the bill clearly discriminatory.

The bill was later modified, but the unequal treatment between car and motorcycle operators wasn’t addressed.

The House Infrastructure Committee in January reworked the bill after police testified that it’s very easy to charge someone with reckless driving.

The reckless driving provision of the bill was dropped, and wording changed so that anyone convicted of riding 50 mph or more above the speed limit would face a $1,000 fine for the first offense, and a $2,500 fine and one-year loss of driver’s license for a second offense. A third offense would result in the rider’s motorcycle being forfeited and license suspended for 10 years, although the rider could still drive a car.

“The idea of increasing road user safety by cracking down on stunt-riding on public roads is extremely valid, and one the AMA supports,” says Imre Szauter, AMA legislative affairs specialist. “This execution, however, is extremely discriminatory because it targets motorcyclists and no other road users. It’s simply not fair.”

In another example of state lawmakers outraged by the dangerous antics of stunt riders on public streets, Missouri state Rep. Jeff Roorda (D-Barnhart) has introduced a bill that would make it illegal to stand or do handstands on the seat, frame or handlebars while riding a motorcycle.

The bill also outlaws wheelies. Even removing both hands from the handlebars would be a violation of the proposed law, which would be a Class C misdemeanor punishable by up to 15 days in jail and a fine of up to $300.

The AMA believes that speeding and reckless driving traffic laws should apply to all road users equally—car and truck drivers as well as motorcycle riders.

“The problem of riders doing dangerous stunts on public roads has only been growing, and it’s entirely predictable that we’re seeing these proposed laws,” Moreland notes. “While this illegal activity has got to stop, law enforcement can address this problem with reckless driving and other laws already on the books that apply more uniformly to all road users.

“There’s no need to discriminate against motorcyclists by targeting us for harsher penalties than would be suffered by car drivers,” he says.

MOTORCYCLIST WAS TICKETED

HOV Lane Conviction Overturned
A year and a half after being convicted of riding her motorcycle in a high-occupancy vehicle lane, AMA member Karen Perrine got some good news.

Her conviction was overturned.

In a letter dated February 15, the state of New York Department of Motor Vehicles Appeals Board told her that her conviction was reversed and would be removed from her driving record.

“When I opened the envelope from the Appeals Board I felt some satisfaction in having the conviction reversed,” Perrine said, “but it’s been extremely unfair to me that I have had to sit for over a year and a half with the points from this ticket on my driver’s license while I waited for a decision from the Appeals Board. I was not breaking the law.

“In the last year and a half, those points have made me eligible for a new $300 New York Drivers Assessment Fee and led to the cancellation of my auto insurance policy. The total cost of this ticket including the appeal, that fee and the replacement auto insurance policy has been $1,270.”

Perrine was riding her Yamaha FZ1 to work in New York City from Staten Island in October 2005 in the HOV lane of the Brooklyn-Queens Expressway when she got pulled over for “disobeying pavement markers (HOV),” meaning she was ticketed for riding a motorcycle in an HOV lane.

She was shocked because motorcycles are allowed in HOV lanes under a federal law the AMA got passed in 1991 that specifically prohibits states from banning motorcycles from HOV lanes unless they can demonstrate a specific safety hazard related to the road.

Armed with that information, Perrine appeared before a judge on July 21 and argued her case. But the judge convicted her of the HOV violation. Perrine then appealed, and won.

Meanwhile, the city of New York has yet to rewrite its rules to allow motorcycles in HOV lanes despite the federal law, claiming the police oppose the change.

“It’s outrageous that the rulemakers would allow the police department to block them from making their HOV rules comply with federal law,” said Imre Szauter, AMA legislative affairs specialist. “We’ve been stonewalled in our efforts to get answers, but we’re on the offensive. We will get answers. And, hopefully, we will convince the city bureaucrats that federal law must be followed.”

Perrine noted: “The New York City DOT had drafted an amendment that would make local traffic rules comply with the U.S. Code, finally. The new rules were to take effect by this spring. Now I hear that the New York Police Department is preventing the amendment from passing.

“I’m not sure how they think they can override federal laws.

“I have the reversal from the Appeals Board telling me the ticket was a mistake. But I could use the HOV lane tomorrow and start this nightmare all over again unless the city traffic rules are changed to be in line with federal law,” she said.

ANTI-OHV BIAS FOUGHT

New Mexico Legislation Blasted
The AMA and the New Mexico Off Highway Vehicle Alliance went on the offensive in February to derail fast-tracked legislation in the New Mexico Legislature that was bad for OHVers.

The effort resulted in a partial victory, with the legislation rewritten to address some of the OHV community’s concerns.

Senate Joint Memorial 40 was intended to authorize a study on the use of off-road motorized vehicles in the state. However, the measure’s language appeared to authorize a study to reinforce pre-existing biases against OHVs.

The AMA encourages responsible, safe and courteous practices by OHV users and welcomes an impartial study to help New Mexico’s agencies and land managers better plan and manage OHV recreational opportunities. But SJM 40 began with the assertion that OHVs have a negative impact, and placed two agencies in charge of the study that had no background in OHV management.

TRAIL MONEY AVAILABLE

Yamaha, Polaris Fund Grants for Trails
Two motorcycle manufacturers are stepping up to help motorcycling groups create and maintain trail-riding opportunities.

Yamaha Motor Corp. has launched its new OHV Access Initiative to promote safe, responsible riding and keeping riding areas open. And Polaris is continuing with its own similar program.

Through its new program, Yamaha will give grants to organizations with programs to guarantee responsible access to trails. The company encourages clubs, associations and agencies to submit detailed applications for grants.

Grants can be used for such things as trail development, restoration and maintenance; trail signs and map production; staging area construction, renovation and maintenance; and safety and education.

Organizations must be based in the U.S. and must be either exempt from federal tax or be a non-profit organization.

For more information, go to www.yamaha-motor.com/outdoor/OHV_Grants/OHV_Grants_Home.aspx.

Meanwhile, Polaris’ T.R.A.I.L.S. Grant program so far has awarded $591,657 to local, state and national ATV clubs.

T.R.A.I.L.S. stands for “trail development, responsible riding, access, initiatives, lobbying and safety.” The grant program is designed to promote safe and responsible riding, and to preserve access to riding areas.

Money can be used by organizations for trail development and maintenance projects, safety and education initiatives, lobbying and other projects.

The grants are given to not-for-profit national, state and local organizations in the U.S. to ensure the future of ATV riding.

For more information, go to www.pi54.com/ATV/PDFs/TRAILSGrantAppForm.pdf.

© 2008, American Motorcyclist Association