THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to Injured Motorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the Law Offices of Richard M. Lester. For more information, call us at 1-(800) ON-A-BIKE or visit us on our website at http://www.ON-A-BIKE.com.

NCOM BIKER NEWS BYTES
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists (NCOM)

AIM ATTORNEY FIRST TO SUE MYRTLE BEACH OVER ANTI-BIKER LAWS
Aid to Injured Motorcyclists (AIM) Attorney Tom McGrath filed the first lawsuit against the city of Myrtle Beach, S.C. challenging the constitutionality of two of over a dozen new anti-biker ordinances passed to shut down motorcycle rallies.

The suit filed September 29 in Horry County's 15th Judicial Circuit on behalf of two Myrtle Beach residents and motorcyclists, William and Carol O'Day, challenges the city's new helmet law and noise ordinances. The suit questions whether it's within the city’s “home rule” authority to supersede state law in both cases.

Both municipal ordinances, according to the lawsuit, are unconstitutional and in violation of South Carolina state law. ''It's pretty simple,'' said Tom McGrath, whose Motorcycle Law Group based out of Richmond, Virginia, filed the suit. "It's really a question of whether it's constitutional. Does state law prevail?''

“Home Rule doesn’t allow a city to pass laws that are inconsistent with state law in areas where the state has already acted,” he explained. “and South Carolina already has a helmet law for riders 21 and younger, and they already have a muffler statute in state law.”

McGrath is a graduate of the University of South Carolina and is licensed in the State of South Carolina as well as Virginia and Tennessee. As an avid motorcyclist and motorcycle rights activist, Tom founded the Virginia Coalition of Motorcyclists and provides legal counsel to ABATE of Virginia. “We go fight for the rights of people,” he added, “that’s what we do…that’s the kind of firm we are.”

Two additional lawsuits, both filed in federal court on behalf of local businesses, have since been filed against Myrtle Beach in response to the city council’s unanimous approval of 15 new laws aimed to crack down on a 70-year tradition of motorcycle rallies in the city, which include restricting vendor permits, imposing liability on promoters, limited bike parking, more restrictive loitering and public drinking laws, and other regulations designed to dissuade rally-goers.

Among other arguments, the federal lawsuits claim the ordinances are vague, interfere with people's First Amendment rights, do irreparable harm to businesses and interferes with interstate commerce.

Law enforcement began enforcing some of the new laws at roadblocks set up recently during the Fall “Pilgrimage” Bike Rally, prompting many bikers to skirt the city in protest and spent their time and money at other nearby rally locations, such as Myrtle Beach Harley-Davidson, where a sign warned riders that city limits were 200 feet ahead.

Meanwhile, Myrtle Beach is lobbying other local municipalities and the county to enact similar ordinances.

“ABATE of South Carolina abhors these types of totalitarian enactments that remove liberties and freedoms of individuals and eventually, will start eroding individual rights granted to us under our Constitution,” said the state motorcycle rights organization in a press release. “ABATE of South Carolina challenges the council on the grounds that the municipal power is exceeding the entity’s corporate powers, acting as if it is above state law.”

The Carolina Harley-Davidson Dealers Association Spring Rally has been a fixture in Myrtle Beach for 68 years, and is the oldest, continuous running motorcycle rally in the country, but the city council decided to get rid of all bike rallies following complaints from residents, primarily during the Atlantic Beach BikeFest attended mostly by black urban sportbike riders, after efforts to police the event led to several discrimination lawsuits filed by the NAACP, which were eventually settled out of court.

DOT PROPOSES NEW FEDERAL SAFETY RULES TO BAR NOVELTY HELMETS
The best-selling motorcycle-helmet decals at a popular biker website include fake bullet holes, skull and crossbones, the American flag -- and $1 stickers that say “DOT”.

The latter has created a problem for U.S. highway safety regulators, because fake Department of Transportation stickers can be used to counterfeit safety certification of cheap novelty motorcycle helmets, which they claim are one cause of rising accident fatalities.

“We’re proposing new safety rules to make it harder for vendors to sell unsafe novelty helmets or for riders to get away with wearing them,” said Transportation Secretary Mary Peters, herself a Harley rider. “We are proposing to do that by requiring manufacturers to place a larger, tamper-proof DOT label on the back of certified helmets that have been through a wider range of safety tests.”

The current federal standard, implemented in 1974, requires a DOT emblem on the rear of the helmet, indicating it passed certification tests. Manufacturer and model data are located on a label inside the helmet. The new proposal calls for a DOT-symbol decal to be applied to the helmet beneath its clear coating, with the manufacturer's name and helmet model added above the symbol and the word “certified” below it.

The new rule also would refine the tests manufacturers do to certify their helmets to meet DOT standards for impact, penetration and retention.

Novelty helmets, which have thin protective liners, failed all the federal performance tests, said Stephen Kratzke, associate administrator for rulemaking at the National Highway Traffic Safety Administration, but when police spot a helmet that doesn't look like the real thing, riders can claim they thought the DOT sticker meant it was certified. Sellers of the labels say it stands for “Doing Our Thing”.

“It makes it really hard to enforce helmet laws,” said Kratzke. The goal of the new rule is “to make sure in helmet-law states it is easier for police to enforce the law.”

NHTSA estimates that 15% of the motorcycle riders in the 20 mandatory helmet law states wear “beanie” helmets that don’t meet the current FMVSS218 federal standard. “It's a political statement against the helmet laws,” said Eric Anderson, chairman of an industry helmet task force. “It's fashionable to be anti-helmet.”

Regulators estimate it would cost manufacturers, who turn out 5.2 million certified helmets annually, only about 2 cents each or $100,000 to comply with the new rule.

Motorcycle groups said the time and money would be better spent, and more lives saved, through rider education and motorist awareness programs. Public comments will be taken until Dec. 1.

ABATE OF NEW YORK TO PICKET SAFETY CONFERENCE
ABATE of New York announced their intention to picket the NY Highway Safety Conference, October 21st, in Syracuse, where the New York State Police are presenting their Motorcycle Safety Roadblock Scenario to more than 350 professionals from local, state, federal and private agencies “involved in the effort to reduce deaths and injuries related to traffic crashes.”

ABATE of New York has obtained an all-day public assembly permit to conduct an informational picket/protest outside of the Conference Center to express their dissatisfaction with motorcycle-only roadblocks, as well as draw public attention to the irony of New York State's misdirection of designated motorcycle safety funds to those very same enforcement tactics being promoted at the conference.

With support from ABATE of NY and in cooperation with the National Coalition of Motorcyclists (NCOM), A.I.M. Attorney (Aid to Injured Motorcyclists) Mitchell Proner recently put the NY State Police and DMV on notice that a class action suit will be filed in protest of the discriminatory road checks being conducted on state highways during events that draw thousands of motorcyclists.

“Since motorcycles operated in New York are already required to pass annual safety inspections, the current NYSP initiative serves only to harass, intimidate and inconvenience motorcyclists, and is an abuse of discretionary power as specifically acknowledged by the New York State Court of Appeals,” said ABATE in a statement.

WYOMING BIKERS FEND OFF NOISE ORDINANCE
A proposed noise ordinance is on the "back burner" after scores of motorcyclists flooded the Casper City Council chambers. The council voted unanimously and to a raucous applause to table the proposed change to a noise ordinance, which means it will not be discussed again unless a council member brings it back.

The proposed change read: "No person shall operate any motor vehicle in the city in such a manner that the public's attention is drawn to the noise created by the motor vehicle."

One biker after another spoke before the council to testify about how "loud pipes save lives." Loud exhaust keeps drivers aware of bikers and prevent accidents, said Jim Siri, a member of Wyoming Central A.B.A.T.E., a motorcycle advocacy group. “Many things distract drivers, and if they aren't paying attention they won't always see motorcyclists, but they may still hear them,” he told the Jackson Hole Star-Tribune.

Abuse of a motorcycle on city streets is unacceptable, but motorcyclists also don't want to be unfairly targeted, said Russ Reddick, vice-president of Wyoming State A.B.A.T.E. and co-director of the National Coalition of Motorcyclists (NCOM) in region three. He told the newspaper that he wants to educate riders on how to ride respectfully and also educate drivers on how to be more aware of motorcyclists.

Motorcyclists and the council plan to work together to help solve "irresponsible riding" through residential neighborhoods, both groups agreed.

ABATE OF CALIFORNIA JOINS NCOM
The National Coalition of Motorcyclists (NCOM) proudly welcomes ABATE of California as the newest NCOM Member Group, joining in unity with over 2,000 rider groups, clubs and associations, including motorcycle rights organizations from 38 states and over 50 Confederations of Clubs from 35 states. NCOM is a nationwide umbrella organization that provides legislative assistance, information network and legal resources, and also reaches out to the Christian Motorcycling community, women riders, sport bikers, clean & sober groups and minority motorcyclists -- helping to form coalitions and foster cooperation between all segments of motorcycle riders.

Following is an open letter received October 1, 2008 from Tim Tennimon, Executive Director of ABATE Of California, Inc., with a request to forward it on:

ABATE of California Inc., is resolute in our commitment to move forward and stand strong in the motorcycle rights movement. With mounting pressure from state and federal agencies we are facing motorcycle smog laws, low noise ordinances, a motorcycle safety summit that is working in conjunction with the CHP and NHTSA to impose more restrictions on riding your motorcycle, helmet laws and cities that want to limit gatherings by motorcyclists.

In order to strengthen our position we are committed to working with all MRO's including NCOM, MRF, AMA, MMA and any state motorcycle rights organizations that strengthens our lobby on legislative issues and on motorcycle safety.

Our united front with these other MROs make us better prepared to attack issues on a broader scope by having access to legal assistance, promoting the sharing of information among the SMROs and different groups, supporting and increasing political and legal effectiveness through free assistance with legislative strategy, safety projects, public awareness, information updates and assistance in both the legislative and judicial arenas.

We are proud of our alliance with these organizations and look forward to the success that this collective effort is sure to bring.

WEIRD NEWS: NBA PLAYER SUSPENDED OVER MOPED ACCIDENT
The Golden State Warriors suspended 22-year old guard Monta Ellis for 30 games without pay for violating his contract after he seriously injured his ankle in a Moped accident and then compounded his mistake by lying about spraining his ankle playing pickup ball.

The high-scoring high-paid guard probably never imagined that trouble would cost him about $3 million - there's no doubt Ellis violated Paragraph 12 of the NBA's uniform player Contract, which prohibits a player from engaging "in any activity that a Reasonable person would recognize as involving or exposing the Participant to a substantial risk of bodily injury," including "driving Or riding a motorcycle or Moped."

Ellis, who agreed to a six-year deal worth $66 million in July, underwent surgery to repair a torn ligament and is unlikely to be healthy enough to return before mid-December anyway, but the suspension means the guard won't be paid during his absence.

He was the second-leading scorer for the NBA's highest-scoring team last season, averaging 20.2 points, 5.0 rebounds and 3.4 assists.

QUOTABLE QUOTE: “People often say that, in a democracy, decisions are made by a majority of the people. Of course, that is not true. Decisions are made by a majority of those who make themselves heard and who vote - a very different thing.”
Walter H. Judd (1898-1994) politician, 1981 recipient of Presidential Medal of Freedom