The Freedom Writer. ABATE of NEW YORK. Our 2013 ABATE of NEW YORK STATE OFFICERS. Permit No Binghamton, NY. Walker Valley, NY 12588

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1 ABATE of NEW YORK The Freedom Writer ISSUE 1 abateny.org Our 2013 ABATE of NEW YORK STATE OFFICERS Standing left to right: Terry Higinio, Public Relations; Dev Lovick, Seargeant at Arms; Tanya Cruz, Metro NY/LI Region D Coordinator; Mike Giarrusso, Legislative Coordinator; Caryn Grossman, Hudson Valley Mohawk Region E Coordinator Sitting left to right: Deb Trask, Treasurer; Tom Alton, President; Matt Grossman, Vice President; Prospector, Secretary American Bikers Aimed Toward Education ABATE of New York State Office P.O. Box 167 Walker Valley, NY OR CURRENT RESIDENT NON-PROFIT Org. U.S. Postage PAID Binghamton, NY Permit No

2 ABATE OF NEW YORK SUPPORTS THIS PROGRAM FOR ITS MEMBERS Visit us on the web at 110 Offices Throughout North America Free Legal Consultation No Recovery = No Fee We make House Calls Attorneys in Every State and Province Who Ride No Fee on Motorcycle Damage Recovery Also Auto Accidents Over $ 150 Million Recovered For Our Clients Law Offices ofrichard M.LESTER Founder, Aid to Injured Motorcyclists New! We are endorsed by the National Coalition of Motorcyclists and more than 800 motorcycle groups throughout the United States and Canada, and serve as Legal Counsel for the Confederations of Clubs. Aid to Injured Motorcyclists HIRE ATTORNEYS WHO RIDE Criminal Defense Nationwide 24 Hours - Toll Free (800) (800) ON-A-BIKE Affiliated New York Offices to Serve You LAW OFFICES OF MITCH PRONER ATTORNEY AT LAW New York's Authorized Representative for the Law Offices of Richard M.Lester Toll Free 24 Hours East 42nd Street, Suite 1448, New York, NY MEMBER OF ABATE OF NEW YORK Call for Your New A.I.M. Card with Lost Key Finder THIS BIKE AND RIDER ARE PROTECTED BY LAW FOR EMERGENCY MEDICAL INFORMATION OR LEGAL REPRESENTATION A FIRM DEDICATED TO SERVING THE INTERESTS OF THOSE WHO RIDE 1-(800) Law Offices of Richard M. Lester ATTENTION ABATE/CMRO MEMBERS: Our nationwide network of A.I.M. attorneys donate a significant portion of their legal fees from motorcycle accident settlements back into motorcycling by being the sole financial sponsor of the National Coalition of Motorcyclists. In Case of Accident 2013 State Officers President Tom Alton Vice President Matt Grossman Treasurer Deb Trask Secretary Prospector Legislative Coordinator Mike Giarrusso Sergeant at Arms Dev Lovick Public Relations Terry Higinio Western Region A Coordinator OPEN Region B OPEN Cnic Region C Coordinator Tim Thomas Metro NY/LI Region D Coordinator Tanya Cruz Hudson Valley Mohawk Region E Coordinator Caryn Grossman State Appointees State Office Manager Chris Werder P.O. Box 167 Walker Valley, NY Treasury Manager Deb Trask Newsletter Editor Tanya Cruz Webmaster John Cholewa NEWSLETTER SUBMISSIONS Deadline: January 31st for January / February 2013 Issue Send submissions to: Tanya Cruz c/o ABATE of New York State Office PO Box 167 Walker Valley, NY NEWSLETTER ISSUE: CONTENT SUBMISSION DEADLINE: March / April January 31, 2013 May / June March 30, 2013 July / August May 31, 2013 September / October July 31, 2013 November / December September 30, 2013 January 2014 / February 2014 November 28, 2013 What is ABATE? American Bikers Aimed Toward Education is a not for profit corporation formed to promote and protect the interests of New York state motorcyclists. ABATE monitors and interacts with the legislative process, enhancing the image of motorcycling, and provides educational and social opportunities for members and non-members. ABATE will continue to strive to stay acquainted with the issues and the people of the motorcycling community. We encourage all our members to be informed registered voters. supports Motorcycle Riders Education classes currently being offered throughout NYS. We welcome the interested people to any of our activities and to join our organization. All makes and models of motorcycles are welcome. For more information, visit our website at: New York State Websites New York State ASSEMBLY Sheldon Silver, Speaker New York State Assembly Assemblymen: New York State Senate: Senators: To search for a New York state bill go to 2 3

3 2013 State Business Seminar January 11-12, 2013 Owego Treadway Inn 100 State Route 17C Owego, NY (607) Reservations: Reservations should be confirmed ASAP. The State has reserved a block of rooms for Friday & Saturday night. When calling for room reservations, you must state that you are with, and your Chapter name, to guarantee a discounted rate. You will need a credit card to reserve the rooms; however they will take a Chapter Check for payment upon check- out. If the Treadway Inn becomes full, members can get rooms in the Holiday Inn (607) or at the Hampton Inn (607) For questions or more information, please contact: DEV Lovick - Event Coordinator or Chris Werder - State Office Manager Albany Chapter P.O. Box 3808 Albany, NY Brooklyn Chapter P.O. Box Brooklyn, NY Brooklyn Alliance Chapter P.O. Box 193 Brooklyn, NY Buffalo-Erie Chapter P.O. Box 286 West Seneca, NY Cattaraugus Chapter P.O. Box 204 Cattaraugus NY Cayuga Chapter P.O. Box 74 Auburn, NY Chautauqua Chapter P.O. Box 572 Dunkirk, NY Columbia Chapter P.O. Box 227 Hudson, NY Cortland-Chenango Chapter P.O. Box 245 McGraw, NY Finger Lakes Chapter P.O. Box 353 Hornell, NY Greene Chapter P.O. Box 92 Leeds, NY abateofgreenecounty.org ABATE of New York, Inc. CHAPTERS FIGHTING FOR YOUR Lewis Chapter P.O. Box 245 Port Leyden, NY Long Island Chapter P.O. Box 22 Yaphank, NY Monroe Chapter P.O. Box Rochester, NY North Ulster Chapter P.O. Box 13 West Hurley, NY Onondaga Chapter P.O. Box Syracuse, NY Ontario Chapter P.O. Box 546 Canandaigua, NY Orleans Chapter P.O. Box 43 Medina, NY Oswego Chapter P.O. Box 133 Central Square, NY Southern Tier Chapter P.O. Box 2441 Binghamton, NY abateofstny.org Wayne Chapter P.O. Box 332 Ontario, NY Visit Wayne ABATE on Facebook RIGHT TO RIDE SPONSORS The following clubs, businesses and organizations have joined ABATE of NY, Inc. to help further our goals and to help us fight for motorcyclists rights by becoming a sponsor. THANK YOU! We appreciate your SUPPORT! FULL THROTTLE INS AGENCY- Patchogue, NY SWAHN INSURANCE- Riverhead, NY Sponsors pay $25 per year to have their business or organization name printed in our state newsletter and receive a certificate. If your club, business, or organization supports our mission and would like to become a sponsor, contact Mike Grasby, our Advertising Manager for further details. You can reach him by at: or by phone: SUPPORT THOSE WHO SUPPORT US! AIMS & PURPOSES MEETINGS 2013 Meetings are held at: American Legion Post 80, 76 Main St. Binghamton, New York STATE CHAPTERS MEETINGS The State Chapters Meetings start at 1:00pm. The ABATE Board meets at 12:00pm before every State Chapter Meeting. February 16, 2013 STATE BOARD MEETINGS The State Board Meetings start at 10:00am. March 17,

4 SUPPORT THE BIKER LOWDOWN RADIO SHOW WITH YOUR BROLJJAMES &PREACHER CHUCK D LIVE WEDNESDAY'S AT 8pm East Coast All shows archived and available 24hours a day from every on-line computer world wide. SUPPORT THE SHOW THAT SUPPORTS THE MOTORCYCLING WORLD $100 amonth gets you On-Air and Online Advertising Breaking News! Another Federal Government Agency Gets it Wrong, Again. The U.S. Government Accountability Office (GAO) recently issued a report on the motorcycle safety grants known as the Section 2010 motorcycle safety grant program. The program has been wildly successful at infusing much needed financial resources directly into the motorcycle safety community. The Motorcycle Riders Foundation (MRF) was instrumental in getting the grant program set up and running. Currently the money, over $45 million over the past 6 years, can only be used for educational purposes. Those can be anything from paying instructors, buying new training bikes and equipment, to public education efforts such as look twice campaigns. What the GAO is suggesting is that congress change the language so that the monies can be used for other purposes, such as helmet use campaigns. The MRF does not agree with this. The original intent of congress with the grant program was to reduce fatalities through crash avoidance techniques, not through safer crashing, as the GAO believes we should. The GAO estimates are just that, a guess. The fact is that the GAO did not really do any new studies or research. They simply recycled the same tired talking points that are used by any number of government or quasi government groups. This isn t the first time motorcyclists have been painted in a bad light, calling us a social burden on America s health care system. The MRF disagrees with that. Critics and the uninformed believe that motorcyclists, helmeted or not, account for a super majority of health care costs, from trauma room to long-term care. The problem is that s just not true. There are not a lot of studies on social burden, but more than enough to soundly and logically deflate the social burden myth around motorcyclists. The Journal of American Medicine, one of the most respected of all medical publications, published the findings of a 1988 study on the subject of the public costs of motorcycle related injury at a specific Seattle, WA hospital. The results clearly showed that of all costs to sort out a motorcycle injured patient, 63.4% of the bill was paid out with taxpayer dollars. That s an astoundingly high cost, no question, but what the study goes on to say is that the public cost of any injury at that same Seattle treatment center was 67%, 3.6% higher. Statistical dead heat. There is also a little more to that story because the public cost of health care is about 45% currently, and was significantly less than that in the mid-eighties when the study was conducted. The facility used for the study was Harborview, a division of the University of Washington, and one of the largest and state-of-the art facilities in the Seattle region. Because of that the facility sees most of the worst-case scenarios routinely. A similar study done by the University of North Carolina also found that there was no statistical difference in public cost to treat motorcycle related injury over any other type of injury. It s also important to keep things in perspective. Last year the public share of motorcycle related injuries were 0.001% of the entire public health care cost. The MRF will keep you updated on this issue. The First in Synthetics SINCE 1972 ROBERT BOBP PIACENTE AMSOIL AND ALTRUM AUGHORIZED DEALER ZO# th Street Douglaston, NY (917) Sometimes it s more about what you leave behind than what you take. 6 7

5 From the desk of ABATE of NY President We are at the start of this New Year and we have to come together to get something done! If asking each other to cooperate to reach a single goal by the end of the year is not a challenge, then I do not know the true meaning of the word. So by reading this statement and not sending in your membership card for a refund, let s assume that we join efforts to make it happen this year. First let us understand that all Chapters are not created equal and operate at different levels of direction and focus. Many Chapters put a lot of their assets into annual planned events and some are primarily charity oriented. All of this kind of business is the first direction of the corporations public relations needs. Next are the rides We invite all other bikers to join in and make the motorcycle community stronger by brother and sisterhood. When we have awareness runs, rallies and gatherings with the powers at hand, try to expand the education of all the motoring community, hopefully that helps our safety. I have been around enough to see all of this work and gain respect for the word ABATE by views from law enforcement, motorcycle clubs, public office, community groups and so many more entities. Now too, we are visiting the local safety councils, and we are a contact on post signs. stick stickers and we even spend the efforts of our fund raisers on billboards and public addresses. These are the meat and potatoes of what we do on a regular time table of year by year. Do not think that because this is all done in separate places at separate times, it is not a combined effort. Remember that in the big picture, the word ABATE has gained respect throughout the country even though you may hear from a few some small comments about the value of ABATE. Our organization has expanded recently with the sub entity and we now have the ability to help the smaller Chapters with more physical assets than before. The larger Chapters have the same assets to draw from that may help the smaller ones start to gain some lost ground from the poor economy that has even made it tuff on the all. Look, New York State has shrunk in so many ways that we even lost a congressional district. With all of the changes in our communities there is one constant for us, we love the ride! We want Safety, we want Respect, we want Awareness and we want Freedom. I know that freedom is not free and we can help the up and coming riders understand that they can help protect and promote the freedom that will be enjoyed for the up and coming rides. I am going to ask all to find a way to get to and bring with you another person to the annual Freedom Rally in Albany in May this year. If you can not make it maybe you can help another to get there by supporting the journey for them. So this is the thing, help us all. help some of the more up and coming sorts to get to this years rally and if you will let me say, we will come together and get it done together. Give it a try! TOM- 8 Additional Info, NEXT PAGE 9

6 SYRACUSE CYCLE EXPO Additional Info ANNOUNCEMENT ABATE of New York Foundation has been awarded a grant for the year 2013, from the GTSC and NHTSA. We are just now closing the books on last years grant. I hope that you, your chapter of ABATE of New York, Local Motorcycle Club and or personnel friends have been able to take advantage of the past years FREE Safety and Awareness Products and the FREE shipping that we have been able to offer. I also hope that next year we ll be able to offer you a similar benefit. It s sad that there is a need to tell people to watch for motorcycles. Most of us that have been riding for any length of time know all to well the sad truth. Thank you for our first successful year! The Board and Officers of ABATE of New York Foundation. Tom Alton Eric Carlston Deb Trask Peter Campanella Join ABATE of NY, Inc. Protect Your Right to Ride ATTENTION: NEW YORK MOTORCYCLISTS On January 27, 1986, leaders of various motorcycle groups from across America met in Las Vegas to discuss a coming together and the overwhelming need for a national voice to protect our lifestyle and right to ride. The National Coalition of Motorcyclists (NCOM) was born. Accident Information Collection INFORMATION TO GET IMMEDIATELY 1. Witnesses: This is listed first for they will disappear the fastest (especially due to the public s fear of bikers). Try and get some sort of identification so they might be contacted later, i.e., name, address, phone number, license plate number, where they work, etc. 2. Other Driver: All traditional information is needed: name, address, phone number (at home and work), driver s license, make/model/color and license of the vehicle. In addition, a very helpful piece of information is the insurance carrier of the driver of the car. If this is not obtained and if the other driver does not respond to letters sent by your attorney, you will find that most states require long waiting periods before supplying the necessary information to pursue your case - that means recovery for your injury could be delayed. 3. One Final Thing: Listen to and memorize statements made by the other driver. These statements (also known as admissions) may be used as evidence in many jurisdictions. An example of this would be the driver of the left turning car saying, I didn t see you. His statement could be used to prove the accident was his fault. NOTE: Remember, this also works in reverse. Anything you say can also be used against you. POLICE REPORT Although most of what is recorded in a police report cannot be used in court, it is a great negotiating tool. Keep in mind that most personal injury cases are settled rather than go to trial. A favorable police report can be instrumental in bringing you a quick and generous recovery for your injuries. As we all know, cops can be a mixed bag. However, (in an accident situation) I have found most police to be fair in their assessment of fault. This is especially true of the motorcycle cop. INJURIES This is not the time to show how macho you are. After the actual collision, take a few minutes to check yourself out. The initial shock may numb you as to how injured you really are. Remember, the human body is not made to be bounced off the ground. It is a good idea (and will aid in showing the validity of your case) to get checked out at the local emergency room (hospital) or by your own doctor. Be sure to explain all your pains to the doctor so he or she can make a complete evaluation and treat you appropriately for the injuries. NO STATEMENTS When you are contacted by the insurance company, (which is usually immediately - even right at your ho spital bed) tell the adjuster you don t wish to give a statement at that time. Even if your statement seems favorable to you, the insurance company would have lots of time to pick out the flaws. Keep in mind that the adjuster s job is to save the insurance company money and, therefore, any money offered as a fair settlement will usually only be fair to the insurance company. CALL A PERSONAL INJURY ATTORNEY The first 24 hours after an accident are crucial for your case. An immediate investigation should be started including photographs showing your injuries, the accident scene and the involved vehicles. Statements from witnesses and the other driver should be gotten as soon as possible. The police report should be requested and an inspection of the point of impact for skid marks and other material evidence should be made. You will notice that I advised you to call an attorney who specializes in personal injury. The law, as with medicine, is highly specialized, and you are entitled to be represented by an attorney who is best qualified to obtain a maximum recovery for your damages. A quick call to the attorney entitles you to the following services: 1. Protection from insurance company employees - the magic words are: I am represented by counsel and don t wish to make a statement. 2. A house call if you are unable to go to the office. 3. Immediate investigation of your claim. 4. The possibility that your bike will be fixed prior to the settlement of your injuries and a rented vehicle while you wait. 5. The evaluation and protection of your legal rights RIDE FREE KNOW YOUR RIGHTS RIDE PROTECTED ABATE of NY Inc. has been following the motorcycle-only roadblocks issue and we have been in contact with the Attorney General s Office. We must have proof that law enforcement are doing these discriminatory roadblocks. If you have been ITHACA HARLEY-DAVIDSON, INC. stopped at a motorcycle roadblock, whether or not you 6033 Rt. 13, CAYUTA, NY Hours: Monday Friday 8 a.m.- 6 p.m. Sat. 8-3 have received a citation, immediately record as many Phone Fax details as you can about the roadblock. This includes date, time, place, officers on duty, what was asked, what was checked on your bike, and how long you were detained. Then call Prospector at for a complaint form. He will assist you. We need this documentation to present our grievance for relief! Please pass this information onto your fellow riders who may not be ABATE member. WE CANNOT ALLOW THIS TO CONTINUE! 10 IT MUST STOP NOW! 11

7 AMA Position Statement Distracted And Inattentive Vehicle Operation All road users are responsible for the safe operation of their vehicles on public roads and highways. Advances in mobile technology have made it easier than ever to become momentarily distracted by operating the controls of a stereo system, a global positioning unit, or some other device. The American Motorcyclist Association (AMA) acknowledges that motorcyclists in addition to car drivers, truck drivers, and even bicyclists -- share this responsibility. Distracted motorcycle operation can be every bit as dangerous to the operator, other road users, and pedestrians as the distracted operation of a larger motor vehicle. The AMA recognizes that distracted or inattentive driving has become a major concern to the motorcycling community. Far too many cases have been documented of motorcyclists being injured or killed as the result of other vehicle operators being distracted or inattentive. Motor vehicle operators engaged in distracted or inattentive driving behaviors are not just a danger to motorcyclists they endanger pedestrians, bicyclists, roadside assistance and emergency medical personnel, highway construction workers, law enforcement personnel, and the list goes on. For too long, inappropriate non-driving activities while operating a motor vehicle have been accepted as just the way it is. Even the National Highway Traffic Safety Administration (NHTSA) acknowledges that distracted and inattentive driving behaviors have significantly contributed to motor vehicle crashes. From an NHTSA report: Driver inattention is the leading factor in most crashes and near-crashes, according to a landmark research report released today by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTTI). Nearly 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds before the event. Primary causes of driver inattention are distracting activities, such as cell phone use, and drowsiness. Within the last few years in nearly every state, new legislation has been introduced to address some facet of distracted or inattentive driving. Most of the bills are well intentioned. However, almost all focus on only one or a few in-vehicle behaviors, such as cell phone or text messaging system use, rather than addressing the main issue. Other bills, particularly those with age-based restrictions or prohibitions, are virtually unenforceable in the real world. Several bills, however, specify that distracted or inattentive behavior that contributes to a crash would subject the vehicle operator to enhanced penalties, similar to aggravating circumstances such as operating a motor vehicle under the influence of alcohol or drugs. This approach is promising because enhanced penalties for violations resulting in injury or death to other roadway users holds violators more accountable for their actions. Note that specific restrictions or prohibitions are not required any distracted or inattentive behavior that can be documented prior to a crash can be used as evidence. Therefore, the AMA supports legislation that includes enhanced penalty options to be determined by the courts. Examples of penalties include the following, but are not limited to enhanced fines, operator s license suspension, points assessed on an operator s record, community service, and imprisonment. Additionally, the AMA supports the prominent placement of signage that notifies roadway users that the state provides specific sanctions for those convicted of moving violations while operating a motor vehicle in a distracted or inattentive manner. The inclusion of these sanctions depends on a state s current penalty structure of similarmagnitude offenses. The AMA has adopted this position statement on distracted and inattentive motor vehicle operation because roadway users such as motorcyclists, bicyclists and pedestrians pay a disproportionally higher price for motor vehicle operator distraction and inattention. References Source: Breakthrough Research on Real-World Driver Behavior Released, NHTSA, April 20, 2006, The 100 Car Naturalistic Driving Study, NHTSA, DOT HS , An Overview of the 100-Car Naturalistic Study and Findings, Vicki L. Neale,

8 January 2013 A few years ago New York s law enforcement discovered that it could stage checkpoints to pull over only motorcycle riders, and use federal funding meant for motorcyclist s safety to fund their overtime pay. These checkpoints do little if anything to enhance our safety, are used to bootstrap questionable searches and are often conducted in a manner perilous to both police and motorcyclists. Worse yet, this insidious appropriation of motorcycle safety funding cheats the state s motorcycle riders out of monies that could have been used for truly beneficial programs. The New York Motorcycle & Scooter Task Force responded to this dangerous harassment in the spring of 2010 by creating a computerized checkpoint alert system. People who witness motorcycle-only checkpoints can report them by sending text messages to the NYMSTF. Subscribers may receive alerts via an RSS news feed and/or cell phone text messages. Since its inception the alert system has warned nearly one thousand subscribers of three dozen such checkpoints in New York. Anyone with a cell phone can submit a warning of a checkpoint. Subscribing to the alerts is free and only takes a few minutes to set up. Subscribers may alter their travel plans to avoid checkpoints when they receive alerts. For more information visit The Freedom Writer NYMSTF checkpoint alerts help riders avoid police harassment The NYMSTF promotes the interests and well-being of New York s motorcycle and scooter riders. Membership is free. The Freedom Writer Helmet Care, continued January

9 We would like to acknowledge our newest 2012 Milestone Members and thank them for their continued dedication to the organization. 10 Years: William Wehling David Rambo Myers Mindy Billings Mike Altieri Kenneth Alfano 15 Years: Stephen J Elliott Steve Higgins Jerry Coletti David H Hames Dennis Lenzi Joe LaPlaca 20 Years: Mike DeBetta Cliff Saunders III 21 Years: Mike Clerico Barry F Morehouse Sr. 22 Years: Patrick Smoothie Mcbride Donald Corky Edwards Debbie Sackel Giorgio Joseph M Giorgio Jean Saunders Leonard Palmer Pam Cox 23 Years: Ron Hinz Glenn Manning Bill Healey Bill Cox 27 Years: Fran Abrams Dale Graff 28 Years: Ken Postle 2012 Milestone Members We ride, So Don t Get Taken For A Ride! CALL OUR 24 Hr.Toll Free Helpline If you ve been injured in an accident PROUD MEMBER OF THESE ASSOCIATIONS ABATE - American Bikers Aimed Towards Education HOG - Harley Owners Group AMA - American Motorcycle Association 5800 Main Street Williamsville, NY Trust in our experience WE GET RESULTS! State Board Meeting November 17, 2012 Summary Meeting was called to order by Tom Alton/President at 12:09 pm. Moment of silence: Ed Keys/Columbia Chapter, Mr. Parsons. Attendance: 8/12 present B49-12: Motion made by Mike Grasby/Reg A, seconded by Matt Grossmann/Reg E, to accept the meeting minutes with correction. Voice vote: 6 Yes, 0 No, 0 Abstain. Motion carried. [Dev Lovick and Tanya Cruz were not present for the vote.] Correspondence: none. Discussion on ad in Legislative Gazette President s Report: Tom Alton. Renewal of state board officers; someone asking for information on New York State helmet law. Vice President Report: Eric Carlston. No report. Treasury Report: Deb Trask. Absent. Report distributed and reviewed. B50-12: Motion made by Prospector/LC, seconded by Mike Grasby/Reg A to pay all bills. Voice vote: 8 Yes, 0 No, 0 Abstain. Motion carried. Due the time, all other reports and old business will be tabled to the December State Board meeting. State Seminar report given by Dev Lovick. B51-12: Motion made by Matt Grossmann/Reg E, seconded by Tonya Cruz/Reg D, to accept Dev Lovick s agenda for the state seminar. Voice vote: 7 yes, 1No, 0 abstain. Motion carried. B52-12: Motion made by Prospector/LC, seconded by Matt Grossman/Reg E, to adjourn the meeting at 1:03 pm. Voice vote: 8 Yes, 0 No, 0 Abstain. Motion carried. State Chapter Meeting November 17, 2012 Summary Meeting was called to order by Tom Alton/President at 1:30 pm. Moment of silence: John V. Wrigley, Debbie Big Deb Mason, Mark Davis, Richard Perry, Ed Keys, Mr. Person, Nancy Fine- Dick. Attendance: 16 chapters. M16-12: Motion made by Greene Chapter, seconded by Columbia Chapter, to accept the August State Chapter meeting minutes. Voice vote: 14 -Yes, 0- No, - Abstain. Motion carried. Nomination of State Board Officers Correspondence: none. President s Report: Tom Alton. Discussed membership. Vice President: Eric Carlston. Thanked the membership for the opportunity to serve as vice president. Treasury Report: Deb Trask. Absent. Report distributed and reviewed. M17-12: Motion made by Finger Lakes Chapter, seconded by Buff-Erie Chapter, to accept the state budget for 2013 as written. Roll call vote: 13- Yes, 1-No, 0- Abstain. Motion carried. Legislative Report: Prospector. Election result; will continue to be in Albany next year. Election of State Board Officers: Only opposed position is for State President. M18-12: Motion made by Ontario Chapter, seconded by Finger Lakes Chapter to have the secretary cast one vote for each unopposed candidates. Voice vote: 14 Yes, 0 No, 0 abstain. Motion carried. Election results: State President: Tom Alton. Break: 3:05 pm. Reconvened: 3:18 pm Public Relations Report: open. State Trifolds. Region Reports: Reg A/Mike Grasby: held meeting, discussed membership; Reg C/Tim Thomas: absent. Reg D/Tanya Cruz: area hit by storms, membership; Reg E/Matt Grossman: held regional meeting, discussed membership, next meeting is January 20, Sergeant at Arms: Dev Lovick: no report. Newsletter Report: Tanya Cruz. New submission deadline: Chapters need to send submissions on day before the first. State Office Manager Report: Chris Werder. State board report reviewed. Committee Reports: State Seminar- Dev Lovick: State seminar: January 11-13, 2013 Old Business: letter from Michael De Freitas was read. Karen Leonard/Sec left the meeting at 4:12 pm. Submitted by: Karen Leonard State Recording Secretary ABATE of NY, Inc. Full meeting minutes are available to all ABATE of NY Inc. members from the Chapter Presidents or from the State Recording Secretary. Members may also be put on a distribution list to receive meeting minutes or they can join the ABATE of NY members group located at the State website: Name and membership number is required

10 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. If you ve been involved in any kind of accident, call us at 1-(800) ON-A-BIKE or visit NCOM BIKER NEWSBYTES Compiled & Edited by Bill Bish, National Coalition of Motorcyclists (NCOM) SPECIAL DELIVERY This year s national Christmas Tree is being delivered to Washington, D.C. in a specially-decorated Mack truck driven by former U.S. Senator Ben Nighthorse Campbell, a long-serving member of the National Coalition of Motorcyclists Legislative Task Force (NCOM-LTF) and member of the AMA Motorcycle Hall of Fame. As an avid motorcyclist, Campbell was one of motorcycling s staunchest allies in Congress, representing Colorado from It is a privilege to drive the tree for the U.S. Capitol from Colorado this year, remarked Campbell, who still has his commercial driver s license. The 2012 Capitol Christmas Tree tour began Nov. 9 in Meeker, CO where the 73- foot Engleman spruce was harvested, and will take nearly a month to reach the Capitol with scheduled stopovers in Colorado, Oklahoma, Texas, Missouri, North Carolina, Pennsylvania and Virginia. ARIZONA TO ELIMINATE ANNUAL MOTORCYCLE EMISSIONS TESTING Maricopa County is the only place in America that requires emissions testing for motorcycles, but it won t be for much longer according to a recent report from MMA of Arizona Lobbyist Bobbi Hartmann, who is also a member of the NCOM-Legislative Task Force; The EPA is about to APPROVE the ADEQ s State Implementation Plan (SIP), requesting the ELIMINATION OF EMISSIONS ON MOTORCYCLES IN MARICOPA COUNTY!!! Emphasis included, so you can read into it the emotion and thrill of success after ten years of effort to eliminate the last motorcycle emissions test in the U.S. After the Kentucky Motorcycle Association (KMA/KBA) successfully removed motorcycles from their state s emissions testing several years ago, Arizona was the lone state to still require it, but testing was limited to only Maricopa County (Phoenix) after motorcyclists successfully lobbied to end emission tests for motorcycles in Pima County (Tucson). Hartmann reports that she recently received a call from the Arizona Department of Environmental Quality (ADEQ), stating that although they had been expecting a Disapproval Notice from the EPA due to revised ozone levels at the federal level, their D.C. headquarters issued a Reversal of Opinion and approved their request for elimination of yearly motorcycle emissions in Maricopa/Pinal County (AREA A). ADEQ expects the proposed EPA action to be signed this week and published in the Federal Register within 2 weeks, explained Hartmann. That starts the approximately 30 day Public Comment and EPA response to Public Comment period. Once that is complete, the EPA will sign the final action and then have 2 weeks to publish that in the Federal Register. The entire process should be FINAL and EFFECTIVE 60 days from that time frame, so the elimination of yearly emissions on motorcycles in AREA A should be effective by the end of first quarter of 2013 or before. It seems that all of our efforts from 2002 until now, have finally paid off!! CONGRATULATIONS to the motorcyclists lobbying team representing a coalition led by ABATE of Arizona, the Modified Motorcycle Association (MMA) of Arizona and the Arizona Confederation of Motorcycle Clubs (ACMC). NOW HEAR THIS! A flurry of scientific and medical studies lately have identified an inordinate amount of hearing loss in motorcyclists, due not to loud pipes but rather to air rushing past our ears at deafening intensities at highway speeds. After accelerating, most of the sound that a rider hears isn t engine noise, it is wind noise, and audiologists admit that even helmets do not provide much protection against hearing loss caused by wind buffeting in and around a helmet. Indeed, acoustical engineers say that audible wind noise inside a helmet can reach rock-concert levels as high as 115 decibels, and the National Institute for Occupational Safety and Health warns that exposure to noise at 100 decibels is safe for only 15 minutes and permanent hearing loss can result from prolonged exposure -- so motorcycle riders in particular should pay attention to the warning signs: a ringing sound in the ears immediately after exposure, and hearing voices and other sounds as muffled. Noise-induced hearing loss isn t reversible, but it is preventable. While even the most expensive helmet won t provide significant protection against noise, an inexpensive pair of foam earplugs, readily available at drug stores, can reduce sound levels by 20 to 25 decibels. However, this simple solution may also be illegal. Even though riders have come to recognize that noise can be a serious health issue, many U.S. jurisdictions prohibit the use of earplugs, and one long road trip could take a rider through numerous changes in state and local laws. Just ask Aid to Injured Motorcyclists (A.I.M.) Attorney Ralph C. Buss whose client, a truck driver from Michigan, was pulled over while riding his motorcycle in Ohio and given a ticket for wearing protective ear plugs! The rider contacted ABATE of Ohio seeking assistance, and while ABATE looks into modifying the existing law to make allowances for motorcyclists to wear ear protection, they referred the motorcyclist to attorney Buss regarding the citation, which is a moving violation that in addition to a fine carries a 2 point penalty that could put his CDL and livelihood in jeopardy if he s found guilty. Although some states like California have changed their laws to allow riders to use hearing protectors, and Maryland allows custom-made earplugs only, most passed such laws years ago to thwart the use of stereo headphones while driving. The codes do not distinguish between earphones and earplugs; one being used for audio equipment and the other used for hearing protection -- so without case law to establish legislative intent, obsolete laws like Ohio s need to be rectified, which according to Buss is exactly why motorcyclists need organizations like ABATE to not only watchdog the legislature, working to pass pro-motorcycle laws and prevent anti-bike bills from passing, but also to cleanup old laws that need to take into consideration both motorcycles and motorcyclists. GEORGIA RIDES TOLL FREE HOT lanes are replacing the HOV lanes on some interstates in Georgia starting with I-85, and will require a toll for their use by all vehicles except those which are exempt. Fortunately, just as motorcycles are able to use the existing HOV high occupancy lanes, they will be also permitted in the HOT lanes tollfree as exempt vehicles, but will need a Peach Pass device. Peach Pass devices are available from Georgia s State Road & Tollway Authority at PCH-PASS ( ), or you can find more information at www. peachpass.com. CALIFORNIA RESTRICTS PICKETING AT FUNERALS California Governor Jerry Brown has signed legislation restricting protests at military and other funerals. Senate Bill 661, by Senator Ted Lieu, D-Torrance, prohibits picketing a funeral within 300 feet of a burial or memorial site beginning one hour before a funeral and ending one hour after, having been amended to comply with a 2011 Supreme Court decision regarding protests of military funerals by members of the Westboro Baptist Church, known for its anti-semitic and anti-gay views. Since time immemorial, society has respected the dignity and sacredness of putting the dead to rest, Lieu said in a prepared statement. This bill recog- nizes the sanctity of funerals by placing reasonable time, place, and manner restrictions on disruptive protestors. MOTORCYCLES REMOVED FROM NTSB MOST-WANTED LIST Although the National Transportation Safety Board (NTSB) has called upon states and the federal government to pass motorcycle helmet laws for all riders, this year s annual Top Ten Most Wanted List of the agency s most important safety priorities no longer lists any motorcycle safety concerns. After making the hit list the past three years, which are recommendations to government bodies that are often put into place through further laws and regulations, NTSB Chairman Deborah Hersman indicated that Safety areas are dropped from the list when meaningful progress has been made. COULD YOUR NEXT BIKE TALK TO CARS? Could your future Honda motorcycle converse with the car coming out of the side street up ahead to alert the driver that you re approaching? Well, only if they are each fitted with technology that can communicate with similarly-equipped vehicles to keep each other out of harm s way, according to the picture Honda painted at the 19th World ITS (Intelligent Transportation Systems) Congress, held in Vienna in October. The Motorcycle Approaching Indication application is a connectivity system that warns both driver and rider when it detects that there is an obscured vehicle potentially approaching their direction of travel. Honda first proposed such a system in 1999, and demoed a version in 2008 on a Gold Wing. It has since refined ITS for more compact bikes, and so far warning systems for the two most common types of car-bike collisions - T-boning and being cut off by a car turning left - have been demoed successfully. ITS could potentially also communicate with roadside infrastructure, warning of hazards in the road. WEIRD NEWS: BIKE THIEVES CRASH INTO ONE ANOTHER Two heads aren t always better than one, as TWO bike thieves have landed up in the hospital after crashing their stolen motorcycles - into each other. The bungling bikers collided and crashed on a roundabout in Sussex, England, after the two stolen bikes were seen being ridden at high speed together shortly before the collision. DON T SMILE FOR THE CAMERA New Jersey residents may not have much to smile about in the aftermath of Superstorm Sandy, but that ll make it easier to comply with the New Jersey Motor Vehicle Commission s ban on smiling for driver s license photos. That s because, according to the National Motorists Association (NMA), drivers showing off their pearly whites apparently confuses the new facial recognition software New Jersey launched earlier this year. The stated aim of the system is to prevent people from acquiring driver s licenses under alternate identities by comparing photographs in the database. New Jersey is not alone in its integration of facial recognition into the driver s licensing process. According to the American Association of Motor Vehicle Administrators, most states use some form of driver s license facial recognition. Welcome to the world of biometrics -- the use of unique physical or behavioral characteristics to verify an individual s identity, and as surveillance cameras become ubiquitous and capable of recording finer detail, tracking of individuals (whether they re in their cars, or not) will become easier and easier. In the wake of 9/11, policymakers called for stronger national standards to verify the identity of driver s license applicants. This led to the Real ID Act of 2005 which established requirements for a national identification system based on the driver s license. Among the 18 benchmarks the states must comply with is the implementation of facial recognition. Despite being enacted seven years ago, Real ID has not been fully implemented. Many states, citing a range of privacy and budget concerns, have rejected the act through statute or legislative resolution, or have simply refused to comply. QUOTABLE QUOTE: The price of freedom of religion or of speech or of the press is that we must put up with, and even pay for, a good deal of rubbish. Let us focus on an ABATE of NY member, FRANK WESTFALL Frank has been a member for thirty-one years. As a supporter of ABATE his term as a member alone puts him near the top of a highly honored group of names. As a motorcycle community leader he has maintained the annual February SUPER SWAP at the New York State Fairgrounds for long enough to say that that event is the description of a true motorcycle swap meet. When the winter bikers get together by the thousands just to swap parts, run into friends, see the best chrome around and share the stories one more time, the social part may be the best thing swapped. Now recently Frank has been busy riding and competing in the annual Cannonball Run. Not that this is a new event to him but this year he won his 1000cc category on his pre 1930 machine, the Henderson that he can tell you all about. Frank has continued to support ABATE even at the Super Swap by offering free booth space to his home chapter, Onondaga and the C-Nic region booth. For the effort and enjoyment that he puts into the motorcycle lifestyle it is only proper that Frank Westfall be applauded by all as a valued and long standing member of ABATE of New York. Remember to put this years event on your calendar, February 9th and 10th A.B.A.T.E. of New York American Bikers Aimed Toward Education Promoting Motorcycle 18 ~ Robert H. Jackson ( ), US Supreme Court justice continued Safety Awareness Education 19

11 YOU CAN READ THE STATE NEWSLETTER ONLINE! You can download your ABATE of NY Freedom Writer from our website instead of receiving the printed version. Give your name and address to the state office manager, Chris at: You will receive an letting you know when the state newsletter is available online. Trouble seeing a pdf? Update your Adobe Acrobat Reader FREE - Membership Application ABATE of New York State Office P.O. Box 167 Walker Valley, NY ARE YOU MOVING? Bulk Mail is not forwarded; please update your address. Mail to: P.O. Box 167 Walker Valley, NY Name: Member #: Chapter: Address: City: State: Zip: Date this new address is to take effect: Phone: Fax: Other members in the household who will need to be updated: Name: Member #: Signature: Comments: New York State Motorcycle Safety Program: New York State Motorcycle Road Test Waiver DMV offers an option to the traditional motorcycle road test given at the DMV locations. A person is now eligible to secure a class M or MJ license provided that he or she is the holder of a valid New York driver s license, and has successfully completed the 15-hour Basic RiderCourse developed by the Motorcycle Safety Foundation (MSF). The course must be completed at a DMV/MSF approved training site. The course includes a written test and a skills test which must be passed, and the individual must have a motorcycle permit in order to receive the waiver. The approved MSF course is offered in New York State through the Motorcycle Safety Foundation (MSF). To find the nearest training site, you may access the MSF web site at or call them at LEARN FROM THE PROS For many people, motorcycling is a fun sport as well as an energy-efficient means of transportation. However, motorcycling requires skill, concentration and reasonable precautions. Although it is possible to ride a motorcycle without specialized training, trial and error is a tough teacher of motorcycling skills. That s why virtually all motorcycle groups have endorsed the Motorcycle Safety Foundation s Motorcycle RiderCourse (Basic RiderCourse or BRC) for beginning riders; Basic RiderCourse - 2 (BRC2) for experienced riding skills; and the Advanced RiderCourse (ARC) for learning advanced specialized techniques. THE COURSE The Basic RiderCourse is designed for beginning riders. It was developed by the Motorcycle Safety Foundation and approved by the New York State Department of Motor Vehicles. It consists of classroom and on-motorcycle instruction including the following: 1. Preparing to ride 2. Turning, shifting and braking 3. Street strategies 4. Special situations 5. Increasing riding skills 6. Maintenance and insurance Taken from: New York Governor s Traffic Safety Committee website: Course Overview MOTORCYCLES MAKE SENSE -SO DOES PROFESSIONAL TRAINING Motorcycle Safety Foundation - Motorcycle Rider Courses PROVIDED BY THE COURSE: The Basic RiderCourse is taught using a lightweight (100cc - 350cc) motorcycle provided for class use. These motorcycles are restricted to off-street use only. THE STUDENT PROVIDES: Students provide the following protective clothing: 1. Boots with walking heels, high enough to cover ankles; 2. Long pants of denim, other heavy material or motorcycle riding pants; 3. Leather gloves - full fingered and unlined but not too thin 4. Long-sleeved jacket or shirt, made from denim or other heavy material; 5. Approved eye protection; 6. USDOT-approved motorcycle helmet. Some training sites have loaner helmets available, check with the site for information

12 ABATE of NY, Inc. Life Membership Program The Life Membership Program consists of a one time payment based on the number of years the member has in the organization. Beginning with their 25th year, they are automatically a Charter Life Member and dues are waived. 0-5 yrs Membership $ yrs Membership $ yrs Membership $200 ABATE of NY Forever Members In addition to all benefits of a full member, the Life Member will receive: A Life Member patch A distinctive Life Member card Yearly pins The ABATE of NY State Board is honored to present another level of membership, designed to memorialize members passed. The ABATE of New York Forever Member will be memorialized through a unique card and memorial certificate, and continuing annual ABATE of New York pins. Forever Members names will be published in a special section of every subsequent issue of The Freedom Writer and on the ABATE of New York website. The card and certificate are meant for the memorializing party to treasure, pins perhaps to be saved or placed at the grave, and the publication so all remember. Forever Membership has been established at a one-time cost of $100, and eligibility is limited to those who were members of ABATE of New York at time of death. For further information, or to memorialize an ABATE of New York member through Forever Membership, please contact the State Office Manager at , or Forever Members You can shed tears because they are gone, or you can smile because they lived. Chris Allen Stan Bach Robert R. Blasko Dorothy Falt Tom Fleming Brenda Force Dick Fulton Victor Green Michelle Hall Martin Hourihan Frank Martorana Gary P. Myers Terry Doc O Rourke Brian Paschen Chris Peek Barbara Rancourt Robert Ritchie Walt Rutski Angie Shufelt Robert Shuster Martha Strouse Robert Taylor John V, Jack Wrigley Advertiser Index Page HURT American Harley-Davidson, Inc. 15 AMSOIL Dealer 7 Bad Pig Saloon 12 Brunswick Harley-Davidson, Inc. 19 Eagle Beverage Co. 11 Extreme Biker Leather 7 Falcon Designs Bullet Jewelry 6 Geneva Harley-Davidson 5 Gowanda Harley-Davidson 6 Hardtails Magazine 12 Harley-Davidson of Jamestown 12 Harley-Davidson of Suffolk 15 Harley-Davidson of Utica 15 Haymond Law Firm 13 Iron Block Harley-Davidson, Inc. 7 Ithaca Harley-Davidson 11 JJ Cycle 7 Joe s Cycle Repair 17 Kantor & Godwin 16 Lighthouse Harley-Davidson, Inc. 5 The Biker Low-Down Radio Show 6 Mid-State Trikes 4 Niagara Falls H.O.G. 11 New York Biker 18 Proner & Proner 2 Road Hazard 8 Ronnie s Motor Sports, Inc. 10 Seeber s Tavern 11 Stan s Harley-Davidson 21 Staten Island Harley-Davidson 15 Stone s Snow Sled 10 Woodstock Harley-Davidson, Inc. 17 Date: Freedom Writer Advertising Form Web page: Business Name: Your Name: Street: Phone: City: State: Zip: JANUARY MARCH MAY JULY SEPTEMBER NOVEMBER NEWSLETTER ADVERTISING RATES ** Extra charge applies for front or back inside cover placement. All Advertising, Including Renewals - Must Be Prepaid. FULL YEAR ADVERTISING - 6 ISSUES SINGLE ISSUE ADVERTISING Full Page 9 x 10 $1,000 Full Page 9 x 10 $170 Half Page 9 x 4.95 $500 Half Page 9 x 4.95 $85 Quarter Page 4.48 x 4.95 $260 Eighth Page 4.48 x 2.45 $140 How Many Issues: Business Card $120 Please supply your ad, with this form. Business Card Sponsors can supply a business card or similar size ad. If you do not have a suitable ad, we can prepare one for you. Just supply us with the ad text and any graphics. Print clearly or type all ad text. reserves the right to refuse any advertisement that is not in the best interest of our organization. We also reserve the right to change our advertising rates without notice. Circulation 3500 per issue. ABATE of New York Sponsored Events Non-ABATE of New York Sponsored Events DISCOUNTS FREE $102 for Full Page / $51 for Half Page PLEASE REMIT YOUR PAYMENT WITH YOUR ADVERTISEMENT Make Checks Payable to: 223 Lincoln Street Wayland, NY Freedom Writer Advertising Manager Michael Grasby Support those who support us 22 Phone: Cell:

13 24 HURT in an Accident? Find out your rights, FAST! Motorcycle Accidents Car Accidents Pedestrian Accidents Boat Accidents Train/Aviation Accidents Slip &Fall Accidents Construction Accidents Nursing Home Abuse/Neglect Birth Injury Call 24 hours /7days NEW JERSEY NEW YORK Robert Plevy, Esq. Joshua D. Pollack, Esq. &Philip L. Frankel Esq. 10 Rutgers Place 143 Willis Ave, Mineola, Long Island Trenton, NJ 116 John Street, NYC FREE consultation! We will come to you! We will immediately protect your rights! Don't speak to the insurance company before you call us! We will fill out all forms for you! We will advance the money to investigate &pursue your claim! 1/3 Legal fee is paid at the end of your case! HURT-911, Inc HURT-911 is a registered trademark owned by Philip L. Franckel, Esq.

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