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1 A.B.A.T.E. of North Idaho Newsletter July-August 2010 American Bikers Aiming Toward Education FREE!!

2 2 ABATE of North Idaho EAGLE July-August 2010 A.B.A.T.E of North Idaho Chapter Information Be Informed Be Involved A.B.A.T.E of North Idaho State Information State Officers: Clearwater Chapter PO Box 2042 Orofino, Idaho Mike Thacker Meeting 1st Saturday Hoodoo Chapter PO Box 912 Spirit Lake, Idaho Russ Haux Meeting 1st Saturday Kootenai Chapter PO Box 2511 Hayden, Idaho Dale Ohrt Meeting 1st Thursday St. Joe Chapter PO Box 173 St. Maries, Idaho Moose Wittrock Meeting 1st Sunday The Hells Canyon Chapter PO Box 2096 Lewiston, Idaho Dave Bremenour Meeting 1st Saturday Know Your Rights Protect Your Rights National Coalition of Motorcyclist Motorcyclists Rights Organizations American Motorcyclist Associationn Local Rep: Tom McLaughlin Idaho STAR Motorcycle Riders Training Motorcycle Riders Foundation Local Rep: Dave Cazel Idaho Coalition of Motorcycle Safety Coordinator Chuck Gilmore Deputy Coordinator Paul Riess Secretary Dave Cazel Treasurer Dee Hutchinson Membership Sec Ernie Crocker Sergeant-at-arms John Baker Ambassador at Large Tom Taylor net ANI Newsletter Editor Disclaimer: The Eagle is a bimonthly publication of ABATE of North Idaho. The views expressed by advertisers, or correspondents may not necessarily reflect those of ABATE of North Idaho. The content of the Eagle is based upon source material, believed to be accurate, however; no liability is assumed for accuracy or completeness. All input is welcomed. Facts and statistics should include sources and references. Credit will be given to all writers. The Newsletter Editor reserves the right to edit all submissions for space, clarity, and content. Material will be printed as space permits. ABATE of North Idaho, its officers and staff of the Eagle issue no warranty of safety in any event described herein or guarantee any product or service advertised herein. The above named parties accept no liability or responsibility for death, injury, or other losses due to participation in event, or use of advice, products or services offered or advertised in this publication. A.B.A.T.E. Of North Idaho Eagle Newsletter A direct TARGET MARKET of the motorcycle industry and all related subjects. Circulation of 2000 and growing. Direct mail to 300 ABATE members Throughout Northern Idaho and Northeast Washington. Distributed and available for FREE at various locations through N. Idaho, including motorcycle dealerships and repair & accessory shops. All motorcycling places of interest, rallies & events. Choose ad size then send copy of your ad to address below We do have design staff if you need help with designing your ad. Please send ads in pdf or jpg format; high resolution (300 dpi at actual Size). Send camera ready copy (sized as above) or copy for original creation of an ad for you to the address shown Call Paul with any questions. Bi MONTHLY Advertising Ad Rates Number of Insertions JUMBO Ad (9.3 x 10.2 = 94 sq.in.) LARGE Ad (7.5 x 10 = 75 sq.in) MEDIUM Ad (7.5 x 4.88 =36.6 sq.in.) MUSTANG Ad (3.63 x 4.88 = 17.7 sq.in.) Business Card Ad (12 months = 6 Issues) ad inquiries and ad Artwork to: 1X 3X 6X $135 $125 $115 $105 $95.00 $90.00 $55.00 $50.00 $45.00 $30.00 $25.00 $ > $60.00 total Prices effective March -01, 2010 and subject to charge without Notice Ad dimensions may vary, but area will be equal or greater than the areas shown above Send Payment Check : to ABATE of North Idaho PO Box 2989 Coeur D Alene, ID 83816

3 ABATE of North Idaho EAGLE July-August 2010 Comments from readers are invited and will be printed, space permitting, in future issues. Please submit letters to the editor to Newsletter editor: ANI State Chaplin Editor's Notes Many Thanks Only by the grace of God I am here to write this. First of all I want to thank everyone for your cards, calls, visits and support. Sandy and I are truly blessed to have so many friends who care. We have been offered help and support for just about every need imaginable. Thank you all. As many of you know I was in a motorcycle accident on April 20 th by Parma Idaho on Hwy 95. Spent 4 days in the Boise hospital and 7 more at Kootenai. All my injuries are healable. It has been a long process of healing and I have been thankful every day for all that God saved me from. I have no lasting injuries or scars. Every day we have seen God s blessings through this. I keep getting asked if I will ride again, duh, YES. My bike was a total loss and we have already purchased a new one Memorial Day weekend. Not able to ride at this writing but I am ready to see the road sideways and leaving sparks in the corners. Again my thanks to all of you. Looking forward to seeing you on the road. Pastor Ernie ANI Coordinator s Report In Memorium Our most Sincere sympathies, ABATE of North Idaho members mark the sudden passing of Jim Adams, Coordinator of ABATE of Southern Idaho. 3

4 4 ABATE of North Idaho EAGLE July-August 2010 Run & Events June Combat Vets Ritzville Rondezvous - July CDA Honda Riders Club Overnighter; Quinns Hot Springs; Mik July 11 ABATE of North Idaho State Meeting July 11, 2010 July 17 Ride for Life Scott July 24 Hoodoo s 1 st Annual Fat Bastard R Back & camp out Russ July Hell s Canyon Ride to Ramble Inn, Montana -Dave July Cruisers Mini-Sturgis; Sheri Aug 6-8 ABATE St. Joe "Too Broke for Sturgis"; Elk River; Moose August 9-15 Sturgis Bike Week, Sturgis SD Aug Annual "Ladies on the Loose" ride; Jinny Aug 15 Fallen Heroes Ride; Eric Sept 2 to Idaho H.O.G. Rally, Coeur D Alene Sept 4-6 ANI & ICMS "Friendship Run", Orofino ID, Chuck Sept ABATE St. Joe "End of Sun " run; Moose Sept 17 Procrastinator's "Spring Poker " run Cataldo; Tom Sept "Big Nasty Hillclimb" New Plymouth, ID, Ron Sept. 18 Hell s Canyon Chapter Birthday Run -Dave October2nd Kootenai/Hoodoo Fall Highway Cleanup - Dave October 3 ABATE of North Idaho State Meeting October23rd Hell s Canyon Halloween Party - Dave November 6 Kootenai s Toy s for Tot s Toy Run - Dale November 20 Hell s Canyon Thanksgiving Ride - Dave December 18 Hell s Canyon Christmas Party -Dave December 31 Hell s C anyon New Year s Eve Party -Dave Dear "W" I'm currently enrolled in law school and before coming home for a school break, I sent out my résumé to some local attorneys to inquire about some summer positions. I accepted an invitation from one {whom shall remain unnamed} to spend a few days at his office and perform some legal aid work. The thing that bothers me the most was all he wanted to talk about was his recent divorce and asking me how my personal life was going with my husband and me, and I mean real personal stuff!!! It made me feel very uncomfortable, so I ed him and apprised him I wouldn't be back. Since then he has called and e- mailed me numerous times and he's becoming creepy. My husband say's ignore him and he'll go away, but that doesn't apply in this situation. How can I get him to leave me alone? I believe this guy wants more then my legal assistance. Lost in legal land: Dear Lost: So you want to become a Lawyer, it's time to step up to the plate and summon up your best legal advice. Send this dude an and tell him that LORENA BOBETTE IS YOUR HERO and as Barney Fife would say, that ought to nip it the bud!!! Have a great life in the field of legal advice. "W"

5 ABATE of North Idaho EAGLE July-August 2010 Motorcycle Safety Tips The Bubble of Awareness by Stacey Ax Axmaker Training Manager Idaho STAR Motorcycle Safety Program STAR (7827) 5 You ve seen them on the roads driving their cars, trucks, and SUVs. Talking on the phone, eating, making a grocery list, checking their Palm Pilot, reading their GPS, yelling at the kids, and maybe all of the above! How much of their attention is left for driving? I call this their Bubble of Awareness how large is the area that they are aware of and paying attention to? Maybe just to their front bumper Now, how about us? How big is OUR Bubble of Awareness? We have distractions, too. Twoway radios, keeping an eye on the other riders in the group behind us, the argument we just had with the boss/spouse/friend/etc., the distracting effects of heat, cold, wind, bugs, debris, etc. How much of OUR attention is being spent on the business of riding? Research has shown that in an emergency situation, we have between 2 and 3 seconds to react before something bad happens. The problem is that is takes about 3 seconds to judge, decide what to do, and then take that action. Now, I m not a math whiz, but that seems like a problem to me What makes the difference is what happens during the 5-10 seconds BEFORE the emergency situation. If we can train our Bubble of Awareness to extend to 20 seconds ahead of where we are now, we can start to make some predictions and take actions that reduce our risk: Truck with uncovered load predict debris back off and be ready to slow/swerve/stop Driver up ahead going slowly and looking side to side predict they are looking for an address and may turn suddenly back off and don t pass (they may turn left when you are trying to pass!) Road curves out of sight predict that beyond the bend is debris, a stalled car, deer, and/or a tighter turn slow and select a lane position that allows you to see farthest around the turn There are dozens and maybe hundreds more. The trick is for us to get our eyes up and look well ahead. Identify those potential hazards, make predictions, and take action early. The best way to handle an emergency situation is to identify it and take action BEFORE it becomes an emergency. Enjoy the summer riding be alert, ride within your limits, and increase your Bubble of Awareness. Driver Crashes While Shaving Genitals Published : Friday, 05 Mar 2010, 2:48 PM CST MYFOXDFW.COM A two-vehicle crash in Florida happened because the driver was shaving her bikini area while her ex-husband took the wheel from the passenger seat, according to a report in keysnews.com. The incident happened at about 11 a.m. on Tuesday on Cudjoe Key when Megan Mariah Barnes' 1995 Ford Thunderbird struck a pickup from behind at about 45 mph, the report stated. Passengers in the truck suffered minor injuries. Barnes, 37, was allegedly not supposed to be driving. According to the report, she had been convicted the day before of DUI with a prior and driving with a suspended license. Barnes is charged with driving with a revoked license, reckless driving, leaving the scene of a wreck with injuries and driving with no insurance. Her passenger, Charles Judy, was not charged. According to the article, Barnes said she was shaving behind the wheel to get ready for a liason with her boyfriend in Key West.

6 6 ABATE of North Idaho EAGLE July-August 2010 MOTORCYCLE AWARENESS & FUNDING The Idaho STAR program (Skills Training Advantage for Riders) was initiated by the Idaho Coalition for Motorcycle Safety in 1991 when a steering committee was formed consisting of riders, dealers, law enforcement and the Idaho Transportation Department. Ron Shepard, then with the Motorcycle Safety Foundation (MSF), met with the committee several times to assist and advise. Legislation was introduced and after two tries was passed in Idaho Code Motorcycle safety program fund. (1) The motorcycle safety program fund is established in the state treasury and appropriated on a continual basis to the division of professional-technical education which shall administer the moneys. Money in the fund shall only be used for administration and implementation of the program, including reimbursement of entities which offer approved rider training courses. (2) At the end of each fiscal year, moneys remaining in the motorcycle safety program fund shall be retained in said fund and shall not revert to any other general fund. The interest and income earned on money in the fund, after deducting any applicable charges, shall be created to and remained in the motorcycle safety program fund. (3) Revenue credited to the fund shall include one dollar ($1.00) of each fee for a class A, B, C or D driver s license as provided in section , Idaho Code. (4) Revenue credited to the fund shall include amounts collected for each motorcycle safety program fee imposed pursuant to section , Idaho Code. With information provided the original funding was $1.00 from each driver s license fee, including CDLs. In any event the money is deposited to a dedicated fund, not a part of the general fund. Raiding the fund would take a change in the law, legislative action. By 2005, it was apparent that the funding wasn t keeping up with the growth of the program. Bikers lobbied to tax themselves and now $6.00 for each registered bike goes to the program in addition to the $1.00 (Idaho Code ). It soon turned out that by ignorance or laziness motorcycles included ATV and anything else the numbers people didn t know where to put. Then there were accounting problems and STAR was getting short changed. It s not hard to calculate $1.00 times the number of driver s licenses. For some reason the numbers and the money didn t match. It s better now. Funding now runs approximately $1.2 million each year and seems to be working. In the beginning there was not sufficient funding to cover anymore than the rider training. Now STAR is involved with impaired riding and motorist awareness programs. The 2010 money has helped in that regard. STAR is now better able to address the goals of the statute. Motorist awareness is now a part of the driver s education curriculum. Idaho Code (3): The program shall include activities to increase motorcyclists alcohol and drug effects awareness, motorcycle rider improvement efforts, program promotion activities, and other efforts to enhance motorcycle safety through education, including enhancement of public awareness of motorcycles. The dedicated fund has been a big part of the success in the funding. Idaho had precedents for this, so the concept is well established. The STAR program has a very vital and functioning advisory committee working with the curriculum, budget, administration and details. Riders and motorcyclists (dealers, etc.) and law enforcement are active members of the committee. See Ted for your Foremost M/C insurance

7 ABATE of North Idaho EAGLE July-August 2010 Lewiston s 2010 Awareness Rally, Soggy but Successful Another ANI Awareness Rally and another unrelenting rainstorm. That s what happened on Saturday May 8 th in Lewiston, Idaho. About 30 motorcycles gathered along side highway 95 north of Lewiston to begin their parade to the Nez Perce County Courthouse in Lewiston. The dedicated freedom fighters gathered to hear three speakers, Matt Mayer of STAR, Dave Cazel state Rep to the MRF, and Lane Triplett, chairman of ICMS. While the group was gathering before the parade they were surprised with an unscheduled visit by Dr. Rex Rammell on the campaign trail to Kooskia. He saw the motorcycles, the rain and just knew it had to be another Awareness Rally in May. He spoke about taking back state government from the status quo. When the group gathered at the courthouse, standing in the rain, Matt Mayer, the instructor from STAR spoke about education and awareness post cards to be sent by riders to none riders.(you can get them for free from your ABATE officers). Dave Cazel spoke about motorcycle rights and the public s awareness and Lane Triplett of ICMS discussed our relationship with the legislature. It continued to rain. 7

8 8 ABATE of North Idaho EAGLE July-August 2010 ABATE of North Idaho Spring Opener!! Pines RV Harvard, Idaho

9 ABATE of North Idaho EAGLE July-August 2010 ABATE of North Idaho Spring Opener!! 9

10 10 ABATE of North Idaho EAGLE July-August 2010 March 07, 2010 /24-7 PressRelease A 150 percent jump in motorcyclist fatalities recorded by the U.S. Department of Transportation in the past decade has researchers perplexed. Motorcyclists are considered the highest risk motorist group, accounting for 14 percent of all fatal traffic incidents. DOT's Fatality Analysis Reporting System recorded 5,290 crash deaths among motorcyclists in 2008 and 96,000 injuries. The traffic fatality rate for motorcycle riders has steadily increased since 1997, while other motor vehicle-related deaths declined. The greatest number of motorcyclist deaths on the road, 36.4 percent, involve front-end crashes with other vehicles. Collisions with motor vehicles overall are responsible for slightly less than half of the annual death toll among motorcyclists, according to the federal data. The Federal Highway Administration will fund a study by Oklahoma State University's Oklahoma Transportation Center designed to pinpoint causes of the increasing fatality rate among motorcyclists and identify prospective interventions. Researchers will study commonalities among motorcycle crashes ranging from road configurations and environmental conditions to rider experience in assessing the reasons for the high rate of fatalities among motorcyclists. The Oklahoma Transportation Center research follows a 1981 NHTSA-sponsored study as well as a study conducted by the Association of European Examining the Rise in Motorcycle Accidents Motorcycle Manufacturers from 1999 to 2000 and one conducted in Thailand in The 1981 study found several factors contributing to motorcycle fatalities, including auto driver failure to detect motorcyclists and lack of safety equipment such as helmets. The study recommended improved licensing and training, as well as measures to make motorcyclists more conspicuous on the roads. The European study again cited driver error, attributing 50 percent of crashes to auto drivers and 37 percent to motorcycle operators. Significantly, more motorcycle crashes occurred on straight roadways and minor roads than on curved roads or major highways. Unlike the American and European studies, the Thailand study found rider error to be the major contributor to motorcyclist fatalities, with alcohol implicated in 40 percent of crashes. The most common type of crash was the motorcyclist rear ending an auto. In the Thai research, only a single motorcyclist acknowledged receiving any training in operating motorcycles; the study concluded that the absence of training led to the high rider error rate. The upcoming study in Oklahoma will build on the knowledge attained in earlier studies, establishing which crash causes remain of concern and which interventions undertaken in response to earlier studies have proven effective, as well as identifying new contributors to the high incidence of motorcycle crashes.

11 ABATE of North Idaho EAGLE July-August Penny Wright Susan Taylor ICMS "Two Wheel Advocate" Idaho Transportation Dept. Safety Summit Kootenai Chapter 2010 Toys for Tots Garage Sale The Kootenai Chapter, 2010 Toys for Tots Garage sale was held May 14 th & 15th in Coeur d' Alene. The sale was a huge success and follows the 2009 sale held the first one in October of last year and brought much needed money. The plan is to try to hold it 3 times this summer to bring in more money for Toys for Tots in these hard times. The first one this year was held at Neil and Penny Wright's house on 15 th street in honor of their son Joshua Wright. Joshua was so much involved with the men and women in the Marine Corp and their families. Neil & Penny had, previously, helped with Toys for Tots in California. Penny and Susan brought in a generous amount from this 2 day sale. Susan & Tom Taylor are planning another one in July and in September. Donation is needed irons, computer parts, children's clothes. Let's ALL give a big Shout-Out to Susan and Tom Taylor and their daughter, Teresa Blankinship for their reliably transporting the "Eagle" from CDA to Lewiston. Their efforts benefit ANI members. THANK YOU! On April 28th your ICMS board members Justin Crawford, Chuc Coulter, and Lane Triplett attended the Idaho Transportation Department's "Annual Safety Summit". We listened to experts from ldaho and around the Nation speak about highway safety. Motorcycles were mentioned during the day but not once did any of us hear a call for a helmet law for all riders in ldaho or the Nation. This was quite refreshing. Motorcycles were. far from center stage but there were several hour long breakout sessions that discussed some of our concerns. One of these was lane departures/intersections. This session discussed many things that intersection designers can do to make the intersections safer, such as making line of sight more open at the intersection and rumble strips going in. Lane size reductions going into the intersection have proven to reduce vehicle speeds because there is not as much road surface. Having stop signs placed in the center line as well as by the right side of the road to help the driver see that there is a stop ahead was also discussed. One of the most effective intersections that are the most cost effective to maintain are roundabouts. Roundabouts reduce fatal crashes greatly but do cause slightly more fender bender damage. The consensus was that roundabouts are the most effective and it looks like they are gearing towards installing more of them though out the valley. The effectiveness of centerline rumble strips was also discussed. One of the problems they are having with the rumble strips is if the road sealant is applied before they cut into the pavement the rumble strips crumble within a few years and are more effective as pot holes than rumble strips. There were two sessions on distracted driving. Much emphasis was given to texting and cell phone use while driving. It is estimated that the effects of cell phone use, whether hand held or hands free, is equal to a.08 BAC. That is very disturbing if accurate. ITD statistics say that 31% of fatal crashes are the result of inattentive distracted driving. There are some countermeasures being tried with varying success. The failure of the texting bill was a disappointment to many. Still others thought that there would be problems with enforcement. How does an officer prove that someone is texting rather than just dialing the phone? The fact that ldaho has an inattentive law on the books to combat this was also debunked as prosecutors, it seems, will not pursue such a ticket unless there is another consequence of the inattention. As discussed in previous issues of the Advocate, there is great concern among the motorcycling community regarding distraction yet effective solutions are difficult to find and implement. Once again your lcms board members have taken the time to stay involved and participate in activities that we hope will bring a safer riding experience to the motorcyclists of ldaho. Thanks to the ldaho Transportation Department for the invitation to participate. The Hub Bar and Grill 406 Main St. Kamiah,Idaho Good Food, Good friends, Good times

12 12 ABATE of North Idaho EAGLE July-August 2010 ANI s Annual Cd A Awareness Rally Another Success On Saturday morning May 1 st during an unrelenting rainstorm about 70 dedicated motorcycle riders braved the elements to show the general public that Rain or Shine motorcycles are on the road all the time. Riders began arriving before 0900 hrs for a sign up at 1000 hrs and the four guest speakers begin at 1030 hrs. The four speakers, Dave Dixon of STAR, Rep. Phil Hart, Rep Bob Nonini and Gubernatorial Candidate Dr. Rex Rammell spoke about issues of importance to motorcyclists. Topics ranged from STAR education, rights to use the highways and roads, personal freedoms and awareness. Probably the most notable item was the fact that the state legislature and our motorcycle friendly legislators need to hear from the community about issues important to us. Without our input the statehouse doesn t know how to service our needs. Stay in contact with our Representatives and Senators. That the conclusion of the Rally the riders proceeded, two abreast, down Sherman Ave. through downtown Coeur d Alene. The parade was led by Dr. Rex Rammell, riding in Lucky Lawrence s sidecar. ICMS "Two Wheel Advocate" Washington State House of Representatives has passed an anti-motorcycle profiling bill 96 to 2. The bill reads as follows: AN ACT Relating to motorcycle profiling; and adding a new section to chapter RCW. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: NEW SECTION. Sec. 1. A new section is added to chapter RC 5 to read as follows: (1) Local law enforcement agencies shall: (a) Adopt a written policy designed to condemn and prevent motorcycle profiling; (b) Review and audit their existing procedures, practices, and training to ensure that they do not enable or foster the practice of motorcycle profiling; (c) Institute training to address the issues related to motorcycle profiling. Officers should be trained in how to better interact with persons they stop so that legitimate police actions are not misperceived as motorcycle profiling; and. (2) The Washington association of sheriffs and police chiefs shall coordinate with the Washington House Bill 2511 criminal justice training commission to ensure that issues related to motorcycle profiling are addressed in basic law enforcement training and offered in regional training for in-service law enforcement officers at all levels. (3) For the purposes of this section, "motorcycle profiling" means using the fact that a person rides a motorcycle or wears motorcycle-related paraphernalia as a factor in deciding to stop and question, take enforcement action, arrest, or search a person or vehicle with or without legal basis under the United States Constitution or the Washington State Constitution. This bill was brought forward in large part in response to police officers photographing individuals and motorcycles at the 2009 Black Thursday at the Washington State Capitol. There have also been complaints of profiling relating to last year s new helmet law modification. Idaho should be interested in the final outcome of this bill. We will be watching as this bill moves to the Senate. March 8, 2010 No Bones About It I've got a little story to tell and I think you'll be interested in the end result. Once upon a time, a motorcycle club, decided to have a little get together at one of the local Harley dealers in the valley. The club that sponsored the party was not in good standings with the local Henderson P.D, so the local coppers decided to stop every biker that was going to attend the party and give them the choice of either turning around and not supporting the event or getting a ticket if they decided to continue on. A lot of people decided to continue on and were promptly stopped under the guise of unsafe headgear, and once stopped they were written tickets for everything from helmets to high bars. Some of the riders that got tickets went ahead and paid them or plead them down to parking tickets and just paid the fine as fighting the system didn't seem like a good idea. Fifty-six of the riders, however, decided that they were sick of this form of harassment and decided to stand up for what they believed in and got in touch with an attorney. This attorney had no experience with motorcycle law, as his specialty was in mortgages, but he was willing to take a stab at it. Now this attorney, a tough strong on constitutional rights, had no idea of what he was getting himself into so he connected with Dave Stilwell and a crash course in motorcycle rights. To make a long story a between the two of them, all fifty-six tickets were dismissed prior to the court date, which is tomorrow. These people stood up to the Henderson Police Department and scored a victory that will set precedence for all cases to come. The fact that they were cited under the helmet law and charged with everything under the sun, when investigated, it was revealed that it was against the law for two reasons. The first is, that in order to be stopped for a helmet violation, law enforcement must have probable cause. This means in order for the law to pull you over, they have to believe that you are committing a crime or you are in violation of the law, and seeing as how Henderson Police Department has no specified training for their officers to determine what constitutes approved headgear according to the Nevada Revised Statute , they do not, nor will they ever, have the ability to pull you over for a helmet violation and make it stick. THERE ARE NO STANDARDS! The second reason is a legal term that is called" fruit of the poison vine", when translated into English is: that if the cop stops you under the guise of unsafe headgear, i.e. the helmet law, and writes you two dozen more tickets for insurance, endorsement, no registration and whatever else, they will all be dismissed because the cop doesn't have the ability to determine if your helmet is compliant or not, so without probable cause he would not have been able to write the ticket in the first place. I was ecstatic about the decision even though we didn't get to see the Judge, because if the City Attorney cannot prosecute on the grounds that were presented in discovery by the defendant, the helmet law as we know it is on its way out. Henderson has always drawn a hard line with the motorcycling community, especially with clubs, and it is not due to the attitude of the cops but the directives from supervision. We are collecting helmet tickets for the legislative session in 2011 to show that this law is used as a direct tool by law enforcement to discriminate against bikers in this state and in no way has anything to do with the safety of the rider. The fifty-six riders that won were stopped for no reason, their civil rights were violated and with this decision we will all be able to ride a little freer in the community of Henderson. My hat is off to you and I applaud your decision to stand up for the rest of us, now let's see if the rest of us are ready to stand up for you. We need to challenge authority when we suspect wrong and hold those in office responsible for their decisions. It's not so much about fighting the system but about fighting tile abuse by the system. As I have said in previous articles, why should motorcycles be the only privately owned vehicle that requires special equipment, special license and extra fees for registration when motorcycles are highway friendly, ozone friendly, fuel-efficient and will reduce congestion on the busiest of Nevada's roadways? The primary elections are coming in May and the people that have applied these restrictions will be running for office. Will you allow them to concoct even more restrictions on your freedom? What will you allow them to do to you this term? Help us help you protect your right to ride free! WHEN INJUSTICE BECOMES LAW RESISTANCE BECOMES DUTY BONES, ABATE of Southern Nevada P.S. I forgot the part about they lived happily ever after and didn't have to pay the $ fine.

13 ABATE of North Idaho EAGLE July-August 2010 Clearwater Easter Egg Hunt 13 MRF Washington Update FHWA MOTORCYCLE ADVISORY COUNCIL The Federal Highway Administration (FHWA) recently convened its Motorcycle Advisory Council (MAC) to discuss motorcycles and how they relate to the country s transportation infrastructure, and make recommendations to the U.S. Secretary of Transportation. The Motorcycle Riders Foundation (MRF) is a member of the MAC and attends all council meetings. In addition to council members, the MAC invites specialists from the government, industry and universities, with the goal of reducing motorcycle crashes and injuries to motorcyclists. They carefully consider the small road signature of motorcycles and the how they interact with the roads, bridges and barriers of this country. This was the 8th time the council has met over 4 years. The feds announced that will be doing two scans of motorcycle safety to observe best practices and identify alternative solutions for smooth interaction between motorcycles and infrastructure. They will conduct a domestic scan to study programs throughout the U.S., and will also travel to Europe and Australia for an international scan. The MRF was invited to participate in the international scan, as well as to help craft amplifying questions for international partners in that scan. The sole focus of the scans is improving U.S. infrastructure for motorcyclists. Much of the discussion at this meeting was focused on how to get the message of the MAC into the right hands across the states. In an earlier meeting of the MAC, a brochure was developed with the mindset that it would provide key recommendations of the MAC to state highway developers. The information is fantastic, but the brochure was met with little fan fare. Oftentimes safety documents are lengthy and dull, and don t get the attention they deserve. So the goal of this group is to not only create something that will get into the right hands, but will also get their attention. Many ideas were discussed, from video public service announcements to boiling down all current motorcycle safety documents into one simple, bullet-point document. A few members of The Clearwater Chapter went around town this last couple of weeks and sold plastic Easter eggs for $1 each with prizes inside of $1, $5 or $10 and of course sorry, try again. $200 was raised and given to the VFW Post 3296 for the annual Easter egg hunt in the Orofino City Park on Saturday April 3rd. Thank you especially to Debbie Guhlke, Dee Hutchinson and Pauline Durst for your efforts. (and maybe Stan) On April 3 rd, The Clearwater Chapter members also got out and lent a helping hand with setting up boundaries, hiding eggs, handing out stuffed animals (that were donated to the chapter for this purpose) and with traffic control. The VFW was so thankful for our help that they have volunteered us to help them with other projects throughout the year. I am sure we won t have a problem accommodating them. Everyone had a great time and we are looking forward to doing it again next yeaṙ MOTORCYCLE VEHICLE MILES TRAVELED NUMBERS IMPROVE For years and for good reason, the MRF has been crying foul regarding the motorcycle vehicle miles traveled (VMT) numbers collected and published by the federal government. One of many glaring examples was that for several years, it was reported that the state of South Dakota, home of the Sturgis motorcycle rally, had zero annual motorcycle VMT. In fact, before the MRF got involved in this issue, motorcycle VMT numbers were optional for the states to report. We at the MRF realize the need for solid VMT numbers to get an accurate view of the country s safety situation. The motorcycle industry gathers its own VMT numbers, and they are always at least double what the feds bring to the table. It s refreshing to see the feds act on the MRF s demands and at least attempt to improve the accuracy of the motorcycle VMT numbers gathered. They are now going to code the numbers using geographic information system mapping software that will compare travel on types of roads (from highways to rural roads), as well as breaking out the numbers by vehicle types. This does not mean the numbers will be completely trustworthy, but they are headed in the right direction. TRAVELER OPINION AND PARTICIPATION SURVEY The feds also announced that they will be doing a Traveler Opinion and Participation Survey (TOPS) during the summer of They will survey a random sampling of adult Americans over the phone to gage how the general public feels about the roads they use, the traffic they sit in, the purpose of travel and so on. As a direct result of the MAC s recommendation to the U.S. Secretary of Transportation, the survey will, for the first time, include questions about motorcycles. This was the last official meeting of the MAC under its current charter. The MRF is working with U.S. Secretary of Transportation Ray LaHood, a past recipient of the MRF Champion Award, to extend the MAC s charter for another two years. This would be the 2nd extension of the original Congressionally-mandated charter. To read more about the MAC or view the motorcycle safety brochure visit:

14 14 ABATE of North Idaho EAGLE July-August 2010 May 17, 2010 Police Stops of Motorcycles in New York Posted under: lawsuit, motorcycle accident, motorcycle accident attorney, motorcycle accident lawyer 3:26 pm Since 2007, the New York State Police, along with other county and local police departments, have been conducting motorcyclist only police checkpoints on the roadways of New York State. They claim the purpose of these stops, at which they issue numerous tickets for helmet and exhaust pipe violations, is to advance motorcycle safety. Being a motorcycle rider myself, as well as the Aid to Injured Motorcyclists (AIM) Attorney for New York State, I was asked by ABATE of New York to contest this infringement on the rights of motorcyclists. My initial response was to write the State Police and municipal authorities. I advised them that I was the New York State attorney representative form the National Coalition of Motorcyclists (NCOM) and that if they continued to conduct the motorcycle only Police enforcement checkpoints my office would file suit. My letter was ignored and consequently, with the help of then President of ABATE, Robert Prospector Boellner, I found class representatives to bring my action against the New York State Police as well as the other municipal agencies and elected officials participating in these stops. the New York State Police have already been required to turn over many internal documents which contain information that every rider should know. It turns out that the State Police originally got the Federal funding for the motorcycle only roadblocks by pointing to an increase in motorcycle fatalities. This is where the misleading information provided by the State Police begins. They point to an increase in fatalities when in actuality, in 2007, the per rider fatalities went down. More importantly, their own research shows that the major causes of motorcycle fatalities are speed and failure of other motorists on the roadway to keep a proper lookout for the rider. Using the purported increase in rider fatalities as an excuse for conducting motorcycle only check points, the State Police began targeting major motorcycle events and setting up checkpoints along the routes to the events. The Police would conduct these stops by putting signs up on highways advising all motorcycles that they must pull over for a Police checkpoint. There were Police helicopters as well as fixed wing airplanes ready for any riders that failed to stop for this checkpoint. At the checkpoint there is a visual inspection by a State Police Trooper which can last anywhere from a few seconds to several minutes Based AIM Attorney Mitch Proner Phone [1(800)PRO-LAW1] upon this initial inspection, some motorcycles are allowed on their way while other motorcyclists are further detained for a more thorough inspection which may take minutes. The more detailed inspection will often result in a ticket for some sort of infraction. In addition to issuing tickets, the Police give riders a pamphlet addressing motorcycle safety. The documents which we have obtained as a result of our lawsuit indicate that the State Police contact local District Attorneys and encourage them to enforce the tickets to the fullest extent of the law. The types of infractions the riders are ticketed for depends not on the motorcycles or riders but more often on the part of the state the riders are located. For example, riders headed to a freedom rally in Niagara were primarily ticketed for loud pipes while riders on the way to the Harley Rendezvous were far more likely to get ticketed for a helmet violation. One would certainly expect that riders going to the Harley Rendevous would have an equal proportion of loud pipes per motorcycle stop as any other part of the state and the inexplicable discrepancies in the manner in which tickets are issued is evidence of the arbitrary manner in which the law is being enforced at the checkpoints. In the first lawsuit of its kind in the United states, Proner and Proner is challenging the constitutionality of this unwarranted Police action on First, Fourth, Fifth and Fourteenth Amendment grounds in the Federal Court for Northern District of New York. The United States Supreme Court has long recognized that when a motorist is stopped on the roadway, there is a seizure under the Constitution. Whether or not this seizure is unconstitutional depends on whether or not objective facts indicate that society s legitimate interests warrant the seizure and the degree to which it intrudes on the individuals personal liberties. Sobriety check points have been found to be constitutional because the intrusion is limited and they promote a legitimate government concern for public safety. In a case called Michigan Dept. Of State Police v. Sitz 496 US 444(1990) the United States Supreme Court upheld as legal a sobriety checkpoint at which all motorists are stopped for preliminary questioning and observation for signs of intoxication. We believe that the New York State Police motorcycle only checkpoints can be easily distinguished from a sobriety checkpoint on a variety of grounds. First of all, the New York State Police are not targeting all motorists. They are only targeting motorcyclists and their own records make it clear that their stated purpose of promoting public safety is contrived. The average motorcyclist knows when they get on their bikes how loud the bikes are and how much of their heads are covered by their helmets. The Police are well aware the major cause of motorcycle deaths is from speeding and failure of other motorists to observe motorcycles and the checkpoints fail to address either cause. The safety pamphlets which the Police hand out at the stops could just as easily be handed out at the rallies to which the motorcyclists are traveling and certainly do not justify forcing every motorcycle to leave the roadway and be inspected by the Police. Internal memorandum which Police have been forced to disclose as result of our lawsuit indicate that members of the NYS gang unit are assigned to work the check points and we think the Court will agree that the stops are designed primarily for law enforcement purposes as opposed to public safety purposes. Rather than promoting any legitimate public safety concern, the checkpoints are intended to harass and intimidate motorcyclists attempting to attend motorcycle events thereby depriving them of their First Amendment right to freedom of assembly as well as their Fourth, Fifth and Fourteenth Amendment rights to due process, equal protection and freedom from unreasonable searches and seizures. Many motorcyclists ask us how they can get involved. Please report any Police discriminatory action to my firm, Proner and Proner, or the National Coalition of Motorcyclists. Many times we get the calls when someone gets six traffic citations and the motorcyclist probably was doing something wrong and knows it. We don t do traffic tickets. We handle personal injury lawsuits and are challenging the New York State Police s attack on the rights of ALL Motorcyclists as we are also members of the riding community. If you see an attack on the rights of all Motorcyclists or if you have had an accident involving personal injuries please call us any time and we will do our best to help you. Thank you for your continued support and Ride Free, Ride Safe,

15 ABATE of North Idaho EAGLE July-August 2010 ABATE of North Idaho Membership Application I wish to Join: O New Idaho State Membership... $20.00 O State Renewal...$15.00 Must be a State member to join a Chapter, below: Kootenai Chapter, Coeur d Alene....$5.00 Hoodoo Chapter, Spirit Lake. $5.00 St Joe Chapter, St. Maries.....$5.00 at M e r G enu...awesome Fo Linger Longer Lounge Down town Spirit Lake 6262 N. Maine Spirit Lake Clearwater Chapter, Orofino.$5.00 Hells Canyon Chapter, Lewiston..$5.00 TOTAL: $ Name: Address: Biker! iendly PLEASE READ: In consideration of acceptance of this application, I hereby agree to waive any and all claims against the American Bikers Aiming Toward Education of North Idaho, State Officers, State Committee Members, and general members for discrimination, possible loss or damage which may occur to any person or thing as a result of ABATE activities. Furthermore, I understand and agree to be fully responsible for the actions of myself, my children, and my guests which I bring to any ABATE activity. I further agree not to hold anyone responsible for the actions whatsoever, on whose land ABATE may be holding activities. Signature: Date: Fr State ZIP od Open Jam Every Sunday 4 8 pm Special Occasion Live Music Ka Every T raoke hursda 8pm - M y & Friday idnight & Saturda y 9pm 1am 15 MRF News Release - Motorcycle Fatalities Decrease The Governors Highway Safety Association (GHSA) released a report today on motorcycle fatalities. The report claims that motorcycle fatalities are down 16 percent for the first 3 quarters of 2009 and about 10 percent for the year. This is the first significant decrease in over a decade. The decrease in fatalities is not a function of people riding less. Vehicle miles traveled for motorcycles is down one to two percent (the number varies regionally). Miles traveled have also increased in some areas where people are swapping gas guzzler cars for small, efficient motorcycles in order to stretch their pennies as far as possible. After all, motorcycles are the single most affordable form of private transportation available to Americans. In fact, the only addition to motorcycle safety on a national level is the motorcycle safety grant program signed into law in The program, the brain child of the Motorcycle Riders Foundation (MRF), sends federal highway dollars back to the States earmarked for rider education programs and motorcycle awareness campaigns. It is of course the good work done on a state by state basis, largely by motorcyclists, that ultimately deserves credit for this reduction in loss of life. With the increasing numbers of new and returning riders, and concern over single vehicle motorcycle crashes, rider education and training is the only proactive measure that can truly assist motorcyclists in preventing crashes. Studies have indicated that more than 90% of accident involved riders were without formal training. The next question is - how do you maintain the reduction? Helmet law proponents will use this as a stepping stone to put a mandatory helmet law in place. They will point to the law as the logical next step, which it is not. We were able to achieve this reduction without a national helmet law and we can continue the trend without it. Keeping the numbers down will only be possible through quality rider education and motorist/motorcycle awareness campaigns. And of course continue the MRF s position; focus on crash avoidance and not simply safer crashing and we will save lives. Read the full report here: /index.html

16 A.B.A.T.E. of North Idaho, Inc. P.O. Box 2989 CDA, Idaho

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