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| AMA Rights - News & Notes - June 2007 |
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US Senator Susan Collins (R-ME)
and U.S. Senator Russ Feingold (D-WI) recently introduced S. 616, "The
HIPAA Recreational Injury Technical Correction Act." Identical legislation
passed the full Senate in the 109th Congress and obtained 177 bipartisan
cosponsors in the House. S. 616 aims at ending health care discrimination for individuals participating in legal transportation and recreational activities-activities like motorcycling, snowmobiling, skiing, horseback riding, and all-terrain vehicle riding. This legislation addresses a loophole caused by a Department of Health and Human Services' rule making it possible for health care benefits to be denied to those who are injured while participating in these activities. On August 21, 1996 an important opportunity arose when President Clinton signed the Health Insurance Portability and Accountability Act (HIPAA), prohibiting employers from denying health care coverage based on a worker's pre-existing medical conditions or participation in legal activities, such as motorcycling. In 2001, the Department of Health and Human Services released the final rules that would govern the HIPAA law. The rules recognize that employers cannot refuse health care coverage to an employee on the basis of their participation in a recognized legal activity. However, the benefits can be denied for injuries sustained in connection with those activities. Therefore, you were guaranteed the right to health care coverage but not guaranteed any benefits in return for your monthly payments. The AMA is urging all motorcyclists to notify their Senators and tell them to co-sponsor and support S. 616, "The HIPAA Recreational Injury Technical Correction Act." Tennessee Senate Bill 1511 has passed the Tennessee Senate. SB 1511 would further modify the states helmet laws for adults. Senator Tim Burchett has once again championed "Freedom of Choice" for Tennessee motorcyclists. The bill now goes to a House Transportation subcommittee for a hearing. A Pennsylvania lawmaker has
introduced a bill to make helmets mandatory for motorcycle riders again.
Since 2003, helmet use has been optional for those who are at least 21 and
have been licensed to ride for two years or who have finished a
state-approved safety course. State Rep. Dan Frankel of Allegheny County said there are too many deaths and injuries because of the no helmet option and said the associated medial costs are driving up costs to the public. The first United Nations World
Youth Assembly for Road Safety was held in Geneva, Switzerland, in April
2007, with the aim of engaging young people in the issue of road safety.
The Motorcycle Industry Council (MIC) was asked to provide information on
the benefits of helmet use, and, in consultation with the Motorcycle
Safety Foundation, produced a video for the Assembly.
The Assembly was a key event in the First United
Nations Global Road Safety Week (April 23-29), which was jointly organized
by the World Health Organization and the United Nations Regional
Commissions. Young people from more than 100 countries attended the
Assembly; 400 signed a Youth Declaration for Road Safety, in which they
committed to taking practical measures to improve road safety and calling
on other young people to do the same. The MIC
video, called "Helmets: Get Your Head Into It," was presented during the
conference. It highlighted a number of benefits of helmet use, focusing
primarily on rider protection and comfort; showed how to properly fit a
motorcycle helmet; discussed key safety and comfort features; and
encouraged riders to wear full protective gear. In addition to wearing all
the gear, all the time, including a quality helmet, the video recommends
that riders get trained and licensed, ride unimpaired, ride within their
own skill limits and become lifelong learners by taking refresher courses.
The video is available for download at www.mic.org and has also been
posted on YouTube and Break.com. MIC is located in Irvine, California, is a not-for-profit, national trade association representing manufacturers and distributors of motorcycles, scooters, motorcycle/ATV parts and accessories and members of allied trades. Montana motorcycles and ATVs must now be equipped with spark arresters and mufflers that don't exceed 96db(A), as measured by SAE J1287 to be operated on public lands. The new requirements were introduced by Rep. Bill Thomas (D-Great Falls) and were signed into law by Gov. Brian Schweitzer (D) in April. Pennsylvania Senate bill 497, introduced by Sen. Robert D. Robbins (R-Greenville), seeks to expand liability protection for land owners who open their land to recreation. The bill would clarify that existing protections do extend to "motorized recreational vehicle riding" and would allow land owners to recoup legal fees resulting from certain types of legal action. The text of the bill is available on the "Rapid Response" page of www.AMADirectLink.com. Oklahoma ATV legislation
requiring limited helmet mandates awaits the signature of Governor Brad
Henry. Authored by Rep. Bill Nations, D-Norman, the
bill (HB 1686) would require that children under the age of 18 wear a
helmet while riding an all-terrain vehicle on public lands. The bill would
not affect ATV use on private land or for agricultural purposes.
The measure was originally approved by votes of 82-16 in the House and 38-9 in the Senate. It received a final 80-19 vote of approval in the House and was sent to the governor to be signed into law or vetoed.
Senate Bill 158,
introduced by Senator Joy Padgett (R-Coshocton) and House Bill 207,
introduced by Representative Jon Peterson (R-Delaware), propose enhanced
penalties for those convicted of or pleading guilty to a right-of-way, an
assured clear distance ahead (rear-end collision), or a marked lane
(sideswipe) violation that results in serious injury or death to another
roadway user. A portion of the fines collected would be designated for use
by the Ohio Department of Public Safety (ODPS) for highway awareness
programs. Visit the AMA Rapid Response Center at www.AMADirectlink.com to learn how you can get involved in supporting SB-158 and HB-207. Tennessee House Bill 1335,
sponsored by Representative Rob Briley (D-Nashville), and Senate Bill 794,
sponsored by Senator Tim Burchett (R-Knoxville), would provide for
increased fines and suspension of license/permit/driving privileges for
anyone convicted of a right-of-way violation involving serious injury or
death. SB-794 has been scheduled for a floor vote in the
Senate. Volunteer State riders are encouraged to call, write, or visit your representative and senator to let them know how you feel about increasing penalties for those offenses who injure or kill other roadway users in Tennessee. Or use the "TAKE ACTION" feature on www.AMADirectlink.com to compose and send an electronic message or hardcopy printout of your support for HB-1335 and SB-794. New Jersey Assembly Bill 3701,
introduced by Assemblywoman Alison Littell McHose (R-Sparta), would
establish a Lane Splitting Task Force to focus on the policy of allowing
motorcycles to ride between lanes of motor vehicle traffic during times of
congestion, and to examine the advantages and drawbacks of instituting
such an initiative in the Garden State. The task force would consist of
five members, including representatives from the Motorcycle Safety
Foundation, Rider Education of New Jersey, Commissioner of Transportation,
Motor Vehicle Commission, and State Police. In
conducting its inquiry, the task force would be charged with studying lane
splitting initiatives which have been adopted or considered in other
states and countries and determining their effect on road congestion and
traffic safety. The task force would compare these various initiatives and
establish an opinion on which components would provide the most benefit
with the safest implementation, if lane splitting were adopted.
The bill requires the task force to report its progress to the Governor and Legislature annually, and to issue a final proposal within three years. Washington's SB 5544, which if adopted as written would have all but eliminated motorcycle and ATV use on most public and private properties throughout the state has failed to pass the senate due to a lack of support. The latest version included some reasonable modifications, including a proposed limitation on pipe dB's of 96 using the SAE J-1287 test procedure, something supported by the AMA, but kept the "clearly audible" standard in place, along with a cost recovery provision for lawsuits, something that cannot allowed to stand. The legislature has heard from the voters and refused to adopt this bill. Michigan House bill 4323,
sponsored by Rep. Joel Sheltrown (D-West Branch), would allow County
Boards of the northern counties (defined as those north of the south line
of township12 north) to adopt ordinances authorizing the operation of
off-road vehicles (ORV) on the right-of-way of public streets and roads
within the county. The bill was co-sponsored by all 14 northern Michigan
representatives. Three dozen other legislators from southern Michigan also
signed on to the bill as co-sponsors. HB 4323 is before the Senate Committee on Natural Resources and Environmental Affairs. The Michigan Motorized Recreation Council (MMRC) has indicated its support for HB 4323. A summary of the bill, provided by the MMRC, is available on the "Rapid Response" section of www.AMADirectLink.com. TreadLightly! has created a new
print public service announcement (PSA) campaign to appeal to a broader
scope of motorized vehicle riders. Through several surveys, they
determined that one of the main reasons people ride off of trails is
because they believe their ride will be "more challenging/more fun". The
objective of the new campaign, titled "Ride Hard, Tread Lightly", is to
help change the misperception that a responsible ride is a boring ride.
The messages focus on staying on designated trails,
using maps, and avoiding the spread of invasive species. The PSA's can
be printed into posters for trailheads, included in brochures and maps,
etc.... To request a free disk of high-resolution files, simply send an e-mail to They can also be viewed and downloaded at www.treadlightly.org. Europe's Motor Cycle Industry
Association (MCI) has called for the Transport Select Committee's (TSC)
Report into the Government's Motorcycling Strategy to be treated with
caution. The MCI welcomes the fact that the
Committee has recognized the broad opportunities that exist for
motorcycling as a transport mode and that the TSC supports the targets in
the Government's Motorcycle Strategy, which was published in February
2005. The MCI also welcomes the recommendation that Government should
continue to work closely with the industry as the Strategy is implemented.
The Committee also commented favorably in other areas. The TSC regards
rider training as more robust than car driver training but is concerned
that DSA must provide adequate testing and training opportunities beyond
2008. The TSC also supported a more permissive
attitude to allowing motorcycles in bus lanes and has called for
government to include motorcycling in schools education - two policy areas
strongly supported by MCI. On the matter of an off-road registration
scheme the committee on one hand recognized that most agencies, including
the police, do not believe it would work and does not support
implementation if cost and administrative burden would be prohibitive. The
TSC came down on the side of off road registration given the arguments
presented in the Report. The Committee ignored
evidence that shows that the absolute speed and power of motorcycles is
not usually a direct factor in motorcycle accidents. Over 60% of accidents
are caused by other road users and motorcycle-only accidents are often due
to rider skills and experience deficiencies, rather than excesses of speed
and power. The chance of being killed on a motorcycle are also very low -
approximately one death to every 10 million kilometers
ridden. AMA
Government Relations News & Notes is a monthly service compiled
and edited by the AMA |



