Biker Republic: BIKERnews Message 20 October 2007

Date: October 20th 2007

Biker Republics, E-news for bikers
Home to The Extreme Activists of the Biker Rights Movement!

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Contents:
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1. Evaluation of State Motorcycle Safety Programs
2. Florida legislation- offenses committed while operating a motorcycle
3. Motorcycle checks net over 100 tickets
4. MC check point rules ?
5. ITS and Privacy: Developing New Rules for Virtual Roads
6. M/C Escort--USS Oklahoma Memorial
7. Richard Quigley Memorial T-Shirts
8. Great story on Quig! and history of CA helmet law :*)
9. RNS -Prototyping Roadway Engineering Improvements to Reduce Motorcycle Crashes
10. When The Gate Slams Shut....think about it!!!
11. HERO AND DORK of the week
12. Show your support for the fight.
http://www.bikerrepublic.org

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1. Evaluation of State Motorcycle Safety Programs
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www.aamva.org/Publications/TWiR/2007/Month10/Day15/default.htm#top

AAMVA "The Week in Review" - Oct. 15, 2007

Evaluation of State Motorcycle Safety Programs

The National Highway Traffic Safety Administration (NHTSA) recently
announced plans to conduct a survey of State Motorcycle Safety
Administrators and/or State Highway Safety Offices in all 50 States and
the District of Columbia to gather data on state-level motorcycle safety
programs. This survey will consist of a questionnaire in mail (paper and
pencil) format, which will allow a telephone follow-up for further
details as necessary. The study will use the State Motorcycle Safety
Administrator and State Highway Safety Office survey to gather
comprehensive data on what each of the 50 States and the District of
Columbia are doing to promote and ensure safe riding behavior. The
Information Collection Request (ICR) has been forwarded to the Office of
Management and Budget (OMB) for review and comment.


Watch this one also.
Jim


Dangerous Profits: Rider Education Goes to The Movies


http://www.youtube.com/watch?v=obFkYiJ16Bw&NR=1





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2. Florida legislation- offenses committed while operating a motorcycle
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http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=37239
HB 137 - Offenses Committed While Operating a Motorcycle

GENERAL BILL by Lopez-Cantera
Offenses Committed While Operating a Motorcycle: Provides additional penalties for certain offenses committed by person operating or in actual physical control of motorcycle; requires person be taken into custody; provides for seizure & forfeiture of motorcycle; provides for revocation of person's privilege to operate a motorcycle.
Effective Date: October 1, 2008.

Last Event: Now in Committee on Infrastructure on Friday, October 12, 2007 2:04 PM

Referred Committees and Committee Actions: - Committee on Infrastructure
- Economic Expansion & Infrastructure Council

Related Bills:
(no related bills on record)

Bill Text:
Original Filed Version

Staff Analysis:
(None Available)

Vote History:
(no votes recorded)

Bill History:
Event Time Member Committee
Now in Committee on Infrastructure Friday, October 12, 2007 2:04 PM Committee on Infrastructure
Referred to Committee on Infrastructure by Economic Expansion & Infrastructure Council Friday, October 12, 2007 2:04 PM Committee on Infrastructure
Now in Economic Expansion & Infrastructure Council Wednesday, October 10, 2007 8:51 AM Economic Expansion & Infrastructure Council
Referred to Economic Expansion & Infrastructure Council Wednesday, October 10, 2007 8:51 AM Economic Expansion & Infrastructure Council
Filed Friday, September 21, 2007 11:41 AM Lopez-Cantera

Statutes Referenced by this Bill
316.1926


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3. Motorcycle checks net over 100 tickets
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http://www.midhudsonnews.com/News/Mtrcyc_check-11Oct07.html


East Fishkill -- Some 280 motorcyclists were stopped during a motorcycle safety checkpoint Sunday, October 7 on Interstate 84 at a rest area near East Fishkill by the New York State Police, in conjunction with local police and the state Department of Motor Vehicles Field Investigations Unit. A total of 104 summons were issued for safety and equipment violations, with the most common being unapproved helmets.

The safety checkpoint was conducted at the eastbound rest area on Interstate 84 in the Town of East Fishkill, approximately two miles east of the Taconic State Parkway. The purpose of the checkpoint, which ran from 10 a.m. to 2 p.m., was to increase motorcycle safety by insuring compliance with applicable Vehicle & Traffic Laws.

Motorcycle fatalities have doubled in the last 10 years, during which time passenger vehicle fatalities have decreased. In New York State, motorcycle fatalities increased 30 percent from 2005 - 2006. As a percentage of all traffic fatalities, motorcycle fatalities now account for 10 percent, up from 5 percent in 1997. Approximately one-quarter of all fatally injured motorcycle drivers were unlicensed in 2005 and an alarming 61 percent of motorcycle operators who died in single-vehicle crashes had blood alcohol concentrations of .08 percent or more.

At the checkpoint, which was modeled after a commercial vehicle checkpoint, motorcyclists were directed into the rest area where state and local police and DMV investigators conducted inspections for proper licenses, safety helmets, exhaust systems and other safety and regulatory violations. Also participating in the operation were the Dutchess County Sheriff’s Office, the Town of Kent and Town of East Fishkill Police departments.

The State Police also conducted an aerial speed enforcement operation nearby, which in addition to identifying speeding vehicles, was positioned in order to assist ground patrols in the event that a motorcyclists attempted to evade the inspection area. Although no motorcyclists intentionally attempted to avoid the checkpoint, 18 cyclists failed to observe the signs directing them to enter the rest area. All 18 motorcycles were stopped by a trooper operating a Camaro patrol car and escorted back to the checkpoint.





New York Freedom Riders Position On Motorcycle Only Checkpoints

On October 9, 2007, a motorcycle safety checkpoint was conducted in the Town

of East Fishkill, New York. Collaborating in the checkpoints were the New

York State Police, Dutchess County Sheriff's Office, the Town of Kent and Town of East Fishkill Police Departments, and NYS Department of Motor Vehicles Field Investigations Unit. State Police were also in position to assist in escorting motorcyclists back to the checkpoint if they failed to enter the designated area. The checkpoint was modeled similar to a commercial vehicle checkpoint and the Officers and DMV investigators conducted inspections for proper licenses, safety helmets, exhaust systems and other safety and regulatory violations. The purpose of the checkpoint was to increase motorcycle safety by insuring compliance with applicable Vehicle & Traffic Laws.

Enforcement data that resulted from this operation includes:

· Number of motorcycles through the checkpoint - 280

· Number of motorcycles inspected - 225

· Number of tickets issued at motorcycle inspection site - 64

Of the 64 tickets issued to motorcyclists at the inspection site, 41 were for unapproved helmets, 7 for illegal exhaust systems, 3 for unlicensed operation and 13 other various violations.

In addition to the traffic violations noted above, the DMV investigators identified three custom motorcycles that had non-conforming Vehicle Identification Numbers. The operators of these motorcycles will be required to appear at a DMV Field Office with their motorcycles for a more comprehensive investigation.

The New York Freedom Riders do not condone this type of program to improve motorcycle safety. We feel it is unconstitutional to stop anyone at checkpoints, including motorcyclists, for no reason other than to issue tickets. This particular checkpoint gave the police an opportunity to target a specific mode of transportation which is discrimination and not about motorcycle safety.

As always, The New York Freedom Riders promote motorcycle education and informing motorists to watch for motorcycles as a solution to the fatalities and injuries in New York State.

If you are interested in fighting this unlawful activity, please contact the New York Freedom Riders by email: nyfreedomriders@localnet.com .

For updates, visit our website: www.newyorkfreedomriders.com

Results from State Police Motorcycle Safety Checkpoint:

http://www.troopers.state.ny.us/Public_Information/2007_News_Releases/10-11-07_Results_from_State_Police_Motorcycle_Safety_Checkpoint.cfm




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4. MC check point rules ?
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This link gets you to similar tactics and some precedents are set that may help shed lite on the
MC check point rules ?

http://vesuvio.physics.lsa.umich.edu/acp/docs/html-USAToday/USA%20TODAY%20Archives%20Search.html




http://www.flexyourrights.org/2005_11_29_drug_checkpoint_ahead


Road Block Registry: www.roadblock.org

Introduction

This unique site, dedicated to the subject (and elimination) of
roadblocks on public streets, roads and highways, is sponsored by the
National Motorists Association, North America's most outspoken defender
of drivers' rights (www.motorists.org). Our position on roadblocks is
not complicated.

>From website:
Federal cases: www.roadblock.org/federal/casefed.htm
New York court cases: www.roadblock.org/statecases/nycase.htm
The politics of roadblocks: www.roadblock.org/politics.htm
New York Roadblocks: www.roadblock.org/roadblocks/ny.htm

for info about NYFR, email to: nyfreedomriders@localnet.com

New York Freedom Riders
Riders Against Constitutional Erosion
Freedom Is NOT A Spectator Sport - Your Participation Is Required
Join the R.A.C.E. for Freedom

New York Freedom Riders
P.O. Box 92151
Rochester, NY 14692

www.newyorkfreedomriders.com







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5. ITS and Privacy: Developing New Rules for Virtual Roads
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http://rip.trb.org/browse/dproject.asp?n=14780

ITS and Privacy: Developing New Rules for Virtual Roads
http://www.its.umn.edu/Research/ProjectDetail.html?id=2008010
Record Type: UTC

This project will explore federal and state privacy laws as they apply
to modern technology and transportation systems. The research will
investigate the legal status with regard to privacy laws of various
intelligent transportation system (ITS) technologies, particularly
traffic management and in-vehicle applications. It will address privacy
with respect to both government entities such as law enforcement and
private entities such as insurance companies. The research should help
ITS developers and providers construct and deploy ITS technologies that
avoid or survive legal challenges and that comply with public
expectations of privacy. It may also help legal professionals and public
policymakers update privacy law to take into account the development of
ITS.

Start date: 2007/7/1
End date: 2008/12/31
Status: Active
Contract/Grant Number: CTS2008010
Total Dollars: 62135
Source Organization: University of Minnesota, Minneapolis
Date Added: 10/10/2007
Index Terms: Intelligent transportation systems, Virtual reality,
Technological innovations, Privacy, Modernization, Policy making,
Traffic control centers, Research projects,

Sponsor Organization
University of Minnesota
http://www.its.umn.edu/
Intelligent Transportation Systems Institute
USA
Phone: (612) 626-1077
Fax: (612) 625-6381

Project Manager
Preisen, Linda
Phone: (612) 626-1808
Fax: (612) 625-6381
Email: LPreisen@cts.umn.edu


Performing Organization
University of Minnesota
http://www.its.umn.edu/
Intelligent Transportation Systems Institute
USA
Phone: (612) 626-1077
Fax: (612) 625-6381

Principal Investigator
Douma, Frank
Phone: (612) 626-9946
Email: douma002@tc.umn.edu

Subjects
Data and Information Technology
Policy and Legal Issues
Security
Highways




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6. M/C Escort--USS Oklahoma Memorial
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Hello, Brothers and Sisters--

I hope this finds all of you doing well, and enjoying a nice Fall Weekend in the Sooner State and elsewhere. I just got back from chairing the ABATE State Board Meeting, which began with a presentation by State Senator Jim Reynolds (R-Oklahoma City) regarding something that should be dear to the heart of every Oklahoman and Freedom-loving American. For those not aware, the USS Oklahoma is the only capital ship sunk at Pearl Harbor on December 7, 1941, which does not have a memorial erected to her honor in Hawaii. However, that is about to change. It took six long years for Pearl Harbor Survivors and their families, working with State Sen. Reynolds, US Senator Jim Inhofe and US Rep. Tom Cole to get approval for a memorial. Now, a beautiful memorial has been authorized to be built on Ford Island (not far from where the USS Oklahoma was sunk, right next to where the battleship USS Missouri stands guard proudly today). This is designed to pay tribute to the memory of the 42
9 sailors and Marines who perished on her--a death toll secondary only to that of the USS Arizona. This memorial in Pearl Harbor will be dedicated on December 7, 2007--Pearl Harbor Day in Oklahoma's Centennial Year!

On Thurs, Oct. 18 at 11:00AM, there'll be an official kick-off of the journey to transport the components of the USS Oklahoma Memorial to Pearl Harbor HI, and Oklahoma's Motorcycling Community has been invited to take part. The big-rigs will be assembling on the South Side of the State House, and governmental and civic leaders as well as Pearl Harbor Survivors and other Veterans' Organizations will be taking part. The truck formation will be escorted by the Oklahoma Highway Patrol, and will proceed on I-40 all the way across the country to the Pacific, where the Memorial will be loaded for transport to Pearl Harbor. As many members of our Motorcycling Community that can attend have been invited to take part in the ceremony and in escorting the group down the Interstate. This has just been firmed up over the past couple of days, and State Sen. Reynolds spoke to us about it at this morning's ABATE Board Meeting.

So, I'm getting the word out to encourage as many Motorcyclists and Trikers as can to rally at the State Capitol's South Entrance to see the caravan of trucks off, and escort them as far down I-40 as those riders want to go. This event will be covered by a number of media outlets, as it's a tribute long overdue, and dovetails nicely with the State's 100th Anniversary. It's a tremendous opportunity for Motorcyclists to express solidarity with our Armed Forces members who have made the Supreme Sacrifice on that "Day which will live in Infamy". The ceremony shouldn't take much longer than an hour, so please attend if possible, if only for a short while. Take some time out of your busy schedule to remember those who gave their all for your Liberty. Thanks for listening, have a great weekend, and stay safe out there--I very much look forward to seeing a good turnout of our riders at this important event. Please tell all your friends!

Yours in Freedom,
Tiger Mike Revere
Captain, USAF (Retired)
State Coordinator,
ABATE of Oklahoma, Inc.
405-672-1008 (H/FAX)
405-596-1072 (Cell)
FREEDOM IS NOT FREE


I watched the flag pass by one day.
It fluttered in the breeze
A young soldier saluted it, and then
He stood at ease.
I looked at him in uniform
So young, so tall, so proud
With hair cut square and eyes alert
He'd stand out in any crowd.
I thought how many men like him
Had fallen through the years.
How many died on foreign soil?
How many mothers' tears?
How many Pilots' planes shot down?
How many foxholes were soldiers' graves?
No Freedom is not free
I heard the sound of taps one night,
When everything was still.
I listened to the bugler play
And felt a sudden chill.
I wondered just how many times
That taps had meant "Amen"
When a flag had draped a coffin of a brother or a friend.
I thought of all the children,
Of the mothers and the wives,
Of fathers, sons and husbands
With interrupted lives.
I thought about a graveyard At the bottom of the sea
Of unmarked graves in Arlington.
No, Freedom isn't free!

--Kelly Strong, 1981


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7. Richard Quigley Memorial T-Shirts
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Just found out a few days ago there will not be another set of t-shirts produced.
The official Richard "T.F." Quigley Memorial shirts that are stillleft, are the last remaining shirts that will be available. I have
the only remaining shirts that I know exist.

There are Small, Large and X-Large available.
Go to:
http://www.strawberryfields4evr.com/JudicialQandA.html
for the easy way to order L or XL, and email or phone for ordering
Small.

Don't wait 'til there aren't any for sale to make up your mind.
One sold a couple days ago right off the back of the girl wearing
it.
That puts a picture into your mind.

Yes, she was wearing more than 1 shirt.


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8. Great story on Quig! and history of CA helmet law :*)
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http://www.cityonahillpress.com/article.php?id=757

Beyond Repair How a motley group of biker activists dedicated their lives to fighting the mandatory motorcycle helmet law By Allen Young Nine miles outside of Boulder Creek, California, Big Basin State Park is a somewhat hidden campground and day-hiking area with giant redwoods and green ferns running along the hedges of California Highway 236, the single road that runs through the park.

On Aug 28, 2005, at 4:30p.m., Park Ranger Gary Brennan was talking to another ranger outside park headquarters when a skinny man with a long salt-and-pepper beard roared up to the main parking lot and cut the engine of his Harley Davidson. The rider was not wearing a helmet.

Brennan approached the man and identified himself as a state park officer. He asked the gaunt biker if he had a justifiable reason for neglecting to strap on the mandatory headgear. To Brennan’s surprise, the cyclist did. In fact, he had an entire philosophy, and proceeded to deliver a well-rehearsed spiel on the intrinsic corruption of the California mandatory motorcycle helmet law. After a lengthy discussion, Brennan remained unconvinced, and wrote the man a ticket for helmet violation on a state highway.

July 6, 2006, nearly a year since their encounter, Richard Quigley, the 63-year old biker, sat quietly at the defendant’s table of the Watsonville Superior Court, staring at Brennan and preparing a cross-examination to the peace officer’s testimony. Judge Michael Barton invited Brennan up to the stand to explain why he felt justified in writing Mr. Quigley a ticket. There was, of course, the California motorcycle helmet law, which had been in effect for 14 years. But nine days before Brennan’s testimony, Judge Barton had thrown out nine of Quigley’s 11 pending helmet tickets, calling them “unconstitutional”, “unenforceable”, and thereby void. In the order, Barton wrote “The CHP is the only State agency authorized by the statutes to adopt reasonable regulations establishing specifications and standards for motorcycle safety helmets.” Over numerous court appearances and countless documents, Richard Quigley had successfully convinced Judge Barton that the CHP had no transparent
guidelines on what makes a helmet a helmet. There was a scientific standard, but police officers don’t receive training on how to indisputably follow that standard. Therefore, a “legal motorcycle helmet” could be anything from a full-faced carbon headgear safety device to, say, a plastic bucket, or a yarmulke.

Richard Quigley liked to wear a yarmulke. Not a real yarmulke, but a small plastic yarmulkesque disk with a chinstrap. Sometimes Quigley wore an old faded baseball cap as his helmet. And sometimes, like the day he was cited by officer Brennan, he wore nothing at all.

But Barton’s July 6 condemning order didn’t rock the California motorcycle helmet law, it didn’t rock helmet legislation, and it didn’t rock the CHP. In fact, it didn’t really rock anything. Two days later, the Santa Cruz Sentinel ran a front-page story with the headline CHP: Riders without helmets will get tickets. It was business as usual for the Highway Patrol, representatives said they would continue to ticket bareheaded riders in the same manner they had been for years.

This is why Brennan’s testimony to Quigley’s tenth ticket was so critical.

Would the CHP arrive with new evidence to back up Brennan’s decision? Quigley’s 14-year battle against the California mandatory motorcycle helmet law looked to be all but over. The opposition had all the evidence they needed; now it was time to see who would win the war. Would an outlaw motorcyclist backed by a traffic appeals judge in the small coastal town of Watsonville, California, overturn a major California law? This question, this obsession, may have been the force keeping the dying biker alive (For a comprehensive story on the life of Richard Quigley, check out the 2007 edition of Primer, CHP vol. 42, Issue 1, available now).

Richard Quigley’s mind circled around this strange game. And the game “ one he had dedicated the remainder of his life to playing" looked to be coming to a close. And just in time. Staring at Brennan, Quigley made no effort to hide the large gauze bandage wrapped across the left side of his head. Beneath the bandage was a tumor the size of a silver dollar. For two weeks Quigley had tried to get into the hospital to have the red lump removed before the trial, but to no avail.

In August 2005, doctors diagnosed Richard Quigley with stage-four terminal lymphoma. They gave him five months to live. For a year he had grappled with the growing cancer, ignored his degenerating health, converted the pain into anger, and channeled his anger into fighting the helmet law. He admitted that his fixation with the fight had given his life new meaning, and even with the cancer now bubbled-up on the side of his face, he was not about to let everything fall apart.

“Okay.” It was finally Quigley’s turn to speak. His normal jagged voice sounded especially scraggly, like an old trustworthy engine being fired up for the first time in months.

“I asked for a copy of Parks Department policy relating to enforcement of vehicle section 27803B.” “We have none,” Brennan said.

“You have no specific policy for that statute?” Quigley asked.

“We have no specific policy for enforcing helmet rules,” Brennan admitted.

Gary Brennan remained frozen, staring at a single point somewhere in the courtroom. Perhaps on that fateful day at Big Basin Park, Brennan had not been aware that the bareheaded biker who had fervently argued for the freedom to let his long gray hair flap in the wind happened to be the most resilient fighter of the California helmet law in its 15-year history. That day, Judge Barton signed off Quigley’s last pending helmet ticket at Big Basin Park as a correctable violation. That order came out over a year ago; the CHP has yet to appeal the decision, yet across the state they still continue to write motorcyclists tickets for helmet violations.

In 1967, Congress passed a law making highway funds contingent on the enactment of motorcycle helmet laws. For almost a decade, California was the lone rebel state that refused to pass a law. In 1976, after Congress repealed the legislation, 27 states repealed their helmet laws or limited coverage to minors.

The country was split on helmet enforcement.

In December 1991, Congress took notice of DMV-reported motorcycle-related deaths. California had 512 that year. Once again, federal highway funds became attached to helmet laws, and select states began to reinstate their laws. Later that year, Democrat Assemblyman Richard Floyd of Southeast Los Angeles delivered an impassioned plea to Congress to pass a helmet law, claiming that head-injured motorcyclists were causing California taxpayers $65 to $100 million per year. His argument mopped the senate floor. In January 1992, then-Governor Pete Wilson signed Floyd’s bill, enacting the first California helmet law. Shortly thereafter, an investigation by state traffic safety agencies placed the actual annual taxpayer figure at $1.5 million. The San Jose Mercury News examined the mishap in an article titled Helmet bill rode bad data to win.

“Who gives a fuck?” Floyd asked a Mercury reporter, later confessing that he improvised his numbers in order to get his bill signed.

“Bottom line is, I don’t give a rat’s ass about any of the figures,” said Floyd to Channel 7 Los Angeles Eyewitness News. “It is the law of the state of California. Wear the hat, or go to jail.” Floyd spoke with confidence, he had already sealed his victory—bareheaded riders had already begun receiving tickets. Any discrepancies at that point were left in the dust.

The California death toll in 1992 dropped from 512 to 327, and so did motorcycle registration, by 8.6 percent. Two years later the figures were 291 and 9 percent, respectively. In 1996 the National Highway and Traffic Association announced that motorcyclists who wore helmets were 9 percent less likely to be injured and 35 percent less likely to be killed, noting to Congress, “Helmets cannot protect the rider from most types of injuries.” That same year, a UC Davis study found that nearly 75 percent of those injured in a motorcycle accident carry no personal health insurance.

Tracking the effectiveness of the California mandatory helmet law is not an easy exercise—fluctuating variables such as percentage of miles traveled by motorcyclists, biker injuries, and number of helmet violation tickets written per year make definitive research cumbersome and debatable. But whether attributed to general knowledge or broad superstition, the common belief in most states is that mandatory helmet laws save lives.

But that’s never stopped determined bareheaded cyclists. Retaliation erupted the moment the California law was passed. Tribes of renegade bikers opting for zero cranial protection banded together. With the advent of the Internet, organizations were formed—Riders for Justice, Helmet Law Defense League (HLDL), and Bikers of a Lesser Tolerance (BOLT). A reformed “suit-and-tie sales stiff,” Richard Quigley of Aptos, Ca. rode into the fight and became California chapter director of BOLT. These furiously stubborn groups, however, still made up the minority of riders.

The anti-helmet crusaders attached themselves to arguing against the vague law. The ambiguity lies in the definition of what constitutes an appropriate helmet. Helmets in California must bear a certification of compliance, a “DOT approved” label, on the back. It is up to the manufacturer to establish that its helmet complies with Federal Motor Vehicle Safety Standard (FMVSS) 218, the national requirement test that includes dropping a metal sphere on the helmet.

The Bell bicycle and motorcycle helmet laboratory in Santa Cruz, California, resembles a high-end gym one might find in a country club: a large room myriad weight and rail machines. The FMVSS 218 test “ a guided rail system that drops a weighted spear onto the helmet“ could be the oldest piece of equipment in that gym. The laboratory technicians keep 218 on the far wall, and use it on every helmet they make, but only as their most rudimentary test.

“We feel absolutely competent in going above and beyond standard 218,” said Brian Sidwell, test lab manager. “There are some nuances [within standard 218] that would improve the quality. There’re flaws in its overall geometry.”

Fifteen different Bell helmet-testing labs string from Santa Cruz to China, making Bell the largest helmet-testing company in the world. Bell’s helmets also meet the SNELL requirement, a slightly more rigorous test that certain states, California excluded, require for their helmet law. The company holds its helmets to such a high standard in part because the popularity of their models make them a top pick to be tested for compliance by the National Highway and Traffic Association (NHTSA).

Rae Tyson is a public spokesman for the NHTSA. “We spot-check in the marketplace,” he said, “but it is up to the manufacturer to verify that the helmet does in fact meet the standard. We do an extensive amount of compliance testing where we go out and buy helmets and test them ourselves.”

Each year the NHTSA selects five helmets of a specific model, forty helmets altogether, and tests them to ensure that they pass FMVSS 218. According to its website, if NHTSA concludes that a helmet does not pass 218, the manufacturer is told it must recall the specific model or face a penalty of $5000 for each violation.

There is currently no public list available for recalled helmets. Kate Wells, a civil rights attorney who is Quigley’s friend and legal advisor, is skeptical of whether or not the majority of helmet manufacturers are testing their helmets. “Any manufacturer can slap a DOT sticker on and put it up for sale,” Wells said. “The manufacturer is supposed to follow 218. How many do? Maybe the big manufacturers. The test is incredibly expensive.”

Thom Parks, another lab technician at Bell sports, is a bit more optimistic.

“DOT testing of a given helmet model in a given size is pretty cheap relative to the total cost of the helmet—under $500,” Parks said. “All helmets sold in the US are made at large factories in China, Korea, Japan or Italy, which all have in-house test labs.” Parks stressed that like Bell, a majority of helmet manufacturers test their helmets at outside, independent labs.

Since the creation of FMVSS 218, bad-boy cyclists have been seduced into purchasing “novelty helmets.” These caps “ several rungs higher on the badass meter“ compliment beards and chains and black leather. The half-shell fiberglass lid doesn’t cover the ears and offers virtually no protection to the head or brain. It’s often flared on the sides like a Nazi helmet. The hats are known in different circles as skull caps, beanies, half-shells or shorty’s. They typically come with a counterfeit DOT sticker that the rider can paste on the back. Positively cheesy, but occasionally passable to a naïve police officer.

“We see guys in the marketplace who are risk-takers with limited liability. They’ll import skull caps and put a DOT label on it,” said Brian Sidwell. “That’s nuts.”

“This is a helmet, a safety device,” he pleads. “Will they be caught? Maybe. And maybe not. If they know what they’re doing, then maybe not. It’s slow to weed [the manufacturers] out.”

Herein lies the loophole that warrants Richard Quigley to proudly wear his “DOT-approved” baseball cap and call it his helmet. In 2005, 67 percent of motorcyclists in states requiring helmet use wore DOT-compliant helmets, according to a National Occupant Protection Survey. Quigley’s army, the members of BOLT California, are in part the soldiers falling into that remaining 33 percent.

Beyond skull protection, there are other reasons people support a helmet law. Societal burden and increased insurance rates are the most common arguing points. The other side has found loopholes to these claims, and most anti-helmet activists will happily debate the big-picture issues, but their primary argument is that helmets are too uncomfortable, too heavy, and too restrictive. “All you have to do is put on a helmet to realize that they affect your ability to see and to hear,” said Richard Quigley from his small home deep in the Aptos hills. Quigley laments that full-face helmets, the ones he says are recommended by the CHP, inherently impair hearing and reduce peripheral vision. “They mess with your equilibrium in strange ways,” he said.

In 1994, the National Public Services Research Institute found that wearing a motorcycle helmet does not restrict a rider’s ability to hear auditory signals or see another vehicle, writes the NHTSA.

Supporters of bareheaded riding are quick to point out that three out of four motorcycle-related accidents occur in intersections, from bikers colliding with motorists failing to yield. “When I’m riding around bareheaded,” Quigley says, “I’ve noticed that more people have the propensity to see me and look out for my safety. And that’s what you need when you ride a motorcycle.”

On September 13, 2006, Reuters reported that drivers were up to two times more likely to drive closer to helmeted bicyclists when passing than bareheaded ones. After riding a bicycle fitted with a computer and an ultrasonic distance sensor, British researcher Ian Walker concluded, after being passed more than 2500 times, that wearing a safety helmet may make a collision more likely. (He also found that drivers gave him an average of 5.5 more inches of space when he wore a blonde wig and was mistaken for a woman.)

While the battle against protective headgear may sound outrageous, it holds enough importance for this subculture “ of which many members have no other interest in political activism“ to dedicate an ample portion of their lives fighting, in court and out. Since 1992, these individuals have lobbied and demonstrated, networked, formed alliances, spent money on research, and attracted as much attention as they could to the issue.

Kate Wells, Quigley’s attorney, does not ride a motorcycle, but her issue transcends ambiguous motorcycle helmet standards. “Why do they pick on bikers?” she asks, in reference to big government. “Obviously because they can. It’s a group without a lot of political clout.”

End Note

Richard Quigley died peacefully in his Aptos home on September 16, 2007. He was 63. A born rebel, Quigley resisted the idea that a person can’t be present at his own death service. His “living” wake was held in November 2005, and was attended by hundreds of family and friends, who passed around a mic and told Quigley personally how he changed their lives. “His loss has had a great impact on the motorcycle world,” said Mike Osborn, Quigley’s chief administer for the case. “The best thing we can do for Richard is to keep going.” In honor of Richard Quigley’s life work, donations may be made to the ongoing litigation against the CHP at ABATE Judicial Fund, 10240 Seventh Avenue, Hesperia, CA. 92345-231

Published on: 2007-10-04


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9. RNS -Prototyping Roadway Engineering Improvements to Reduce Motorcycle Crashes
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http://rns.trb.org/dproject.asp?n=14750

Transportation Research Board - Research Needs Statements

Prototyping Roadway Engineering Improvements to Reduce Motorcycle
Crashes

Committee: ANB10, Transportation Safety Management
Date Posted: 10/04/2007
Date Modified: 10/04/2007


The purpose of the study is to explore roadway engineering improvements
that can be implemented to reduce motorcycle crashes. Since 2000, the
rate of motorcycle fatalities has increased substantially in the nation,
contrary to the trend for all other types of motor vehicle crashes.
There are a number of factors that have been suggested as causing this
behavior, including the increased use of very high-speed motorcycles, a
decrease in helmet use by motorcyclists, and the development of social
groups that engage in high speed motorcycle chases in rural and exurban
areas.
The research study will accomplish four tasks. First, the researcher
will review the literature on motorcycle crashes to identify new factors
associated with the increased fatality rate. Second, the research will
review the literature on engineering features to identify possible
improvements and roadway technologies that could reduce motorcycle
crashes. Third, the researcher will conduct interviews with
knowledgeable individuals about each of the technologies to explore
benefits, problems and potential costs. Fourth, the researcher will
produce a report comparing the technologies and will estimate the likely
benefits and costs of each of the technologies and will produce a
prioritization.
Objective
.........The objective is to increase the range of tools available for
departments of transportation and public works and local police to
reduce motorcycle crashes.
.........Key Words
.........Safety engineering, High-speed motorcycles, Motorcycle clubs,
Behavior modification
Related Work
.........Studies have been conducted on the increase in motorcycle
fatality rates.
.........Some of these crashes occur in concentrated locations
.........There is a long history on mitigating crash hot spots
.........Implementing improvements could reduce motorcycle and other
behavioral-induced crashes
Urgency/Priority
.........Important. This study is important because of the increase in
both motorcycle fatalities and the motorcycle fatality rate (per 100
MVT).
Cost
.........$100,000 - $125,000
User Community
.........FHWA, NHTSA, ITE, AASHTO, AMPO, NARC, IACP, USDOJ, NIJ
Implementation
.........The study will involve two literature reviews, interviews with
experts, and a conceptual evaluation.
Effectiveness
.........This would be a first step in identifying new or overlooked
technologies that could reduce motorcycle crashes.


Sponsoring Committee: ANB10, Transportation Safety Management
Date Posted: 10/04/2007
Date Modified: 10/04/2007
Index Terms: Safety engineering, High speed vehicles, Motorcycle
accidents, Motorcycle safety, Motorcycles, Behavior modification,
Subjects Operations and Traffic Management
Safety and Human Factors
Highways
Vehicles



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10. When The Gate Slams Shut....think about it!!!
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THERE IS A LOT OF TRUTH IN THIS.......THINK ABOUT IT!!!!




How To Catch Wild Pigs



There was a Chemistry professor in a large college that had some
Exchange students in the class. One day while the class was in

the lab the Prof noticed one young man (exchange student) who kept rubbing
his back and stretching as if his back hurt. The professor asked the
young man what was the matter. The student told him he had a bullet
lodged in his back. He had been shot while fighting communists in his
native country who were trying to overthrow his country's government and
install a new communist government.

In the midst of his story he looked at the professor and asked a strange
question. He asked, ' Do you know how to catch wild pigs?'

The professor thought it was a joke and asked for the punch line. The
young man said this was no joke. 'You catch wild pigs by finding a
suitable place in the woods and putting corn on the ground. The
pigs find it and begin to come everyday to eat the free corn. When
they are used to coming every day, you put a fence down one side of the
place where they are used to coming. When they get used to the fence,
they begin to eat the corn again and you put up another side of the fence.
They get used to that and start to eat again. You continue until you have
all four sides of the fence up with a gate in the last side. The pigs,
who are used to the free corn, start to come through the gate to eat, you
slam the gate on them and catch the whole herd.

Suddenly the wild pigs have lost their freedom. They run around and
around inside the fence, but they are caught. Soon they go back to
eating the free corn. They are so used to it that they have forgotten
how to forage in the woods for themselves, so they accept their captivity.

The young man then told the professor that is exactly what he sees
happening to America The government keeps pushing us toward
Communism/socialism and keeps spreading the free corn out in the
form of programs such as supplemental income, tax credit for unearned
income, tobacco subsidies, dairy subsidies, payments not to plant crops,
welfare, medicine, drugs, etc. While we continually lose our
freedoms-just a little at a time..




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11. HERO AND DORK of the week
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HERO
The Bodyguards to Prince Chuckles

PRINCE CHARLES RESCUES CRASHED BIKER
PR-Inside.com (Pressemitteilung), Austria - British royal PRINCE CHARLES has been praised for stopping to help a motorcyclist who plunged 15 feet (4.5 meters) off a mountain road in Scotland.
The Prince of Wales was en route to his private retreat in Scotland when he witnessed motorcyclist Hugh Simpson skid on gravel and drive off a steep bank. The Prince immediately stopped his Land Rover and instructed his bodyguards, who are all trained first-aiders, to help Simpson who sustained a broken wrist and foot.
Simpson, 52, says, "I cannot thank Prince Charles enough. He asked his protection officers to come to my assistance. They were very good."

DORK
THE THEORY THAT MORE CRAP = SAFER RIDING

BALTIMORE , Oct. 11 /PRNewswire-USNewswire/ -- Motorcyclist and family man, Joseph McPhatter, can return to his wife and three kids with only
minor injuries after the first real-life crash incident in the United States, involving the Impact Jacket(TM) (airbag jacket) that he was wearing
which saved his life.

During the last week of September 2007, Mr. McPhatter accompanied by two other riders was traveling inside the Baltimore beltway on Interstate
83 following the speed of traffic; he changed lanes only to be cut off by a driver who then hit the brakes. Mr. McPhatter plowed into the back of the
car and was ejected 100 feet in the air hitting the ground at an impact rate of 140 mph.

One of his companions went over to him fearing the worst not even checking for vital signs and protecting his friend by shielding cars from
his body.

Mr. McPhatter is only suffering from sore ribs/knees/bruised shoulders and a broken thumb socket. A Maryland State Trooper said to him at the
hospital, '...this jacket [Impact Jacket(TM)] saved your life!'

Since 1997 motorcycles fatalities have increased by 89 percent from 2,116 to 4,008 in 2004 according to the NHTSA. The recently released 2005
projections show motorcycle rider fatalities are expected to increase for the eight year in a row. The increase in motorcycle rider fatalities from
2004 to 2005 as per the projections is 7.7 percent -- from 4,008 to 4,315. Recent high-profile motorcycle accidents that have occurred have reinforced
the importance of wearing rider protection. The Impact Jackets(TM) will provide safety for riders, therefore providing an overall secure feeling
for the riders, families and their loved ones, and in the end aiding in saving the lives of riders who are involved in accidents nationwide.

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12.
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The Biker Republic has formed to fight the overbearing government intrusion into our lives. Our primary is the fight for biker rights. These two fights are intertwined and cannot be compromised. The average citizen is now aware our liberties are steadily being whittled away. We are working to stop this erosion of liberty and while simultaneously working to restore lost liberties. To this end we are active in the political, legislative, and judicial arenas. Our only charity is to help our fellow bikers and restore liberty. We are dedicated to returning to the roots of the motorcycle rights movement. We are the premier news and information source for biker rights activists.