Riding On Painted Lines

Blue Mountain Scenic Byway

The Oregon Department of Transportation is responsible for furnishing and maintaining directional, regulatory, warning, and informational signing on the state highway system.

Can you explain the significance behind every color and symbol used in Oregon’s road signs?  How about the inspiration behind the center line that has divided roads for decades?

ODOT Signs

It was interesting to learn, that the first modern centerline was painted in 1917. White was chosen by its designer, Edward Hines, who was inspired after seeing milk spill from a delivery wagon on a newly-paved road.  In 1935, highway officials gave local governments options when it came to painting centerlines. They could be either yellow, white, or black, depending on the color of the underlying pavement. By 1955, 49 states had adopted white stripes to divide their traffic lanes.  The ONLY holdout, Oregon, who preferred yellow, arguing that it was safer.

The federal government balked at such a ridiculous suggestion and threatened to withhold $300 million in highway funds. Oregon begrudgingly complied, but likely felt vindicated in 1971, when the federal government mandated that centerlines now be painted yellow, with white stripes reserved for roads where traffic drove in the same direction. (Lines on the sides of roads didn’t gain traction with officials until the mid-1950s. Before that, edge markings were prohibited. They were finally advocated in 1961, and then mandated in 1978.)

Route Signs

How about when Oregon Department of Transportation spent $680,000.00 to switch out 400 speed limit signs for House Bill 3402 when it passed in 2015 and increased the speed limit to 70 MPH on selected roadways.  At $1,700.00 for each sign…that is some kind of phenomenon speed sign!

If you’re like me, as you ride by a roadway sign, you likely understand the signage on a subconscious level and that’s why the designs were chosen in the first place.

Colored signs were erected along a stretch of roadway in the mid-1950s. The signs led to two cities: Utopia and Metropolis. Drivers were later polled about which sign color they preferred. Green came out on top at 58 percent, followed by blue (27 percent), and black (15 percent).

Many road sign features have interesting origin stories.

IMPORTANT: Riding on painted lines reduces grip when it rains.

REMINDER:  “White lining” is NOT legal in Oregon.  This is the act of lane-splitting or when a motorcycle travels along the white line between two adjacent lanes of traffic.

Photos courtesy of ODOT.

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Times They Are A-Changin

It’s a reference to a song written by Bob Dylan and released as the title track of his 1964 album of the same name (video). Dylan wrote the song as a deliberate attempt to create an anthem of change for the time. Interestingly, the song addresses no specific issue and prescribes no concrete action, but simply observes a world in upheaval.

“Changes” is a relevant topic as the Oregon Legislature passed hundreds of bills last year during the short summer session.

I won’t bore you with the “Sustainable Shopping Initiative” and the HB 2509 upheaval, but what follows are some changes in 2020 that motorcycle enthusiasts might be interested in knowing more about:

HB 2017 — Vehicle registration fees are a-changin!  In 2020, some vehicle fees in Oregon will be based on miles per gallon (MPG) as part of “Keep Oregon Moving,” a major transportation funding program. If you have an electric vehicle or a car that gets more than 40 miles per gallon, you’ll have two options. You can pay the full fee up front to register or renew your tags, or you can pay a lower fee and a monthly per-mile charge for miles driven in Oregon if you join OReGO. The net-net is, drivers with more fuel-efficient vehicles end up paying more in registration fees. I’ve reached out to DMV for a statement on specific changes related to electric motorcycles and will update this post with any information. SEE UPDATE AT BOTTOM. Oregon is one of a handful of states aggressively pursuing new registration fees (read more tax $$) for electric vehicles, in a preemptive move to capitalize on the shift to electric that is leading to lower gas taxes.

HB 57 — Were you recently pulled over and did the law enforcement officer fail to notice your change of address sticker on the back of your drivers license… which led to an even long(er) traffic stop? Good news!  HB 57 ends change-of-address stickers because Oregon DMV will no longer require stickers on drivers’ licenses, permits or ID cards when people change their addresses. It was estimated that ending the sticker program will save $550,000 a year in printing and postage costs. Those savings will go into the State Highway Fund to “support local and state roads.” Oregon law still requires driver license, permit and ID card holders to update the DMV with a change of address within 30 days of moving.

HB 2015 — Oregon becomes one-of-thirteen other states providing driver licenses for undocumented immigrants. Proponents of extending driver’s licenses to immigrants argue that licensing undocumented residents will lead to fewer hit-and-runs, more trust between immigrants and police, and increased revenue for DMV. Opponents assert that granting licenses to undocumented residents reduces the incentive to follow immigration laws and would lead to increased voter fraud, ID fraud, bank fraud and easier for terrorists/criminals to obtain fraudulent documents.

Whether or not you get twisted up around an ideological axle on this topic is your choice, but Oregon’s HB 2015 — the Equal Access to Roads Act — signed in July 2019, now allows undocumented immigrants to obtain their driver’s licenses, though they still aren’t eligible to vote. While undocumented immigrants don’t have to prove citizenship, they will still be required to pass a driving test, pay a fee, and prove they’re current Oregon residents. House Bill 2015 removes the requirement for individuals to provide proof of legal presence when applying for a driver license or ID card. However, after January 1, 2021, individuals applying for a standard driver license or ID card must still provide proof of full legal name and identity, date of birth, Oregon residency, and a Social Security number. If an individual has not been assigned a Social Security number, they must sign and submit a written statement with their application. The law was passed in 2019 and is only applicable for a standard Oregon driver license or ID card. Important to note is that standard driver license or ID card is not Real ID compliant. All other requirements such as proof of name, identity, date of birth and Oregon residency stay the same.

You might be asking why was this law signed in 2019 if it doesn’t go into full effect until 2021? According to the DMV talking points — they are implementing a number of changes in 2020, including a new computer system and the introduction of Real ID compliant cards in July 2020. Waiting until January 2021 allows DMV to update the technology to accommodate the undocumented immigrants law change. Oregon and 13 other states and Washington, D.C. currently issue driver licenses to individuals who do not provide proof of lawful status.

SB 998 — Oregon passes a version of the “Idaho Stop” law.  SB 998 now allows bicyclists to yield at stop signs rather than come to a full and complete stop before proceeding through an intersection. If you ride a motorcycle in the city of Portland, you’ve likely observed that bicyclists rarely come to a complete stop at stop signs. In 2020, bicyclists now have the option of yielding—rather than coming to a complete stop—at both stop signs and flashing red lights. Red lights still require a full and complete stop, and bicyclists must still yield to pedestrians and right-of-way traffic, and maintain a safe speed.

SB 792 — Do you like spending time at the salvage yard looking for motorcycle projects? Maybe you plan to start “Bill’s Cycle Heap” business this summer? A vehicle dismantler is anyone who takes apart motor vehicles. This often includes recovering, rebuilding, reselling or recycling parts from worn out or damaged vehicles. SB 792 modifies laws related to vehicle dismantler certificates and the plates and registration transfer from totaled vehicles. Notices submitted to the DMV stating that a vehicle has been totaled will allow the transferring of plates and registration from that vehicle to another. The transfer can’t take place if a salvage title was previously issued.

HB 2017 — The thrill of paying more $$ for fuel!  HB 2017 means Oregon’s current gas tax will jump up by 2 cents, the second of four increases approved in 2017. The Oregon Department of Transportation will use some of the additional funds (estimated at $60 million) to improve state roadways, and the remainder will go to Oregon cities and counties.

HB 3452 — U.S. Highway 26 across Oregon is officially designated a POW/MIA Memorial Highway now.  HB 3452 was sponsored by Central Oregon lawmakers.

A list of bills passed by the Oregon House in the 2019 session is: HERE

UPDATE: January 9, 2020 — Per Customer Assistance (Chelsi) at Oregon Department of Transportation (DMV) —  “All motorcycle fees (electric or otherwise) are the same. They are not based on the same MPG scale as passenger vehicles. Thank you for using our online services.”

Photos courtesy the State of Oregon and Creative Commons.

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Oregon Motorcycle Legislative Update

As you know, I’m a motorcyclist licensed in the State of Oregon.  I’ve written many blog posts that represent motorcyclists and advocate for the passage of laws that improve motorcycle safety and result in motorcycle awareness and driver accountability.

My perspective comes from years of riding motorcycles and having first hand knowledge of friends who have been injured when drivers don’t see motorcycles and the dramatic consequences.

Speaking of motorcycle accidents, the following are examples of common motorcycle accident causes:

• A car makes a left-hand turn in front of a motorcycle, usually because the driver is not looking for, or does not otherwise see, the oncoming motorcycle.

• A vehicle pulls out of, or into, a side street or driveway, also usually because the driver does not look for, or otherwise see, the motorcycle.

• A car rear ends a motorcycle because the driver is inattentive or distracted, usually by a mobile electronic device.

• And the all-to-common motorcycle accidents involve only the motorcyclist!  There have been a number of motorcycles that inexplicably missed a curve on a clear, dry road and left the roadway.  Many suffered injuries or death after striking a tree, roadside sign, utility pole or boulder.  Be it age related (yes, I said that!), pushing the limit of the riders skills or the capability of the motorcycle, driving impaired — both by drugs and alcohol — or by fatigue and exposure — riders need to constantly tweak riding habits to stay sharp.

In tracking the U.S. states information, searching and following-up on the Oregon data of various motorcycle accidents in the news, it seems that negligent drivers are often not being cited for any violation when they cause a motorcycle accident. Moreover, careless drivers are typically only being cited for routine traffic violations, and reckless drivers are being cited only for careless driving.  I’ve also read about simple cell-phone tickets being cited when drivers cause severe accidents.  If you try and track motorcycle accident cases, they are usually not referred to the District Attorney’s office unless there is a fatality or a drunk driver involved. Careless and even are facing very little to no criminal repercussions for their conduct and instead being given a traffic violation or no traffic violation at all.

That’s all about to change!

Back in 2017, Oregon began to address this issue by passing HB 2598, which expanded Oregon’s Vehicular Assault Statute, ORS 811.060, to protect motorcyclists and their passengers from reckless drivers, making it a Class A Misdemeanor for a reckless driver to injure a motorcyclist or passenger. That same year, Oregon passed SB 493, which made it a Class A Misdemeanor for a criminally negligent driver to seriously injure a vulnerable user.

However, under the current statute, motorcyclists, moped operators, and their passengers are not, even though they are equally susceptible to being directly struck and seriously injured by a careless, or criminally negligent, driver as the other road users.

But, effective January 1, 2020 is Senate Bill 810.  Signed into law back in June, the Bill modifies the definition of “vulnerable user of a public way” to include persons operating or riding on moped or motorcycle.  The law (801.608, “Vulnerable user of a public way”) enhances penalties for motorists who kill or injure motorcyclists, as well as other vulnerable road users such as pedestrians, highway workers or bicyclists.

Oregon has taken an important step to protect riders and their passengers. Oregon now joins the State of Washington along with several other states by treating motorcycles and mopeds the same as other vulnerable road users by significantly enhancing the penalties against careless and criminally negligent drivers.

Thank you Governor Brown!

UPDATED:  November 1, 2019 — Removed the 1st – 4th priority scheme under motorcycle accident causes paragraph (see comment below) as it was misleading.  Added a reference HERE to the NHTSA Highway Crash Data for 2018.

Photos courtesy of ODOT and GHSA

Oregon Crash Statistics & Reports    |    Invest in yourself and Stay Sharp HERE!

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Motorcycle Legislation In Oregon

Oregon State Capitol in the Spring

Did you know that in 2013, Portland was ranked as the 10th most traffic-congested metropolitan area in the United States?

Jump ahead two years later, and Portland is now ranked (2015) as the 8th most traffic-congested metropolitan area on a Friday in the United States.

I’m an advocate for motorcycle safety and the passage of laws that improve motorcycle safety with a result of increased motorcycle awareness and driver accountability.  Like many of you, I’ve been riding for a good long while and my perspective comes from years of riding motorcycles across the United States (including in California).

Given the fact that Oregon continues to struggle with funding issues associated with overhauling an aging transportation infrastructure at the same time in which it is coming under increasing strain from population growth you’d think aspects of improving stop-and-go traffic situations would be relatively straightforward.  It’s not!  There is a lot of discussion and hand-wringing in Salem about riding motorcycles, incentivizing motorcycle use in dense urban areas and using less fuel-efficient automobiles, but few actionable plans seem to materialize or get put into motion to address increased traffic congestion.

One could debate if the “let it melt” strategy for ice storms, is being applied to traffic congestion, but instead it would be “watch it get worse.”  I’m still looking for a report out or the glowing “success” memo from ODOT in regards to the near Real-Time Reader Signs on Highway 217 that seldom seem to be accurate.

In fairness, there have been enhancements to various roadways to “ease” some traffic congestion and construction is now happening on Highway 26 to widen the road.  In addition, there is a major enhancement planned to improve traffic conditions and highway operations on I-5 from Highway 99W to I-205.  Part of the Corridor Bottleneck Operations Study, the I-5 project isn’t going to start until early 2018 and hopefully be completed by the fall of 2019.

Below is a quick summary of some key 2017 motorcycle legislation and the current status:

Senate Bill 385 – Lane Sharing (Highways Only) — Bill would have made lane splitting legal, but has died in the Senate Judiciary Committee.  The Governor’s Advisory Committee on Motorcycle Safety (GAC-MS) discussed, debated and identified merits and problems with this legislation, and decided at its February 16, 2017 meeting to oppose SB 385 by a 5-2 vote in the name of motorcyclist and motorist safety.  ODOT opposed passage of SB 385 citing that Oregonians don’t support this motorcycle riding practice and that the safety of motorcyclists across the state of Oregon will be compromised.  The AAA and the Oregon Trucking Association also testified against the bill.

The next legislative session opportunity is now in 2019.

You might recall that there was an identical bill which failed two years ago — SB 694.  Interestingly this bill received initial support from the GAC-MS.  The group provided written and verbal testimony in support of the bill which made it out of committee (unanimously) and passed the full Senate with a 2/3 bipartisan majority before failing in the House.  The GAC-MS changed its position after SB 694 passed the Senate and then opposed the bill at the House Committee on Transportation and Economic Development.  It’s unclear why the Committee’s position switched or the mixed messages on the riding practice.

What is the Governor’s Advisory Committee on Motorcycle Safety (GAC-MS) you ask?

It’s an influential group comprised of eight volunteer citizens who advise the Governor and the Governor’s Highway Safety Representative on motorcycle safety issues and legislation. The GAC-MS reviews legislation that could or might affect motorcycle safety in Oregon.  The Committee consider’s input from Oregon Confederation of Clubs, Abate of Oregon, BIKEPAC of Oregon, Law Enforcement, ODOT, AAA, Trucking Association to name a few and from motorcyclists and organizations in support of motorcycle legislation.

House Bill 2665 — Lane Sharing (Lanes and Shoulders) — Allows operators of motorcycles and mopeds to travel on the shoulder of highway during traffic jams or slowdowns.  The Governor’s Advisory Committee on Motorcycle Safety Committee voted to oppose 7-0.

Senate Bill 680 – Lane Sharing (All Roads) — Allows operators of motorcycles and mopeds to travel between lanes of traffic or between adjacent lines or rows of vehicles during traffic jams or slowdowns.  The Governor’s Advisory Committee on Motorcycle Safety voted to oppose 7-0 in a previous meeting.

House Bill 2598 – Vehicular Assault of Motorcycle Riders (Enhanced Penalties) or often called the “Driver Responsibility Bill” — Expands offense of vehicular assault to include contact with motorcycle, motorcycle operator or motorcycle passenger.  Specifically adds motorcyclists (and/or their passengers) to a current Oregon law that provides those who operate another vehicle recklessly resulting in contact with and injury to a motorcyclist and/or their passenger to be possibly charged with the crime of “vehicular assault” and its associated penalties.  There is no specific provisions to protect motorcyclists from reckless drivers and there is no specific accountability for drivers that injure a motorcyclist as opposed to a pedestrian or a bicyclist, and motorcyclists are not on the vulnerable users list.

The bill has moved thru the House committee with a “pass” recommendation and is headed for House Floor vote.  The Governor’s Advisory Committee on Motorcycle Safety voted to oppose 4-3 the bill and is determining how best to communicate the Committee’s position to the legislation.

House Bill 2599 — Helmet Choice — Requires only persons under 21 years of age to wear motorcycle helmet while riding on or operating motorcycle or moped.  This is an emergency bill and would take immediate effect upon passage. Topics discussed included: individual choice, what happens when a rider doesn’t have health insurance and needs long-term care, the efficacy of the age requirement, the inability to see or hear as well when wearing a helmet.

The Governor’s Advisory Committee on Motorcycle Safety voted to oppose the bill.

Senate Bill 36 – Three Wheel Motorcycle Skills Testing – Waiver — This bill eliminates the requirement that DMV conduct a skills test prior to issuance of a restricted three-wheel motorcycle endorsement. Individuals applying for the three-wheel motorcycle endorsement would still take the motorcycle knowledge test.  There are approximately 45 tests offered per year at five DMV field offices for the restrictive three-wheel motorcycle user.  The DMV is not currently granting waivers to three-wheel cycle users and that users who want a three-wheel motorcycle only endorsement still have to take knowledge and skills tests and receive a unique endorsement.

The Governor’s Advisory Committee on Motorcycle Safety voted to support the bill.

I’ll continue to update this blog post as I learn about any bill updates during the 2017 legislative session.

Photo courtesy of State of Oregon

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Oregon Motorcycle License Fees

The dark months are on us.

You know them as that period in the northwest from November 1 to April 30, when the days are short, the air is cold, the misty precipitation often transforms into solids and then back again.  As a result the riding days are few and far between.

Like many of you I recently needed to renew my driver’s license.

It’s a fairly benign task except now the rules have become a bit more restrictive and you have to provide proof of your legal presence, identity and date of birth.  “Presence” means that you have to provide proof that you are a U.S. citizen, permanent legal resident, or otherwise legally present in the U.S.

I filled out the form, provided a passport as proof, passed the eye exam and hoped for a striking photo that I could be proud to show at the airport.  I started to write out a check to the DMV for $40 and the clerk corrected me, stating it would be $68.  Whoa?!  Somewhat miffed about the extra fee just because a box is checked on the license… I ask what the extra $28 paid for and the clerk stumbled around a bit saying that I would need to talk to Salem DMV about the renewal money.

So, I did.

I went to the “Ask ODOT” button on the DMV site and sent them a note.  The initial response I received was “Revenues DMV receives from fees related to vehicle title registration, driver licenses and endorsements are being used to recover costs and replenish the state’s Highway fund… please see the attached Key Facts booklet.”

This didn’t make sense, but I looked over the document, and found few references to motorcycle fees or how that money was spent so I sent a follow-up email and received another quick reply which was more helpful:  “The $28 motorcycle endorsement fee goes into a motorcycle safety account which is dedicated to motorcycle training and public information and awareness.  Please see the Motorcycle Safety program website.”

So, I surfed over there and downloaded the most recent data.

On page six of the Motorcycle Safety Databook – 2008, it provides details on various project funding, however, it was over 3 years old so I sent another email asking if there was data through 2011.  I received another quick response which stated the web site needed to be updated with the newer information, and they attached a PDF file that included the 2011 data.  After reviewing the document I had several additional questions and called Michele O’Leary, ODOT Transportation Safety Division.

What follows is some additional detail and learnings:  The additional $28 that is collected for a motorcycle endorsement over the driver license fee goes toward what is known as the Motorcycle Safety Subaccount Fee. The $28 is collected each time a person renews their motorcycle endorsed license. As of 2010, each new endorsement holder pays an additional $10 (first time only) so they have $38 collected. The fee was established under ORS 807.370 (20).

Motorcycle Safety Program expenditures are:

OSU TEAM OREGON Program:  Funds in 2011 were $866K (in 2007 it was $803K); this funds the daily operation of statewide motorcycle safety project which includes: Mobile Program courses, instructor training, instructor update workshops, instructor and training location monitoring, public information and education activities by staff and instructors.  Items such as fairs, sober graduation presentations, motorcycle events, insurance, printing and materials.

Motorcycle Statewide Services:  Funds in 2011 were $96K (in 2007 it was $106.8K); this funds travel expenses for members of the Governor’s Advisory Committee on Motorcycle Safety. It also includes printing, mailing, and distribution costs along with equipment and travel expenses for TEAM OREGON Motorcycle Safety Program.

There are also some Federal funds which help augment the state expenses.  They are:

Motorcycle Safety Program Enhancement Project:  Funds in 2011 were $127.7K (in 2007 it was $53K); this funds the enhancement of the state motorcycle safety training program through the purchase of training motorcycles, improvements to the mobile training program, curriculum improvements and range site lease.

Motorcycle Safety Public Information and Education:  Funds in 2011 were $30K (in 2007 it was $40K); this funds public information and education contract and campaign materials for motorist awareness.

Interesting to note is that the Federal motorcycle dollars have been capped at $100K each year. The Motorcycle Safety Program office had some unspent funds one year and rolled them into 2011 to be able to spend them. However, the Federal allocation will be reduced to less than $50K each year starting in 2014 and into the foreseeable future.

In terms of revenue collected to run the various programs, the state of Oregon issues approximately 12,000 new motorcycle endorsements each year at DMV. This equates to: 12K x $38 = $456,000 (approximately).  The remainder of the state funds comes from renewals, which are a “rolling” target as each person renews at a different time.  There are also registration funds from the state motorcycle safety training program which are collected that help pay for the cost of operating the training.

While the program is largely self-sufficient, the downside is that there are no extra monies to take on larger initiatives and make a larger impact on motorcycle safety.  Only a large increase of people applying for motorcycle endorsements or shadowing the legislature to request additional funds will put extra money into the sub-account.

I think it’s also most important that the motorcycle community understand that the use of the endorsement fee is legislated in ORS 802.340 (2):

802.340 Transportation Safety Account; uses; Motorcycle Safety Subaccount. (1) The Transportation Safety Account is established in the General Fund of the State Treasury. Except as provided in subsection (2) of this section, all money credited to the account established under this section is appropriated continuously for and shall be used by the Department of Transportation to carry out the following purposes:

(a) Payment of the per diem, travel and other expenses of the Transportation Safety Committee.

(b) Payment of the expenses of the department in performance of its duties related to transportation safety.

(c) Functions or programs established under ORS 802.315.

(2) There is established in the account created under subsection (1) of this section a subaccount to be known as the Motorcycle Safety Subaccount. The subaccount shall consist of moneys credited to the subaccount under ORS 807.370 and as otherwise provided by law. The subaccount shall be accounted for separately. Moneys in the subaccount are continuously appropriated to the department for and shall be used to carry out the purposes provided under ORS 802.320.

The statute ensures that legislators can’t take the motorcycle endorsement fees and put them into the general fund to use on whatever pet project they have this month.

Now you know more than you ever wanted to know about motorcycle endorsement fees.

Photo courtesy of Oregon DMV.  Shout-out to Michele O’Leary, ODOT Transportation Safety Division for taking the time to answer questions and respond to email/phone calls. 

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It’s Not Easy To Get Use To This

Mike Zupan (left) and John Zupan (right)

I was on a Southwest flight heading to Sacramento last week reading the in-flight magazine.

There was an article called “Bourbon Barrels” which stated that in Kentucky the number of Bourbon-aging barrels outnumber the state’s residents by more than 360,000.  There are 4.7M aging barrels in use among the commercial distillers.  And that in recent years, the popularity of premium small-batch and single barrel products has skyrocketed to the point where the bourbon industry in Kentucky is in its biggest expansion phase since Prohibition.

While reading this it reminded me of an online article I had read earlier in the week where company executives for Brown-Forman (Jack Daniels) stated that they’ve seen improvements in liquor consumption at U.S. bars and restaurants.  The so-called “out-on-the-town” drinking, a key segment for the spirits companies, had been hurt in recent years by the economy, but with renewed brand development and wider distribution, Brown-Forman stated they are seeing improved net sales growth.

Northeast Marine Drive -Portland, OR.

It was a quick flight, but I had time to read all two-pages of the Oregonian Business section to learn that John Zupan, 66, died.

John who?

John was like many of you who read this blog.  A person who enjoyed classic cars and motorcycles.  He also was the founder of Zupan’s Markets which makes him a grocery store pioneer.  According to my sources he had recently purchased a 2009 BMW motorcycle and was riding it on Northeast Marine Drive when his motorcycle was hit head-on by a motorist.  According to Portland Police reports the car was driven by Edy Porfirio Reynoso-Ramirez, age 32.  Reynoso-Ramirez was driving a 1998 Honda Civic and was speeding in the eastbound lane of Northeast Marine Drive, driving erratically and passing other vehicles.  After the accident Reynoso-Ramirez fled the scene and tracking dogs were used to locate him hiding in an industrial area.  Reynoso-Ramirez was booked into Multnomah County jail with allegations of assault in the second degree, failure to perform the duties of a driver, DUII and reckless driving.  In addition, U.S. Immigration and Customs placed a hold on him.

Edy Porfirio Reynoso-Ramirez (L)

This is a very sad story.  One that occurs to often (drunk drivers (some being undocumented)) and is not easy to get use too.

For some topics, particularly on public health and immigration, summaries are dangerous because they can create the idea that a single or simple solution exists when it’s always more complex.  However, for those who say that the status of the driver is irrelevant, I beg to differ.  If Reynoso-Ramirez were not here illegally, Mr. Zupan might well still be with us.  In Oregon like most all other states acceptable PROOF of residence is a requirement for a drivers license.  It’s unclear if Reynoso-Ramirez has ever been checked to see if he even knows how to drive or if he can even read the road signs? Lastly, by the nature of his illegal status, there is an implied disregard of U.S. laws so, why not drink and drive?  It’s a third world corrupt behavior and one that is problematic.

I’m sure there is a lot of blame to pass around for this accident.  The DMV is at fault for lax documentation measures.  The spirits industry for its continual drive of seeing improved sales or the retail outlet for selling the spirits.  It’s the governments fault because they are lax on immigration.  Geez, even President Barack Obama’s family is embroiled in a similar matter.  His uncle, Onyango Obama, an illegal immigrant was charged with drunken driving in Framingham, MA.  He was ordered by an immigration judge back in 1992 to leave the country, but for some reason just hasn’t gotten around to it. Onyango, who’s from Kenya, is the half brother of the president’s late father and has pleaded not guilty to operating under the influence of alcohol and is being held on an immigration detainer.

Sadly, drunk drivers come in all shapes, sizes and citizenship status’.

I anticipate that this accident will be placed on the back burner by the Oregon media or law makers as to avoid having any debate over illegal immigration and any associated issues.  What’s worse is that many people out there – especially insurance companies- consider motorcycle accidents, even when the motorcycle rider is NOT at fault, the “cost of doing business” and that motorcycle riders have essentially assumed the risk of getting hurt.   Many non-motorcycle riding members of the pubic, in fact, assume that anyone who rides a motorcycle is asking for trouble and if they do get hurt, well then that is the riders fault even if the rider did nothing improper.

Unfortunately the real issue (drunk and reckless driving) will get buried in the media as questions about who will or will not participate in the Ducks next football practice take center stage…

My sincere condolences to the Zupan family.

Photos courtesy of Zupan.com and Fox 12 News

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Oregon’s Age Impaired Drivers

It started out like any other routine day.  Up early, shower, comb the hair, brush the teeth, start up the automobile and head out enroute to various scheduled appointments.

Except on this day Marcia Brandon was guilty of listening to the radio as she fidgeted with the automobile controls and multitasked down the highway.  The preening on the road was a costly lesson as she drove distracted, lost in thought on the road.

Because on this day the 82-year old woman was cited by Oregon State Police (OSP) for driving 110 mph in a 55 mph zone on Highway 26 west of Gresham.  That’s correct 110 mph!  When the OSP trooper finally overtook the hulking Pontiac Bonneville and was able to pull over Marcia Brandon (did I already state she was 82 years old?) she stated that she wasn’t aware she was driving that fast.  In fact, she had no idea that the car’s hazard lights were blinking on either as she whizzed past other traffic.

Ms Brandon was cited for Violation of the Basic Rule – 110 mph in a 55 mph speed zone.

Convictions for driving over 100 mph now carry a mandatory minimum 30 – 90 day suspension in addition to a $1,103 fine.  Since 2006, with the stronger law and penalties, drivers traveling 100 mph or faster have decreased.  In 2009, troopers cited 298 drivers for traveling 100 mph or faster on Oregon highways, an approximate 21% decrease from 2008 (376 drivers cited) and 45% since 2006 (537 drivers cited).  In 2009 DMV noted 313 drivers received court ordered suspensions for driving over 100 mph, 366 court ordered suspensions in 2008, and 428 court ordered suspensions in 2007.

But, this isn’t my main point.  After a quick scan of the OSP site, Ms Brandon is in good company!  I’m alarmed at the number of age impaired driving accidents over the last 30 days and this is just a small sampling of the accidents:

1. Roy Lester Shideler (age 82) – driving on a suspended  WA. license traveled into the ditch on Hwy 395 and was ejected from the vehicle and died.
2. Irma Crumrine (age 81) pulled in front of a vehicle on Hwy 97 and seven people were injured.  All survived.
3. Sandra Boehme (age 66) traveled across the center line striking a pickup which then created two other vehicles to crash.  All survived.
4. Delia Le Blue (age 78) collided with a van making a left hand turn on Hwy 26 resulting in serious injuries.
5. Clinton Deshazer (age 71) for unknown reasons crossed the centerline and collided with a semi-truck which resulted in serious injuries.

It turns out the fastest growing segment of the driving population are seniors who make up 9% (about 19 million) of the nation’s drivers. This figure is expected to jump to more than 30 million drivers by 2020.  Drivers aged 75 and older have a 37% higher crash rate than younger drivers, according to the Elder Law Journal, published by the College of Law at the University of Illinois at Urbana-Champaign.  And with the exception of teenage drivers, seniors have the highest probability of death resulting from an auto-related accident of any age group.

Sure, age alone does not determine a person’s ability to operate an automobile, but evidence suggests that certain characteristics associated with aging impair driving performance.

I acknowledge that independence of senior drivers is very important and fundamental to maintaining our freedoms, but I’m not sure the state/DMV tests are doing enough for road safety when an 82 year old is licensed and feels empowered or unrestricted to travel 110 mph on her way to errands.

Why so many age related vehicle accidents when by law Oregon drivers aged 50 and up must undergo a vision test verifying they can safely scan and traverse the roads?  The testing must occur upon license renewal and every eight years thereafter.

Given the aging population trends there needs to be more done by DMV in validating an aged driver’s abilities.

UPDATE: October 26, 2010 – Just yesterday, Martha Lockhart (age 82, from Olivehurst, CA.) stopped near Toledo on Hwy 229 at the intersection of Hwy 20.  For some unknown reason she pulled out into the path of a semi-truck which was pulling empty pole trailers.  The collision flipped the trailers which in turn collided with a Chevy truck registered to Oregon State and was being driven by Oregon Department of Fish & Wildlife (ODFW) employee Tamara Elizabeth Wagner (age 52) who was pronounced deceased at the scene.  Ms Lockhart and the truck driver received non-life threatening injuries.

Photo courtesy of: The Incredible Hulk from The Super-Hero Squad Show, © Marvel Entertainment

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Stupid Hurts In The New Year

It was the slogan of American Honda’s safety awareness campaign back in 1998.

The “Stupid Hurts” (.pdf) campaign was intended to create a lasting impression on parents and youngsters as the company was under a lot of pressure with respect to marketing and promotion of ATVs.  It was a multi-million dollar program to deliver straightforward, no-nonsense messages encouraging rider training about helmet use, operator-only use, drug and alcohol-free operation, appropriate age/vehicle size, and youth supervision.

But, beginning Jan. 1, 2010  “stupid is as stupid does”…the Oregon legislature has passed a number of new laws to protect YOU as well as increase the fines because in case you haven’t heard the state has a “revenue challenge.”  Many would debate that it’s a SPENDING problem, but what do we know?  For example, the fine for riding a motorcycle without a motorcycle endorsement jumps from $360 to $720. However, the law also requires the court to suspend the fine if the rider completes training and receives an endorsement within 120 days of sentencing.  Of course if you’re under 21 years of age you are required to complete a TEAM Oregon Basic Rider Training (BRT) course which historically has had long lead times.

But, wait there’s more:

1. Oregon’s “Move Over” law in 2010 now means that you’ll have to move over for tow trucks and other roadside assistance vehicles. Under current law, drivers have to pull over from police cars, fire engines and ambulances rendering assistance on a highway having two or more lanes of traffic going in the same direction. The change also clarifies that if a motorist can’t pull over because there is a vehicle in the other lane, the driver must slow his or her vehicle to at least 5 miles an hour under the posted speed.
2. There was also an amendment to House Bill 2040 to add roadside assistance vehicles and tow vehicles to the list of vehicles that require motorist to “maintain a safe distance.”  Failure to maintain a safe distance (ORS 811.147) is a class B traffic violation.
3. For drunk drivers who are convicted with a blood alcohol level of .15 percent or higher — they will now pay a minimum fine of $2,000. Previously, the fine structure called for a minimum fine of $1,000 for a first offense, $1,500 for a second conviction and $2,000 for a third or subsequent conviction, without regard for level of drunkenness.
4. And what about protecting the children?  Any under 16 years of age will have to wear a safety belt or harness when operating a Class I or Class II all-terrain vehicle used for off-road use or a Class II ATV legal for street use. The safety belt or safety harness must be used when the vehicles are used both on public roads and premises open to the public. The law holds the parent, legal guardian or person responsible for the child responsible for compliance.
5. Operators and passengers of Class II ATVs who are younger than 18 must wear motorcycle helmets. There is an exception for vehicles that have a roof or roll bar and that are registered through the Department of Transportation.

Clearly these new rules will create a lasting impression and stop stupid!

Photo courtesy of Honda.

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