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Posts Tagged ‘Legislation’

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 385Lane 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 2665Lane 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 680Lane 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 2598Vehicular 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 2599Helmet 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 36Three Wheel Motorcycle Skills TestingWaiver — 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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Screen Shot 2016-07-07 at 3.34.02 PMThe State of Oregon has more than 74,000 miles of total roads and highways to wander as you set out on your northwest adventure.  The state is known for a diverse landscape including the Pacific coastline, the Cascade Mountain Range, and the flat central/eastern desert. It’s the ninth largest state and with a population of 4 million, the 26th most populous.

Yet, over the last couple of weeks the state is being defined by an alarming spike in motorcycle accidents and rider deaths!  OSP flash alerts are HERE.

  • On Highway 36 on June 24th a 2004 Harley crossed the center line and struck a Ford Ranger head-on. The motorcyclist, 56-year-old Michael R. Lucier of Swisshome, died at the scene.
  • On June 25th there was motorcycle crash on Highway 46 at milepost 7 (Caves Highway near Cave Junction).  The preliminary investigation revealed that a 2001 Triumph motorcycle was eastbound on Highway 46 at milepost 7 when it left the roadway on a corner. The motorcycle struck a tree and the rider, Patrick Michael Daley, age 57, of Cave Junction, was thrown down the embankment and pronounced deceased at the scene.
  • On June 26th there was a report of a truck versus motorcycle collision on Interstate 5 at the 235 interchange (just north of Albany). The 1995 Kenworth truck tractor was towing a chip trailer and had been traveling southbound on Old Salem Road. The truck began to make a left turn onto the Interstate 5 southbound on-ramp, but turned in front of a northbound 1995 Kawasaki motorcycle. The motorcyclist crashed as a result of the truck turning into its path. The rider, Kevin R. Argo, age 39, of Lebanon was pronounced deceased at the scene by emergency personnel.
  • On June 30th near Deadwood, OR, Richard F. Araujo, 68, died when he missed a corner on his 1992 Harley Davidson and sideswiped a Dodge pickup. It was the 2nd fatal motorcycle crash on Highway 36 in less than a week.
  • On July 2nd OSP responded to a report of a motorcycle versus vehicle crash on London Road near the Cottage Grove Reservoir.  Information revealed a 1999 Honda 900 motorcycle was traveling southbound on London Road at a high rate of speed just as a 2008 Chrysler Sebring was pulling out of a private drive northbound. The motorcycle impacted the driver’s side of the Sebring. The rider, identified as Cory Nathan Tocher, age 33, of Cottage Grove, was thrown from the motorcycle and pronounced deceased at the scene.
  • Also on July 2nd there was a report of a traffic crash involving a motorcycle rider and an SUV on Southeast 82nd Avenue near Schiller Street.  Efforts to save the motorcyclist, 45-year-old Aaron Christopher Rufener were unsuccessful and he was pronounced deceased at the scene by emergency personnel.  The driver of the SUV, a 44-year-old man, remained at the scene and was cooperative. Officers learned that he was driving northbound on 82nd Avenue and was turning left into the Don Pedro Mexican Restaurant parking lot when the southbound motorcycle rider crashed into the passenger side rear of the SUV, a 2004 Chevrolet Trailblazer. The motorcycle is a 2013 Harley Davidson.

In addition, on July 5th there was a vehicle crash reported on I-5, just south of Ashland.  The crash, involved a BMW motorcycle and a semi-truck going southbound at mile post 10.5.  The motorcycle was from Mexico and was traveling at about 70 mph when it ran into the back of a semi-truck.  The motorcycle driver was transported to Oregon Health and Science University to be treated for his life-threatening injuries.

On July 6th, again on I-5 in northern Josephine County near Wolf Creek, OSP responded to the single-vehicle accident at milepost 80.  David Carl Freiboth, 61-year-old of Mercer Island was riding his Triumph motorcycle in the fast lane of I-5 when a semi-truck in the slow lane quickly signaled and changed lanes in front of him.  Freiboth told OSP he hit his brakes and quickly veered away from the semi, which caused him to hit the median and lay his bike down. He complained of shoulder pain and was transported by AMR Ambulance to Three Rivers Medical Center for treatment.  A motorcyclist behind Freiboth confirmed the incident, but was unsure about the description of the semi – which did not stop after causing the mishap.

Oregon has no shortage of steep grades, tight curves and awesome views that can be fascinating on a motorcycle.  But, please, PLEASE pay attention because we want you to live through your trip here!

If you are new or considering a motorcycle visit to the state I urged riders – to review motorcycle safety information.

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red-lightI’m talking about Senate Bill 5141 which was signed by Gov. Inslee and took effect on June 14th.

It states that if a motorcyclist approaches an intersection, including a left turn intersection, controlled by a triggered traffic control signal using a vehicle detection device, and that signal is inoperative due to the size of the motorcycle, the motorcyclist must come to a complete stop. If the signal fails to operate after one cycle, the motorcyclist may proceed through the intersection or turn left after exercising due care.

The Washington legislation provided a legal way for motorcyclists to get through a red light and according to the American Motorcyclist Association, 14 other states have passed similar legislation.

In Oregon, motorcycle detection issues remain a problem at traffic lights in both rural and urban areas.  If you’re like me you’ve experienced the frustration and/or jockeyed around so that the auto behind can trigger the light.  And when motorcyclists encounter devices that fail to notice their presence, most riders will proceed through the red light after taking “due caution.”

I’m wondering when the Oregon Department of Transportation and the Oregon Governor’s Advisory Committee on Motorcycle Safety will take up the issue?

Many cagers and law makers believe that motorcyclists are at fault in triggering traffic lights so, in the spirit of reporting both sides… the Oregon Motorcycle Manual and the TEAM Oregon Motorcycle Safety Program offer advice on how to position a motorcycle correctly at traffic stops so signaling devices will hopefully register it.

Photo courtesy of the internet.

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2013 Ride to Work Day

2013 Ride to Work Day

Back in the day when a cowboy joined an outfit he threw down his bedroll in a chuck wagon.  When he does that, he gives his loyalty 100% to the outfit.  It’s a cowboy thing.  If you don’t like the way an outfit is run, you grab your bedroll, pony and ride on down the trail.

It was a code established by the rugged pioneers and is just as relevant in today’s world as back then, but I’ve gotten off topic.

I’m talking about riding for the “motorcycle” brand.

Huh?

Yesterday marked the 21st Annual Ride to Work Day—it’s a day when thousands of motorcycle enthusiasts across the U.S. ride their motorcycles to work in a show of mutual support and solidarity. Originally created by Motorcycle Consumer News columnist Bob Carpenter in 1992, the event has served as a way to promote motorcycles and rider safety; combining the ride with numerous activities around the country, including charitable events.

Many riders don’t need another incentive to ride, but the Ride to Work Day is not just something to talk about, but to participate in.  I count myself as one of the thousands of motorcycle riders and enthusiasts across the U.S., so I was up early and headed to the ‘plant’ which in of itself is a rare occurrence since I work remote most days.

Sure, I exposed myself to the situation where someone doesn’t obey the rules of the road… like that beat up Toyota mini-van which made an abrupt 2-lane change as they entered onto Highway 217.  The cars were slamming on brakes which was a little concerning, but not nearly as bad as the dude in the well-worn Ford Escape that cut me off on Highway 26.  His NO SIGNAL lane-change was so close that I thought about asking if he’d check my front tire pressure!  Or how about on the way home the lady in the Red Mazda – yeah you – with heavily tinted windows so preoccupied with her cell phone texting that she nearly rear-ended the car in front of her.

I’ve blogged at length about distracted driving in Oregon and how it’s the norm rather than exception and can honestly say that after being on the road in rush hour traffic I was not inspired, but if nothing else I was there in a “show of force” saying I rode to work today!  It was not only an opportunity to raise awareness about motorcycles, but it also provided me a chance to talk about road safety.

And speaking of transportation, one disappointment from yesterday’s Ride To Work event is the seemingly lack of visible support or promotion of two-wheel transportation by John Kitzhaber, Oregon Governor or the legislators.  You might recall that Governor Kitzhaber met recently with and challenged the Oregon Transportation Commission to create a 21st century transportation system that best serves Oregonians.  And, I’m quoting here… “A transportation system that will attract and grow business, provide mobility, reduce the carbon impacts of transportation and transition into a truly multimodal and efficient transportation system for the state of Oregon.”

I would think that two-wheel transportation is part of that “system” and the absence of visible support is odd given Oregon’s home-grown, Brammo that manufactures electric motorcycles in Ashland, and it’s perplexing given that Senators Ron Wyden and Representative Greg Walden worked to get a tax credit extension for Brammo.

One has to ask if we have the right group of individuals at the transportation table at the beginning of the process to define the problem and solution together?

Photo of author.

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BMW - HP RACE Data Logger

BMW – HP RACE Data Logger

Data recorders, known as a black box are viewed by professional racers as a key method to becoming a better rider on the race track.

The device captures and the software allows riders to analyze motorcycle and riding data such as road speed, corner braking, engine speed, lean angles, throttle grip position, brake status front/rear, gear, longitudinal acceleration, banking position, engine temperature, GPS position and GPS speed, ABS control range, DTC (Dynamic Traction Control) control and a number of other critical pieces of data along with the actual layout of the race track.

Professional racers rely not just on gut instinct, but also on facts and figures. The data recorders act as a “virtual coach” and are precisely what helps pros further improve their riding style (line, braking and throttle points) or adjust their motorcycle to their personal riding style and adapt to the relevant race track and tires.  The data can be saved and subsequently read out onto a laptop and analyzed.  Even the riding line on the track can be displayed and reviewed in detail in conjunction with Google Maps using the data recorder software.

But, what if your motorcycle insurer uses the data from a black box to increase your rates or have the ability to record data that can be used against you in a civil or criminal proceeding?

That would never happen, right?

Well, not so fast… currently, no federal law exists that clarifies the rights of vehicle owners to ownership of the recorded data.  The National Highway Traffic Safety Administration (NHTSA) has issued a Notice of Proposed Rulemaking requiring black boxes in all cars manufactured after Sept. 1, 2014. The NHTSA already has disclosure requirements, but U.S. Reps. Mike Capuano (D-Mass.) and Jim Sensenbrenner (R-Wis.) are introducing the Black Box Privacy Protection Act that will protect motorcyclists rights.

The bill will require dealers to prominently disclose to consumers if an event data recorder (“black box”) is installed in their motorcycle, the data collection capabilities of such a device, and how such data may be used. The bill clarifies that the owner of the motorcycle owns the data and it may not be accessed without the permission of the owner. Furthermore, the bill requires that manufacturers provide consumers with the option of controlling the recording function in future automobiles or motorcycles that are equipped with black boxes. In other words, the ability to turn the black box on or off.  This bill will give consumers an even greater choice and enhanced privacy protections.

If you’re concerned how the data from a black box will be used on your motorcycle, then I urge you to contact your state representative and ask them to support the federal legislation.  The American Motorcyclist Association (AMA) has made it easy to do so with a pre-populated email form letter HERE that automatically locates your state representative.

Easy enough and I hope you fill out the form and forward this to your motorcycling buddies.

Photo courtesy of BMW.

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Random-CheckpointIn Oregon non-DOT motorcycle helmets are ALLOWED by definition under ORS 801.366.  See page #59 (HERE).

Independent of your views on the usage of these helmets, many riders would agree that motorcycle-ONLY safety checkpoints are inappropriate.  Yet in spite of the activism and involvement from the motorcycle community to stop or prohibit federal funds for motorcycle-ONLY checkpoints the progress hasn’t always been favorable.

Case in point is the Court of Appeals for the New York Second Circuit which backed roadblocks for the purpose of issuing motorcycle citations.

The back story is that in 2007, the New York State Police began using federal taxpayer grant money to target these motorcyclists with the stated objective “to detect motorcycle safety violations and ensure proper registration and operator compliance with New York State’s motorcycle license requirements.  The first roadblock was set up on October 7, 2007 to hit participants returning from a motorcycle rally nearby in Connecticut. Signs were posted on Interstate 84 ordering motorcycle riders to “exit ahead” while a uniformed police officer directed traffic into a rest area. From there, a total of 280 motorcyclists were detained and forced to undergo “full-blown inspections” that generated 104 traffic tickets. The most common citation was for improper helmet.

In 2008, a total of 17 roadblocks were held, detaining 2278 motorcyclists who were issued 600 tickets for infractions that had nothing to do with safety. Another 365 citations were issued for use of an unapproved helmet. Several detained bikers sued the state police after they were detained 45 minutes or more.

In U.S. District Court Judge Gary L. Sharpe rejected the motorcyclists’ argument that the Fourth Amendment protection against unreasonable searches and seizures applied to this case.  To get around the constitutional need for individualized suspicion of wrongdoing before a seizure, courts have created a “special needs” doctrine that allows roadblock programs serving a particular government need.

In this situation, the state produced statistics that showed motorcycle fatalities dropped 17 percent in the same year that motorcycle helmet ticketing increased 2175 percent, and Judge Sharpe agreed this was proof that the roadblock’s primary purpose was safety. The courts then must balance whether the government need to enhance safety is greater than the interference with individual liberty.

The appellate judges agreed with the lower court’s analysis that it was:  “Applying this balancing test, we conclude that the well catalogued public interest in highway safety is well served by the safety checkpoint program and outweighs the interference with individual liberty in this case,” the second circuit ruled in a brief, summary opinion. “Accordingly, the district court did not err in concluding that there was no constitutional violation.” A copy of the summary order of November 29, 2012 is at: Wagner v. Sprague (US Court of Appeals, Second Circuit, 11/29/2012).

I choose to wear a DOT approved helmet, but I dislike discriminatory checkpoints.  Have you been to the Laughlin River Run lately and rode out to Oatman, Arizona on the Oatman-Topock Highway?  How about return to the hotel from a concert at the Buffalo Chip during Sturgis week?  Random LEO check points are the norm.  Officers invade your personal space to check for alcohol.

Could Oregon be next to implement similar “safety” initiatives?  Hopefully not, but you might recall that at an ABATE rally in Olympia, WA a few years ago it become a photo op for “profiling” riders and law enforcement writing down license plate information (video HERE).  In 2011, Governor Chris Gregoire signed Senate Bill 5242  which outlaws profiling of motorcyclists and earlier this year, California Governor Jerry Brown signed into law California Bill AB 1047 which outlaws motorcycle only checkpoints.

If motorcycle only checkpoints raise your blood pressure then write or ride to the Oregon capitol in February and talk to your state legislators.  Explain to them that there is no reason why anybody in any state should be profiling any particular group including motorcyclists and you want them to stop it.

Photo courtesy Doug Chanco.  The 2012 Biker Rally at the Capitol HERE.

UPDATE:  Added the link to Oregon helmet law history HERE.

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Two bills (House Bill 3261 and Senate Bill 968), supported mainly by the entertainment industry, aimed at stopping illegal downloading and streaming of movies and TV shows.

On the surface sounds reasonable.  Protects U.S. jobs.

However, the legislation is called the PROTECT IP Act (PIPA), and could put motorcycle bloggers in legal jeopardy if we linked to a site anywhere online that had any links to copyright infringement.  The legislation would let federal authorities shut down portions of the Internet without due process, and fundamentally alter the Internet’s ability to provide a platform for free speech.  As a result there have been various forms of “blackouts” on Facebook, Google and many others sites in protest.

The legislation that the U.S. Senate is considering could trample us.  There is more to these new ‘piracy’ prevention bills than what meets the eye in my opinion.  It’s more like prevention of free internet, monitoring the masses by law enforcement and censorship masquerading as ‘piracy’ prevention.

Everyone knows that these media companies employ the Web to build buzz.  And when it scales out they benefit from hits.  If you want to enter the future you don’t put on the brakes, you press down on the accelerator.   In addition, these days it’s all about smart phones, with Net access.  But in some misguided attempt to turn the U.S. into China, the government—a land where Congressmen are beholden to monied interests, swaying whichever way the Benjamin’s are blowing, and have better health care insurance than most Americans—wants censorship?!

Hollywood is out of visionaries. The studios have been taken over by lawyers—even in the creative areas. Most new innovation has moved from Hollywood to Silicon Valley.  And to further prove that point…it must be serious because for the first time in almost 3 years even…Mark Zuckerberg…tweeted about it!

Giving someone in government the power to take down websites without any due process is bad legislation, period.

A list of websites participating in the protest is available HERE.

UPDATE: January 22, 2012 – In case you missed it….Congressmen are woefully uninformed and most susceptible to both money and the people.  The day after I posted this article SOPA/PIPA support significantly dropped not because of my post, but because of Google, Yahoo and Wikipedia etc. going “black.”  A visual image of the congressional change in support of SOPA is HERE.  The content industries want, guilty until proven innocent or to raise the cost of copyright compliance to the point where people simply get out of the business of offering it as a capability to amateurs.

Photo courtesy of a free internet/web…

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