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Posts Tagged ‘Legislation’

Motorcycle enthusiasts in any given year will lobby and go to the mat on legislation issues that affect their hobby in the Northwest.

In Washington state one such bill was SB 5242  —  known as the biker profiling bill – it recently passed into law.   The bill prohibits singling out bikers for police stops without a legitimate reason. Motorcycle profiling is defined as when law enforcement officers single out people who ride motorcycles or wear biker “clothing,” stopping, questioning, searching or arresting them without legal grounds.

Motorcycle clubs who feel they have been singled out over the years see this as a major victory.  However, it’s a win for all motorcyclists in a way that the media isn’t really talking much about. Let me explain.

You might recall that I blogged about the NHTSA who recently made funds available to state, county and local law enforcement agencies to run “motorcycle only” checkpoints. The funds were recently applied for and granted in Florida, and as you can imagine during Daytona Bike Week there was a motorcycle only checkpoint in operation and the bikers-as well as the AMA- went ballistic.

Under the new Washington State law this supposedly cannot happen. Washington State Police (WSP) has stated that although they would not have applied for the funds regardless, that would not have stopped sheriffs and city law enforcement from applying. However, under the new bill they cannot … until someone decides to run county or city legislation to override the state law…

UPDATE: May 16, 2011 – Interesting and well articulated alternative viewpoint from Brian O’Neill (LEO) on how SB 5242 targets the wrong folks (police officer training) and this will get in the way of disrupting gang activity in Washington state.

Photo courtesy of Photobucket

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Senate Bill 805 - Bureaucracy In Action

I’m talking about the Oregon legislature!

But, I’ve gotten ahead of myself and should provide background on Senate Bill 805.

In the U.S., 78.5 billion eggs were produced for eating in 2010. The breakdown is that 2.5 billion were exported, 6.3 billion went to food service use, 24.8 billion were processed into liquid, dried, and frozen products and 44.9 billion went to retail.  There are 187 companies who “lay” claim to about 95% of egg-laying hens in the U.S. Thirteen of these manage flocks of more than 5 million and sell specialty eggs under other names. Cal-Maine Foods, the country’s largest egg producer, owns the brands Eggland’s Best, Farmhouse, and 4-Grain.  Oregon (2.5M) doesn’t even make the top 10 producer list (as measured by number of egg laying hens) and the top 5 egg production states are Iowa (54M), Ohio (27M), Pennsylvania (23M), Indiana (23M) and California (19M).  In fact, at retail, more and more businesses and consumers are demanding organic eggs from hens that are either cage-free (hens able to run about inside huge chicken houses but not outdoors) or free-roaming (hens have access to the outdoors for at least 51% of their lives (~18 months, but there are no regulations on the quality or size of the open-air space)).

It turns out the tastiest, healthiest, most humanely produced eggs come from your local farmer’s free-roaming small flock.  Eggs contain varying amounts of 39 vitamins and minerals—many of which don’t even make it onto the nutrition facts label. Some eggs are healthier than others and it’s really all about what the hens are fed, which ranges from corn and soybean meal to a chicken’s more natural diet: a blend of grains and whatever the hen finds by foraging the pasture.  Again, egg nutrition value is determined by the feed, not breed.

Oregon’s Senate Bill 805 (SB 805) provides hens with a few more inches of space for laying eggs, but may well cost the farmers (which will be passed on to consumers) who will need to purchase/prep for the incremental space mandate.  It’s hard to imagine given the current budget issues facing the state how this matter rises to the level of debating a bill that is largely being determined by consumer purchases of the best tasting eggs.  But, I’d like to congratulate the Oregon legislature for displaying so much intellectual honesty, storming the farmland and solving an issue that isn’t even a problem. It’s another “teachable moment” for those who went to Salem for a life-long political career to do nothing.

I’d bet a Grande Coffee at Starbucks that the next bill after SB 805 will be mandating the quality and size of the open-air space.  Maybe they’ll even look to mandate ambient noise levels so the hens can breathe without excessive sound…hopefully no flocks are near a highway where a group of motorcycles may travel as OSP will be ask to single out motorcycles and set up an EPA-compliant exhaust check point!

The point of this post is not directly related to the Oregon egg industry, but about the unending government proposals, rules, and regulations that affect or creep into the motorcycle lifestyle.  Today there is more bureaucracy about eggs/hens and the amount of breathing space.  Tomorrow it’s about how and what we ride and drive. From taking away off road land areas, to the Federal Register re-defining what is a motorcycle, to performance modifications, and denial of insurance benefits — everywhere you look there is a current or proposed law that will negatively impact all of us. Every day as a result of the current economic collapse I get reports about home foreclosures and short sales, but Oregon lawmakers would rather waste tax payer money debating topics on chickens vs. being “compassionate” to the residents of the state.  Is a chicken’s well being more important?

All this ranting and talk of eggs in the morning made me hungry.  Who’s up for breakfast?!

Photo courtesy of the egg industry.  Fun fact: Did you know that 300,000 eggs go to Peg’s Glorified Ham N Eggs on South Sierra Street in Reno, NV., every year, where they are transformed into heaping breakfast platters piled with hash browns and homemade salsa.

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Stop "Nanny" Bills

We’ve been told a number of times that Oregon legislators know what’s best for us.  They seem to have a motto of just ‘trust us,’ now go out there and have some crazy fun.  But govern that fun because there are a lot of well intentioned legislative bills that treat citizens like children incapable of making a good decision — called “nanny” bills — which in my view try to mandate common sense and are simply telling people how to live their life.

For 2011, they don’t want you to smoke.  Anything anywhere.  Don’t even think about driving with a pet in your lap or riding a bike with headphones.  And when your windshield wipers are on (happens a lot in the northwest) they want it mandatory to use your headlights too.  Yeah, legislators want to lower the boom on all these so-called questionable habits and are as busy as ever protecting us from ourselves.  In fact, 2,837 measures have been introduced since January.  Some read like duplicates and some contradict other bills.  Yep, it’s “March Madness” from Salem!

One of the more prolific sponsors is Rep. Mitch Greenlick (D) who after reading a bike safety study by OHSU decided to authored a bill that would make it illegal to carry a child under the age of 6 years old in a bike trailer (HB 2228).  I’m curious if he collaborated with Eugene-based Burley Design, who have employees engaged in the making of trailers for more than 30 years and if they see this as a job killer?   Not even slightly distracted about jobs, Mr. Greenlick also wants to require a prescription to smoke cigars or cigarettes and wants to add a special tax on soda to discourage its consumption (HB 3223).

The Legislative Counsel’s office says it costs $980, on average to draft and circulate a bill.  That suggests there is a $2.7M cost for the drafting and routing of the 2,837 measures for 2011!  While we can debate the actual costs and if a House Concurrent Resolution (HCR) is less cost, what isn’t debatable is the loss of productivity of the people put there to serve us and the wasting of the states time and money on non-sense bills versus working to grow the economy and create jobs.  Some examples of those all-important issues (and there are many, believe me) that legislators think face our state:

  1. HCR 14 – adopts Code of West as model of conduct in State of Oregon.
  2. SCR 3 – designates Border collie as official state dog.
  3. HB 2010 – requires public schools to offer students instruction in Mandarin Chinese if school offers student instruction in two or more second languages.
  4. SB 160 – creates offense of driver operation with obstructing animal (makes it illegal to drive with a pet on your lap).
  5. SB 805 creates offense of unlawfully confining egg-laying hen.

So, by now you’re asking how does this relate to motorcycles and/or transportation measures?  I didn’t read all 2,837 measures, but I quickly scanned them and below are the measures motorcyclists might be interested in keeping an eye on:

SB 948 Declares that data used to diagnose, maintain or repair motor vehicles that is created, collected or contained in motor vehicle is exclusively owned by motor vehicle owner.
SB 945 Prohibits manufacturers from selling or offering for sale, and other specified persons from knowingly selling or offering for sale, brake friction material or motor vehicles or trailers with brake friction material containing specific amounts of certain fibers or elements that are hazardous when released into state waterways.
HB 3579 Prohibits advertising that seller will value property being offered as payment toward purchase or lease of motor vehicle at certain amounts.
SJR 36 Proposes amendment to Oregon Constitution to allow revenue from taxes on motor vehicle fuel and ownership, operation or use of motor vehicles to be used by state police for policing highways.
SB 873 Requires persons 75 years of age or older to renew driver licenses every two years and to take driving test prior to renewal.
SB 845 Requires Department of Transportation to issue driver license or driver permit to applicant who has complied with all requirements for license or permit but does not provide proof of legal presence in United States.
SB 846 Directs Department of Transportation to adopt standards for bicycle trailers designed for human passengers.
HB 3504 Authorizes civil forfeiture of motor vehicle if person is convicted of offense relating to driving while suspended or revoked.
HB 3377 Authorizes photo radar in City of Salem.
HB 3513 Creates Ignition Interlock Device Program Fund and continuously appropriates moneys in fund to Department of Transportation to pay for installation and maintenance of ignition interlock devices for use by persons who are indigent.
HB 3483 Requires use of headlights when windshield wipers are on.
SB 767 Creates offense of unlawfully idling motor vehicle engine.
HB 3259 Directs Department of Transportation to provide photograph on driver license, driver permit or identification card to licensed private investigator.
HB 3250 Directs Department of Transportation to issue Keep Kids Safe registration plates.
SB 647 Increases penalty for driving while suspended or revoked.
HB 3149 Establishes standards for personal vehicle sharing programs.
HB 3141 Requires only persons under 21 years of age to wear motorcycle helmet while riding on or operating motorcycle. I blogged on this previously HERE.
HB 3072 Requires use of headlights at all times.
HB 3039 Directs Department of Transportation to erect and maintain roadside memorial sign under certain circumstances for police officer killed in line of duty.
HB 2738 Directs Department of Transportation to consult with Oregon State University Marine Mammal Institute when designing Gray Whale registration plate.
HB 2768 Adds driving while fatigued to offense of reckless driving.
HB 2749 Creates offense of driving while drowsy.
HB 2545 Establishes tax on motor vehicle rentals.
HB 2333 Prohibits use of studded tires.
HB 2507 Permits person to use mobile communication device while operating motor vehicle in frontier counties.
HB 2042 Permits person to provide Department of Transportation with odometer disclosure form for vehicle 10 years old or older.
SB 160 Creates offense of driver operation with obstructing animal.
SB 180 Prohibits Department of Transportation from administering examination for driver license in language other than English.

And sticking with that ‘cowboy’ code theme and applying it to the 2011 legislature… I’m thinking “big mouth, no cows” might be more appropriate.

Photo courtesy of Flickr

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Over the weekend a riding buddy had a dealer remove the stock exhaust system and along with some engine work he upgraded the bike to a Vance & Hines Pro Pipe 2-into-1 performance exhaust.  The Pro Pipe includes tuned length stepped headers with a highly efficient merge collector that feeds into the stepped megaphone design.  The new Pro Pipe is not a mellow sounding exhaust and although I didn’t measure the DBA’s, it likely pushes the limits on noise-emissions when you roll on the throttle.  The exhaust has no catalytic converter and missing from the new chrome are U.S. Environmental Protection Agency labels/stamps.

Speaking of the EPA…  On Monday the California Senate passed SB 435 by a vote of 21-16 and it’s now on Governor Arnold Schwarzenegger’s desk.

The bill makes it a crime to operate a motorcycle manufactured after Jan. 1, 2013, that fails to meet federal noise-emission control standards. Motorcyclists whose vehicles lack the proper U.S. Environmental Protection Agency label would be subject to a fine.

It’s not clear that this bill will do much to address excessive sound or reduce emissions, but it seems to unfairly target motorcycle owners.

For example, it’s not practical in a real world traffic stop situation to locate the federal label due to the inconsistent location of the lable and in turn may well result in unwarranted citations.  In addition, after-market exhaust systems (which are not always louder than stock systems) can be installed for a variety of legitimate reasons. A stock exhaust can wear out over time, be damaged, unavailable or prohibitively expensive.  Motorcyclists would be forced to purchase Original Equipment Manufacturer (OEM) parts, while automobile drivers will continue to be allowed to install exhaust components from non-OEM sources.

And what happens if you don’t live in CA and are considering a ride to the State.  Or maybe you’ll be passing through a small part of the state on the way to Reno Street Vibrations 2013.  Will you be unable to ride your motorcycle there because of this law or worry about being unfairly ticketed?

It’s important to note that the state of California often sets the tone for the nation in passing legislation where the other 49 states end up drafting behind.  This bill looks to drive up the cost of ownership and might be punitive for every rider while doing little or nothing to actually address the issue of excessive motorcycle sound.  Governor Schwarzenegger owns multiple motorcycles, but most believe he will sign this bill into law.

Then it’s only a matter of time for other states to follow…

Photo courtesy of Vance & Hines.

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It’s disturbingly commonplace and pretty workaday stuff for law enforcement.

If you are an owner of one of the country’s 277 million cell phones, it’s possible that your cell-phone company retained records of where your device has been at all times.

Cell phones have tiny GPS devices embedded inside or because each phone call is routed through towers that can be used to pinpoint the phones’ location to within areas as small as a few hundred feet.

And as the government continues it’s relentless intrusion into the private lives of citizens, cell-phone tracking has become commonplace and among the more unsettling forms of government surveillance. The ease at which your location information can be accessed is a question posed by a Newsweek article, which outlines the various methods local law-enforcement agencies and the Justice Department can use to trace Americans’ cell phones–tracking that in some cases can be done in real time. According to the article, courts across the country routinely agree to police requests for cell phone location information.  The legality of such requests is somewhat murky and there is anecdotal evidence of abuse of the system, with requests that are clearly personal.

What if the Justice Department wants to track political protesters or motorcyclists at the Washington CoC Run?  Or how about track all the motorcycle enthusiasts who arrive at the state capital for “Black Thursday” in Olympia to protest unfavorable biker legislation?  Apparently, it may all be allowed.

It would seem the Orwellian day of Big Brother secretly following motorcyclists movements through the cell phone device in our pocket is here.  Currently, the records are obtained under what is known as “2703(d)” orders—a reference to an obscure provision of a federal law known as the Stored Communications Act—in which prosecutors only need to assert that there are “reasonable grounds” to believe the records are “relevant” to an ongoing federal criminal investigation, a much lower standard than that needed for a search warrant.

When the Wireless Communications and Public Safety Enhancement Act of 1999 was passed, I don’t think they thought about law enforcement over reach or customer’ privacy information related to location-based services.  I encourage preservation of the Fourth Amendment and think it’s time that Congress clarify the terms under which location information may be released to law enforcement.

Until then, if you’re someone who does not wish to disclose their movements to the government then you’ll need not use a cellular telephone.

Photo courtesy of Apple.

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Out Of Busines

Harley-Davidson has undergone a grueling restructuring over the last year to better compete amid less demand.

The economy and housing bubble depleted consumers’ wealth and left a lot of folks unwilling to spend on Harley’s high-end bikes.  I anticipate that Harley will remain at least three quarters away from achieving positive retail sales trends in the U.S., especially given the companies lapse of a successful promotion in the first quarter.

I’m genuinely concerned.   More so about the decay of prosperity in the local motorcycle shops, parts suppliers, and dealers.  Be it routine service or customization, the local shops most often operate on their ability to make sure YOU are happy. They know if you leave satisfied, you will tell your friends about your experience with the shop.  Word of mouth is an integral part of a shops reputation in the local area and carries a lot of weight in generating new business.  “Giving” local shops rebuild, repair, or service work on your bike, while appreciated, is not going to keep a shop in business.   The industry at large will need sales to rebound or the local motorcycle businesses will lay-off their skilled workers or worse – close down operations.

Unless you own or work in a local shop, you have no idea of what it takes to stay in business.  Facility overhead, staff salaries, phones, heat/electricity and advertising are things everybody thinks of.  But what about insurance, hazmat costs, licensing fees and money paid to local city and state governments for all the TAXES they require?

And speaking of taxes, I’m very skeptical of government spending our way to prosperity.  Increasing the tax liability on small business owners does nothing to encourage businesses to take care of their employees.  In fact, in Oregon there is a special ballot measure on personal and corporate tax increases.  In my opinion this one-size-fits-all legislation may well force motorcycle shops to shut down.  You’ve heard of Measures 66 and 67 and read more about net profits and corporate structures to last a life time so I’ll avoid explaining the details.  Instead, let me ask a simple question.  Did you get a raise last year?  I know I didn’t.  And if you’re lucky enough to still have a job, I’m willing to bet that you didn’t either.  Most likely you took a pay cut.  Or had your hours reduced.  Or were required to pay a larger share of your health insurance coverage.

At the same time you and I were taking cuts the Oregon Legislature voted to increase the tax burden on higher incomes and businesses by $750 million dollars, it also authorized $248 million in pay raises for state employees.  Yep, that’s right.  State workers got raises during the worst economy we’ve been through since the Great Depression.

Still don’t care?  Then how about this.  The legislature approved a budget that increased state spending by 9%.  If I was operating a motorcycle shop I can assure you that if my business increased 9% over the past two years I’d be most happy.  The legislature increase is about $4.7 billion more than the previous two years.  Time for another question.  Do you think state services have improved as spending has increased?  Are the schools better? Is our infrastructure better?  At a time when Oregon has lost over 120,000 private-sector jobs in the past 18 months the state has added 10,000.  It would seem that in Oregon, government has become the ONLY growth industry!

I’m not sure about where you live, but in Oregon during the winter many think about what customization you can do to your bike in the off-season.  Before long you’ll be sitting at your MacBook, surfing the web looking to make some modification dreams come true.  You’ll likely have questions and find yourself on the phone calling the local motorcycle shop trying to get all those questions answered.  Before long you’ll have spent most of an hour discussing scenarios, getting advice and prices from the local shop expert.

What if they don’t answer your call because the parts expert is no longer employed?  What if they’ve gone out of business?

We’re told by the “spinsters” in Salem that the state is making “budget cuts.” Huh?  In fact it means simply they can’t have as much of an increase as legislators would like.  A 9% increase is NOT a cut!  It’s my opinion that the private sector creates wealth.  Government does not.  I hope you’ll join me in voting NO on Measures 66 and 67 to send a clear message to the Oregon legislators that a CUT means CUT.   

Increasing taxes on motorcycle shop owners means more will go out of business.

Source: Statistics from The Oregonian

Photo courtesy of Flickr.

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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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