Federal Issues
Also See: Updates and AlertsNHTSA has unveiled a new motorcycle safety action plan.
30-DEC-07NTSB Helmet Law Recommendations
6-JAN-08
March 25, 2008 - Update Right to Repair Act On March 19, 2008 in Phoenix, Arizona there was a productive meeting with motorcyclists' rights activists, automotive aftermarket industry representatives and a staff member of United States Senator John Kyl. The meetings purpose was to get constituent input on "Right to Repair" legislation. Such legislation has currently been introduced in the United States House of Representatives. Such legislation has not been introduced in the senate to date, but Senator Kyl has indicated interest in the issue. Carol O'Reilly, ABATE of Arizona lobbyist, Tim O'Reilly, vice president of ABATE of Arizona were present representing their membership and the consumers of the aftermarket motorcycle industry. I was in attendance representing the Motorcycle Riders Foundation (MRF) and as the founder of a motorcycle aftermarket shop; in addition as the Arizona MRF State Representative I represented the membership of Modified Motorcycle Association of Arizona and the Arizona Confederation of Motorcycle Clubs. Jeff Hennie MRF vice president of Government Relations was able to work with one of the automotive aftermarket lobbyists to allow the Arizona motorcyclists rights activists and the MRF to be present at this meeting in Senator Kyl's home state. It is obvious the auto and motorcycle aftermarket industry parallel one another on the "Right to Repair" issue. The discussion went well with Sen. Kyl’s staffer; we discussed the issues of the automotive and motorcycle aftermarket industry. The dealers won’t give current downloads to allow the completion of repairing the autos or motorcycles. Shops can no longer work on certain makes of vehicles due to lack of data/download information. We discussed the economic impact on aftermarket industry and the trickle down effect to the consumer; the fact the dealership has set policy, pricing and diagnostics which give the consumer no choices about their vehicle's repair. This all holds true for the motorcycle aftermarket industry as well. The language by EPA that states the manufacturer must provide the information to the aftermarket is there and some companies partially comply by posting information on their web site but when you follow direction you get to a point you can go no further without the data downloads, current updates or specialty tools to finish the repairs on the vehicle. The MRF will continue to follow and be involved with this legislation representing its members. Deborah Butitta
MRF Ex-Officio Board Member
MRF Strongly Opposes US DOT Attack on Training Funds16 February 2008
The Motorcycle Riders Foundation (MRF) has learned that United States Secretary of Transportation Mary Peters sent letters to Capitol Hill with draft legislation outlining her intention to raid the 2010 motorcycle training and awareness funds set aside by Congress in the last Highway Bill (PL 109-59). Peters announced on Thursday, February 14 that she would like to see the earmarked training and awareness funds made available to promote the use of helmets in individual states.
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NTSB Helmet Law Recommendations
Printer Friendly Version The information in this article was taken from several reports issued by the Motorcycle Riders Foundation from September 12, 2007 to December 12, 2007 The National Transportation Safety Board issued recommendations to all states to require all motorcyclists and their passengers to wear Department of Transportation Federal Motor Vehicle Safety Standard (FMVSS) 218-compliant helmets. The recommendations were issued at their public meeting on September 11, 2007. The NTSB has a concrete set of instruction when it comes to issuing safety recommendations for every type of tragic accident except motorcycles. When issuing safety recommendations for most modes of transportation the NTSB relies on it's field investigators, PhD researchers and professional staff to carefully gather information and decipher what is fact from fiction. However, for this set of recommendations the NTSB relied on the tired, antiquated, already existing research. The NTSB has investigated just 6 actual motorcycle accidents in their 40-year history. A wide divide from the 134,000 other accidents they have investigated over the same period of time. At the September 11, 2007 board meeting they admitted that they had come to the recommendations in a way that was outside of normal operating procedures. It is our position that the NTSB is proposing to directly lobby the states with federal tax money based on poorly drawn conclusions, using a very narrow scope, and not employing the rigors of research to which they normally hold themselves. We will go on record, as stating that we will not rule out asking Congress to take action against the NTSB, as we have done with NHTSA in the past, should they continue to ignore the spirit of previous congressional mandates against federal agencies lobbying states on mandatory helmet laws. The NTSB is not part of DOT, or affiliated with any of its agencies. On November 15, 2007 the MRF held a pres conference to inform the public of the MRF's position on the NTSB's recommendations and to express appreciation to Congressmen sending letters on behalf of motorcyclists. The event was also an opportunity for members of Congress to go on the record in support of responsible and appropriate motorcycle safety measures. Congressman Zack Wamp (R-TN), in attendance at the event, had this to say about owning, riding and modifying motorcycles, "This is a slice of American history. And I hope that in this day of political correctness, we don't forget that. Exactly what bikes mean in terms of American history and liberty and freedom and all those things that we hold dear. Because this is something that the people around the rest of the world look at America and identify us with and it's important to preserve it." Perhaps Congressman Tim Walberg (R-MI), who was also in attendance, said it best when he said, "While we can debate the issue of the necessity of a helmet or the lack of a necessity of a helmet, it would be better that we debated the issues and work together on putting something between the ears as opposed to on our head. Those are the issues of concern that make a difference." In early December 2007 representatives from the MRF, ABATE of Florida and NCOM (National Coalition of Motorcyclists) met with National Transportation Safety Board (NTSB) Chairman Mark Rosenker, Vice Chairman Robert Sumwalt, the Chairman's chief counsel, and some of the lead researchers at the NTSB headquarters in Washington DC. The meeting spanned a full three hours. While encouraged about opening a line of communication and NTSB's pledge to work with the motorcycling community on things like crash avoidance and current motorcycle crash data, the MRF reports that NTSB stands behind their recommendations. As of December 12, 2007, eighteen members of Congress have sent letters on our behalf to the NTSB chairman including two from Illinois John Shimkus and Mark Kirk. All of the congressional letters are important, but a few of them have some distinctive roles. For instance, House subcommittee on Highways Chairman DeFazio (D-OR) and Ranking Member John Duncan (R-TN), House Committee on Appropriations Chairman David Obey (D-WI), and House Committee on Veterans Affairs Chairman Bob Filner (D-CA) have all sent letters. Congressman Obey is one of the most influential members of congress, chairing the committee that oversees government spending. It is uncommon for a committee chairman to take such action.
The National Highway Traffic Safety Administration (NHTSA) has unveiled a new action plan.
RELATED INFORMATION AND RESOURCES
HTML - 550K PDF NHTSA
MOTORCYCLE SAFETY PAGE GTR ON MOTORCYCLE BRAKING MAC - FHWA
(Motorcyclist Advisory Council) FINAL RULE
SECTION 2010 GRANTSMOTORCYCLE CRASH STATS
364K - PDF
Distributed by NHTSAThis report primarily covers Fatal Two-Vehicle Motorcycle Crashes for the year 2005. However, for comparison purposes information on other motorcycle crash types and preceding years (2001-2004) is included.
Printer Friendly Version The plan is designed to guide the agency's policy on motorcycle safety over the coming years. There would appear to be a greater emphasis on accident prevention as opposed to injury reduction, that's encouraging. However, we may not be pleased with some of these "accident prevention" measures. The 13-page document describing the plan includes a large number of generalized strategies and a few specific courses of action. There are three areas of countermeasure strategies in the plan - Vehicle and Equipment, Behavioral, and Infrastructure. The two main specific courses of action referenced in the plan are in the areas of, Vehicle and Equipment. A UN global technical regulation (GTR) on motorcycle braking has been developed and NHTSA wants to include it in Federal Motor Vehicle Safety Standards. (FMVSS) The agency anticipates publishing a proposed rule in FY 2008 and a final rule shortly after. NHTSA plans on "amending FMVSS No. 218, Motorcycle Helmets, to address the falsification of helmet certifications facilitated by the current labeling requirements of the motorcycle helmet standard. This change will enhance State helmet enforcement and adjudication efforts." They want to address the use of unapproved or novelty helmets in states with helmet laws. A Notice of Proposed Rulemaking will be published in early FY 2008 and the final rule is expected later in the year. NHTSA also wants to improve motorcycle lighting and the United Nations' (UN) 1998 Global Agreement for the Harmonization of Vehicle Regulations provides for a working group on vehicle lighting. However they haven't yet developed a GTR for motorcycles. Some of the language in the plan indicates there "MAY" be a need for us to watch how section 2010 motorcycle safety grants are being used. During the passage of the last major highway funding bill (TEA-LU) motorcyclists pushed for and got the creation of Section 2010, motorcycle safety grant funds. It was our intent, and the resulting letter of the law, that these funds only be used for rider ed and motorcycle awareness programs. It does appear that NHTSA will continue to walk the tightrope between providing requested information, which is allowed, and lobbying the states, which is prohibited, for mandatory helmet laws. The following was taken from the "action plan":"NHTSA and FHWA (Federal Highway Administration ) Research Offices have a variety of motorcycle projects underway that will provide the states, safety groups and motorcycle riders with the information needed to reduce motorcycle deaths, injuries and crashes. These projects focus on alcohol-impaired riding, motorcycle operator experience, the benefits of rider safety training, increased helmet use (including universal helmet laws), and crash causation."A big increase in NHTSA's involvement in motorcycle awareness programs is in the works. They've already begun producing materials for use by states and organizations. NHTSA is going to take a hard look at rider ed and licensing practices. They plan on making recommendations for standardizing both. We really won't know if that's a positive or a negative until we see those recommendations. The plan includes some promising things in regards to infrastructure, making roads more motorcycle friendly. Most of this is coming out of MAC - FHWA (Motorcyclist Advisory Council) The creation of MAC - FHWA is something motorcyclists managed to have congress include in TEA-LU, the most recent major highway funding bill.
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