During the 2007 legislative session, Senator Tony Rand, (D-Bladen & Cumberland) introduced Senate Bill 375, a bill to shorten the duration of, and amend the requirements for, a motorcycle learner’s permit, and to clarify the requirements for obtaining motorcycle endorsement.

During discussions in committee, Senator Rand explained that a constituent (the Garrison Commander on Fort Bragg) was concerned that too many young soldiers were returning from overseas duty and dying (or seriously injuring themselves) on motorcycles.   It was suggested that many of these young warriors were taking advantage of North Carolina’s lengthy learner’s permit provisions (18 months), and never applying for full motorcycle endorsement.  Senator Rand declared that this bill would reduce the amount of time a learner’s permit was authorized (from 18 months to 6 months) and force these soldiers to qualify for a full endorsement.

Many of us might ask, “So, why is this bill important to me?  I already have my license, and if it only affects ‘new riders’ it’s no skin off my nose.”  The truth of the matter is - motorcycle licensing and education programs affect us all.  The most obvious effect licensing and motorcyclist skills development has on all of us, is manifested in the recent changes to NC GS § 20‑140.4. requiring all NC riders and passengers to wear DOT FMVSS 218 compliant helmets.  

Whether or not we like it… rider crash and fatality statistics affect our freedoms.  The passage of  “The New Helmet Law” during the 2007 session was heavily influenced by the NC motorcycle crash and fatality statistics reported (to our lawmakers) by safety professionals, and the pressures exerted by special interest groups and federal agencies working together with the expressed goal of improving our safety.  

Even on the national level, licensing and rider training have been identified as critical considerations in the Implementation Guidelines of the National Agenda for Motorcycle Safety.  Changes will be made in North Carolina’s motorcycle licensing laws soon.  Our lawmakers will be inundated with suggestions from the bureaucrats - they need to hear from people who ride.

Whether or not we get involved, decisions about the future of motorcycling are being made.  People who ride motorcycles need to share our experiences and thoughts with lawmakers…  Here are my thoughts on Senate Bill 375.

What Senate Bill 375 Proposes:

1. Reduced Time Available to Learn to Ride:  SB 375 proposes reducing the time a rider can ride on a learner's permit (from the current 18 months to only 6 months).

This bill’s lock-step timetable for skills development imposes an arbitrary learning curve for the beginning or novice rider, and makes it more likely a rider with limited skills will be forced to take the skills test before they are skilled riders.  This may result in more test failures or in inexperienced riders demonstrating just enough skill to “barely-squeak-by” the DMV skills test.  This "squeak-by" phenomenon may result in higher crash and fatality rates for licensed motorcyclists and passengers.

Although North Carolina’s climate supports year-round riding, seasonally severe or adverse weather conditions can result in reduced opportunities for practice during any given six month permit period.  Reduced time means fewer opportunities for learning to control your machine or experiencing various traffic situations.  This situation produces a combination of rider limitations that are a recipe for crashing.  

In contrast, the current 18 month permit-period produces little “pressure” to become endorsed and, allows the beginning rider to develop confidence in his/her abilities over time, and in a wide variety of traffic conditions, without the pressure of an arbitrary time-table. 

2. SB 375 is Discriminatory:  Motorcycles are no longer “just recreational vehicles”.  Motorcycles are an important element in today’s traffic environment and are the primary mode of transportation for many North Carolinians.   Motorcycles reduce congestion, use less fuel, and leave a smaller environmental footprint than cars, trucks, and SUVs.  There are currently more than 193,000 registered motorcycles in North Carolina.

SB 375 clearly discriminates against a minority segment of the legally registered motor vehicle driving population.  If it is imperative to reduce the amount of time a learner’s permit is valid, then these restrictions should include learner permits for all drivers – not just motorcyclists.  This bill singles out motorcyclists and imposes more restrictive standards than those required of our four-wheel operator peers.

3.  Rider Skill Improvemetns:    If the purpose of this bill is to reduce fatality and/or injury rates among motorcyclists, then this is not the solution.  This legislation, as it is written, does nothing to improve rider skills.  Forcing riders to qualify for motorcycle endorsments with less on-road experience,  will only increase the number of fataltites of "licensed" riders.  The overall number of motorcycle fatalities and injuries will not decrease; in fact the number of motorcycle passenger fataltities may increase, due to the passenger privilege granted with a full endorsement.

4.  Mandatory Rider Education:  SB 375 would require riders under 18 years old, or with less than 2 years driving experience to successfully complete the MSF approved Rider Education program offered by the NC Motorcycle Safety and Education Program offered at local community colleges.   This particular aspect affects us in our pocket-book. 

The current community college operated Motorcycle Safety Education Program student tuition fees are between $100 and $150 per class.  The actual per-student cost of the program is supplemented by an annual “$3 tax” on every motorcycle registration renewal in NC.  This “motorcycle-rider-only-tax” pays the operating costs for facilities, staffing, and management of the program.  Additional funds for program expansion and improvements are secured through state and federal grants.

The existing Motorcycle Safety Education Program is already experiencing difficulties meeting the current demands of “volunteer” students.  Adding an additional “forced-attendance” population will certainly result in more back-log and delays for training slots.  Several MSEP Instructors and Rider coaches have voiced concern that forcing attendance will disrupt the positive atmosphere of the existing “volunteer-only” classes.

Safety considerations mandate that Rider Education class size is limited to twelve students per class.  Available slots in courses are frequently only available during inclement weather seasons.  In some areas, where slots are available, applicants must wait up to 6 months for enrollment in a scheduled course.  The limited number of approved “commercially-available” rider education courses are nearly four times more expensive (+ $400) than the “motorcycle-tax-funded” course.   

To reduce the impact on our rider education program, it may take years for an appropriate number of adequate ranges to be constructed ,and training seminars conducted, to meet the demand for rider-coaches and instructors.  The immediate result will be more riders operating motorcycles without a license; thus, creating a sub-class of middle-aged, middle-to-upper-income, “criminals”.  The long-term result could be decimation of the motorcyclist funded program.

The current Motorcycle Rider Education program belongs to the motorcyclists of North Carolina.  Motorcyclists developed the program concepts, motorcyclists lobbied for the passage of the law authorizing the program, and motorcyclists pay for the program with a special “motorcycle-only tax” on motorcycle registration renewals.  If North Carolina Legislators want to increase demands on the limited resources of the existing “motorcyclist-funded” rider education program, then they need to belly up to the bar and provide additional funding and resources from the state budget.

5. Alternative Approaches:  There are reasonable and safe alternatives to resolving this issue.  The state of Ohio experienced a similar situation with experienced riders continuing to ride on a learner’s permit and never seeking full endorsement.  Ohio developed a “One-Day” rider endorsement-qualification program specifically for “multiple-permit-riders”.   This “one-day” MSF accredited program was instrumental in reducing the population of multi-permit riders (without imposing unsafe restrictions).

The current MSF approved Rider Education program in North Carolina requires attendance on Friday night and all day Saturday and Sunday.   In some cases experienced “multiple-permit” riders may not be able to attend the current course because of work or other weekend responsibilities.  It may be that many of the experienced “permit-riders” would be better able to attend a one day instruction /skills evaluation program that leads to endorsement, rather than expending an entire weekend attending the existing course, or taking time off of work to attend one of the sporadically scheduled skills tests conducted by the DMV.

This is not to say that this is the approach to use in North Carolina, but it is one example of an alternative approach to dealing with the concerns related to multiple-issue-permit riders who fail to seek full endorsement.  This simple administrative accommodation for riders does not focus on discriminating against tax-paying motorcyclists, nor does it depend on a negative consequence for non-compliance.

What You Can Do

Talk to Your lawmakers:

The North Carolina Legislature is not currently in session, but will re-open for business in May.  All NC elected officials are in their home districts, and readily accessible to their constituents.  Now is an ideal time to contact your local elected officials and let them know your feelings about this bill.

This bill will be heard in the House of Representatives Transportation Committee when session convenes in May 2008.   Although SB 375 has been passed in the Senate, it will have to be re-considered for concurrence because of changes that have been made to the Senate’s language.  So you should be contacting your members of the Senate and the House of Representatives.  I suggest that you advise them that we do not support Senate Bill 375.  Ask him/her to vote against this bill in committee and on the floor of their respective chamber. 

If you’re not sure who your elected officials are, you can find out by going to the NC General Assembly web-site at:  http://www.ncga.state.nc.us/.  On the right hand side of the page, near the bottom there is a link for finding your elected officials.  If you don’t have internet access you can visit (or call) your local board of elections.  Have your driver’s license handy, because you will need to know your 9 digit zip code.

Take A Day Off  From Work on Wednesday 28 May 2008:

Join the dedicated freedom fighters of the Concerned Bikers Association/ABATE of North Carolina and NC Bike-PAC during the annual Lobby day activities in Raleigh.   CBA/ABATE will be establishing a Freedom Fighter support center for any and all North Carolina motorcyclist who are interested in sharing their thoughts with their legislators.  Information about locating your elected officials and important biker issues will be provided so that we can all share our experiences and ideas with the people who represent us in our legislator.