The House Transportation Committee met on Monday 30 June 2008 at 5:00 p.m., in a special session, to discuss several bills.  Typically this committee meets on Wednesdays at 11:00, but the General Assembly is close to completing their tasks for this session, and there were many bills that needed to be considered by the  Committee before the end of session.  Among these bills was Senate Bill 375, a bill to shorten the duration and amend the requirements for a MC Learner’s permit.

SB 375, "The MC Learner’s Permit Bill" has been the topic of discussion on this blog several times in the past.  In earlier iterations the bill would have reduced the time frame for validity of the permit to six months, been non-renewable, and/or the cost for renewal would have been $50.  In one iteration it required all those under 18 years of age to attend the Motorcycle Safety Education Program offered by the NC Community College system.

The final bill language that was considered on 30 June 2008 was a “Proposed Committee Substitute” that removed the DMV riding skills examination, and required all new riders seeking motorcycle endorsement to complete the MSF approved Rider Ed course conducted by the Community College System.  This PCS also removed the opportunity to renew the permit when it expired. The PCS appeared to discriminate against bikers in a number of ways.

We argued that the current MSEP program is funded by bikers (with an annual $3. tax on license plate renewals) which gives us license to voice our concerns about any changes.  We suggested that although the MSEP is a high quality program, there are often long delays in gaining admission (sometimes as long as five months).  Attendance in the MSEP is voluntary, and those who choose to, have an approved alternative method for obtaining their MC endorsement (DMV skills test).  If this bill were to pass, the increase in attendance would overwhelm the existing infrastructure and possibly reduce the effectiveness of our quality program that is already struggling to meet the demands of volunteer attendees.

Several members of the GHSP, the NC DOT, and the NC Community College spoke in favor of the bill.  The focus of their arguments was; in a large percentage of motorcycle involved crashes in North Carolina, rider error is the primary cause.  Rider training improves skills, and may prevent crashes and save lives.

During committee deliberations my faith in our form of government was, once again, renewed.  Members of the committee asked all the right questions and directed the discussion in the appropriate direction.  Representative Ric Killian asked about the annual $3 fee, and stated that bikers had a right to question changes in a program they pay for.   Representatives Nelson Dollar and Bonner Stiller asked important questions about the existing program and number of program attendees.  Probably the most relevant question was posed by Representative Ron Sutton, “ What is the purpose of this bill... what does it do...  why has it been brought before the legislature?”

Many other members of the committee had relevant questions and critical points, but I’m unable to remember all the events of the meeting.  After extensive discussion a motion was made to give the bill a favorable report and send it back to the House for a vote.   The vote on the motion was 11 to 8 against a favorable recommendation.  So, for now, the bill has been retired.  It is unlikely that it can be revived during this session, but I suspect we will see some form of this bill arise again in our near future.

Although we were there to testify on our issue, it was the ongoing communication with our legislators that turned the tide in our direction on this bill.  The members of our community who diligently contacted their elected officials and informed them of our concerns about this bill, and the dedicated members who came to Lobby day and brought our issues before their elected officials.  Thanks goes out to each of you for your part in this success.

Now would be a good time to contact members of the House transportation committee and thank them for their careful consideration of this bill.  The list below provides contact information for the committee members:

House Transportation Committee:

Chair

Rep. Carney                 Beckyc@ncleg.net                    919-733-5827

Vice Chairs

Rep. Coates                 Lorenec@ncleg.net                   919-733-5784

Rep. Cole                     Nelsonc@ncleg.net                   919-733-5779

Rep. Crawford             Jimcr@ncleg.net                       919-733-5824

Rep. Hilton                   Markh@ncleg.net                     919-733-5988

Rep. McComas            Dannym@ncleg.net                   919-733-5786

Rep. Williams               Arthurw@ncleg.net                   919-733-5906

Members:

Rep. Allen,                   Lucya@ncleg.net                      919-733-5860

Rep. Allred,                  Carya@ncleg.net                      919-733-5905

Rep. Blackwood,         Curtisb@ncleg.net                    919-733-2406

Rep. Braxton,               Vanb@ncleg.net                       919-715-3017

Rep. Brisson,                Williambr@ncleg.net                 919-733-5772

Rep. Cleveland,            Georgec@ncleg.net                  919-715-6707

Rep. Daughtridge,         Billd@ncleg.net                        919-733-5802

Rep. Daughtry,             Leod@ncleg.net                       919-733-5605

Rep. Dollar,                  Nelsond@ncleg.net                  919-715-0795

Rep. T. Harrell,            Tyh@ncleg.net             919-733-5602

Rep. Hill,                      Deweyh@ncleg.net                   919-733-5830

Rep. Killian,                 Rick@ncleg.net                        919-733-5886

Rep. Moore,                Timm@ncleg.net                       919-733-4838

Rep. Rapp,                   Raymondr@ncleg.net               919-733-5732

Rep. Steen,                  Fredst@ncleg.net                     919-733-5881

Rep. Stiller,                  Bonners@ncleg.net                   919-301-1450

Rep. Sutton,                 Rons@ncleg.net                       919-715-0875

Rep. Underhill,             Aliceu@ncleg.net                      919-733-5853

Rep. Wilkins,                Winkiew@ncleg.net                  919-715-0850

Rep. Wray,                  Michaelw@ncleg.net                919-733-5662

Rep. Wright                  Tomw@ncleg.net                     919-733-5754

Keep the Faith!

doc ski

Ask Me – Please!

Heads butt on helmets
Highway safety chief out of job

By WILL SENTELL
Advocate Capitol News Bureau
Published: Apr 8, 2008 - Page: 1A - UPDATED: 12:05 a.m.

The former executive director of the Louisiana Highway Safety Commission said Monday he was fired because he disagreed with Gov. Bobby Jindal’s push to repeal the states mandatory motorcycle helmet law.

Jim Champagne, who held his post for 12 years, said he was abruptly terminated March 25 and left six days later.

He played a key role in the 2004 push to enact the law, which requires all motorcycle operators and riders to wear approved helmets or face fines.

Champagne said his dismissal followed an earlier meeting with Timmy Teepell, the governor’s chief of staff.

”I was given absolutely no reason for my termination although I firmly believe the fact I refused to compromise my views on the helmet issue doomed me,” Champagne said.

Champagne said that, while Jindal has the right to name his own state highway safety leader, the action seems to run counter to the governor’s often stated vow to move away from old-style politics.

”It sends a terrible message to long-term state employees who perform their jobs with devotion and passion and can lose their jobs because they are not yes men,” he said.

Teepell did not respond to a telephone call and an e-mail requesting comment Monday.

The Louisiana Highway Safety Commission administers the state’s highway safety grant programs, including efforts to trim drunken driving.

The executive director often testifies on key highway safety bills in the Legislature.

Champagne, 63, said he was paid about $83,000 per year in his former post.

At least two bills are pending in the Legislature that would repeal the helmet requirements for adults.

Jindal favors repeal of  the mandatory helmet law as a freedom of choice issue.

The helmet requirement was enacted under former Gov. Kathleen Blanco, who pushed the measure in 2004.

That undid a 1999 law that required helmets only for those under 18.

Champagne said he got the news of his dismissal from State Police Superintendent Mike Edmonson, a former protégé when Champagne served in the State Police for 23 years and reached the rank of lieutenant colonel.

Edmonson is also deputy secretary of public safety, which oversees the highway safety commission.

”He was highly disappointed that I was not allowed to stay,” Champagne said of Edmonson.

Edmonson on Monday called Champagne an outstanding individual and praised his tenure as executive director.

”But a decision was made and I was in on that decision to move in another direction,” Edmonson said.

He said Champagne was not replaced because of his views on motorcycle safety helmets.

Edmonson said that, if the Legislature repeals the helmet law, State Police will still encourage motorcycle riders to wear safety helmets.

Melissa Sellers, Jindal’s press secretary, referred a call on Champagne’s comments to Edmonson.

Champagne said every state that repealed its mandatory helmet law showed an immediate increase in motorcycle deaths and injuries.

He announced in 2006 that motorcycle fatalities dropped 7.5 percent after Louisiana required safety helmets even though the number of riders rose by 7 percent.

Champagne noted he also served as executive director for former Gov. Mike Foster, who pushed for abolition of the state’s then-mandatory helmet law.

The new executive director is John LeBlanc, who worked for State Police for 26 years.

LeBlanc said Monday that will not take a position in the Legislature on the helmet issue but would wear one himself if he rode a motorcycle.

May is Motorcycle Awareness Month:  So What?

All across the nation, motorcycle rights activists are contacting elected officials, requesting they issue an “official proclamation” declaring May as Motorcycle Awareness month in their jurisdiction.   Several state Motorcycle Rights Organizations sponsor annual “safety-rallies” at their state-capitols to launch “Motorcycle Safety Awareness Month”.   The AMA and the MSF have created awareness videos, public service announcements, and offer free awareness-information-packets for bikers to use in motorcycle awareness campaigns.  The purpose of all these products and activities is to direct the attention of the motoring public onto the most vulnerable road users - motorcyclists.  May has been selected because this is a time when many riders are returning to the streets after a long winter sabbatical.

Is the promotion of “Motorcycle Awareness Month” a valuable use of our energy and time?   What about all of this safety and awareness stuff… is any of it worth our efforts?   Shouldn’t we be fighting for our rights?  What about that nasty helmet law that was passed during the 2007 legislative session.  Why waste time on this namby-pamby safety and awareness stuff… Why aren’t we storming the legislature, demanding they repeal this abominable violation of our right to ride free? 

The original (1970's) definition of the acronym “ABATE” is:  A Brotherhood Against Totalitarian Enactments.   We define Totalitarian Enactments as, laws established without the consent or consideration of the people.  The Boston Tea Party was prompted by a totalitarian act perpetrated upon the colonists by King George.  The Rally cry against King George, Taxation without representation, still serves as a shining example of the philosophical foundation of ABATE of the 21^st century.  To that end, CBA/ABATE remains actively involved in our government.  An important part of being involved is having an established message, along with organized methods and activities to share that message with our lawmakers. 

But times have changed since the initial formation of ABATE.  In the early 70’s we were rebounding from the social activism of the 60’s.  On any given weekend, large groups of enthusiastic zealots would rally on street corners in nearly every large city to demonstrate for their chosen cause.   Activism was a social activity; Friends, even soul-mates, were found (or made) within each small group of activists.  American’s had time on their hands and fire in their belly. 

The audience of the social revolution was also more naïve.  Lawmakers had time to devote to learning about and understanding the clear message of the few organized causes.  The attending bureaucracy was smaller and less sophisticated.  Fewer opposing political issues clouded the message of the activist.

In the 21^st Century, life in general is much more complicated.  Weekends are frequently spent at family events, participating in small group activities, or working part-time second jobs.  Social activities occur in large clubs, or at events organized by social groups.  Friends and lovers are found (or met) in a celebratory environment.  Americans are overworked and exhausted.  Many are so overwhelmed they require hand-held electronic planners to manage their time.

This condition is not unique to the average citizen; lawmakers are also frequently overwhelmed by the minutia-like messages sent from a multitude of special-interest activist groups.  The sheer volume of infinitesimal messages is confusing.  Add to that, the confusion created by overlapping (or conflicting) messages.  Lawmakers have come to depend on the expertise of their taxpayer funded professional advisors - “the bureaucracy” to inform their decisions. 

It is the nature of any bureaucracy to experience growth and expansion in developing solutions to problems in their area of expertise.  Bureaucracies are created to manage resources.   Control of the resource “purse-strings” provides power over the activities of the recipients of the resources.  These factors create a different venue within which motorcycle activist must attempt to exert their influence on our lawmakers.

The Big Picture: A Brief Example

The National Highway Traffic Safety Administration (NHTSA) was established as a separate organization within the Department of Transportation (DOT) in March 1970 to administer the Department's motor vehicle and highway safety programs.   NHTSA’s stated mission goals are to:  Save lives, prevent injuries and reduce economic costs due to road traffic crashes through education, research, safety standards, and enforcement activity.  

Under the authority granted by congress, the Secretary is authorized to issue, amend, or revoke rules and regulations as deemed necessary.  Using this authority, the agency has issued many federal motor vehicle safety standards (FMVSS).   In 1974, the agency issued the initial FMVSS 218, Motorcycle Helmets.   In 2007, the NC legislature elected to use FMVSS 218 compliance as the standard for motorcycle safety in our fair state.

As a subordinate unit of the US DOT, NHTSA commands a budget of $851 million (2009 budget request).  Within that vast budget, nearly $621 million is set aside for funding and administration of State highway safety grants.  Although, prohibited by congress from lobbying individual states the NHTSA is still able to influence the direction of safety programs by using subordinate agencies like the NC Governor’s Highway Safety Program, parallel agencies like the National Transportation Safety Board, or non-profit “professional” organizations like the American Association of Motor Vehicle Administrators.  

Although they have no statutory authority over these entities, NHTSA controls these agencies/organizations by limiting the types and directions of the Federal grant programs they authorize and award to individual states.  This creates a network of “political courtesans” all directing their efforts, and public resources, to the same agenda.  The agenda of NHTSA becomes the agenda of their subordinate, parallel, and associated agencies; thus it becomes the agenda of the recipients of their advice… our lawmakers.

 A Failed Approach to Motorcycle Safety:

For more than thirty-five years, bureaucrats and safety professionals have tried unsuccessfully to force motorcycles into an ill-fitting “one-policy-fits-all” approach to safety.  USDOT trend statistics clearly illustrate that in spite of the millions of tax-payer dollars being wasted on poorly designed research studies, and campaigns promoting helmet-use, motorcycle crashes, injuries, and fatalities continue to increase annually.  The evidence is clear: Crashes kill bikers. Conversely, Crash Prevention saves lives.

In spite of the overwhelming evidence of proven failure, the bureaucrats continue to throw good money after bad.  Rather than suffer the “inconvenience” of developing and evaluating alternative approaches to motorcycle safety, these career government employees have chosen to ignore the needs of a minor group of road users.  To add insult to injury, they use the continuing increase in fatalities (which is highly correlated with registration increases) to suggest a crisis in motorcycle safety, and then… blame the victims, thus, guaranteeing future funding for their ineffective approach to saving lives.  

A Pro-Active Approach to Motorcycle Safety

Fueled by the personal and painful experiences of this failed approach to motorcycle safety, biker activists concentrated our efforts on working with members of Congress to provide funding for the development and evaluation of alternative “Crash-Prevention” approaches to motorcycle safety.   In 2005, the US Congress determined that the “survive-the-crash” approach to motorcycle safety was broken.   In response to that recognition, the Congress passed, and President Bush signed into Law, the SAFETEA-LU (PL 109-59). 

Among other provisions, SAFETEA-LU provided special funding for eligible states to develop or improve motorcycle awareness and education programs.  At home in individual states, motorcycling organizations like CBA/ABATE of NC have worked closely with state DOT offices to implement and evaluate Motorist Education & Awareness, and Rider Education programs using the SAFETEA-LU funds directed toward this purpose. The state of North Carolina has received a total of $279,000 for the 2006 & 2007 fiscal years.  

The NC Governor’s Highway Safety Program has awarded several grants within the motorcycle community from these federal funds: one to CBA/ABATE of NC, to implement motorcycle awareness programs in high school Drivers’ Education programs, and one to the NC State Highway Patrol for the development of “NC Bike-Safe”, an on-road Motorcycle-Mentoring program led by Sergeant Mark Brown.  This year continuation proposals have been submitted, and new proposals are being prepared for programs to reduce the frequency of riding under the influence, and fund rider training in accident scene management. 

Since the passage of PL 109-59, motorcyclists nationwide have remained committed to reducing motorcycle crashes.  Individual motorcyclists and motorcycling organizations have contributed their own money to raise the “matching funds” required by SAFETEA-LU to implement the Motorcycle Crash Causation Study at the University of Oklahoma.   Once crash causes are identified, appropriate interventions can be systematically implemented to evaluate the effectiveness of pro-active approaches to crash prevention. 

These things take time.  Given sufficient time and resources, the evidence will clearly demonstrate that Crash-Prevention strategies save lives; However, finding fault with the existing system creates problems…

Ambushed by the Feds:

On February 14, 2008 US DOT Secretary Mary Peters submitted proposed legislation to the leadership of the US Congress to amend the language of SAFETEA-LU (PL109-59).  Secretary Peters proposes to change the language of the statute to authorize individual States to use funds under Section 2010 to “…promote the use of motorcycle helmets.”  Secretary Peters’ proposal is clearly an attempt to drag motorcycle safety back into the dark ages, and to hold motorcycle safety hostage to a failed safety paradigm.

For thirty five years, “professional-safety-experts” have wasted our tax dollars promoting safety helmet use, yet they have failed to reduce motorcycle fatalities.  The funding from the SAFETEA-LU legislation has been available for less than two years; yet, the bureaucrats have already lost patience with the approach proposed by the real motorcycle experts (motorcycle riders), and have launched an attack to reinstate their failed and corrupt policy.

This pre-emptive attack on the resources needed to develop and evaluate an alternative approach to motorcycle safety appears suspiciously like an attempt to impede the investigation for a more effective approach.  The success of any alternative approach would force bureaucrats to seek alternative justifications for future funding and could restrict the continued growth of their network.

If adopted, Secretary Peters’ proposed amendment will surely negate the progress being made in developing programs to reduce the frequency of motorcycle crashes.  This amendment will return motorcycle safety policy to an antiquated, dangerous, and failed “crash-mitigation” mentality.  The most obvious result of returning to this failed “bureaucratically-convenient” safety policy will be the continuation of the 35 year history of annual escalation of motorcyclist fatalities.

Response to Secretary Peters’ Proposal:

The Motorcycle Riders Foundation and the American Motorcyclist Association have both published Official Press Releases denouncing the actions of Mrs. Peters.  Several states, including North Carolina, have written letters of protest to Secretary Peters and to the leadership of Congress.  The CBA/ABATE State President, Randy Norris, has also written letters to each of our congressman in DC.  To review Mary Peters’ proposal and cover letter, and/or to review the CBA/ABATE responses to this threat, go to:  http://www.cba-abatenc.org/ and click on the “Who is Mary Peters…” link.

This is not a call to action for motorcyclists - it is currently only a proposal for consideration by congress, and is simply an idea that has been introduced.  The bill authorizing the raiding of SAFETEA-LU funds may never materialize, and if it does, we will be ready to intervene.  However, this proposal does demonstrate the lengths to which these powerful political appointees, and their staff of career government employees, will go to in their efforts to deprive us of our freedoms… all in the name of our own safety. 

A Brief Review & Summary:

I.  For thirty five years, motorcycle safety has been chained to an ineffective safety paradigm designed around the characteristics of enclosed vehicles.  The symbolic icon of this failed approach has been the motorcycle safety helmet.

II. Motorcycle rights activists, worked diligently to convince legislators of the need for developing an alternative approach to motorcycle safety, and have received funding for that purpose.   Though still in the early stages of development, motorcyclists have effectively turned the direction of motorcycle safety toward a more promising alternative.

III. The new approach is already under attack by the “good-ole-boy” network.  Rather than wait for effectiveness evidence, a powerful (well funded) bureaucratic network wants to cut off funding and resources for the study of an alternative approach, and return to the good-old-days of “throwing a helmet at the problem”. 

IV. Motorcycle Rights Organizations are registering your concerns with lawmakers on the state and national level; but they need support from the community at-large.  You can be a part of the solution.

So What?

The solution to the problem requires bikers to stand united against the advances of the misguided bureaucracy.  The answer includes firming up our message and delivering it at every opportunity.  The answer includes motorcycling experts sharing their knowledge with lawmakers and with the bureaucratic advisors.   The answer is sharing our message, and any part of it, with anyone at every opportunity.   That’s why it is important to participate in the “Motorcycle Awareness Month” campaign.

Your national and state motorcycle rights organizations have already registered concern, and are prepared to move forward with further measures as dictated by the situation.  Now it is time for individual bikers to stand-up, and let-loose the fire in their belly.  Although we may not be able to attend massive weekend protest rallies, each of us can contribute on an individual level in our own community.   We can start by helping to disseminate the small part of our message related to motorcycle safety and the need for others to share the road with us. 

What You Can Do

Talk to Your Community Leaders:

Contact your local elected officials (City Mayor and/or County Board of Commissioners) and ask them to issue a proclamation designating May as “Motorcycle Safety and Awareness Month” in your community.  A sample proclamation is available on-line at the official CBA/ABATE website:  http://www.cba-abatenc.org/ 

If you’re not sure how to contact your elected officials, visit (or call) your local board of elections, or contact your local CBA/ABATE chapter.   Find out what activities your local CBA chapter has planned for “Motorcycle Awareness Month.”   

When your local officials act; be there with all your friends and participate in the proclamation activities in your community.  

Take A Day Off  From Work on 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’s 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 legislature.

Senate Bill 375:  Amending Licensing Requirements for Motorcyclists.