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February, 2001

FEDS ENDORSE HEALTH CARE DISCRIMINATION

For the past several years, motorcyclists have rightfully believed that we had won the federally protected right to medical benefits from our health care providers in the event of an accident. But now, over four years since bikers from across the country successfully lobbied Congress to ban health insurance discrimination against motorcycle riders, new regulations released recently may actually have the opposite effect.

The original intent of the legislation, the Health Insurance Portability Act of 1996, was to protect employees from being discriminated against by being denied coverage ''due to their participation in activities such as motorcycling, snowmobiling, all-terrain vehicle riding, horseback riding, skiing and other similar activities,'' according to the Congressional Record from that time.

But on January 5, 2001, the three federal agencies involved in the rulemaking process to codify the legislation into federal regulations, released the new rules which appear to completely contradict the original Congressional intent.

While on one hand the regulations state that employers cannot refuse healthcare insurance on the basis of an employee's participation in legal recreational pursuits, on the other hand it allows health care benefits to be denied for injuries sustained in connection with those activities. In other words, according to the new regulations, your employer can't deny you insurance coverage because you ride a motorcycle, but the insurance carrier can refuse you coverage if you're involved in a motorcycle accident. Bikers from coast to coast worked hard to enact legal protections against insurance discrimination, and yet these new rules render all that effort meaningless.

However, with the new Bush Administration taking charge, and new agency heads appointed, perhaps the first order of business for the new Congress should be to address the situation and correct this grievous error. We encourage concerned riders to contact your Congressional representatives and urge them to take corrective action.

To contact members of Congress, call the Capitol Telephone Exchange at (202) 224-3121.
NATIONAL COALITION OF MOTORCYCLISTS (NCOM)

EPA TO TARGET MOTORCYCLE EMISSIONS

The Feds are drawing a bead on motorcycles, and will soon tighten emissions standards for street bikes and impose standards for dirt bikes, which are currently unregulated at the federal level.

The Environmental Protection Agency is expected to follow California's lead in both sets of standards, reports the San Francisco motorcycle publications CITY BIKE.

Along with bikes, snowmobiles, marine engines and industrial engines such as those used in forklifts are expected to come under scrutiny in the coming months.

In a November document called an Advance Notice of Proposed Rule Making, the EPA puts forth their case for regulating machines hitherto untouched. On page 3 of the document, it is proposed that while they're at it, they may as well tighten standards for street bikes too.

There seem to be two reasons: 1) It hasn't been done in a while (''current standards were established more than 20 years ago''); and 2) California recently did it (''California recently adopted new standards for highway motorcycles and new standards have been proposed internationally''). Then, in a remarkable attempt at sugar-coating the bitter pill of government regulation, the agency suggest that the coming restrictions of both street and dirt bikes might actually help the industry. ''There may be opportunities to reduce emissions in a way that also allows manufacturers to benefit from harmonized requirements, which may reduce product lines and production costs.''

Why this pie-in-the-sky nonsense would work at the national level when it failed so utterly in California is not made clear. Certainly, the EPA knows what a fiasco the California regulations were, and are: The document acknowledges that ''...a lack of certifiable product from manufacturers was reportedly creating economic hardship for dealerships. The number of certifiable motorcycle products was particularly inadequate.'' The EPA is soliciting comments at nranprm@epa.gov.

CALIFORNIA BIKER ''STICKS IT'' TO SUV'S

For four months, it's been hunting season for a pair of mischievous middle-aged men in the Bay Area, according to a December 26, 2000, ASSOCIATED PRESS article written by Karen Gaudette. ''Their prey is the far-from elusive sport-utility vehicle,'' she writes. ''As a weapon, they use a bent toward civil disobedience and some strong glue.''

Charles Dines, a construction worker who rides a BMW motorcycle, and Robert Lind, who runs a deer-repellent business, have scampered all over the region to smooth homemade bumper stickers onto hundreds of SUVs - the vehicles they love to hate.

Dines came up with the idea after several chats with Lind about their shared scorn for SUVs. He likens it to the public pillories of old, where offenders were exposed to public shame.

Their motivation? They say they're tired of watching SUVs suck down fuel at gas stations and flood rear-view mirrors with blinding headlights at night. But mostly, the ''mad taggers'' are mad about the SUVs' impact on the environment.

''We look at the bumper sticker as a way to punish these people,'' said Lind, who drives an old BMW car. "They think their status trinket is more important than the environment we all share.''

The black-and-white stickers exclaim, ''I'm changing the environment! Ask me how!''

Naturally, the taggers' victims usually don't agree, and tagging cars with their stickers could be construed as vandalism, a misdemeanor. Lind says the facts about SUVs make the risk worth it.

Drivers bought 2.8 million SUVs in the United States through November 2000, about 17 percent of all vehicles sold. Sales are up 4.6 percent from last year, according to Ward's Automotive Reports. According to the Environmental Protection Agency, average fuel economy in the SUV, van and pickup category is just over 18 mpg, compared with 23.6 mpg for cars. And some SUVs also have less stringent federal emissions standards, since they are classified as trucks. Carl Calvert, editor of the magazine TODAY'S SUV says, ''There's always a certain faction that's going to be looking at the negative attributes of SUVs.'' But he adds, ''I think you can look at any automotive vehicle and see negative aspects.''

Lind maintains that most SUVs are bought for status, not utility. ''Our goal is to attach enough social shame and ostracism to an SUV so that perhaps we'll change public opinion,'' he said.

TAXMAN MAY SOMEDAY RIDE WITH YOU

One day, perhaps, every vehicle on the road will be equipped with a computer that uses satellite technology to record every mile you drive, and in which states and on which roads. Then the government will use that information to tax you for your driving. That day could be just five to 10 years away, according to an article by Larry Sandler in the MILWAUKEE JOURNAL SENTINEL, as Wisconsin has joined eight other states and the federal government in paying for an $800,000 study of whether such a system could be created to replace the gas tax. Although this Orwellian concept is plagued with privacy concerns, they're pressing ahead with the study, because they fear the growth of alternative-fuel cars could mean the end of the road for the gas tax. As a side benefit, they say the system would give every driver a satellite navigation unit and a way to call for help in an emergency. Such a system also could lower gas prices, eliminate toll booths and allow businesses to build and run highways, added David Forkenbrock, one of the researchers leading the 2 1/2-year study.

Much of the technology already exists, in the form of the global positioning system units that have started to appear in cars. With GPS, a small computer in your vehicle can use satellite signals to pinpoint your location anywhere in the world, then find that location on a map and provide directions to any destination.

With the maps in the GPS unit's database, the on-board computer could keep a record of how many miles each car or truck traveled on each road in each state. Drivers could be required to periodically download that data to a government computer network, perhaps at terminals installed in gas stations, claims the article.

Then a central government clearinghouse would analyze the data and mail all drivers bills assessing them a Wisconsin tax for miles driven in Wisconsin, an Illinois tax for miles driven in Illinois, etc. Some states might charge different rates for driving on interstate highways, local streets or other types of roads.

Because people are traveling on public roads in full view of everyone, gathering this information ''is really not much of an invasion of privacy,'' Forkenbrock said.

WHAT A BARREL PRODUCES

One barrel of oil holds 42 gallons of unrefined crude oil. According to the AMERICAN PETROLEUM INSTITUTE, from those 42 gallons we get 19.5 gallons of gas, 9.2 gallons of heating oil/diesel fuel, and 4.1 gallons of jet fuel. The remainder produces asphalt, tar, kerosene, and other fuels and lubricants.

Oil provides 40 percent of the energy we use and 97 percent of our transportation fuels.

Total oil under the U.S. is estimated to exceed 200 million barrels, or about 70 years worth of consumption at present levels. American motorists pay nearly 43 cents per gallon in taxes.

MICHIGAN PASSES LAW TO LIMIT MOTORCYCLE CONFISCATIONS

Michigan Governor John Engler signed a bill on January 5, 2001, that will prevent police agencies from withholding a motorcycle longer than 30 days after it is confiscated. The motorcycle confiscation bill (SB1012) provides for safe and secure transportation and storage from the time the bike is picked up by any police agency (if the bike gets damaged the bill has provisions for penalties). The police then have 30 days to return the bike to the owner or face penalties, court costs and actual attorney fees (if an attorney was required to get the bike back.

This bill will help prevent the police from taking a bike just to harass and detain bikers and then keeping the bike for years without cause. Senator Mat Dunaskiss (R) sponsored the bill at the request of Angel (Communications Director) ABATE OF MICHIGAN, Inc. ''I sure hope other states can use this too,'' said Angel, ''We are all in this together and we don't always live or ride in the same state all of our lives.''

SPANISH BAN ON MOTORCYCLE TRAILERS BROUGHT BEFORE COURT The European Commission (EC) has decided to bring Spain before the Court of Justice because it considers that Spain's absolute ban imposed on motorcycles towing trailers is an unjustifiable barrier to the free movement of goods and persons between Member States of the European Union.

The EC, while sharing the Spanish authorities' concern for road safety, which was cited as justification for the ban, considers that road safety can be achieved by measures which are less trade-restrictive. For example, other Member States impose maximum speed limits on motorcycles with trailers or set maximum trailer dimensions or weight limits on the load which the trailers may carry.

After Denmark, where the trailer ban was lifted in June 1998 thanks to the efforts of the FEDERATION OF EUROPEAN MOTORCYCLE ASSOCIATIONS (FEMA), Spain is the only country imposing this type of ban. According to FEMA, this causes a lot of problems for many touring motorcyclists with trailers who are traveling between southern countries, all of which allow trailer use.

SIDECARISTS SOMETIMES OVERCHARGED AT TOLL BOOTHS ''Back in the 70's in response to statements from our members, we found that many tollways, toll bridges, toll tunnels, turnpikes, etc., were charging sidecarists up to 50% MORE than the driver of a heavy two axle limo or pickup truck,'' E-mailed Hal Kendall of the UNITED SIDECAR ASSOCIATION.

''Over a period of about five years we worked consistently to bring about a uniform and fair toll not to exceed the rate for a passenger car,'' said Hal. ''We thought we had all tollways in line but it seems that on occasion some will charge a sidecarist as a three axle vehicle.''

The latest, says Hal, was the Harris County Toll Road in Houston. Upon receipt of Hal's letter requesting clarification of their rates, Mr. Bernard Koudelka, Executive Director responded that they will address this issue with all their collection personnel and to charge sidecarists at their private passenger 2-axle rate.

Please note that should any sidecarist be charged at a three axle rate for their sidecar to pay the rate requested, to obtain the name & number of the collection agent, the number of the booth, the exit name, the date, time, and direction, and if possible, to get a phone number or address of the tollway concerned. Then send it to Hal Kendall at hal-kendall@worldnet.att.net for analysis and to get the authority to reverse its overcharging policy.

Do not hassle the tollway collection agent. Also, if you're pulling a trailer, expect to be charged the 2-axle rate, plus an additional axle for the trailer. But protest if you are charged for axles, says Hal.

THOUGHT FOR THE DAY: ''For the saddest epitaph which can be carved in memory of a banished liberty is that it was lost because its possessors failed to stretch forth a saving hand while yet there was time.'' JUSTICE GEORGE SUTHERLAND, 1938