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January, 2001

NATIONAL MOTORCYCLE SAFETY REPORT UNVEILED...

Helmet Laws Neither Supported Or Opposed ''Motorcycle Makers Press for New Safety Studies: Anti-helmet Lobby Claims Victory As Recommendations Stop Short of Calling For Tougher Regulations,'' proclaimed the headline on the front page of the LOS ANGELES TIMES December 9 Business section.

The article goes on to say that ''In a victory for the vocal anti-helmet contingent among the country's 5.7 million motorcycle owners, a long-awaited government-industry report released Friday, December 10, stops short of recommending new safety legislation.''

Indeed, while the 110-page National Agenda for Motorcycle Safety, compiled by the National Highway Traffic Safety Administration and the manufacturer-sponsored Motorcycle Safety Foundation, does contain favorable references to helmet laws, it stops far short of recommending such legislation.

''In order to maintain harmony between the groups interested in motorcycle safety, the National Agenda for Motorcycle Safety has consciously refrained from making any legislative recommendations, including any regarding mandatory helmet laws. This exclusion should not be interpreted as support for, or opposition to legislative initiatives,'' states a disclaimer in the NAMS report.

''This language,'' says Times columnist David Colker in the article, ''reflects the influence of organized rider groups that have lobbied against many motorcycle laws, especially those concerning helmet use.'' Colker continues, ''Members of motorcyclists rights groups were grateful that no suggested legislative measures were included. At a news conference, Bill Bish of the National Coalition of Motorcyclists thanked the panel that produced the report for 'hearing our voice'.''

NHTSA Deputy Director Rosalyn Millman said the federal agency will use the report to guide future motorcycle safety policy.

''Helmets were the toughest issue,'' NHTSA spokesman Rae Tyson told the Times. ''We had to recognize that there are a number of different ways in addition to legislation of increasing helmet use. We are not saying that one is necessarily better than another.''

Key recommendations are that programs be developed to discourage the mixing of cycling with alcohol and drug use, the increased use of effective helmets and educating motorists to make them more conscious of the presence of motorcycles.

MINNESOTA A.I.M. ATTORNEY WINS RULING AGAINST
GANG STRIKE FORCE

In what is believed to be the first time bikers have successfully gone head to head with the Minnesota Gang Strike Force, the Law Offices of Stephen R. O'Brien succeeded in obtaining judgment in favor of Michael Kanne and the Minnesota Motorcycle Club Coalition (Confederation of Clubs).

Kanne and the MMCC sued the strike force on October 5, calling a search this summer at Kanne's St. Cloud apartment illegal. Kanne, a member of the Christian motorcycle club Bond Slaves, is Secretary for the MMCC and has no criminal record. Seized were various items of personal property as well as three computers, dozens of disks and tapes, club mailing lists and other items belonging to the Coalition.

Kanne's lawyer, Minnesota Aid to Injured Motorcyclists (A.I.M.) attorney Stephen R. O'Brien filed a Notice of Motion and Motion for the return of all property and the unsealing of the supporting affidavit, the document which justifies the signing of the search warrant.

''By refusing to divulge the supporting affidavits, the government has shown no justification for the search,'' according to O'Brien, who has served as legal counsel for the MMCC since its inception.

At a hearing on November 9, 2000, Judge Bernard Boland ruled in favor of Mr. Kanne and the Minnesota Motorcycle Club Coalition, immediately ordering the return of all property seized during the search. The judge also ruled that the supporting affidavit justifying the search warrant had to be disclosed. This may enable O'Brien to bring a 1983 Federal lawsuit against the Minnesota Gang Strike Force.

O'Brien recently sued a Crystal, Minnesota bar for refusing service to a biker, and was awarded a $720.00 judgment in what is thought to be the first legal test of Minnesota's newly enacted Equal Access biker anti-discrimination law.

Once again he has gotten a ruling which favors Minnesota bikers, and for his tremendous efforts over the years Stephen R. O'Brien was selected by the National Coalition of Motorcyclists board of directors to receive the NCOM Silver Spoke Award for Legal at next year's NCOM Convention in Orlando.

MASSACHUSETTS CONSIDERS ''NELLY'S BILL''

A bill to put ''motorcycle awareness'' programs in the high school and private driver education training classes has been filed by State Representative Bradford Hill, reports the MMA of Massachusetts.

''It will be referred to as 'Nelly's Bill,' in memory of Nelson Selig, Sr.,'' announced Representative Hill.

Selig, a 38 year old father of two from Ipswich was killed earlier this year while riding his motorcycle when a teenage driver crossed the center line and hit his motorcycle head on.

''With this bill we hope to bring greater awareness of the more than 100,000 motorcycles on the roads of the Commonwealth each year,'' said Hill, ''and prevent some senseless tragedies.''

Rep. Hill continued, ''according to the Registry of Motor Vehicles, over 177,400 teenagers are currently licensed. In the formal driver training schools, no mention is made of motorcycles on the road. This bill would require about two hours of motorcycle awareness programs.'' ''Even for experienced drivers, motorcycles are difficult to see if we're not looking for them. Their speed is tough to judge. It's time we recognize they are on the roads, and we promote more 'awareness' and everyone 'checking twice,' looking out for them during the season,'' said Hill.

A CHILD ON THE BACK OF A MOTORCYCLE: FUN OR FOLLY?

In an October 23 column in the Washington Post, a horrified woman told of seeing a small child hanging on to a man's coattails as a motorcycle sped up the interstate at 70 mph.

Apparently the article prompted numerous responses, including this one: ''Dear Dr. Gridlock: After reading your letter regarding the child on the back of the motorcycle, Maryland Delegate Jean Cryor (R-Montgomery) has pre-filed a bill for the 2001 legislative session that would prohibit a child under the age of 12 from riding on the back of a motorcycle.''

RIOT SQUAD USES TEAR GAS ON STUFFED TOYS

Police have ruined 700 toys due to be given out to needy children on Christmas, by covering them with tear gas during training.

ABC News reported that officers in Clarksville, Tennessee, who were taking part in a tactical exercise, rolled a canister of tear gas into the warehouse that was storing the gifts, which were collected and donated by the Bikers Who Care group.

They thought the chemical would harmlessly disperse into the air, but it settled on the toys instead, making them unsafe.

All attempts to save the collection failed, and police worked with a local toy shop to replace the gifts.

SENATOR CAMPBELL TRADES HARLEY FOR MACK TRUCK

U.S. Senator Ben Nighthorse Campbell did most of the driving of the Mack truck that hauled the nation's Holiday Tree from his home state of Colorado to the U.S. Capitol in Washington, D.C. Campbell, well known for riding his Harley-Davidson and speaking out for bikers' rights in Congress, has a Commercial Driver's License and practiced his driving by transporting various tractor-trailer loads for several companies acr oss Colorado.

GERMAN TEEN CAUGHT IN 75MPH MOPED DASH

A teenager who spent all his time souping up his moped has been caught by the police on his first drive through town after reaching 75mph. The 15-year-old German boy had spent all his money and most of his time working on the moped and had managed to power the machine up to more than 70mph. In a dash through his hometown of Leverkusen, the schoolboy reached 75mph before being stopped by police who say he was doing thre e times the speed limit, as well as making a huge noise. He claimed that the speedometer only went up to 40mph and he had no idea he was going so fast.
From STEVE GARCIA'S ''Stuff'', ABATE OF CALIFORNIA

JAPANESE TV STATION SUED FOR STAGING BIKER RAMPAGE

An imprisoned motorcycle gang leader filed a 23 million yen damages suit against an Osaka TV station on December 1, claiming he was sent to prison for a reckless driving incident that was staged for a program by the broadcaster.

The 22-year-old man filed the suit with the Osaka District Court against TV Osaka Co., the program's director and others, claiming he was convicted of violating the Road Traffic Law because he organized and took part in the nighttime biker rampage in summer 1999 at the request of the director. Lawyers representing the plaintiff claimed he is serving a prison term because he had found the request very difficult to refuse.

The lawyers also said TV Osaka violated ethics and rights-protection rules of the National Association of Commercial Broadcasters by shooting a program that covered ''a crime whose scale and time were prearranged.'' According to the suit, the motorcycle gang leader, who was not identified, was asked by the unnamed director to arrange a group ride in July and August 1999 that would be covered by the TV crew.

The man, who was on probation at the time for an earlier reckless driving conviction, accepted the request despite misgivings and asked another motorcycle gang to take part, according to the suit.

The TV crew shot the cyclists' wild and noisy nighttime jaunt, in which the plaintiff took part, in August 1999 and broadcasted it the following month. The man was later arrested and received a four-month prison term in May. He is still in jail because his probation on the previous conviction was revoked.

Police also turned over to prosecutors their case against the TV director, alleging that the director encouraged the bikers to violate the traffic law, but the Osaka District Public Prosecutor's Office decided not to file charges.
THE JAPAN TIMES

WILLPOWER DRIVES ARMLESS THAI MECHANIC

Gontong Puntaeng was born with just small stumps for arms, but if you need your motorbike fixed he comes well recommended.

The largely self-trained Gontong has fixed hundreds of motorbikes with his feet in the past 10 years in Thailand. Before that, he spent five years repairing bicycles.

''After several years of carefree youth, I quit wasting time and decided to get a job by training myself to fix pushbikes,'' the 37-year-old mechanic told REUTERS reporter Nopporn Wong-Anan from his grease-flooded workshop in Suphanburi province, 120 km (75 miles) northwest of Bangkok.

His garage shop is a tin-roofed one-story shelter in which half the space is taken up as a living area for Gontong and his family. ''I turned to repair motorcycles because I thought it would give me more money.''

Gontong has perfected the use of his feet to tighten even small screws or use an electric saw without assistance.

He says he learned his trade from scratch but was helped by a 10-day tutorial on mechanics run by a government-run vocational center. ''I once disassembled almost every part of a motorcycle and put them back together.''

His monthly earnings are not large, even by Thai standards, but enough to look after himself and his mother.

` ''There have been good and bad days, but on average I make around 1,500 baht ($40) a month,'' he said.

Handicapped and disabled people in Thailand usually get no special financial support from the government, although some go to special state schools.

Many handicapped people live with and are supported by their parents, while others end up selling government lottery tickets or begging in the street.

Gontong said his appearance sometimes deters potential customers at first.

''The first time people see me and how I look...they don't believe I could do the job,'' Gontong said while taking apart a metre-long plastic cover from a scooter frame with his toes.

''But when they see me working they have confidence that I can fix things, and many people from neighboring areas have started to bring their bikes to me as well.''

But Gontong doesn't just fix motorcycles -- he also rides one. He has a scooter which he modified to allow him to control the accelerator with his foot. He uses strings attached from the stumps of his arms to the handlebars to steer the scooter.

If he needs spare parts, he can ride off on his scooter to buy them in person.

He won three certificates from Thailand's Labour Ministry four years ago for his skill at repairing bikes and his ability to teach others. Gontong says he has no interest in taking up sport and competing in the next paralympics.

''But if there was a motorbike feet-fixing competition, I am sure I could win,'' he said with a smile.

Gontong says he is proud of what he does. ''Sometimes I feel discouraged and depressed, but when I think of myself again, I am proud to be able to perform my work and to see that many people respect what I do,'' he said.

THOUGHT FOR THE DAY: ''The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it.'' Albert Einstein