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NCOM BIKER NEWSBYTES
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists (NCOM)
 
CONGRESSIONAL COMMITTEE APPROVES BILL TO PROTECT HEALTH INSURANCE FOR RIDERS
On March 4, by voice vote, the House Energy and Commerce Committee passed
bipartisan legislation to strengthen health insurance coverage for injuries
incurred while participating in legal recreational and transportation
activities, such as motorcycling, riding ATVs, snowmobiling and horseback
riding.
 
"This bill requires health insurance companies to be up front and honest
with their policy holders when limitations or restrictions are placed on
benefits," said Rep. Bart Stupak (D-MI) who introduced the measure with Rep.
Michael Burgess (R-TX).. "Many Americans are unaware that their health
insurance may not cover injuries resulting from certain recreational
activities because their policy is unclear or overly broad."
 
H.R. 1253, the "Health Insurance Restrictions and Limitations Clarification
Act of 2009", would establish new disclosure rules requiring health
insurance plans to provide a description of limitations and exclusions in
their policies.  Specifically, the bill requires that coverage exclusions
must be "explicit and clear" and that they must be disclosed to plan
sponsors in advance of the point of sale.  The bill further requires that
plan sponsors and insurers must disclose such coverage exclusions to
enrollees "in a form that is easily understandable" both before enrollment
and upon their enrollment at the earliest opportunity that other materials
are provided.
 
In January 2001, a rule was issued that created an inadvertent loophole in
the Health Insurance Portability and Accountability Act (HIPAA). Because of
the way the rule was written, it has allowed insurers to deny health
benefits for a covered injury resulting from participation in recreational
activities such as skiing, horseback riding, ATV riding, snowmobiling and
motorcycling.
 
In many situations the exclusions are unclear or overly broad, creating
confusion for individuals who may ride motorcycles, horses, snowmobiles,
ATVs or participate in other legal activities that could result in an
injury.
 
"Passing this straight forward legislation would protect those across the
country who ride motorcycles, horses, snowmobiles, ATVs or participate in
other recreational activities from being caught by surprise," Stupak said.
 
Stupak is a senior member of the House Energy and Commerce Committee, which
has jurisdiction over health policy. H.R. 1253 awaits consideration by the
full House of Representatives, which previously approved the legislation in
September 2008, but the bill was not considered by the Senate in the 110th
Congress.
 
KIDDIE BIKE BAN COULD COST BILLIONS
The new lead-content rules that have banned the sales of many youth
motorcycles and all-terrain vehicles could cost the industry over $1 billion
in lost economic value this year, predicts the Motorcycle Industry Council.
Last year, more than 100,000 of the youth-oriented vehicles were sold.
Today, more than 13,000 dealers nationwide are stuck holding onto millions
of dollars in inventory as the off-road industry now finds itself crippled
and rather confused in the destructive wake of the CPSIA in an already harsh
economy.
 
Motorcycle dealers across the country are fuming, saying the ban couldn't
have come at a worse time, making sluggish sales in a tough economy even
tougher.  Powersports manufacturers are advising their dealers to pull the
banned models off the sales floor or risk heavy fines under the Consumer
Product Safety Improvement Act of 2008, which went into force February 10th.
 
Intentionally or otherwise, the CPSIA has effectively banned the production,
importing and sale of kids' motorcycles and ATVs because certain parts of
the vehicles unavoidably contain more lead than is deemed allowable on
children's products - for instance, on the battery terminals, brake
components and valve stems - and the CPSC has interpreted this to mean that
OHVs (off-highway vehicles) present a lead-poisoning threat to children 12
and under. Not only can they not sell the new vehicles, but they're not even
allowed to sell parts for them!
 
Dealers from every corner of the country and other concerned individuals
have flooded the CPSC and Congress with calls, e-mails and more than 100,000
letters complaining about the new law and urging support for exclusions from
the act for powersports vehicles, parts and accessories.
 
They claim in part that the lead present in their products pose no health
risk to children because the only interaction would be by hand, not mouth,
and that a toxicologist study reveals that exposure is substantially less
than the intake of lead from food and water.
 
UTAH MAY REWARD HELMET WEARERS
In a unique and interesting twist to mandatory helmet laws, the state of
Utah is considering a bill that would reward riders who break the law while
wearing a helmet.
 
The House Transportation Committee unanimously approved a proposal from Rep.
Ronda Rudd Menlove (R-Garland) that would knock $10 off of the fine for
motorcyclists cited for traffic violations if they are wearing a helmet at
the time.
 
"Instead of just punishment, why not give an incentive for people to use a
helmet?," Menlove told the Standard-Examiner newspaper.
 
The committee also unanimously tabled a bill that would mandate helmet use
for all riders in Utah's largest cities.&nb sp; Additionally, the measure
would have increased the age limit at which motorcycle riders in Utah are
required to wear helmets from 18 to 21; require anyone riding with a
passenger under 21 to wear a helmet; and require riders of any age operating
on a learning permit to wear a helmet.
 
A contingent of bikers came to the committee meeting to voice their
opposition to the bill. Eric Stine, education coordinator for ABATE Utah,
said the focus of motorcycle safety should be on educating the public about
watching for motorcyclists while driving. "We believe in accident
prevention, not safer crashes. Many sports and activities are more dangerous
than motorcycle riding. We will never be able to legislate the risk out of
living."
 
SHOW-ME FREEDOM
Missouri is the latest state looking to give adult motorcycle riders the
choice of wearing a helmet while riding. The Missouri Senate has endorsed
legislation that, if signed into law, would repeal their decades-old helmet
law and allow motorcyclists 21 and older the option to ride without a
helmet.
 
Many feel the bill stands a good chance of passing because Senators this
year tacked the helmet provisions onto a larger bill regarding motorcycle
insurance. The bill, sponsored by State Senator Luann Ridgeway of District
17, was approved with little debate and is expected to pass easily in the
House, whic h generally has been more receptive to efforts to repeal helmet
requirements for adults. According to Freedom of Road Riders (FORR-MO), a
non-profit motorcyclists' advocacy group, the change in legislation would be
a welcome one.
 
In the meantime, several other states are reviewing motorcycle helmet laws,
including Arkansas where a proposal to require motorcyclists to wear a
helmet or carry thousands of dollars in health insurance failed to make it
out of committee.
 
Senate Bill 29 by Sen. Kim Hendren (R-Gravette) would have compelled
motorcyclists to provide proof of at least $10,000 in health insu rance
coverage if they opted to not wear a helmet, but the proposal failed to get
a motion recommending its passage and died in the Senate Transportation,
Technology and Legislative Affairs Committee.  Legislators were overwhelmed
by calls to committee members from motorcycle enthusiasts, lead by ABATE of
Arkansas, who argued that the measure would unfairly target them, negatively
impact tourism, and would drive business away from the state's motorcycle
dealers.
 
In Nevada, Assemblyman Don Gustavson (R-Sparks) has introduced AB300 to
repeal state law which has mandated helmet usage since 1971. In seeking to
modify current law to allow choice for motorcyclists 21 years or older with
at least one year experience, Gustavson is citing studies which prove that
mandated helmet laws injure the economy while doing little to increase
safety. Using California as an example, Gustavson said the death rate was 2%
higher after passage of mandated helmet usage, while revenues continually
declined due to loss of registration fees and sales taxes from weakened
motorcycle sales. "Our neighbor suffered a 26% drop in new motorcycle sales
in 1992-93 after passage of their mandatory helmet law resulting in job loss
and costing the state nearly $17 million in lost tax & fee revenue."
 
Gustavson said that tourism will increase in Nevada after the law is
modified. Using Pennsylvania as an example, Gustavson pointed out that
"Thunder in the Valley" saw attendance jump from 70,000 to over 100,000 the
very first year after their law was modified.
 
Gustavson also emphasized that repeal of current law will add jobs and
multiply revenues to Nevada through additional sales and payroll taxes
without increasing any new fees or taxes. After Florida reformed their
helmet law, motorcycle sales jumped 143% in Florida in five years generating
$166 million in sales tax revenue.
 
Last November, Assemblyman Gustavson was selected by the NCOM Board of
Directors to receive the Silver Spoke Award for Government at the upcoming
NCOM Convention, May 7-10, 2009 at the Nugget Casino & Resort in Reno,
Nevada. For more information, call the National Coalition of Motorcyclists
at (800) 525-5355 or visit www.ON-A-BIKE.com.
 
RIDE SMART - MOTORCYCLES IMPROVE BRAIN FUNCTION
Riding motorcycles helps keep drivers young by invigorating their brains,
the scientist behind popular "Brain Training" computer software said
recently, citing a new scientific study.  "The driver's brain gets activated
by riding motorbikes" in part because it requires heightened alertness,
Japanese neuroscientist Ryuta Kawashima said after his research team and
Yamaha Motor conducted a string of experiments involving middle-aged men.
 
"In a convenient and easy environment, the human mind and body get used to
setting the hurdle low," he warned. "Our final conclusion is that riding
motorcycles can lead to smart ageing."
 
Kawashima is the designer of "Brain Training" software, which incorporates
quizzes and other games and is available on the Nintendo DS game console
under the name "Brain Age".
 
A self-professed motorcycle fan, 49-year-old Kawashima cited a new study
conducted jointly by Yamaha and Tohoku University, for which he works.
 
One experiment involved 22 men in their 40s and 50s who held motorcycle
licenses but had not operated a cycle for at least a decade. They were
randomly split into two groups, with one asked to resume riding motorcycles
in everyday life for two months, and another that kept using bicycles or
cars. Kawashima says research showed the motorcycle-riding team demonstrated
improvements in memory, space recognition and other functions of the
prefrontal area. The area covers memory, information processing and
concentration functions.
 
"The group that rode motorbikes posted higher marks in cognitive function
tests," Kawashima said.
 
In a test requiring the men to remember a set of numbers in reverse order,
the riders' scores jumped by more than 50 percent in two months, while the
non-riders' marks deteriorated slightly, he said.
 
The riders also said they made fewer mistakes at work and felt happier.
 
"Mental care is a very big issue in modern society," said Kawashima. "I
think we made an interesting stir here as data showed you can improve your
mental condition simply by using motorbikes to commute."
 
In 2003, Kawashima authored "Train Your Brain: 60 Days to a Better Brain".
More recently, he teamed with Toyota to help develop intelligent cars
designed to help seniors drive safely.
 
SMOG CHECKS MAY INCLUDE MOTORCYCLES
SB 435, introduced by California State Senator Fran Pavely (D-Beverly
Hills), would include motorcycles in the state's Smog Check Program.  In a
review of the Smog Check Program, the California Inspection and Maintenance
Review Committee's recommendations included "implement a non-loaded mode
biennial Smog Check inspection on motorcycles."
 
In a brief explanation of their strategy, the report states:
"Inspection of Motorcycles: Include motorcycle inspections as part of Smog
Check. Studies indicate that motorcycles are subject to high rates of
exhaust system tampering which subsequently increases the vehicle
emissions."
 
Existing law exempts motorcycles from inspection "until the department
implements test procedures applicable to motorcycles," which the legislation
seeks to accomplish. If passed the new emissions law would require
motorcycle owners in California to get Smog checks for their motorcycles
once every two years. The law would take effect January 1, 2012 and cover
all on-highway motorcycles model year 2000 or newer.
 
Opponents say the bill is simply a thinly veiled attempt to levy yet another
fee to offset the states record budget deficit and point to a recent raid of
the OHV trust fund of $90 million dollars for non-OHV related expenditures.
The bikes potentially affected are in fact the cleanest in the nation,
having already been required to meet the stricter California CARB emissions
standards years prior to similar requirements being adopted nationally by
the federal EPA. 
 
For a long time the Golden State has been granted special waivers from the
Environmental Protection Agency to enact stiffer emissions regulations for
autos and motorcycles. During the Bush administration, a dozen other states
requested EPA waivers to increase their own regulations to match
California's, but were denied.  It is expected that the new Obama
administration will reverse this decision, which may lead to variable
emissions rules from state to state for automobiles, and potentially for
motorcycles.
 
QUOTABLE QUOTE: "Twenty years from now you will be more disappointed by the
things you didn't do than by the ones you did. So throw off the bowlines,
Sail away from the safe harbor. Catch the trade winds in your sails.
Explore. Dream."
Mark Twain (aka Samuel Clemens,1835-1910), American writer & humorist