Legislative Update - April 2009

Compiled by Vinny Neuman – Legislative Coordinator CCCBA

State Issues:

- House Bill 839 – Helmet choice for riders over 21 years of age.  If you support freedom of choice for adult riders, please thank these five sponsors and ask your Reps to co-sponsor this bill.

Here are the Reps who we should thank:   Bill.Current@ncleg.net - Dewey.Hill@ncleg.net  - Pearl.Burris-Floyd@ncleg.net  - Mark.Hilton@ncleg.net  -  Efton.Sager@ncleg.net

Please also send an email or call the members of the Transportation committee and ask them to discuss and vote to pass HB 839 in the Transportation committee.

Becky.Carney@ncleg.net  Lorene.Coates@ncleg.net  Nelson.Cole@ncleg.net  Jim.Crawford@ncleg.net  Mark.Hilton@ncleg.net    Danny.McComas@ncleg.net  Arthur.Williams@ncleg.net  Lucy.Allen@ncleg.net Cary.Allred@ncleg.net  Curtis.Blackwood@ncleg.net  William.Brisson@ncleg.net  George.Cleveland@ncleg.net Leo.Daughtry@ncleg.net  Nelson.Dollar@ncleg.net  Phillip.Frye@ncleg.net Melanie.Goodwin@ncleg.net Ty.Harrell@ncleg.net  Sandra.Hughes@ncleg.net  Ric.Killian@ncleg.net  Nick.Mackey@ncleg.net

Grier.Martin@ncleg.net  William.McGee@ncleg.net  Tim.Moore@ncleg.net   Shirley.Randleman@ncleg.net Ray.Rapp@ncleg.net  Fred.Steen@ncleg.net   Bonner.Stiller@ncleg.net  Ron.Sutton@ncleg.net Jane.Whilden@ncleg.net   Winkie.Wilkins@ncleg.net   Michael.Wray@ncleg.net

- House Bill 696 - Motorcycle Awareness Month - This bill has been sent to the House Rules Committee.  Depending on the committee’s deliberations this bill may move forward as a Joint Resolution rather than a bill.  Contact your Reps and Senators to seek support for this proposal in its final format.

- House Bill 920 - No passengers under 16 years of age on a motorcycle.  Introduced by Rep. Van Braxton (Dem) from Kinston.   He’s an insurance agent.  CBA ABATE is opposed to this bill.

- House Bill 67 – Introduced by Rep. Nelson Cole (D) - This bill mandates that license tags be displayed horizontally. Some choppers have them vertically.  This will results in a class 2 misdemeanor offense if passed (NC G.S. 14-3.1 = $100 fine).   They want to make sure that traffic cameras get a good pic of the offender’s plate. Any covering or alteration of a license plate will fall under this new bill.

- Senate Bill 64 - Motorcycle learners’ permit changes (similar to last session’s bill) – Change the duration from 18 months to 6 months lessening the time someone has to learn to ride.  It also limits it to one renewal. This bill requires someone have a car drivers permit or license to get a motorcycle permit. This bill discriminates against motorcycle riders therefore, the CBA will oppose this bill.

- House Bill 166 – A bill to increase the allowable speed of a scooter or moped of less than 50 cc from 30 MPH to 50 MPH.  Introduced by Rep. Cary Allred (Rep) of Alamance County who just happens to own a moped and scooter retail store.  The CBA will support this bill as enabling mopeds to travel closer to the speed of traffic should reduce traffic congestion and reduce the chance that a rider will get hit by a passing car.

- House Bill 238 – Licensing moped riders – Rep. Melanie Goodwin (D-Richmond 66) who has introduced a bill calling for moped operators to be licensed. The bill says, “It shall be unlawful for any person who is 16 years of age or older to operate a moped ... upon any public street or highway of this State without being licensed as a driver pursuant to G.S. 20-1.”

If passed, it would become effective Dec. 1.

- House Bill 310 – Registration and insurance of moped  -  Introduced by Rep. Nelson Cole (D) moped operators will have to have insurance like car drivers and they will not be able to travel on roads with a higher speed limit than the recommended maximum speed declared by the manufacturer.

- Senate Bill 12 / House Bill 68 - BAN MOBILE PHONE USE WHILE DRIVING. Filed 1/28/09 by Sen Dannelly (D). TO MAKE USING A MOBILE PHONE OR ACCESSING ADDITIONAL TECHNOLOGY UNLAWFUL WHILE OPERATING A MOTOR VEHICLE ON A PUBLIC STREET OR HIGHWAY OR PUBLIC VEHICULAR AREA.

- Senate Bill 96/Similar to S-22 / House Bill 9 -  BAN TEXTING WHILE DRIVING. Filed 2/2/09 Sen. Forrester / Rep. Nelson Cole (D). TO MAKE IT unlawful to use additional technology associated with a mobile phone while operating a vehicle on a public street or highway or public vehicular area. Substantively identical to H 9, filed 1/29/09.

- Senate Bill 45 - OFF-ROAD VEHICLE TRUST FUND. Filed 2/3/09 by Rep. Weiss (D). TO REQUIRE ALL-TERRAIN vehicles and motorcycles that are used as off-road vehicles to be registered with the division of motor vehicles, to create a non-reverting revenue fund in the department of environment and natural resources designated as the off-road vehicle trust fund to be used to provide all-terrain vehicle safety training, acquire new lands, manage lands, and develop off-road vehicle parks, trails, and facilities, and to create a new off-road recreation program.

- House Bill 82 - INCREASE AUTO INSURANCE LIABILITY LIMITS. Filed 2/5/09 by Rep. Faison (D). TO INCREASE MANDATORY liability insurance requirements for motor vehicles and to make conforming changes to the general statutes. Amends relevant sections of GS chapters 20, 58, and 62 to increase mandatory liability insurance requirements from $30,000 to $75,000 for bodily injury to or death of one person in any one accident; from $60,000 to $150,000 for bodily injury to or death of two or more persons in any one accident; and from $25,000 to $50,000 for injury to or destruction of property of others in any one accident. Makes conforming and technical changes. Effective for policies issued or renewed on or after January 1, 2010.

- House Bill 118 - SPECIAL PLATE FOR BLUE KNIGHTS. Filed 2/10/09 by Rep. McComas (R)

- Senate Bill 368 - Various Changes in Motor Vehicle Laws - Require directional signals on motorcycles if originally equipped by manufacturer.

 

Federal Issues (Reported by the MRF www.MRF.org)

- MRF is holding a Federal Lobby Day at the US House of Representatives on Friday, May 15^th. More info to follow.

- Get the Lead out - The Consumer Product Safety Improvement Act, which went into effect February 10, 2009 is meant to protect children from lead-laden products, but unintended consequences of the new legislation are decimating the industry as thousands of motorcycle and recreation vehicle retailers across the country scramble to obey the federal law: all of them had to cease selling small off-road motorcycles and ATVs designed for kids, because according to a provision of the Act the machines are dangerous…not because a child might have an accident on the diminutive machines, but because if a child develops an appetite for the vehicle's brakes or battery terminals and decides to nibble on the ATV or motorbike, lead poisoning may result.   The ban encompasses some 19 models from just Yamaha, Honda, Kawasaki and Suzuki. The economic impact of the CPSC's ruling will be substantial for both dealers and manufacturers in an already weakened economy. The regulation takes an estimated $100 million worth of inventory off the sales floors of some 13,000 dealers immediately. It also impinges on manufacturers, makers of aftermarket equipment and everything from racetracks to distributors. Motorcycle riders, activists and enthusiasts are requested to contact their Congressional representatives and the Consumer Product Safety Commission (CPSC) and ask them to exclude youth model off-highway vehicles from the final rule governing the law.

- CPSC Outlaws mini-bikes for kids under 12 - Recently the Consumer Product Safety Commission (CSPC) announced that off-road motorcycles and all-terrain vehicles marketed to children ages 12 and under are now banned for sale in the United States. As you may already know the 110th Congress passed the Consumer Product Safety Commission Improvement Act which set limits on the amount of lead that products marketed to Americans 12 years old and under may contain. The MRF certainly agrees with the intent of the law which is to protect younger Americans from unknowingly being exposed to dangerous amounts of lead.  However, as with many things that come from Washington, this all out ban seems to be a case of unintended consequences. In order to correct this oversight legislation has been introduced. Congressman Denny Rehberg (R-MT) has introduced HR 1587 which would exempt the off-highway vehicles the CPSC has banned. The MRF does support HR 1587 and encourages its members to contact their representatives to cosponsor the important legislation.

- US House Bill 1253 – HIPAA loophole fix. – Forces insurance companies to tell you if they will not cover your medical expenses for injuries received in what they consider “dangerous” activities. (motorcycle could be one of them)  Passed the full House vote on April 2^nd. 

- Omnibus Public Lands Bill Passes: Despite widespread objection from AMA members, riders and the general public, and a previous failure of the measure in the House, Congress has voted to close more than 2 million acres of public land to off-highway vehicle (OHV) recreation. By a 285-to-140 vote, U.S. House Members on March 25 approved a bill that consisted of more than 160 individual pieces of legislation, in over 1200 pages and devastated access to public lands nationwide for off-highway motorcycles, all-terrain vehicles and all other motorized recreation. Following congressional maneuvering that breathed new life into the measure after it was defeated, the lawmakers approved amendments to H.R. 146, known as the Revolutionary War and War of 1812 Battlefield Acquisition Grant Program. This bill was formerly known as S. 22, the Omnibus Public Land Management Act of 2009.      

- Motorcycle Safety Month - Washington, D.C.: The U.S. House of Representatives Committee on Transportation and Infrastructure passed House Resolution 269, a bill entitled "Supporting the goals of a motorcycle safety month." The bill encourages all road users to be more aware of motorcyclists and their safety. In addition it encourages all riders to take appropriate rider training and learn safe riding skills. The bill is now headed to the House floor for a full vote. Riders are encouraged to contact their representatives to request their support for H.R. 269.

Stay informed. 

Click here to read DocSki's Legislative Blog for the latest news

CBA/ABATE of NC has Successful First Lobby Day of the Session!

February 11, 2009

North Carolina General Assembly

2009-2010 Session

Bills of interest to Motorcyclists Introduced as of 5 February 2009

(Bill summaries taken from The Daily Bulletin, School of Government, UNC-CH)

Senate

S 12. BAN MOBILE PHONE USE WHILE DRIVING. Filed 1/28/09. TO MAKE USING A MOBILE PHONE OR ACCESSING ADDITIONAL TECHNOLOGY UNLAWFUL WHILE OPERATING A MOTOR VEHICLE ON A PUBLIC STREET OR HIGHWAY OR PUBLIC VEHICULAR AREA.

Amends GS 20-137.4 as title indicates. Adds a definition for wireless telephone service. Amends subsection (b) to apply the existing offense to all motor vehicles (was, school bus). Narrows the exception for communicating in an emergency situation to communication with (1) an emergency response operator, (2) a hospital, physician’s office, or health clinic, (3) a public or privately owned ambulance company or service, (4) a fire department, or (5) a law enforcement agency. Also creates exceptions for (1) communication by any of the following while in the performance of their official duties: (a) a law enforcement officer, (b) a member of a fire department, or (c) the operator of a public or private ambulance and (2) use of a hands-free mobile telephone to make a call and not for the purpose of accessing additional technology. Makes drivers, other than bus drivers, over 18 years old who are not subject to 20-137.3 (unlawful use of a mobile phone by persons under 18 years of age) that violate this statute subject to a $100 fine, in addition to court costs. Makes conforming changes throughout. Effective December 1, 2009, and applies to offenses committed on or after that date.

S 22. BAN TEXTING WHILE DRIVING (=H 9). Filed 2/2/09. TO MAKE IT unlawful to use additional technology associated with a mobile phone while operating a vehicle on a public street or highway or public vehicular area. Substantively identical to H 9, filed 1/29/09.

S 45. OFF-ROAD VEHICLE TRUST FUND. Filed 2/3/09. TO REQUIRE ALL-TERRAIN vehicles and motorcycles that are used as off-road vehicles to be registered with the division of motor vehicles, to create a nonreverting revenue fund in the department of environment and natural resources designated as the off-road vehicle trust fund to be used to provide all-terrain vehicle safety training, acquire new lands, manage lands, and develop off-road vehicle parks, trails, and facilities, and to create a new off-road recreation program.

Amends GS 20-50(a) to require vehicles operated in the state to be registered with the Division of Motor Vehicles (DMV), unless specifically exempted from registration under GS 20-51 or used only for agricultural purposes. Current law only requires registration of vehicles intended to be operated on state highways.

Enacts GS 20-63.2 requiring all-terrain vehicles or motorcycles registered for off-road use only to be (1) registered in the same manner as any other vehicle, (2) issued a plate that is different in color and design, and (3) subjected to the same title and registration fee as any other vehicle. Vehicles registered for off-road use are not required to be insured prior to registration. Requires the DMV to collect any sales and use tax and any other taxes that the DMV is required to collect on any off-road vehicle being registered. Enacts new GS 20-63.3 establishing the Off-Road Vehicle Trust Fund (Fund) as a special, interest-bearing, nonreverting fund in the Department of Environment and Natural Resources (DENR). Requires all state, federal and private source funds dedicated to off-road vehicle recreation trails to be credited to the Fund with 80% of the Fund being used for repair, expansion, and maintenance of off-road vehicle recreation trails and to provide law enforcement on the trails, and 20% being used to provide off-road and all-terrain vehicle safety training.

Enacts new GS 20-63.4 creating the North Carolina Off-Road Vehicle Recreation Program (Program) within DENR to coordinate the planning, development, and management of public off-road vehicle recreation areas, parks, trails, and facilities. Requires the Program, in consultation with other agencies and organizations, to review the inventory of public lands to determine the feasibility of providing public access for off-road vehicle recreation and trails and report to the 2010 regular session of the General Assembly by March 1, 2010. Specifies information that must be included in the report.

Amends GS 20-87 to set the base registration fee for an off-road vehicle at $15 and at $22 for a motorcycle equipped with an additional device for the transportation of persons or property. Imposes an additional $10 fee on each off-road vehicle registered; the revenue from the additional fee is to be used to fund the Fund. Effective July 1, 2009.

S 47. UNAUTHORIZED WIRELESS PHONE USE/$50 LIMIT. Filed 2/3/09. LIMITING LIABILITY FOR THE UNAUTHORIZED USE OF WIRELESS TELEPHONES TO FIFTY DOLLArS.

Enacts new Article 6 of GS Chapter 75 as the title indicates.

Provides definitions for terms as used in the Article. Delineates the following conditions that must be met for a customer of a wireless telephone service provider to have liability for the unauthorized use of wireless telephone: (1) customer must have a contract for service; (2) the liability does not exceed $50; (3) the wireless telephone service provider must provide the customer with adequate notice of the potential liability; (4) the service provider must have provided the customer with a means to notify the service provider of loss or theft of the wireless telephone; (5) the unauthorized use occurs before the service provider is notified that an unauthorized use has occurred or may occur; and (6) the service provider provided a method for identifying the customer as the person authorized to use the wireless phone.

States that in an action to enforce liability for the use of a wireless phone, the burden of proof is on the service provider to show that the use of the phone was authorized or, if the use was unauthorized that the conditions of liability for unauthorized use of a wireless phone have been met. Provides that a customer has no liability for the unauthorized use of a wireless telephone except as provided in the proposed new section. Provides that a violation of the proposed section is a violation of GS 75-1.1 (methods of competition, acts and practices regulated; legislative policy). Asserts that nothing in the proposed new section imposes any liability on the customer for unauthorized use of a wireless telephone in excess of the customer’s liability under other applicable law or agreement with the service provider.

Effective when the act becomes law; applies only to contracts entered into or renewed after October 1, 2009.

S 64. MOTORCYCLE LEARNER'S PERMIT. Filed 2/4/09. TO SHORTEN THE DURATION AND AMEND THE REQUIREMENTS FOR A MOTORCYCLE LEARNER'S PERMIT, AND CLARIFY THE REQUIREMENTS FOR OBTAINING A MOTORCYCLE ENDORSEMENT.

Amends GS 20-7(a1) to allow a person to drive a motorcycle who has one of the following: a full provisional license with a motorcycle learner’s permit, a regular drivers license with a motorcycle learner’s permit, a full provisional license with a motorcycle endorsement, or a regular drivers license with a motorcycle endorsement. Amends the requirements for obtaining a motorcycle endorsement by requiring a person to pay a motorcycle endorsement fee and allowing a person either to pass a riding skills test or to complete the North Carolina Motorcycle Safety Education Program Basic Rider Course or Experienced Rider Course. Omits the triple requirement of passing a road test, passing a test concerning motorcycles, and paying a fee.

Amends GS 20-7(a2) by specifying that an applicant for a motorcycle learner’s permit who is under 18 or has held a drivers license for less than two years must complete the North Carolina Motorcycle Safety Education Program Basic Rider Course to obtain a permit. Provides that motorcycle learner’s permits expire six months (was, 18 months) after issuance and may be renewed for an additional six months.

Effective October 1, 2009.

House

H 9. NO TEXTING WHILE DRIVING. Filed 1/29/09. TO MAKE IT unlawful to use additional technology associated with a mobile phone while operating a vehicle on a public street or highway or public vehicular area.

  Makes it unlawful to engage in text messaging while driving.

Amends GS 20-137.3(a)(1) to expand the definition of additional technology to include “text messaging.” Enacts new GS 20-137.4A making it unlawful for any person to use additional technology, as defined in amended GS 20-137(a)(1), that is associated with any mobile phone while driving a vehicle on a public street, highway, or vehicular area.

  Provides that the offense of using additional technology, including texting, while driving is an infraction punishable by a $100 fine and court costs. Directs that no drivers license points or insurance surcharge be assessed for a violation under this offense. Also provides that failing to comply with the proposed law will not serve to support claims of negligence per se or contributory negligence in any action for the recovery of damages against the vehicle operator engaging in the unlawful offense.

  Provides exceptions to the offense of using additional technology while driving for members of law enforcement and fire departments or operators of public or private ambulance services while those persons are in the performance of their official duties.

  Effective December 1, 2009, and applies to offenses committed on or after that date.

H 67. LICENSE PLATE FRAME/STATE NAME VISIBLE. Filed 2/4/09. TO PROHIBIT THE COVERING OF THE STATE NAME ON A STATE LICENSE PLATE BY A LICENSE PLATE FRAME.

Current law prohibits the alteration, disguise, or concealment of the figures or letters on any part or portion of a motor vehicle license plate. Amends GS 20-63(g) to also prohibit using a license plate frame to alter, disguise, or conceal figures, letters, or the state name on any part or portion of a motor vehicle license plate. Effective December 1, 2009, and applies to offenses committed after that date.

H 68. PROHIBITED USE OF ELECTRONIC DEVICES/DRIVING (=S 12). Filed 2/4/09. TO MAKE USING A MOBILE PHONE OR ACCESSING ADDITIONAL TECHNOLOGY UNLAWFUL WHILE OPERATING A MOTOR VEHICLE ON A PUBLIC STREET OR HIGHWAY OR PUBLIC VEHICULAR AREA.

  Substantively identical to S 12, filed 1/28/09.

H 82. INCREASE AUTO INSURANCE LIABILITY LIMITS. Filed 2/5/09. TO INCREASE MANDATORY liability insurance requirements for certain motor vehicles and to make conforming changes to the general statutes.

Amends relevant sections of GS chapters 20, 58, and 62 to increase mandatory liability insurance requirements from $30,000 to $75,000 for bodily injury to or death of one person in any one accident; from $60,000 to $150,000 for bodily injury to or death of two or more persons in any one accident; and from $25,000 to $50,000 for injury to or destruction of property of others in any one accident. Makes conforming and technical changes. Effective for policies issued or renewed on or after January 1, 2010.

H 86. OFF-ROAD VEHICLE TRUST FUND (=S 45). Filed 2/5/09. TO REQUIRE ALL-TERRAIN VEHICLES AND MOTORCYCLES THAT ARE USED AS OFF-ROAD VEHICLES TO BE REGISTERED WITH THE DIVISION OF MOTOR VEHICLES, TO CREATE A NONREVERTING REVENUE FUND IN THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DESIGNATED AS THE OFF-ROAd vehicle trust fund to be used to provide all-terrain vehicle safety training, acquire new lands, manage lands, and develop off-road vehicle parks, trails, and facilities, and to create a new off-road recreation program.

  Identical to S 45, filed 2/3/09.

Number of Bills Introduced as of 5 February 2009:        Senate 91, House 91

Deadlines

                                                            Presented to Bill Drafting Filed              

House

Local bills                                               18 March                               1 April

Public bills                                             26 March                               8 April

Appropriations & finance bills          22 April                                  6 May

Senate

Local bills                                                 3 March                               11 March

Public bills/resolutions                       13 March                               25 March

Crossover deadline: 14 May

General Assembly website: www.ncleg.net

CBA/A.B.A.T.E. website: www.cba-abatenc.org

AN ACT to make changes in motor vehicle law regarding the wearing of a safety helmet.

The General Assembly of North Carolina enacts:

            SECTION 1.  G.S. 20-140.4 reads as rewritten:

“20-140.4. Special provisions for motorcycles and mopeds.

(a)        No person shall operate a motorcycle or moped upon a highway or public vehicular area:

(1)   When the number of persons upon such motorcycle or moped, including the operator, shall exceed the number of persons which it was designed to carry.

(2)   Unless the operator and all passengers thereon wear a helmet on their head, properly secured with a retention strap.

(3)   Operators with a valid motorcycle endorsement and passengers 21 years of age and older are excluded from section (a2)

(b)       Violation of any provision of this section shall not be considered negligence per se or contributory negligence per se in any civil action. 

(c)        Any person convicted of violating this section shall have committed an infraction and shall be fined according to G.S. 20-135.2A(e) and (f).”

Get the inside scoop!  Sign up for the Legislative Coordinator's email group.

How do I find out who represents me at the STATE level?

Go here and enter in your zip code: http://www.ncga.state.nc.us/GIS/Representation/Who_Represents_Me/Who_Represents_Me.html

If you do not have internet access, please provide your CBA chapter Legislative Coordinator with your zip code and he/she will look up your elected officials for you. 

How can I find out who represents me at the FEDERAL level?

Go here and put in your zip code. It will list your Federal elected officials. http://mygov.governmentguide.com/mygov/home/

How can I find out which NC state legislators sit on which committees?

Go here: http://www.ncga.state.nc.us/CommitteeInfo/CommitteeInfo.html

How can I look up the text of a NC state bill?

Go here: http://www.ncga.state.nc.us/Legislation/Legislation.html

How can I look up the text of a federal bill?

Go here: http://thomas.loc.gov/

How can I learn how to write an effective letter?

Please see the CBA web page for tips on writing your legislators: http://www.cba-abatenc.org/how_to.htm

How can I learn about how my government is structured and how a bill becomes a law?

Please see the “Legislative Tutorial for NC CBA Members” on www.NCRider.com tutorials page: http://www.ncrider.com/tutorial-page.htm

How can I join CBA/ABATE of North Carolina?

Go here: http://www.cba-abatenc.org/join.htm 

Look up CBA chapters here: http://www.cba-abatenc.org/chapter_listings.htm

How can I join the Motorcycle Riders Foundation (MRF)?

Go here: http://www.mrf.org/join.php If you do not have internet access, you may call or write them here: 

Motorcycle Riders Foundation 236 Massachusetts Ave NE Washington, DC 20002-4980

Phone: (202) 546-0983 • Fax (202) 546-0986 www.mrf.org