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NC Biker Rights

Bikers as a political powerhouse in NC
Raleigh NC May 1, 2008 (AMP)
With only 5 days until the primary elections in North Carolina, Bikers USA and B.O.L.T. of NC announces that their analysis of the NC candidates is #1 ranked in Google for a search of NC PRIMARY CANDIDATES ENDORSEMENT. This has safety nazis who forced a helmet onto our heads sweating bullets, just like we sweat under those hot helmets in the Carolina summer. Our answer to them? They can all go suck eggs.

April 19, 2008                 Raleigh, NC
1st Annual Patriots Day Rally and Liberty Ride
Please fly your flags proudly! No admission fee! All bikers welcome. Wake County Speedway on April 19th, between 10am and Noon. Speakers about liberty, freedom, honoring veterans and troops, and information about the new NC mandatory helmet law battles. Scenic liberty ride at 12 noon to downtown Raleigh, where there is a large Earth Day gathering. What you wear on the Freedom Ride is up to you. If you decide to ride lidless (or topless!), there are no guarantees you will not be ticketed. Party afterwards at the Iron Horse, 2901 Hwy 64, Apex. Host Hotel: Courtyard by Marriot, 102 Edinburgh Drive, Cary NC 27518. For host hotel discount, call 800-321-2211 and ask for the Bikers USA rate for April 18 and/or April 19. A block of room is being held until April 4, so make reservations by then. In addition to the Liberty Ride, there will be a ride led by Gary, kickstands up at 9:30am from McGregor Plaza, (across from the Host Hotel), so visitors to the Raleigh area don’t get lost on the way to the Wake County Speedway.
For more info, visit Patriots Day Motorcycle Rally or call 919-342-0403 or email jan..
Map and other Raleigh area hotels near Wake County Speedway: Closest Hotels Map.
Sponsors: Bikers of Lesser Tolerance (B.O.L.T.), Bikers USA, and the Carolinas Full Throttle Magazine.
Please go on Paul Revere rides and spread the word all across the Carolinas and Virginia by distributing this flyer to bike shops and your local motorcycle clubs. Thanks!
Last Updated on March 17, 2008

April 19, 2008 Asheville, NC Asheville Hotels Asheville Map
Helmet Law Protest Ride
Meet at Buncombe County courthouse at 1pm. Kickstands up 1:30pm for ride (about 25 miles) to Hendersonville courthouse. Helmets are up to you. Everyone must take responsibility for their own actions. Speakers about why the law is unconstitutional and fighting a helmet ticket in court. Party afterwards to be announced. Please feel free to download the flyer and distribute it in order to help us spread the word.
For more info, contact Ragdoll 828-348-0213 or Ron
Asheville Hotels Asheville Map
For other statewide freedom rides see http://boltnc.org or Carolinas Full Throttle Magazine.

MAY 13, 2008         Raleigh NC       Raleigh Hotels Raleigh Map
NC LEGISLATURE OPENING DAY RALLY & PROTEST RIDE
Meet at 10 am Whistlers Tavern, 3616 NC 42, Willow Springs, NC.
Ride to NC Legislative Bldg, Jones St, Raleigh, NC at 10:30am.
Ride around the legislative building so the legislators can hear the rumble of bikers pissed off about the new helmet law.
Legislative Scavenger Hunt.
Legislative delegation from BOLT will deliver helmet law repeal petitions.
Sponsored By Bikers USA, BOLT of the Carolinas, & The Carolinas Full Throttle Magazine. Jan, 919-342-0403. FLYER - please print out a few copies and bring them to around to bike shops. Also see Freedom Rides.

NEWSFLASH! There will be a ride leaving FROM MYRTLE BEACH coming to Raleigh.
The ride will be leaving from the DOG HOUSE NORTH at 8am.

NC BIKER RIGHTS SURVEY - CLICK HERE

Terry Malpass from Kinston wins Helmet Ticket Case in Lenoir County, NC

Complain to the NHTSA about your poorly designed, defective Motorcycle Helmet!

For 40 years, bikers have complained about their helmets, but as of Halloween, 2007, there were only 20 official complaints going back to 1995 on file at the NHTSA. There are 500,000 helmets recalled and most are probably on our heads! Tell NHTSA to force helmet makers to make helmets they are willing to stand behind and are rated for 70 mph. If they made a better product, the government would not have to force people to wear these torture devices.
Make your motorcycle helmet complaint official by filing it online now!
Update: Within the first 48 hours of the Halloween 2007 Campaign, the number of official helmet complaints on file doubled compared to the last 12 years! Please tell all bikers they should be making their helmet complaints official. It’s easy!
For more info, see Bikers of Lesser Tolerance, B.O.L.T.

Governors Highway Safety Program Attempts to Bias NC Judges against Bikers.

Raleigh, NC December 23, 2007
Editorial about finding that the GHSP will bias judges and attempt to influence-peddle in order to get judges to find bikers guilty despite any constitutional arguments we raise in objection to the vagueness of the new helmet law.
See GHSP and NC Judges.

 New Year Biker Rights Rally, Protest and Freedom Rides
All freedom fighters who are interested in participating in a constitutional exercise of your rights to peacefully demonstrate against the NC helmet laws and other discriminations against bikers, please contact Bikers of Lesser Tolerance at PROTEST or call 919-342-0403. The involvement by all motorcyclists, regardless of what you ride and what clubs you are affiliated with will be needed. When contacting us, please indicate if you are willing to do other things such as handing out flyers, picketing the sidewalks, or helping in any other way. PLEASE SEE FREEDOM RIDES FOR STARTING YOUR OWN LOCAL RIDE.
We ask bikers to circle the “Peoples” NC Executive Mansion which serves as residence for the Governor in Raleigh, and the offices of the Governors Highway Safety Program (across the street). The circling of the mansion is scheduled to last from 2pm until 4pm on New Years Day, the first day in which the new helmet statute takes effect.
Governor Easley signed the new NC helmet law into effect January 1, 2008. We seek a full repeal. We will also present a list of other grievances and recommended actions. We will be timing this to coincide with popular  events taking place in Raleigh, so if you want to take a break from the protest actions and have some other fun, there should be plenty of activities, and we will try to get a complete listing for those interested.
This action is supported by B.O.L.T. of NC and national B.O.L.T.
If you cannot make it to Raleigh due to it being far from where you live, there are Freedom Rides in at least three other counties and perhaps more will be added. Perhaps YOU will organize a Freedom Ride with our help. Please see Freedom Rides to find out about protests in your county throughout 2008!

August 25, 2007, Saturday                Fayetteville NC Hotels
WOODSTOCK REMEMBRANCE
and on Sunday, August 26, 2007 at 4pm. Woodstock Town Hall - Helmet Law Civil Disobedience.
Don't give in to the man! Old-fashioned town meeting discussion about the state crackdown on motorcycle helmets, recently and in the future. Watch BUSTED - How to Survive Police Encounters. Find out why we must not just pay citations. Learn how to fight helmet law tickets in court. Presented by BOLT of the Carolinas. Free.
Legends Pub, 4624 Bragg Blvd, Fayetteville NC 28303, 910-867-2364
Legends Pub Map showing nearby Fayetteville hotels

NC Helmet Law to Change on 1/1/08.
On 7/10/07, we beat it in Senate Committee (see below). The next week, in the Senate chamber, they made an amendment to add the helmet law changes back in to H563. A few days later, the House voted for It. It will be law on 1/1/08, but it should be just as unenforceable, and should not hold up in court if you know how to argue it. No List, No Law. See below or go to BOLT of the Carolinas. Fight for your rights!

NC SENATE JUDICIARY II says NO to Proposed Motorcycle Helmet Statute!
July 10, 2007 Raleigh NC, Bikers USA

But first, let’s take a look back to June 30, 2007 - 10 days prior to the legislative meeting....
POLICE BEGIN TARGETING BIKERS WEARING HELMETS THEY DON’T LIKE. IS THIS JUST A COINCIDENTAL PRECURSOR TO ACTIONS PENDING IN THE LEGISLATURE AND IMMEDIATELY AFTER PROPOSED STATUTES ARE DEFEATED? BIKERS TELL STORIES OF HARASSMENT - ARE TOLD THEY MUST OBTAIN AN APPROVED HELMET BEFORE RESUMING TRAVEL!

Last week, we started hearing about a rash of helmet law citations issued in different counties by the Highway Patrol and local police. The law enforcement officers (LEO) are ticketing bikers who are wearing helmets which the LEO (confusing DMV with DOT) does not approve of. Their disapproval is unfounded. The helmet statute says you need to wear a safety helmet approved by the Commisioner of Motor Vehicles. Try as you may, you can’t get a list because the Commissioner has no list. Since there is no list, you should be able to wear a safety helmet of your choosing. But LEO thinks you need to wear DOT Approved, and LEO is incorrect. LEO cites you then tells you to get an approved helmet before proceeding. I am no lawyer, but this appears to be a flagrant violation of your constitutional rights. I consider it to be harassment if you did nothing wrong and are being detained. I contacted Sgt Williams of Troop H, District VI, advised him this was an interview for publication, and asked about such stops by Trooper JC Burroughs in Aberdeen.
NCHP Sgt Williams incorrectly told me that the “law says helmets must be DOT”. WRONG!
I told him what the law really says, and he replied, “but if that’s the case they can wear any helmet they want”. EXACTLY!
He suggested we all wear DOT helmets until this is decided. Hmmm.
I suggested that until and after this is decided we will do what the law specifically requires.
You might also want to print out and carry a copy of the helmet statute 20-140.4 with you.

               ==== 10 days later in downtown Raleigh, Tuesday, July 10, 2007 ======

Thanks to some excellent legislators in the Senate JII committee, good arguments by bikers able to set aside differences to work together, at least temporarily, and lack of a convincing argument and good data from the Governors Highway Safety Program, we were able, by a thin margin, to stop the embedding of FMVSS 218 into the helmet statute, but could not get a full repeal of the NC motorcycle helmet law.

Leading up to Tuesday, the state came way too close to adopting the proposed statute, which was introduced by Rep. Sutton as a section in House Bill 563.
On Tuesday, in committee, we were able to get the section pertaining to helmet laws removed from the bill, but that leaves the current helmet statute in effect.

According to Rep. Sutton, the helmet statute was the primary purpose of the bill. Before this, it had already passed in the House. Just before Tuesday, he added an anti-protest section, in violation of the 1st Amendment, perhaps to counter our East Coast Freedom Ride. The NHTSA and their monkeys in NC seem willing to do just about anything to stop us from making our own decisions, and are willing to criminalize law-abiding citizens. I value freedom and constitutional law. They seem to callously disregard both!

Janice, editor of Bikers USA, and Mark, editor of Carolinas’ Full Throttle Magazine, worked very hard to stop FMVSS 218 and try to get the helmet laws repealed. This year, CBA/ABATE made no effort to get a helmet repeal bill introduced, so when HB 563 was introduced, we saw the opportunity, and took it. At one point, we issued a call to action, and you folks responded well. Thanks!

It is with a sense of duty to the biker community that I and I alone (Janice) MUST report to you, the next two paragraphs. I’d just as soon not, but you have a right to know! CBA/ABATE claims to the legislators that they speak for ALL bikers in NC. Perhaps you can get some answers from them about why they do not want a repeal, and do not seek a repeal. They do not answer me since I am not a member, yet they claim to speak for all NC bikers.

NC CBA/ABATE leadership, for reasons such as wanting the state to force motorcyclists and only motorcyclists to pay for a safety center, which they still have not given up on, worked very hard to stop FMVSS 218, also, but they want to keep the current helmet law.

Needless to say, there has been a lot of arguing back and forth, and lack of adequate explanations, but we are adults with a BIKERS bond, so we worked things out as good as we could, for now, and did very well.

Janice and DocSki, CBA/ABATE legislative coordinator, got together and mounted an awesome attack in the legislature on Tuesday. See Janices’ No Approved List,  No Helmet Law Argument which made quite an impact. DocSki, legislative coordinator of CBA/ABATE, also presented excellent arguments.

Sgt. Mark Brown of the NC Highway Patrol, who is lead instructor of the NC BikeSafe course (which I have taken and highly recommend), had a professional and excellent presentation including a closeup look at the new helmets worn by the NCHP motorcycle patrol units, and helmets the highway safety commission would force for you to wear if this proposed statute had not been stopped.

The NHTSA is pushing hard for all states to adopt universal helmet laws, so expect this type of legislation to rear its’ ugly little unconstitutional head again thoughout the country. Please review the arguments I made in the prepared statement, and understand that you don’t have to know FMVSS 218. You need to understand the arguments against vague laws. Don’t argue the personality. Don’t argue the device. Argue the law!
 

NC BIKER RIGHTS SURVEY - CLICK HERE

S1359 Red Light Exception for Motorcycles heading to Governor Easley.
July 11, 2007 Raleigh NC, Bikers USA
After a long struggle to get through the NC Senate and NC House, the Red Light Exception bill introduced by Sen. Austin Allran and co-sponsored by Sen. Eddie Goodall was approved on the floor of the NC House and will be passed along to Governor Easley for approval. Rep. Dale Folwell, (a motorcyclist with a heartbreaking yet inspiring story to tell about a long distance, record breaking, cross country ride he made in memory of his son, Dalton Folwell who was tragically killed by a school bus), did a great job of getting the bill to the third reading stage. Rep. Bill Faison did a splendid job at presenting the bill, in the third reading, and getting it through a very close 61-55 decision.
Please consider sending a thank you, or calling to say thank you to all Senators and House Members who voted AYE, and remember them on election day!
Senator(s): Albertson; Allran; Apodaca; Atwater; Basnight; Berger, D.; Berger, P.; Bingham; Blake; Boseman; Brock; Brown; Brunstetter; Clodfelter; Cowell; Dalton; Dannelly; Dorsett; East; Foriest; Forrester; Garrou; Goodall; Goss; Graham; Hagan; Hoyle; Hunt; Jacumin; Jenkins; Jones; Kerr; Kinnaird; Malone; McKissick; Pittenger; Preston; Purcell; Queen; Rand; Shaw; Smith; Snow; Soles; Stevens; Swindell; Tillman; Weinstein
Representative(s): Allred; Avila; Barnhart; Bell; Blackwood; Blue; Blust; Brown; Brubaker; Bryant; Clary; Cleveland; Coleman; Crawford; Current; Daughtridge; Daughtry; Dockham; Dollar; Faison; Fisher; Folwell; Frye; Gillespie; Goodwin; Gulley; Harrison; Hill; Hilton; Holloway; Hurley; Johnson; Jones; Killian; Langdon; Lewis; Martin; McAllister; McComas; McElraft; McGee; Moore; Pate; Pierce; Ross; Samuelson; Setzer; Spear; Stam; Starnes; Steen; Stiller; Sutton; Tillis; Underhill; Walend; Warren, R.; West; Wiley; Wilkins; Yongue
Please note that you pay taxes and have a right to insist on traffic lights that work for you. Failure of signals to operate correctly can result in dangerous conditions for the next biker. You can help by reporting a malfunctioning traffic light (which this is if it does not sense you). Call either local law enforcement or the NC Highway Patrol and advise them of the location of the malfunctioning sensors and the nature of the problem.
The state is designing Intelligent Traffic Systems (ITS) in the future, and we may need to continually remind them to design with us in mind rather than as an afterthought.
But most of all, my brothers and sister, remember this is not a bill that allows anyone to run red lights, despite the lies, hype, and teasers by the irresponsible mass media. This is a defense for those times when you are caught in a bad situation. If you see someone abuse this defense, courteously and respectfully, give ‘em heck!! It is not often that we are treated as adults by the state of North Carolina. Wait the 3 minutes. If the light has cycled through, and there is NO traffic whatsoever, proceed as though your life depends on it, because it does. If you need to tie up traffic because you don’t get a green and it is unsafe to proceed, take your time and tie up the traffic if you must!

This bill was supported and worked by BIKERS like you, including many of you as individual citizens, and:
Bikers USA, Carolinas’ Full Throttle Magazine, NC BOLT, NC CBA/ABATE.

2007 East Coast Helmet Law Protest After Action Report

Biker Rights in North Carolina are TRULY up to you and me as NC CBA/ABATE changes focus to safety, letting biker rights hang.
It’s up to us as individual bikers, citizens, and motorcycle rights activists
BIKERS USA EDITORIAL
As of Apr 17, 2007, NC CBA/ABATE’s position statement is one of unwillingness to engage: “we need to wait briefly and see what develops from a strategy we are currently developing”.
In my personal opinion, their secret strategy is for the state to recognize them as the motorcycle safety autocrats, and their current “sacred cow”, is S1121, motorcycle safety center, which they want the state to force motorcycle riders to fund. They are afraid to fight certain motorcycle rights issues in the legislature, for fear of embarassment, and loss of credibility, which they hope to gain as safety advocates. Personally, I defend their right to self-determination, greatly admire their former activism, respect and appreciate their past efforts as the leading motorcycle rights organization in North Carolina, consider many to be my friends, and wish them luck as they reinvent themselves. If I can help them without sacrificing biker rights, I will, but right now they are proving to be on the wrong side.
Since the SMRO is unwilling to take a stand, that leaves it up to us as individual citizens. Our individual efforts will be supported by motorcycle rights activists, MC’s, RC’s, the motorcycle media, MRO’s from other states, and the biker nation. Our strength will also come from pockets of strong support by legislators who want to rightly serve.

"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."  Benjamin Franklin          
Notes: According to the Governors Highway Safety Program, NC CBA/ABATE receives as much federal funding for motorcycle safety as the NC Highway Patrol. Also, the NC Motorcycle Safety Education Program receives federal and state funding,so why would CBA/ABATE want to have the state force motorcycle riders and only motorcycle riders to go it alone in funding S1121? Apparently, they want to control more federal funding and want to increase their credibility in Raleigh. NC CBA/ABATE still claims to be a motorcycle rights organization.

Tell CBA/ABATE to stop claiming they speak for all NC Bikers!

Cool Bikers USA Links:         Bikefest         Bike Rally   NC Bikers   Sturgis       Womens MC

S375, NC Motorcycle Learner Permits
May 18, 2007 Raleigh NC, BIKERS USA editorial to NC BIKERS, biker rights are TRULY up to you and me as ABATE changes focus.
May 18, 2007 Raleigh NC - NC CBA/ABATE is considering changing their position from weak opposition to no objection.
May 17, 2007 Raleigh NC, BIKERS USA increases opposition to S375 as bad for NC Bikers.
The  NC Senate approved S375 Motorcycle Learner Permits and has passed a 1st Reading in the House. It is on its’ way to the House Transportation Committee. This bill is bad for bikers. It adopts punitive measures to stop the habit of constantly renewing motorcycle LP’s. Also, S375 does not allow a person to get an LP unless they already have an NC drivers license. This makes it very difficult in NC, where you can’t get a drivers license unless you show proof of liability insurance.
I have been writing to Sen. Tony Rand to propose better alternatives. Today, after I wrote to the Transportation Committee, I was called by the Chair of the Transportation Committee, Becky Carney. We talked at length. I believe Becky understands the proposition that there needs to be a process in which a motorcycle rider should not have to get an automobile license prior to getting a motorcycle LP, and motorcycle license/endorsement. She says she will look into it.
Please contact the House Transportation Committee and urge them to adopt a process which allows a person to go from motorcycle LP to either motorcycle license or motorcycle endorsement, without needing access to an automobile. As it stands, this bill is bad for bikers, needs to be modified, and if it’s not modified, it should be opposed.

May 9, 2007 Raleigh NC, BIKERS USA
In the Senate Transportation Committee meeting, Senator Tony Rand said the bill to reduce the time allowed for learners permits from 18 months to 6 months, was a request from the Fort Bragg base commander. There were only a few questions from committee members to Sen. Rand. Only one biker rights activist, yours truly, was present to speak when discussions opened to the floor, and I suggested parity between automobile and motorcycle learners permits.
S375 got a favorable recommendation from the transportation committee on May 9, 2007. I believe it is likely to be forwarded to a Senate judiciary or finance committee.

S1359 Red Light Exception for Motorcycles - Unanimous in the Senate!!
Raleigh NC, Thursday, May 17, 2007 BIKERS USA
S1359 unanimously passed the 2nd Reading in the Senate. Please commend the NC Senate for their unanimous support of S1359, Red Light Exception for Motorcycles, during its' 2nd Reading and urge unanimous support, again, during the 3rd Reading scheduled for Monday. Their email address: ncsenatemembers@ncleg.net
Also, help spread the word to your fellow bikers, that the bill is not yet enacted. Mainstream media reported that the exception is already law. Most bikers on the street believed them. Red Light Advisory.

Raleigh NC, Tuesday, May 8, 2007 BIKERS USA
Janice,
Senator Allran asked me to thank you for your phone call and offer to help.
He said about all he could suggest was to send another e-mail to the members of the Judiciary II Committee asking them to support the bill - Senate Bill 1359 Red Light Exception for Motorcycles. You can e-mail them as a group at: Senatejudiciaryii@ncleg.net. Also, ask other interested parties to do the same. Legislators do care about the views of the citizenry! Thank you again. Carole Walker, Legislative Assistant

HB 274 NC Street Gang Prevention Act
To be heard in the House Judiciary III Committee at 10am on Thursday May 10, 2007.
Violent Street Gangs are a bad thing. However, this set of laws should be enough to scare everyone who is concerned about the erosion of civil liberties. It has wording that your tattoo, or the clothing you wear, could be enough to get you into serious trouble with the law. Even if you obey all laws, and everyone you know obeys all laws, you could be in trouble by association, and the tattoo or clothing you wear can be used as proof. This could also be a concern for 1st Amendment advocates, such as BIKERS USA, just for publishing lists of outlaw motorcycle clubs. The act does not allow for giving you any warning, and does not provide people with a list of known criminal street gangs and what they wear. It does not use terms such as “known” street gang. Instead, it leaves out the word “known”. You could be involved enough to be in violation of the act and not even realize it. If you are wearing a brown hat while walking down the street, this could be seen as enough reason for law enforcement officers to pick you up and charge you with a violation of the act. Give law enforcement the help they need, but don’t give up civil liberties!

HB 563 final result at the NC HOUSE: Ayes: 92  No: 24
Raleigh NC, BIKERS USA May 8, 2007
The bill to embed FMVSS 218 into the mandatory NC Helmet statute goes to the Senate.
Thank Marilyn Avila, Wake County, for doing her homework, researching quite a lot, and making a very convincing, no-compromise objection based on no working list, and based on discrimination! Thank all who voted NO. The final list will be out shortly. We will need to do better in the Senate.
OBJECTIONS SHOULD FOCUS ON CONSTITUTIONAL VAGUENESS, ENFORCEMENT ISSUES, ENFORCEMENT AND TOURISM COSTS OF MANDATORY HELMET LAWS. REMEMBER, BOTH THE CURRENT AND PROPOSED LAWS ARE VAGUE! NEVER SAY YOU LIKE THE HELMET STATUTE THE WAY IT CURRENTLY IS, UNLESS YOU REALLY LIKE HAVING NO SAY, AND, IF YOU DO, DON’T SAY YOU SPEAK FOR ME! THIS IS ABOUT YOUR RIGHTS. DON’T BEG FOR THE CURRENT HELMET LAWS TO STAY INTACT. GO FOR A REPEAL, AND BE READY TO ARGUE IN COURT IF IT GETS THROUGH THE SENATE.
ONE WAY OR ANOTHER, WE WILL OVERTURN THE NC HELMET LAW!
Thank these Reps who Voted NO: Allred; Avila; Blackwood; Blust; Boylan; Brubaker; Cleveland; Crawford; Daughtridge; Dollar; Folwell; Gulley; Hill; Hilton; Holloway; Hurley; Killian; Lewis; McComas; McElraft; Moore; Setzer; West; Wiley.

Legislative Update
May 8, 2007, Raleigh NC, BIKERS USA
HB 563 Traffic and Personal Safety Changes (Makes the Mandatory Helmet Law statutes more vague by inserting FMVSS 218 BS - trying to do away with novelty helmets)
Last night, HOUSE Chair Joe Hackney announced the presence of motorcycle riders from across the state, and we were recognized by the HOUSE. Unfortunately, the session went late, so the HOUSE had to adjourn prior to the 3rd Reading of HB 563 Traffic and Personal Safety Changes. HB 563 is now on the calendar for this afternoon.
Some of us used this occasion to speak with representatives. I found several strong allies. One of them, Ric Killian, is a motorcycle rider, and says he has the only motorcycle in the garage below the LB. I recognized him from his picture, said thanks, and another rep, Mark Hilton, chimed in that he also voted NO. Both Killian and Hilton were fun to talk with. As we talked, another rep walked by and said he voted NO. I think it was Rep. Dale Folwell, Republican Joint Caucus Leader. I wasn’t able to speak with my own rep, Marilyn Avila who is strongly supporting us and spoke from the floor in the 2nd Reading. One rep who I did meet was Mitchell Setzer who voted NO and was quite sincere in wishing us the best.
I also spoke with several reps who are in favor of HB 563. I still have not received any word from Rep. Sutton who repeatedly said “it is my understanding there will be a list”. I want to know his source for this claim, and have asked all House members to question this.
I also found my way to the press room and handed out some information for the mainstream media.
Some representatives report receiving hundreds of emails, while others report receiving dozens.
S1359 Red Light Exception for Motorcycles
This morning, I called Senator Allran’s office. S1359 is in Senate JII right now. We expect this to get back to the Senate floor, and expect it should pass.

MONDAY May 7th, 2007 7PM     Raleigh, NC
STRIKE 2! BIKERS IN THE HOUSE!
at the NC House of Representatives, Jones St. Raleigh NC
Begin getting there at 6:30pm. Make sure the North Carolina House of Representatives is not making up stuff in order to pass vague, unconstitutional helmet laws. They want to tell you what helmets to wear. Tell them you don’t want any! Tell them STRIKE PARAGRAPH 2, BEFORE PASSING HB 563. See Call to Action, below.

BIKERS - PLEASE UNITE AND HELP DEFEAT BIKER DISCRIMATION.
CALL TO ACTION: Say NO to Vague Laws & Mandatory Helmet Laws
Write to NC House Members before noon on 5/7/07.
Please select a letter to help you: PDF Format Doc Format Rich Text Format
Please come to Jones St, Raleigh at 7pm if you can. Everyone who cannot make it to Raleigh - please call as many representatives as you can from noon until 7pm on Monday 5/7/07. Go here and click on a name. Set up your speed dials in advance.
Please be sure to call Rep. Sutton 919-715-0875. Rep. Sutton claims there will be a list. Ask if “the list” is just a figment of his imagination or if there is actually a source. (Be polite to everyone else).

Proposed Motorcycle Safety Center seeks Discriminatory Funding
Say NO! The state should fund it. S1121. See Safety Center.

HB 563 with FMVSS 218 and strange strap verbage survives 2nd Reading in the House. 3rd reading is Monday 5/7.
Raleigh NC BIKERS USA 5/3/07
HB 563 was approved on the House floor. If it survives a third reading on Monday, May 7th, it will officially be approved by the House and will move to the Senate. HB 563 takes the existing vague and unenforceable helmet law, and adds FMVSS 218 and a retention strap properly secured. If passed in the Senate, and signed by the Governor, the result will be a helmet law which is still constitutionally vague and unenforceable. NCHP will begin ticketing riders with novelty helmets.
California proved this in August 2006 in California vs Richard Quigley, according to Superior Court  Judge Michael Barton. Since then, California law is not constitutional as enforced.
"FMVSS 218 clearly provides nothing by way of authority to approve helmets. The federal government, in fact, has stated in its interpretive letters, that the government does not approve helmets, and that the phrase "DOT Approved" has no meaning in fact or in law". 
Source: California Superior Court Judge Michael Barton, , August 2006.
Under questioning by several representatives, Rep Sutton testified several times “It is my understanding, that by the time this is passed into law, there will be a list”. He did not provide his source, so this cannot be substantiated.
Even if FMVSS 218 created a list, it would be neither applicable nor comprehensive. The troopers are not trained as engineers, so they will be unable to test helmets on the side of the road. FMVSS 218 is a testing standard applicable to helmet manufacturers. Other than testing helmets, NHTSA does not keep a list of all approved helmets.
The bill made it to the House floor as a result of a Judiciary III committee meeting railroaded by Rep. Faison on Thursday, April 26, 2007, which did not allow rebuttal against several claims by the NCHP that there will be no problem identifying those which comply and those that do not. When asked about constitutionality, Rep Bill Faison, a lawyer, said “that is why we pay judges high dollars”. Court cases are likely to cost the taxpayers a lot, particularly, if everyone argues a citation.
Several times, NCHP claimed all non-compliant helmets have labels which say “novely helmets” and all compliant helmets are labeled DOT on the outside, and have a compliance label on the inside. In other words, NCHP really doesn’t know what FMVSS 218 is, and they can’t do proper roadside testing, but they will expect all riders to understand the manufacturing standard.
Meanwhile, motorcycle riders opposed to mandatory helmet laws have vowed to begin having label-ripoff parties, which are perfectly legal. So much for the label method. NCHP is going to have to learn other ways to decide between compliant and non-compliant.
House representatives opposed to HB 563 are to be commended: Allred; Avila; Blackwood; Blust; Cleveland; Daughtridge; Dollar; Folwell; Hilton; Holloway; Killian; Moore; Setzer; West; Wiley

BIKERS USA is not opposed to motorcycle helmets. Bikers USA opposes mandatory helmet laws.

ADVISORY: Motorcycle Red Light Bill has NOT become law.

Sunday April 29, 2007 BIKERS USA, Raleigh NC
On Thursday afternoon, there was a report which aired on local television news, which sounded an awful lot like a proposed motorcycle red light bill has already become law. On Saturday, BIKERS USA rode the streets (excellent riding weather!) to find out if what we heard in the televised news broadcast is what others heard. In Fayetteville, Raleigh, and Durham, there are rumors that the motorcycle red light bill has become law. BIKERS USA has contacted the media source. They say they are aware the bill has not passed, have reviewed their reporting from Thursday, and the last they saw, their report was accurate.

There is a bill which made progress by getting through a committee, but it has not been passed in the legislature, and has not been signed into law. For an update, please check the progress of Senate Bill 1359. A legislative bill does not become law until enacted, and this one still has a ways to go. In fact, there is a meeting Tuesday.
It’s a good bill, so please express your support, pass word to other bikers, and stay posted.

Helmet Law with FMVSS BS got through NC House Judiciary III Committee
Raleigh NC, Bikers USA April 26, 2007
House Bill 563, which seeks to embed federal standard FMVSS 218 into the NC law, made it through a judiciary committee and will be on its’ way to the next step in the NC House, despite several objections by North Carolina bikers. If enacted, it is sure to cause a myriad of problems for NC motorcyclists and the state.

NC BIKER RIGHTS - Let the Rider Decide!
URGENT CALL to ACTION Call to action has ended. Thanks!
NC Legislative Buildings
Raleigh NC, Thursday, April 26, 10am

House Bill 563, designed to add teeth to the current helmet law, is scheduled to appear before Judiciary III of the NC House. A paragraph in this bill would require you to wear a helmet in compliance with FMVSS 218, a federal standard which is not meant to be understood by riders or law enforcement. Since you cannot ensure compliance, the law will be vague and unconstitutional. This is not the kind of laws we expect from from our legislators. See vagueness letter.
BIKERS USA urges you to either contact members of Judiciary III before Thursday morning, (contact list) or visit the NC Legislature for their meeting at 10am. (Directions).
Please tell them you oppose the portion of the bill related to motorcycle helmet laws, and that you also oppose mandatory helmet laws for adult riders.
Out of state riders are urged to contact the committee and tell them you will not spend tourism dollars in NC until they have better helmet laws. Motorcycle event promoters are urged to tell them you plan to hold events in states with better helmet laws. Motorcycle magazines and motorcycle event publishers are urged to tell them helmet laws send events to other states. Motorcycle dealers are urged to tell them you could have more business if NC had better helmet laws.
Call to Action Issued by BIKERS USA and BOLT of NC, April 25, 2007

DOWNLOAD A PDF VERSION OF THIS CALL TO ACTION
Also, DOWNLOAD A PDF VERSION OF THE VAGUENESS LETTER

Newest Letter in our CALL TO ACTION against the NC Helmet Law. 4/22/07
Issued by BIKERS USA and BOLT of NC. Since HB 563 paragraph 2 of the proposed helmet law is consitutionally vague, and the current law is also, it calls for removal of paragraph 2 which would effectively repeal the NC mandatory helmet law.
Note: CBA/ABATE call to action asks NC to keep the current law. Please do NOT ask legislators to keep the current mandatory helmet law! Please use the newest letter and urge your MRO leadership to.

East Coast Helmet Law Protest!
When: Last Sunday of Myrtle Beach Bike Week, every year:
Location: South of the Border, I-95 and US 301/501 Dillon, SC
On your way back from Myrtle Beach Bike Week, enjoy a freedom ride in protest of mandatory motorcycle helmet laws! Of course, you CAN wear a helmet. This protest is for the riders right to decide. This ride is not organized, sponsored, or supported by anyone except other bikers. PLEASE - It is absolutely crucial that you ride sober, responsibly, and safely.
Suggested Minimum Age: 21,
Suggested minimum riding experience: 3 years.
Begin lining up at 10am. Ride briefing at 10:45. Kickstands up at 11am.
Be advised that there are mandatory helmet laws in most of the states north of South Carolina, and there is a high likelihood of being pulled over and ticketed. If you are ticketed, it is up to you to decide whether to help the states by paying the fines, or become a freedom fighter by arguing it in court.
Supported by BikersUSA.org and BOLT of NC
NC CBA/ABATE has some members supporting, and most oppose. You’ll have to ask them why.

BOLT returns to North Carolina
April 22, 2007 Raleigh, NC
BOLT of North Carolina is a group of motorcycle activists that will fight for the rights that you have as a free citizen of the United States of America. For more information about BOLT, please see the BIKERS USA Blog and the BOLT of NC site or email for information. BOLT of NC is looking forward to working with all other persons and groups who are involved in motorcycle rights in order to have a unified approach to getting back some rights that have been stepped on, and protecting what rights remain.

NC House introduces helmet bill to force NHTSA standards.

4/6/07 Raleigh NC
HB 563 would call for all bikers in the state to wear motorcycle safety helmets which comply with FMVSS 218 standards by the NHTSA. FMVSS 218 is a standard used by manufacturing engineers and defines how a helmet is constructed and how the NHTSA tests the helmets for compliance.

There are problems with how the bill is written, and there have already been problems found with the enforcement of similar laws. Thus, Bikers USA has written a letter to all NC legislators, and you may copy the letter if you want to help voice your opposition to the mandatory helmet laws and the use of FMVSS 218.  See Helmet Law Opposition Letter (UPDATE: NEW LETTER! USE THIS!)
This bill is OPPOSED by BIKERS USA and BOLT of NC.
Please contact your legislators and say NO to HB 563

NC CBA/ABATE has not given an official position. You’ll have to ask them why.
Update 4/22/07 NC CBA/ABATE has issued a position statement and call to action. However, their call to action suggests that bikers contact the legislators and suggest alternative wording:
“In regards to HB 563, Traffic and Personal Safety Changes; Please remove all reference to FMVSS 218 in the recommended changes to "§ 20-140.4.  Special provisions for motorcycles and mopeds. 

An acceptable language change to Section 1 a, (2) would read:
....unless the operator and all passengers thereon wear safety helmets, properly secured on their head with a retention strap.

HUH? That call to action is not acceptable. It tells the legislators you would agree with the mandatory helmet law if it were worded in that way. Some other verbage in their call to action is okay, but a motorcycle activist wanting to repeal the mandatory helmet law would never say the above is acceptable!

So, you really think a mandatory helmet protects you?
92% of motorcycle fatilities in North Carolina were wearing helmets!!
Ride Sober and Safe, and Watch out for Cage Drivers.
Forcing bikers to wear helmets was NOT the solution for the 92%.

Center for Motorcycle Safety and Crash Prevention as part of UNC.

Update 4/22/07 : BIKERS USA and BOLT of NC opposes this bill as written. This bill is funded in entirety by bikers, for the good of the State of North Carolina. Safety is great, but do not sacrifice rights for safety, and do not single out bikers to fund infrastructure improvements to the state.

4/8/07 Raleigh NC
Senate Bill S1121 has been introduced in the North Carolina legislature. If enacted, the bill would establish a Center for Motorcycle Safety and Crash Prevention which would have professional researchers study the cause and prevention of motorcycle accidents. This bill appears to have the support of NC CBA/ABATE, the states leading motorcycle rights organization.

Funding for the center would come from a $2 increase in the annual motorcycle registration fee.

Two dollars ($2.00) from each motorcycle registration additional fee shall be used to fund the North Carolina Center for Motorcycle Safety established pursuant to G.S 116 43.2.

To read the full bill, and check its’ status, please see NC Legislature S1121

The bill appears to be supported by leadership of CBA/ABATE. Please see them for their official position.

Senate Bill 375 Motorcycle Learners Permit
BOLT of NC Opposes: This bill is well-intended, with legislators hoping to reduce the number of accidents and injuries of new motorcycle riders. However, in practice, it is likely to provide incentive for inexperienced riders to rush to get a full motorcycle endorsement rather than take time to learn before being allowed to carry passengers. $50 seems punitive, with no similar penalty for learners permit renewals of other vehicles.

Motorcycle Lobby at the NC State Capitol
2/7/2007 Raleigh, NC Report by Bikers USA
Motorcycle rights, safety, and education activists were in Raleigh to speak with their legislators about issues of importance to motorcyclists. Full Story and photos! - NC Motorcycle Lobby Day

2007 North Carolina Legislature Opening Day!
Jan from Bikers USA attended as an NC private citizen. Was able to speak with the NC Senate Majority Leader, Tony Rand, about a motorcycle safety awareness funding proposal. See Opening Day 2007.

Want to reduce Traumatic Brain Injury? Exercise!
ACCORDING TO THE CDC, FALLS ARE THE MOST COMMON CAUSE OF TBI. IN 2000, TBI ACCOUNTED FOR 46% OF FATAL FALLS AMONG OLDER ADULTS. CDC recommends exercise as one way to reduce falls.

Also see North Carolina Biker and Carolina Motorcycle Events

Nearby states for Motorcycle Events within easy riding distance include:
 South Carolina, Tennessee, Virginia, West Virginia

North Carolina continues to have a mandatory helmet law despite decades of independent and organized protest by NC Bikers. In the above photo, a rare moment during a Freedom Run, when we legally rode without helmets, under police escort, to the NC Legislative Building in Raleigh. The tyranny started in the 60’s when feds threatened highway funding to states. Tell your state reps helmets should be a choice; not a mandate. “LET THOSE WHO RIDE DECIDE!”

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