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Legislative Affairs Report June 2009

by StateLAO 28. November 2010 06:33

LEGISLATIVE AFFAIRS OFFICER REPORT - June 2009

 

When Will Those Who Ride Decide?

Sounds like a trick question, but it really isn't.

We always say "Let those who ride decide," hoping that someday someone will give us that right.

But there isn't any "let" about it, because the decision is already in our hands.

The real question is whether bikers will decide, or continue to leave that decision to others.

Just to clear things up, I'm not talking about violating the helmet law.

That's a whole other story. And I'm not talking about court challenges, where a judge decides the law.

I'm simply talking about the easiest way to take charge of the helmet law -- and all bikers rights issues -- with one simple act.

Whether we do it or not, it is still our decision.

Letting Others Decide

Most of the time we let others decide for us. When we write to a newspaper, we hope the editor will decide to print our letter.

And in our letter we ask the public to see things our way, hoping they will decide to respect our rights.

But neither the editors nor the public has the ability to change the law.

Whatever they decide doesn't matter outside the court of public opinion.

Biker's rights advocates usually go straight to the state legislature. They know that's where state laws come from,

and state laws affect motorcyclists the most.

During lobby day -- and throughout the legislative session -- bikers ask state legislators to decide

in our favor when they consider bills affecting motorcyclists.

And these decisions are important, because legislators are the lawmakers.

 

When to Decide

There is one time period, however, when bikers can decide for themselves.

That time is the campaign season -- when legislative candidates need our help. And that means more than just voting for them.

It means delivering votes -- through campaign work. That's the only time we can help them, too.

Whichever candidate has the best volunteers wins the election, and there are no better volunteers than bikers.

But if bikers ignore candidates during the campaign season, legislators will surely ignore bikers during the legislative session.

There's a difference between what you say and what you do.

When it comes to freedom, a pair of flags on a bike can't top a pair of campaign signs in the ground.

While "the pen is mightier than the sword, it's also obvious that "actions speak louder than words."

Every little bit helps. And one hour is all it takes -- the same manpower it takes for one bike wash, one afternoon putt,

or one chapter meeting.

When bikers work as campaign volunteers, they decide who the state legislators will be.

And when they help candidates win, they get the helmet law handed to them on a silver platter --

along with virtually every other bikers rights issue there is.

It's Really Up to You

Every biker that can draw breath can spare one single hour. If they say they can't, they're really just choosing to let someone else decide for them. But that "someone else" includes YOU!

What can you do right now? For starters, join an SMRO. If you're already a member, ask your SMRO which campaigns need help. Talk about campaign work at your next meeting, or write about it in your newsletter.

Best of all, you can lead by example. If you make it a priority, you'll find the time. Or you can choose to let others decide for you.

Either way, it's totally up to you.

-----------------------above reprinted from b4bs.net ------------------

 

Another legislative session has passed in Washington State.  
As report previously, the big issues this year was the budget.  
This made it a difficult year to have anything of significance brought forth by any interest group.  
It was easy for our bills to be killed by a simple fiscal note.  
As a riding community, we want our FREEDOM.  
What this means is that we need to be exempt from external control, interference, regulation, etc; 
we desire the power to determine our own actions without restraint.  
We want the right to enjoy all the privileges or special rights of citizenship, membership, etc., in a community of our choice.  
These are all definitions of FREEDOM.
What we seek through legislation is LIBERTY; 
which is our freedom from arbitrary or despotic government or control; 
and the right to have freedom from control, interference, obligation, restriction, hampering conditions, etc.;
power or right of doing, thinking, speaking, etc., according to our individual choice.
A historical perspective is necessary to see what has happened to our Liberty; 
how our Liberty has been stripped for us; 
how close we are to completely loosing the right to ride free; and what we have to be prepared to do about it.
In the early 1960’s, all a person had to do was have a motorcycle.  
There were not classes to take; no endorsement to purchase; no helmet requirement; 
no special equipment to place on your bike; and you were free to decide how, when and where you would ride.  
Through time and slight of hand, we have been relieved of the responsibility to choose.  
We GAVE that right to the government.  
IT IS TIME TO MAKE A STAND AND PUT THE RESPONSIBILITY OF THE GOVERNMENT BACK IN THE PEOPLES HANDS!!!!
Now that the politicians have patched up the budget, we can get down to business.  The business is to restore our Liberty.  It is important to note that we are not in a fight to gain our Freedom.  Liberty begets FREEDOM!!  Freedom does not, however beget LIBERTY.
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SB 5482
This is a very curious legislation. 

The WSP, by submitting and getting SB 5482 passed has possibly stubbed their toe when it comes to the helmet language.  While it is true that they stated their goal was to align with federal language, the FEDs do not legislate the individual rights of the State to make law.  Prior to 2003, the language of the helmet law referred directly to CFR 49 FMVSS 571.218.  In several cases, it was ruled in court that the language of the law was vague and not understandable to the person of average intelligence when it came to knowing what complied to the FMVSS (manufacture) regulations.  In testimony at the Senate hearing on SB 5482, I spoke directly to the engineering standards, and challenged the committee to look directly at 218 to determine if they could make sense of it.  Apparently none of them did, and the WSP got their way.  The 'new' language that goes in effect on July 26, 2009, will bring some of these previous court cases back into play.

 
Take a look at State v. Maxwell (1994) 74 Wash.App. 688, 878 P.2d 1220, and Pinnell v. City of Spokane (1996). 

Since 2003, the best we could do as a community was to individually fight any ticket we received.  Now, with the new language going into effect on July 26, 2009, I believe we have a chance to take the fight further up the legal food chain, and get more rulings to go along with those listed above.
In short, only time will tell what the WSP's real agenda is with every section of the bill.  I am certain that their plan will be interesting, and has a very real possibility of backfiring.

                      

Of note, this bill does include language that gives us a starting point with the malfunctioning signals.  
While it is not as strong as we would have liked, the State, Counties and Cities have a responsibility to recalibrate 
the sensors to detect both bicycles and motorcycles.  
We will be unveiling a plan to help identify and report the locations where the signals are not picking up our presence.  
Standy-by for more on that as time goes on.
 
 

                                     Enough said.

              Mr. Breeze

 

              Legislative Affairs Officer

              Donnie 'Mr. Breeze' Landsman

                                                                                                                       

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