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Sent: Wednesday, April 16, 2008 7:19 PM
Subject: Politricks ABATE Style 08
This years Motorcyclists Rights Rally has taken on a new urgency.
In June 2006, the Legislative Budget and Finance Committee issued the first of two required reports on reported motorcycle
crashes and associated injuries and fatalities since the repeal of Pennsylvania's helmet law. (Actually we have modified
the law - not repealed it)
As required by House Resolution 349 of 2003, the Committee is currently working on the second report on this subject.
The study is due to be completed by July 1, 2008. At that time we suspect there will be a Committee meeting and press
conference releasing the findings of the study.
The objectives of the study are:
1. To review accident reports and compile and analyze data on motorcycle crashes occurring in the Commonwealth
as reported through the Department of Transportation's Crash Information Systems and Analysis Division.
2. To compare the number of injuries, by type and severity and fatalities associated with motorcycle crashes both
before and following the enactment of Act 2003-10, Pennsylvania's helmet repeal law.
3. To determine the number of individuals involved in reported motorcycle crashes who were wearing helmets and
the increase, if any, in injuries and fatalities specifically due to head trauma that may be attributed to individuals not
wearing helmets.
4. To review pertinent statistical data and similar studies done at the national level or in other states of motorcycle
crash-related hospitalizations and the relationship, if any, of the use of motorcycle helmets and injuries and fatalities
associated with motorcycle crashes.
The Committee has sent us a letter asking for any comments or information A.B.A.T.E. may wish to provide to the Study.
I will be consulting with Members of the Executive Board to determine what response A.B.A.T.E. of PA will make, if any.
We definitely will be present at the Committee meeting and be prepared to respond to any and all questions.
Here is the makeup of the Committee at this time:
Senator John Pippy, Chairman
Senator Gerald LaValle, Vice Chairman
Senator Jay Costa, Jr.
Senator Robert Tomlinson
Senator Robert Wonderling
Senator John Wozniak
Representative David Levdansky
Representative Steven Barrar
Representative Scott Conklin
Representative Anthony DeLuca
Representative Robert Godshall
Representative Mark Mustio
The Executive Director is Phillip Durgin, and the Chief Analyst is John Rowe, Jr.
The only action required on our members part is to make sure that our representation at the upcoming Motorcyclists Rights
Rally sends a clear message to the Legislature that this is still an issue of great importance to the motorcyclists of the
Commonwealth.
A.B.A.T.E. of Pennsylvania is making every effort to give you a quality Rally and to send a positive message to the Legislature.
We can't do that without YOUR presence at the Rally. Remember, this is a rain or shine event. It's your one chance
to make your statement.
See you there.
Charles
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Now, I know it sounds bad. "Noise or Sound Management". I cringed everytime I heard Charles, (our lobbist), Paul, (our
L.C.), or anyone tell me or I read, "...you quiet those bikes/pipes or they will...". Well, I would automatically take a harsh
defensive position on this subject. As I love to hear my old Shovelhead roar from time to time. But, after attending this
years L&L conferance and sitting in on Mayor Rick Gray of Lancaster's class, I have "SEEN THE LIGHT".
What they are trying to say is more that, we should use our pipes wisely. Don't roll them open between the buildings
in town, pissing everyone off. Or don't be opening them up in a quiet residentual neighborhood. They really aren't yelling
at us, they are just trying to make a point, in my opinion, in the wrong way. Telling me to quiet my bike or someone else
will, gets the same response as you telling me you are taking away my right to bear arms. "From my cold dead hands"! And
I don't really hear much after that. Never thinking of, just keeping my wrist from wrenching open the throttle at 3am so the
neighbors know I made it home safe, again. (I thought I was being polite). Seriously though, just think
before you twist!!!!
So, I send out a thank you to Charles, Popcorn, and the good Mayor Rick Gray and all those that helped put together the
L&L. It made a differance with this aging degenerate biker. I can now educate others on using their "sound" more wisely.
So, maybe we can keep our scooters the way we chose to as individuals. Whether your prefer your's nice and quiet, or thundering
loud. Try to remember, "they" are out there... listening. Try to keep the loudness away from the general population that
might fail to appreciate the true sound of an old shovel, or the shot gun pipes of your low rider or the cackle of a lost
baffle of the hopped up sport bikes. It is all good in the proper time and place.
Just another Lil' Joe soapbox.
April 2nd, 2008
A.B.A.T.E. of Pennsylvania
Alliance of Bikers Aimed Toward Education
POSITION
Sound “Noise” Management
Motorcycle sales are at a record high. That’s good news for the industry as well as the after
market business. It’s also good news for us in the motorcycling community. More riders translate
into bigger and better cycling events. But with the additional motorcycles on the road, comes a
higher visibility and awareness of bikes.
In the real world not everyone is as excited about motorcycles as we are. Not everyone
appreciates the sound emitted by bikes fitted with after-market pipes that increase sound levels
and especially those that run straight pipes.
Noise is quickly coming to the forefront of complaints regarding motorcycles. Some communities
are already making plans on how to deal with large groups of potentially noisy motorcycles coming
into their communities.
A.B.A.T.E. of Pennsylvania has been at the forefront of the battle to protect certain freedoms that
motorcyclists regard as “rights”, such as the freedom to choose whether or not to wear a helmet.
We have enjoyed success in some of these areas, and believe that these successes must also
make us aware of and respectful of those freedoms that the non-motorcycling community also
regards as rights.
The right to life, liberty and the pursuit of happiness applies to all citizens, not just motorcycle
riders. In the same way our right to choose whether or not to wear a helmet is a priority to us and
a “quality of life issue”, so too is the noise issue a priority for non-riders and an issue they
view as a
“right” or entitlement.”
If we fail to assume the responsibility that comes with the freedom we so passionately sought, we
risk losing the support and credibility that we have established with our legislators in Harrisburg.
A.B.A.T.E. of Pennsylvania’s official position on excessive motorcycle noise is that we accept the
current state noise level requirements based on the PA Administrative Code Title 67, Part 1,
Subpart A, Article VII Chapter 157, Subchapter B, Section 157.11, Paragraph a: Max A-weighted
sound levels as measured at 50 feet: 84dba at 35 mph or less; 88dba above 35 mph.
Additionally, A.B.A.T.E. of Pennsylvania does not oppose uniform statewide vehicle noise statutes
that would apply equally to all vehicles. We believe that our members and the motorcycling
community at large would “do their part” to reduce vehicle noise if all sources of excessive
vehicular noise were subject to the same standards and level of enforcement.
We do vigorously attack any attempt to “single us out” in terms of enforcement or penalties
because such proposals treat us differently than all other users of the road.
As Members of A.B.A.T.E. of Pennsylvania we realize that we cannot live in isolation, unaware of
the effect of motorcycle noise on the public at large. Therefore, we voluntarily will maintain our
motorcycles to a standard that will allow us to coexist in harmony with the community at large.
3/23/04
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A.B.A.T.E. OF PENNSYLVANIA
RESPONSE
TO THE NATIONAL TRANSPORTATION SAFETY BOARD’S
RECOMMENDATIONS OF 9-11-07
On 9-11 the NTSB issued recommendations to states to require all motorcyclists and their passengers to wear
Department of Transportation federal motor vehicle safety standard (FMVSS) 218-compliant helmets.
A.B.A.T.E. of Pennsylvania, the Alliance of Bikers Aimed Toward Education, has expressed their opposition to
the NTSB safety recommendations. Accident prevention saves lives, not federal mandates. Greater penalties for right-of-way
violations and stricter laws for inattentive driving would be more effective. Motorist need to pay greater attention to the
action of driving. Being behind a wheel of an automobile is NO time to multi-task.
Pennsylvania already has a helmet law.
The General Assembly passed Senate Bill 259 in 2003. That legislation modified the existing mandatory motorcycle
helmet law to provide qualified adult motorcycle operators and passengers with the option to decide what is best for themselves.
Pennsylvania Senators and Representatives supported a minimum of two year riding experience or successful completion of an
approved motorcycle rider education program as condition for optional helmet use by motorcycle operators 21 years of age or
older.
While the law does allow freedom of choice in the use of helmets it also contains safeguards for those not yet
trained or skilled enough to make an informed decision on helmet safety. Enactment of the freedom of choice bill on helmets
represents what our founding fathers intended when they wrote the Constitution….that government works best with the
consent of the governed.
Facts not fiction…
Since the helmet modification Pennsylvania has experienced a sharp rise in motorcycle sales and a dramatic increase
in biker tourism.
In 2003 there were 263,696 registered motorcycles. In 2006 that number increased to 335,720.
In 2005 there were 205 motorcycle fatalities. In 2006 the fatality rate decreased to 187.
Between 2000 (before helmets were made optional) and 2005 (after), motorcycle registrations in Pennsylvania
increased 48.3%. Fatalities in motorcycle crashes also increased, but only 36%.
A study by the State Legislative Budget and Finance Committee in 2006 found an 8.6% decrease in motorcycle fatalities,
per 10,000 registrations, from 2000 to 2005.
Most motorcycle fatalities in 2005 involved bikers who wore helmets. Only 42.6% involved known non-helmeted
motorcyclists, and the report does not say what portion of them died of something other than head trauma.
Conclusion:
The NTSB implies in its recommendation that thirty state governments have somehow "got it wrong" when it comes
to the validity of universal mandatory helmet laws. Nothing could be farther from the truth. Most of these states have had,
at one time or another, a universal mandatory helmet law, yet considered the results and modified their laws accordingly.
A.B.A.T.E. of PA believes that state legislators have more intelligence than the NTSB gives them credit for.
A.B.A.T.E. of Pennsylvania states, "Nothing illustrates individual freedom more than bare-headed bikers, and
many federal authorities detest freedom. We believe they will do anything to suppress it. "
The NTSB reached its recommendations with little or no input from the motorcycle community. This is just another
incident of bureaucrats in Washington trying to ram regulations down the throats of all fifty states.
We’ll have none of it.
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9-11-07 - Washington, DC - The National Transportation Safety Board issued recommendations to states to
require all motorcyclists and their passengers to wear Dept of Trans federal motor vehicle standard compliant helmets.
9-17-07 - We send Governor Rendell a letter expressing our opposition to the recommendations of the NTSB.
We basically wanted to insure that the Governor knew that we were still behind him 100% and that we wouldn't let him hang
out to dry.
9-19-07 - ABATE of PA issues a Response to the National Transportation Safety Board Recommendations. Go
on ABATE's website to view the document.
9-21-07- We send a letter to both of our US Senator's and to Rep. Todd Platts. Again, we expressed our
opposition to the NTSB recommendations of 9-11. We attach ABATE of PA's response to the NTSB.
9-25-07 - PennDOT responds to ABATE stating "The Governor still shares the belief that wearing a helmet
should be a personal choice."
10-3-07 - The NTSB sends a letter containing 82 recommendations to every Governor in the country. Listed
as one of the urgent recommendations is "use effective strategies to increase the use of compliant helmets."
10-15-07 - Every legislator received a letter from Dr. John M. Templeton, Jr. a former trauma surgeon
calling on each legislator to use their position of authority and influence to analyze the results of three or four years
of increased death and serious brain injury in motorcyclists in PA, and to consider the sincere request of trauma surgeon's
throughout the Commonwealth to bring back a law requiring motorcycle helmets on all motorcycle riders that is demonstrably
effective in saving lives and preventing crippling brain injury. We are preparing a response to all of the above nonsense
that will be mailed to each legislator tomorrow (10-16-07)
It's pretty obvious that the fight is not over and they are prepared to do whatever they have to in an attempt to put a
helmet back on your head. You need to plan now to attend our January L&L seminar so that you will be able to meet
the challenge of 2008. We also need some sponsorship from chapters and businesses who can afford to help out with expenses
for the Seminar.
We are at war!