LEGISLATIVE ALERT - 9/27/2003

LEGISLATIVE ALERT - 9/27/2003

After returning home from the MRF's Meeting of the Minds we have a few
action items that need your attention as well as some information that we
need to relay in regard to federal rules and legislation.

UPDATE
In an effort to keep the EPA's proposed rule on motorcycle Emission
Standards at bay, Tom Wyld of the MRF met with the White House's Office
of Management & Budget (OMB) just days before the conference began.
Although the EPA was in attendance at the meeting, they maintained
that they have no authority over the aftermarket parts industries.

Regardless of the court case they cite, they still have control of the
finished product rolling down the highway and those who assemble them so
their pleas of no authority should not carry any weight -- the EPA's proposed
rule on motorcycle emissions can and will effect the thousands of after
market parts industries all across America.

The OMB once again listened to motorcyclist's pleas, but weather they heard
them or not will only be determined by the absence of the rule.

UPDATE
In an effort to help Congress regain some iota of control over agencies such
as NHTSA and the EPA, the MRF is supporting HR110 the Congressional
Responsibility Act of 2003. Introduced by U.S. Representative J.D. Hayworth
(R-Arizona) this bill would require congress and the president to fulfill
their constitutional duty to take personal responsibility for federal laws.

The purpose of this Act is to promote compliance with Article I of the
United States Constitution, which grants legislative powers solely to
Congress. Article I ensures that Federal regulations will not take effect
unless passed by a majority of the members of the Senate and House of
Representatives and signed by the President, or that the members of the
Senate and House of Representatives override the President's veto.

UPDATE
HR2542 The Joint Committee on Agency Rule Review Act as introduced by
Representative Bob Ney (R-Ohio) establishes a new "Joint Committee on
Agency Rule Review" and positively requires rules to be reviewed by that
committee and the committee of jurisdiction.

ACTION
Next Thursday ABATE of Illinois will be meeting with members of the Illinois
delegation to discuss the pending EPA rule. In order to put faces to those
who would be effect by this rule, we are asking for e-mails & photos from
anyone who has ever custom built a motorcycle. Please include your town
and state as well as the number of bikes that you have created, and if it was
for resale or for personal use. Also let us know if you have done business
with an aftermarket custom shop; please include their address as well.

ACTION
#03NR33 - MRF Call to Action: NHTSA Pushes for United Nations
Acceptance of Mandatory Rider Apparel

Having failed to convince State legislatures to adopt laws mandating helmet
or apparel use by motorcyclists, the National Highway Traffic Safety
Administration (NHTSA) has potentially found another body to advance
mandatory-use laws: the United Nations.

The Motorcycle Riders Foundation (MRF) has learned that, in total defiance
of legislation passed by Congress, NHTSA has moved its efforts to the United
Nations, specifically the world body's "Inland Transport Committee: Working
Party on Road Traffic Safety (WP.1)." In a document dated July 15, 2003,
and during meetings held by WP.1 in Geneva, Sept. 22-25, 2003, NHTSA
presented the following recommendations for WP.1:

Action: "To start a discussion and exchange of information among WP.1 member
nations and key non-governmental organizations on motorcycle safety
programmes." As part of NHTSA's proposed action plan, it urges a
questionnaire be circulated among member states (editor's note: in this
instance, "member states" means countries involved with the United Nations).
Among the questions NHTSA requests for inclusion on the questionnaire:
"Fatality and injury rates due to motorcyclists not wearing a helmet at the
time of the crash;" "Laws governing helmet use;" "Amount of penalty for not
wearing a helmet;" and "Are there any repercussions, other than fines, if
riders do not wear a helmet."

NHTSA's estimated timeframe: September 2003 - form a working group;
April 2004 - develop and distribute questionnaire; April 2005 - present
preliminary results and recommendations to WP.1. This July 15, 2003 NHTSA
document will be posted in its entirety on the MRF web site next week.

The Federation of European Motorcyclists' Associations (FEMA) disclosed the
NHTSA strategy at the September MRF Meeting of The Minds. FEMA is a
partner with the MRF, AMA and FIM in ensuring the voice of riders is heard
at "Working Party 29 (WP.29), the global vehicles harmonization talks being
held in Geneva under the auspices of the U.N. The NHTSA document surfaced
in Geneva.

Mrs. Rose McMurray and Dr. Jeffrey Rungie represented NHTSA at the WP.1
meetings held in Geneva Sept. 22-25. Bob Tomlins, FEMA, reported that Mrs.
McMurray, when pressed on the proposed focus on helmets, responded that
there are, "compelling safety problems that unite everyone and that the
polarizing helmet debate could be set aside in order to work on the bigger
safety picture."

"This extraordinary move is a violation of Congressional action and intent,"
said Karen Bolin, President of the MRF. "Congress has directed that
motorcyclist apparel issues are matters to be decided by the states - not
the Congress, not a federal regulatory agency, and certainly not the United
Nations. This calls for a vigorous, sustained response from the
Motorcyclists' Rights Movement in the United States. The MRF will pursue
every option available to halt NHTSA's regulatory power grab."

NHTSA represents the United States in the global talks. As a signatory to
the international agreement to establish WP.29, the U.S. is obligated to
initiate a federal rulemaking whenever WP.29 agrees to a Global Technical
Regulation (GTR).

"If NHTSA initiates a rulemaking on mandatory apparel of any kind, the
regulation usurps State legislative prerogatives," said Tom Wyld, MRF
VP-Government Relations. "We would view that as a violation of the Tenth
Amendment, and the MRF will use every avenue available to fight such
infringement."

The MRF urges ALL motorcyclists and riding organizations to do the following
NOW:

1. Contact your Congressman and U.S. Senators (202-224-3121)
(www.house.gov) (www.senate.gov).

2. Explain the situation, let them know your views, and ask for their help
in pressuring NHTSA to abandon its bid to regulate American motorcyclist
attire through the United Nations.

3. Ask your Congressman and Senators to follow-up with you on this issue.

4. Follow up with them.

5. Please e-mail Tom Wyld with any feedback you receive from your
Congressman or Senators (mrf-news@mrf.org).

CLOSING
The more things change, the more they remain the same. While some attacks
are blatant others are more covert. In the end the enemy's goal is to
remove us from the road entirely. Just remember we must watch our flank,
protect our brothers and most importantly - be ever vigilant.

Cheryl Pearre
Legislative Coordinator
ABATE of Illinois
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