Raleigh NC (AMP)
NC State Senator Harry Brown introduced new motorcycle licensing regulations which many NC motorcyclists oppose. NC House passes SB 64 motorcycle learners permit bill.
On Thursday, July 30, 2009 a bill to change motorcycle learners permits and licensing requirements was approved by the NC House despite opposition within the motorcycling community. An amendment was introduced in House chambers prior to passage. The bill has been sent back to the senate for concurrence. Many motorcyclists were united in rejecting the legislation sponsored by Senator Harry Brown which was introduced at the request of the base commander at Camp Lejeune. In previous years, Senator Tony Rand attempted and failed to pass similar legislation requested by the Commandant at Fort Bragg.
The proposed bill would introduce mandatory and expensive training classes, and would limit the number of times learners permits can be renewed. There are no similar requirements placed on those who choose to operate other motor vehicles, creating a situation that is not equitable.
The previous Thursday, one NC motorcyclist rights group, B.O.L.T. of NC, with the help of many independent bikers, ramped up efforts to contact all NC House members to tell them they oppose the bill for several reasons, and continued to communicate their opposition for the entire week. In addition to demanding laws on par with other motor vehicles, B.O.L.T. was able to point out military regulations and case law which already gave base commanders all the authority they need to fix the problem of a few troops not following orders, which base commanders want addressed. According to military regulations, troops desiring to own a motorcycle are under orders, subject to the UCMJ, to take mandatory training courses. Bikers advised house members about a Fayetteville Observer interview in which the Fort Bragg garrison safety manager said the legislation would help "catch the 1% of troops who don't follow orders", and rejected the notion of using state legislation to force military influence onto the civilian population without sufficient justification.
Some legislators think the legislation will stop the perpetual renewal of learners permits, since it limits learners permits to one 6 month renewal. However, if that 6 month renewal expires before a person is able to get an endorsement, due to no classroom seat available, or any other reason, there does not appear to be any legal basis in preventing a person from obtaining another one year learners permit.
Within a day of the ramped-up efforts by B.O.L.T. and various independent bikers calling house reps, CBA/ABATE, the largest membership-based motorcyclist safety/rights/education organization in the state, issued a call to action on Friday which contained a useful set of talking points penned by Paul Whilms. The bill was removed from the house calendar on Monday. On Tuesday, the House removed the bill from the calendar once again. Tuesday afternoon, B.O.L.T. issued a in-state call to action specifically targeted at contacting the bill sponsor. This action was supported by B.O.L.T. National Director Tony "Pan" Sanfelipo. On Tuesday evening, the American Motorcycle Association (AMA) joined in the opposition by issuing an alert. Wednesday morning, bill sponsor Senator Harry Brown called Janice MacKay, B.O.L.T. of NC Director, to say an amendment was in the works, but details were not yet available. Wednesday afternoon, the House read the bill and heard a motion for amendment by Rep Dale Folwell who negotiated deals with the bill sponsor, NC DMV, CBA, and AMA, to make the bill agreeable to those parties involved in the negotiation. B.O.L.T. and many independent bikers continued to voice opposition, corresponding with any legislators who would listen via their laptops right from the house floor while the house was convened. The house passed the 2nd reading, 94 - 21. For an unknown reason, Speaker Hackney kept the bill on the calendar rather than allow it to go into a 3rd reading. The 3rd reading appeared on the calendar for the next day. The amendment was published. Some bikers continued to contact the legislators in opposition, on Wednesday evening and Thursday morning, to clarify that a bad bill is still a bad bill, and should be voted against, regardless of any deals made by a few people. On Thursday, the bill passed in the house 75 - 33 and was engrossed. The final phone calls and emails to clarify steadfast opposition to the bad bill managed a 50% increase in the number of representatives voting against, as compared to the day before, but it was far from enough to prevent passage.
Those house members who opposed the bill in the 3rd reading, as requested, are:
Alexander, M.; Coates; Earle; Fisher; Glazier; Goodwin; Insko; Lucas; Luebke; Tarleton, Blackwell; Blust; Brubaker; Burr; Burris-Floyd; Current; Dollar; Hilton; Holloway; Hurley; Iler; Ingle; Johnson; Justus; Killian; McCormick; Moore; Sager; Setzer; Starnes; Tillis; West; Wiley
The "BENEVOLENT GOVERNMENT SPIN" on this, from at least one legislator who voted for the bill, is to make it appear that residents are being "allowed" something rather than being forced to comply with additional mandates.
At the time of this writing, the amended bill is expected to be read in the Senate as early as Tuesday, August 4, 2009.
All 50 senators have already been contacted, and advised that the bill should be voted against, for reasons of inequitable laws for motorcyclists, age discrimination, mandatory and expensive training courses which do not have enough classroom seats available, and legislation that does not appear to accomplish it's objectives. Ironically, Senate Bill 64 as amended, does not appear that it will do what the original requesters, the military base commanders, wanted.
Comments
Tell the NC Senate to Vote NO on SB 64
Please voice your opposition to Senate Bill 64 Motorcycle Learners Permits by contacting your senator between now and Tuesday morning, August 4, 2009. If necessary, remind them that they work for you. To find your senator, go to http://ncleg.net and enter your 9 digit zip code, in the lower right corner, where it says "Who Represents Me?"