Legislative Ramblings #7

August 11th, 2010

I would like to talk about the motorcycle helmet law that is current in the State of Tennessee .  You can find the law under Tennessee Code Annotated §55-9-302.  It’s titled “Crash helmet required for driver and passenger – Exceptions.”

In 2005, being unable to repel the law, CMT/ABATE was able to amend the law.

We added a provision to allow for NON Department of Transportation (DOT) helmets.

What exactly does this mean?  And I quote:

“55-9-302(a)(4) states “Notwithstanding any provision in 49 CFR 571.218 to the contrary, a label on the helmet shall be affixed signifying that the helmet complies with the requirements of the American Society for Testing Materials (ASTM), the Consumer Product Safety Commission (CPSC), the Southern Impact Research Center (SIRC), or the Snell Foundation.”

While riding in the State of Tennessee , I am no longer required to just wear a DOT helmet.  Does this mean I can wear a brain bucket (offending anyone yet)?  The answer is no.  I can however, choose other helmets that allow for more comfort and coolness in the hot summer months.  Basically some have called it the bicycle helmet law.  Because it does allow me to wear a bicycle helmet the meets the requirements under this law.

I have purchased a Pro-Tec kayaking helmet that does meet the above requirements.  It is cooler. My helmet has holes in the exterior which allows for greater wind flow during the hot summer months.   It’s lighter and a lot cooler.  This helmet and I stress, is currently legal in the State of Tennessee .

Requiring me to wear a helmet in Tennessee is a law that is currently required.  I will not get into the debate about this issue.  But I will look at what is currently available for the citizens of Tennessee .

Now lets look at the greater debate its called reciprocity.  What does that mean?  In Tennessee I must have a license plate on the rear of my car.  In Wisconsin I must have a license plate on the rear and the front.  Does Wisconsin issue a ticket if I drive in the state?  No.  I am a Tennessee resident, hold a Tennessee drivers license and Tennessee license plate.  I am legal in the state of Tennessee , am I then legal in the state of Wisconsin ?  The answer is yes, is called reciprocity.  The state will allow me to violate that law because I’m not from that state.  Another good example is license tags on motorcycle trailers.  I’m sure some people have encountered this before.  In Tennessee a single axle motorcycle trailer is not required to have a license plate.  In Georgia , South Carolina it is required.  Can they issue a ticket for this violation?  YES.  And I said yes.  But can I be charged? NO.

As with these examples I have mentioned you still can get a ticket the real question is are you going to do something about it and fight for your rights.  The debate thickens.  Do you take the time to fight for the cause of what you know is right?  Yes you do.  If you don’t then they win. They win by harassment and by knowing that being from out of state you will just pay the fine.  When you are clearly in the right your rights are worth fighting for.  I know that some people are saying I can’t afford to take the time off and it’s just easier to pay the fine.  Guess what they just won and you loose.  Some time we must stand up for OUR rights even when the majority and the system is against us.

So remember I can’t do it by myself.  It takes everyone to get involved.

Or you can watch your rights fade away.

Scott McColpin
CMT/ABATE
State Legislative Director
Lifetime Member
Tennessee Valley CMT/ABATE
1421 Stratman Circle
Chattanooga,  TN   37421
423-432-2708
legislative@cmtabate.com
www.cmtabate.com

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Reciprocal Bill (HB2648) Update

April 3rd, 2010

The reciprocal helmet bill would have allowed motorcyclists from  other states to ride helmet-free in Tennessee, if their home states allowed them to do so.  That bill is no longer on the calendar, which means it is not being actively worked.  There were several issues with the bill, but the biggest one was a note from Governor Bredesen:

After having carefully reviewed your bill, *SB2562/HB2648, we are unable to support it. We understand that this is an important issue to you and appreciate your efforts on this legislation.

However, we respectfully disagree with the intent of this proposal.  A representative from Governor Bredesens’s office will contact you shortly to discuss this matter further.  In the meantime, please consider taking no further action on *SB2562/HB2648.
 
Many of the legislators that we were working on would simply vote no after the Governor’s office got involved.  We need to work with our members and get them involved this summer, with elections.  We all need to contact our legislators and get involved because this is the time we can make a difference.

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RED ALERT !!!

February 6th, 2010
I know this is short notice but that is how things work in Nashville.
 
HB2551(Dean)  To add motorcycles to the lemon law.
 
This bill will be heard in House Committee Consumer and Employee Affairs;
Subcommittee Consumer Affairs, February 9th @ 8:30 am CST.
THAT’S THIS TUESDAY !!!!!!
 
HB2551 is the second bill on the agenda for the day and there is only two
bills being heard that morning.
 
If you live nearby and can make it that day anyone’s presence will be GREATLY APPRECIATED.
 
But no matter if you can make it or not YOU MUST FIRE UP THE PHONES.
 
You have Monday morning so get to it.
 
The Subcommittee Consumer Affairs has the following members:
 
Jim Eldridge, Chair                   R – District 73 [pt of Madison County]                            Jackson, TN       (615) 741-7475
Jim Hackworth, Vice Chair      D – District 33 [pt of Anderson County]                          Clinton, TN         (615) 741-4400
Glen Casada*                          R – District 63 [pt of Williamson County]                        Franklin, TN        (615) 741-4389
Judd Matheny*                        R – District 47 [Coffee County & pt of Warren County]  Tullahoma, TN    (615) 741-7448
Jeanne Richardson                   D – District 89 [pt of Shelby County]                               Memphis, TN     (615) 741-2010
Johnnie Turner                         D – District 85 [pt of Shelby County]                               Memphis, TN     (615) 741-6954
* co-sponsors.
 
Please tell them you would like their support in regards to House Bill 2551.  This bill will allow motorcycles to be included
in the current state lemon law.  Some motorcycles cost more than a car and the consumer (you) should be protected
under this statute.
 
Be polite and if they say no ask why and get back to me.
 
NOW IS THE TIME.  SIX PEOPLE WILL DECIDE THE FATE OF OUR BILL.
 
GET THE PHONE CALLS GOING.
Scott McColpin
CMT/ABATE
State Legislative Director
423-432-2708
legislative@cmtabate.com
www.cmtabate.com

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February Legislative Update

February 4th, 2010

LEGISLATIVE RAMBLINGS – Issue #2

February, 2010

Welcome to the last half of the 106th General Assembly.  I spent all day in Nashville just this last Wednesday (Jan. 27th) and want to communicate my efforts on our progress.

The three bills that CMT/ABATE is working on this year are listed below.

 HB2551(Dean)/SB2649(Burchett):

This bill will allow motorcycles to be added to the lemon law regarding warranty protection.  I think this is going to be a ground breaking legislative bill for the state of Tennessee and will hopefully set a new precedent in other states.  We have already obtained 8 co-sponsors for this piece of legislation.  The co-sponsors are Todd, Harmon, Casada, Brooks K., Matheny, Tidwell, Hensley and McCormick.

 HB2633(Deberry J)/SB2787(Burchett):

This bill will allow motorcycles to display their tags vertically instead of the traditional horizontal configuration.  Virginia and Florida have already passed similar legislation in regard to vertical tags.  We currently don’t have any other co-sponsors to this bill.  So the phone calls need to get fired up.  Get your state representative on board and ask if he/she will co-sponsor this legislation.  There has already been a negative fiscal note attached to this bill.  If you read the note it says that the state stands to lose $1,100 for not being able to write such tickets.  When does the state of Tennessee fund its budget by issuing citations to its citizens?  Police departments across this state are not supposed to issue tickets to fund their agenda; they are supposed to issue them for the safety of its citizens.  This fiscal note is a direct attack against motorcyclists across this state.  I urge every member to call and voice their opinion on this issue.

 HB2648(Tidwell)/SB2562(Southerland):

This bill will allow motorcyclists from states that do not require helmets to enjoy that freedom while riding in this state.  We are currently working hard on this legislation and have already attracted GREAT opposition.  There currently is no fiscal note attached to this bill but I expect one shortly.

 Not only does each member of CMT/ABATE need to call and thank these representatives you need to get your elected official on board.

Now is the time to step up and call your officials.  Or watch your rights get trampled into the ground once again.  As a friend of mine says get off your butt and do something about it, before it’s gone.

I’m still keeping and eye on HB0036 by Rep. G. Hardaway.  This bill will remove the exemptions that are in the current law for helmeted All Terrain Vehicles.  CMT/ABATE is opposed to this bill because of the safety issue in requiring mandatory helmet use and on private property.  There has been no new action on this bill but we must still be vigilant and keep our eyes open.

February 24th (Wednesday), is our Legislative Day in Nashville.  Please try to come and lets see how many leather clad motorcyclists we can get on the hill.  The bills we are running this year are just that–bills.  Do you want to see the law change in the state of Tennessee?  Then please take the time to come to Nashville on the 24th and be there by 9:00 am CST. Room 112, War Memorial Building.

So remember I can’t do it by myself.  It takes everyone to get involved.

Or you can watch your rights fade away.

Scott McColpin,State Legislative Director
(423) 432-2708
legislative@cmtabate.com
www.cmtabate.com

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“How can I help?”

December 12th, 2008

Are you concerned about your rights?  Do you disagree with some existing law, or some bill that has just been introduced?  Is there some new bill you would like to see introduced and passed into law?  Are you ready to get involved with your legislative process, but you don’t know how?

I’m glad you asked!  CMT/ABATE is a grass roots political organization, with no paid lobbyists.  This is a volunteer organization, and your contributions will be very much appreciated.

One direct way of helping is to learn about the issues and contact your elected officials, letting them know where you stand.  A phone call or letter from a constituent is very important, and is always taken seriously.  It’s surprising how few people actually take the time to talk to the people they elect, and voice their opinions.  We can help you understand the issues, and we can help you contact your elected officials.

You can also become a member of CMT/ABATE.  As our membership grows, we can speak with a louder voice.  Our elected officials want to know how we feel about the issues.  They know that as the State Motorcycle Rights Organization, CMT/ABATE represents the views of thousands of bikers throughout Tennessee.  The bigger we are, the more attention we can get.

There are countless ways to help, from simply supporting our events, to stuffing envelopes, to writing a “letter to the editor” and many, many more.  Come to our meetings, and learn who we are.  We have 17 active charters, holding monthly meetings throughout Tennessee.  Drop by and say hello.  Click here to see a charter map, and here for meeting and contact information.

Bob Celmer
Webmaster

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Welcome to the CMT/ABATE Legislative Blog

December 11th, 2008

Your CMT/ABATE Legislative team will use this blog to provide regular legislative updates, and to make action requests.  When you want to know what’s going on with our Legislative efforts here in Tennessee, or if you want to know how you can help out, this is the place to look!

If you have any questions or concerns about this blog, please email “Webmaster” at cmtabate.com.

For legislative questions or concerns, send an email to “Legislative” at cmtabate.com.

Membership questions?  You guessed it.  “Membership” at cmtabate.com

Bob Celmer
Webmaster

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