Bikers Rights Issues

Okla.
The Battle Begins


Okay, Folks--It looks like the opening salvo of the battle has been fired!  Rep. Skye McNiel (R-Tulsa) (Oklahoma House Majority Whip--House District 29) has just filed a bill, HB1539, and the verbiage will strike the words "under 18 years of age" so Title 47 will mandate UNIVERSAL HELMET WEAR for ALL riders in Oklahoma. Check out the excerpt of HB1539, which is attached as a Word Document--it's listed below for you to research, but it's pretty a simple action.  One sentence is stricken from the statute, and we all lose our Freedom of Choice.  I've forwarded the information on to Holly, our Political Director, and she'll send out a Legislative Update as soon as she finds out more definitive information.  Charlie Williams, our ABATE Communications Director, also has a meeting with Oklahoma's new House Speaker, scheduled for next week. However, THIS IS NO DRILL--it's a real threat we'll have to meet head-on and defeat.  It does look like we have our work cut out for us, and it definitely increases tenfold the importance for as many as are able to attend the ABATE Legislative Breakfast on Thursday, March 1, 2007, from 7:30AM until 10:30AM at the State Capitol Fourth Floor Rotunda--we need HUNDREDS of concerned motorcyclists to swarm the State House and network with their legislators.  Remember, it doesn't matter how you feel about Helmet Wear--this is about Freedom of Choice or adult riders in our state vs. profit-mongering interests in Oklahoma and nationwide who care NOTHING about your safety!  They're employing politicians to curtail your right to decide for yourself whether or not to wear a Helmet, and putting that power in the hands of the Government!  If you care at all about the continued erosion of your Personal Freedoms, PLEASE get the word out to all Oklahoma motorcyclists and other Freedom-loving citizens in the Sooner State, and urge them to contact their State Representatives and Senators and request that HB 1539 be defeated.  Thanks very much to those sharp-eyed folks out there for notifying me, take care of yourselves this weekend as our Oklahoma Snowstorm approaches, and I'll keep you updated as I receive more information.  We're expecting 8-12 inches of snow in Oklahoma this weekend, but the thunderclouds of another storm, a political one, are gathering.  I'm confident that, with your help, we can achieve the victory together and send HB 1539 to the trashcan where it belongs.  Thanks for listening, stay warm and safe, and I'll see you on the Road.

STATE OF OKLAHOMA

 

1st Session of the 51st Legislature (2007)

 

HOUSE BILL 1539                    By: McNiel

 

 

 

 

 

AS INTRODUCED

 

<StartFT>An Act relating to motor vehicles; amending 47> O.S. 2001, Section <40-105>, as < >amended by Section 8 <3>, Chapter <411>, O.S.L. 20 <03, and as renumbered by Section 85, Chapter 411, O.S.L. 2003> ( <47> O.S. Supp. 2006, Section <12-609>), which relates to required equipment for motorcycles; deleting age limitation for helmet requirement; providing penalty; and providing an effective date. <EndFT>

 

 

 

 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :

SECTION 1 .     AMENDATORY     <47> O.S. 2001, Section <40-105>, as < >amended by Section 8 <3>, Chapter <411>, O.S.L. 20 <03, and as renumbered by Section 85, Chapter 411, O.S.L. 2003> ( <47> O.S. Supp. 2006, Section <12-609>), is amended to read as follows:

Section <12-609>.  A.  In addition to other requirements prescribed by this chapter, by federal law or by local ordinance, all motorcycles, except when operated on actual trail rides conducted outside of public roads and highways, shall be equipped with:

1.  Two rearview mirrors, containing a reflection surface of not less than three (3) inches in diameter, mounted one on each side

the motorcycle and positioned so as to enable the operator to clearly view the roadway to the rear of the vehicle;

2.  A windshield of sufficient quality, size and thickness to protect the operator from foreign objects, except that in lieu of such windshield, the operator shall wear goggles or other protective eyewear which meets American National Standards Institute (ANSI) Standard Z87.1 and provides positive retention, or a face shield of material and design to protect the operator from foreign objects;

3.  A properly operating speedometer capable of registering at least the maximum legal speed limit for that motorcycle;

4.  A fender over each wheel.  All fenders shall be of the type provided by the manufacturer;

5.  A horn which shall comply with the requirements of Section 12-401 of this title; and

6.  A muffler or other effective noise-suppressing system which shall comply with the requirements of Section 12-402 of this title.

B.  No person under eighteen (18) years of age shall operate or ride upon any motorcycle unless such person is properly wearing a crash helmet of a type which complies with standards established by 49 C.F.R., Section 571.218.  Fine and court costs for violating the provisions of this subsection shall not exceed Twenty Dollars ($20.00).

C.  Handlebars on motorcycles shall not be higher than eye level of the operator.

 of

SECTION 1 .  This act shall become effective <November 1, 2007>.

 

51-1-5915     <GRS>    <01/04/07>