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Posts Tagged ‘Legal’

Harley-Davidson Press Release

In mid-August, Harley-Davidson rolled out a press release (on the Canadian news wire) to announce the launch of a global campaign that embraces “The Freedom of The Open Road.”

It’s part of a 10-year global strategy to build the next generation of Harley riders and the new brand platform is “All for Freedom, Freedom for All” which comes to life with videos containing user-generated and filmed content that shares moments of the open road by riders past and present.

The ambitious campaign goal is to increase Harley’s brand relevance and inspire those “sleeping license holders”  to experience the same freedom that all current Harley riders feel with the wind in the face and ultimately to purchase a motorcycle.

The Harley-Davidson marketing group is using the #FindYourFreedom hashtag to generate social media awareness.

It’s common knowledge that when using a hashtag, you are categorizing your post and is viewed as a valuable tool when marketing your brand.  The objective of course would be to find a hashtag that has never been used previously and one that would really set the campaign apart from all the other social media noise.  However, there is another large company with an equally large brand that is already using the #FindYourFreedom hashtag with an associated marketing campaign.

They spell it:  J E E P  — you know, the company with an adventurous lifestyle that requires an adventurous vehicle!

While you can’t legally own a hashtag, the marketing 101 manual suggests that you chose one that people will associate with your brand, by leveraging a distinctive phrase or word associated with your company and messaging that marketing execs would, at best, like to see go viral or, at worst, contribute to the marketing campaign in a very positive way.

Think about it.  Harley-Davidson just launched a multi-year campaign and is encouraging motorcycle fans to join the social media conversation of a larger Jeep fan base!

The marketing folks may have actually “muddied” the Harley-Davidson brand or made it vulnerable by this hashtag gone wrong.

Photos courtesy of Harley-Davidson and Jeep.

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William B. (Billy) Lane

William D. (Billy) Lane

According to the Florida Inmate Release Information web site, William D. (Billy) Lane was released today from the Orlando Transition Center and is re-opening his shop in Daytona Beach, Florida.

You might recall that Billy Lane (Choppers Inc.) was involved in a drunk-driving crash that killed Sebastian Inlet Park Ranger and fellow biker Gerald Morelock on A-1-A in Melbourne Beach on September 4, 2006. Billy repeatedly took responsibility, didn’t offer any excuses for the crash and told the court he wasn’t seeking pity.

He was sentenced to six years in prison and three years’ probation.  Judge Robert Burger also ordered Lane’s driver license be suspended for life.

Good people make mistakes.  You can’t take the past back and he will have to live everyday with the thought that another person is no longer alive because of his actions.  There were no winners.  He paid a price, served his time and enough said.

My hope is that all goes well in his new shop and that he can be an inspiration to others in not only the creativity of his work.

Photo courtesy of Florida Corrections.

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red-lightI’m talking about Senate Bill 5141 which was signed by Gov. Inslee and took effect on June 14th.

It states that if a motorcyclist approaches an intersection, including a left turn intersection, controlled by a triggered traffic control signal using a vehicle detection device, and that signal is inoperative due to the size of the motorcycle, the motorcyclist must come to a complete stop. If the signal fails to operate after one cycle, the motorcyclist may proceed through the intersection or turn left after exercising due care.

The Washington legislation provided a legal way for motorcyclists to get through a red light and according to the American Motorcyclist Association, 14 other states have passed similar legislation.

In Oregon, motorcycle detection issues remain a problem at traffic lights in both rural and urban areas.  If you’re like me you’ve experienced the frustration and/or jockeyed around so that the auto behind can trigger the light.  And when motorcyclists encounter devices that fail to notice their presence, most riders will proceed through the red light after taking “due caution.”

I’m wondering when the Oregon Department of Transportation and the Oregon Governor’s Advisory Committee on Motorcycle Safety will take up the issue?

Many cagers and law makers believe that motorcyclists are at fault in triggering traffic lights so, in the spirit of reporting both sides… the Oregon Motorcycle Manual and the TEAM Oregon Motorcycle Safety Program offer advice on how to position a motorcycle correctly at traffic stops so signaling devices will hopefully register it.

Photo courtesy of the internet.

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What did you say?

What did you say?

I’m fascinated by the fact that everything blows up quickly today and there’s a rush to judgment.

Take the man of “sterling” character.

You know him as the 80-year old billionaire and L.A. Clippers owner.  Born, Donald Tokowitz there are no excuses for his ugly, crass and trashy comments, but after what seemed like  days of 24/7 news commentary (at least CNN moved off the Malaysian airplane search) incessantly playing snippets of the secretly-tape recorded phone conversation while calling for his head on a platter… I learned he was married and has three children.

.

Rip City, Baby!

Huh?  He has a wife?

In the NBA, only a team owner can sit with his “friend” (aka mistress) at games on national TV, give her millions of dollars in gifts, precipitate a lawsuit from the old coot’s wife demanding return of their community property and none of this merits discussion of the scandal stories about him?

Here’s the thing in America.  Gossip.  You may not be rich, but you can sure talk about the rich and everyone is.

In addition, hypocrisy reigns throughout the American landscape.  Racism and sexism are the new tools to destroy careers and people.  Some recent beat down examples are: Paula Dean when it was discovered she made a racial remark several years before it came to light.  Then there is Brenden Eich, CEO of Mozilla who was forced to step down from the company he founded when it was learned he made a $1K contribution in support of California Prop 8, which was against same sex marriage.

So what’s the point here Mac?  How does this relate to the motorcycle community?

Well the last time I checked, in this country, people are allowed to be morons.  In addition, they’re allowed to be stupid and think idiotic thoughts.  It’s a very slippery slope when you say something stupid in the privacy of your own home that is recorded and made public without your knowledge or consent and then you’re force to sell something you own or you’re interest is involuntarily seized.

Let me say it again for the haters.  I don’t share Sterling’s views so save the emails.

It’s clear the verdict for Sterling comes largely at the expense of the right of privacy and the motorcycle community is well aware of privacy/freedom to ride issues like motorcycle-only checkpoints and police targeting of “pack riders” and/or motorcycle clubs.  It’s not about any crime, but how the government judges who you are, who you associate with or by simply what type of vehicle you use.  Yeah, Sterling is in the NBA and it operates with different rules…

Then again, some lawmakers are currently sponsoring a bill to have federal researchers comb through broadcast radio and television, cable and public-access TV, commercial mobile services and other electronic media and the Internet for any communications that may have prompted violent acts and/or “hate crimes.”   Think about how much power this vague bill would give a handful of people over hundreds of millions of people.

The rush to judge and failure of due process or to consider many of Sterling’s rights in the process of this specific incident and how they were suppressed — has a scent all its own.

The “Uncle Sam” photo courtesy of Paul Lachine.

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speeding_102Only fourteen days since the first reckless motorcyclist was arrested in 2014, and now we have Jason James Overhuel of Keizer, OR., exhibiting a new era of motorcycle excellence.

On January 17, 2014, an Oregon State Police (OSP) trooper stopped to assist a motorcyclist whose motorcycle broke down during the evening. During the contact of the motorcyclist, Mr. Overhuel, age 30, told OSP officers he was waiting for gas but denied operating the motorcycle. The OSP officers learned that Mr. Overhuel’s operator license was suspended.  After roadside assistance arrived, Mr. Overhuel was WARNED not to operate the motorcycle because his license was suspended. If he did and OSP spotted him, he would be cited and the motorcycle would also be towed and impounded.

After sleeping on it… and what can only be described as an epic misunderstanding of the OSP troopers words of advice.

At approximately 10:31 a.m., the next day, the same OSP trooper that had stopped to assist the disabled motorcycle saw a motorcyclist riding southbound on Interstate 5 near milepost 257 at a high rate of speed. The trooper overtook the speeding motorcycle and obtained a speed reading of up to 102 mph, using all 3 lanes to pass slower traffic and failing to yield to the trooper’s emergency lights for a brief period until stopping.  After the stop the OSP trooper confirmed that it was Mr. Overhuel.

OSP arrested Mr. Overhuel for reckless driving and he was also cited for violation Driving While Suspended.  And as previously communicated, the motorcycle was towed and impounded.

Mr. Overhuel looks to be stuck in a below-average eddy and it will take a lot of rowing to get out.

Photo courtesy of Telegraph.co.uk

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Automatic License Plate Reader Technology

Automatic License Plate Reader Technology

Earlier today I received a notice from the Portland Police Bureau about their new patrol cars and the Police technology that will be on display for the general public.  It’s a “show-and-tell” exercise for the media.

The demonstration includes the latest in Automatic License Plate Reader (ALPR) technology.

Yeah, those quiet mass tracking devices that log license plates and perform driver surveillance!  Cruiser-mounted cameras can scan about 700 license plates an hour.  We’re starting to get a clear picture of the technology deployed for mass routine location tracking and surveillance.

Automatic license plate readers are the most widespread location tracking technology available to law enforcement. Mounted on patrol cars or stationary objects like bridges, they snap photos of every passing car, and motorcycle recording their plate numbers, times, and locations.

At first the captured plate data was used just to check against lists of motorcycles or cars law enforcement hoped to locate for various reasons (to act on arrest warrants, find stolen vehicles, etc.). Increasingly, however, all of this data is being fed into massive databases that contain the location information of many millions of innocent Americans stretching back for months or even years.  In addition, private companies are also using license plate readers and sharing the information they collect with police with little or no oversight or privacy protections.

I’m okay with law enforcement’s use of these systems to take pictures of plates to identify people who are driving stolen cars or are subject to an arrest warrant.  The technology makes it possible to check plates against “hot lists” of vehicles that are of interest to law enforcement. This can be done almost instantaneously and if the plates generate a “hit” I can understand the need to store the data for investigative purposes.

But, how long should the plate data be retained?

Automatic license plate readers have the potential to create permanent records of virtually everywhere any of us has driven.  It could radically transform the consequences of leaving home to pursue private life, and opening up many opportunities for abuse.

In Portland, Or., the data retention rules are a minimum of 30 days to a maximum of 4-years.  More information is HERE.  Like many, I don’t like this growing trend where the government is increasingly using new technology to collect information about American citizens, all the time, and is storing it forever — providing a complete record of citizens’ lives for the government to access at will.

Should you care?   Yes.  In New York City, for instance, police officers have reportedly driven unmarked vehicles equipped with license plate readers around local mosques in order to record each attendee.

What if entire motorcycle clubs/communities are targeted based on their associational makeup?

It’s a core principle that in the United States of America, the government does not invade its citizens’ privacy and store information about their innocent activities just in case they do something wrong.

Photo courtesy of firstcoastnews.com

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2013 Ride to Work Day

2013 Ride to Work Day

Back in the day when a cowboy joined an outfit he threw down his bedroll in a chuck wagon.  When he does that, he gives his loyalty 100% to the outfit.  It’s a cowboy thing.  If you don’t like the way an outfit is run, you grab your bedroll, pony and ride on down the trail.

It was a code established by the rugged pioneers and is just as relevant in today’s world as back then, but I’ve gotten off topic.

I’m talking about riding for the “motorcycle” brand.

Huh?

Yesterday marked the 21st Annual Ride to Work Day—it’s a day when thousands of motorcycle enthusiasts across the U.S. ride their motorcycles to work in a show of mutual support and solidarity. Originally created by Motorcycle Consumer News columnist Bob Carpenter in 1992, the event has served as a way to promote motorcycles and rider safety; combining the ride with numerous activities around the country, including charitable events.

Many riders don’t need another incentive to ride, but the Ride to Work Day is not just something to talk about, but to participate in.  I count myself as one of the thousands of motorcycle riders and enthusiasts across the U.S., so I was up early and headed to the ‘plant’ which in of itself is a rare occurrence since I work remote most days.

Sure, I exposed myself to the situation where someone doesn’t obey the rules of the road… like that beat up Toyota mini-van which made an abrupt 2-lane change as they entered onto Highway 217.  The cars were slamming on brakes which was a little concerning, but not nearly as bad as the dude in the well-worn Ford Escape that cut me off on Highway 26.  His NO SIGNAL lane-change was so close that I thought about asking if he’d check my front tire pressure!  Or how about on the way home the lady in the Red Mazda – yeah you – with heavily tinted windows so preoccupied with her cell phone texting that she nearly rear-ended the car in front of her.

I’ve blogged at length about distracted driving in Oregon and how it’s the norm rather than exception and can honestly say that after being on the road in rush hour traffic I was not inspired, but if nothing else I was there in a “show of force” saying I rode to work today!  It was not only an opportunity to raise awareness about motorcycles, but it also provided me a chance to talk about road safety.

And speaking of transportation, one disappointment from yesterday’s Ride To Work event is the seemingly lack of visible support or promotion of two-wheel transportation by John Kitzhaber, Oregon Governor or the legislators.  You might recall that Governor Kitzhaber met recently with and challenged the Oregon Transportation Commission to create a 21st century transportation system that best serves Oregonians.  And, I’m quoting here… “A transportation system that will attract and grow business, provide mobility, reduce the carbon impacts of transportation and transition into a truly multimodal and efficient transportation system for the state of Oregon.”

I would think that two-wheel transportation is part of that “system” and the absence of visible support is odd given Oregon’s home-grown, Brammo that manufactures electric motorcycles in Ashland, and it’s perplexing given that Senators Ron Wyden and Representative Greg Walden worked to get a tax credit extension for Brammo.

One has to ask if we have the right group of individuals at the transportation table at the beginning of the process to define the problem and solution together?

Photo of author.

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Digging Through Saddlebags

Digging Through Saddlebags

Yeah, it may well happen if you come across a motorcycle-only checkpoint.

I’ve written previously about how motorcycle safety outweighs individual liberty as state and local governments have begun to implement motorcycle-only checkpoints that unfairly target motorcyclists for inspection by law enforcement officers.

Specifically it’s called the “Motorcycle Law Enforcement Demonstration Grant” (DTNH22-10-R-00386) and the motorcycle-only checkpoints are funded by grants given out by the federal government, through the National Highway Traffic Safety Administration (NHTSA).  That’s correct.  The National Highway Traffic Safety Administration (NHTSA) is offering federal funds to expand the practice of creating motorcycle-only checkpoints by law enforcement agencies.

Initially started in New York State, the process involves setting-up checkpoints where only motorcycles are pulled over. Law enforcement officers will check for U.S. DOT-compliant helmets, legal exhaust systems, and compliance with licensing, registration and inspection regulations.  And they may decide to dig through your saddlebags!

What can you do?

Petition-PhotoSign this petition which calls for the cessation of the NHTSA’s direct and indirect funding of the motorcycle-only checkpoints through its grants and other measures, and asks that the laws for vehicle conformity and passenger safety be applied equally to motorcycles and automobiles alike.

Why This Petition Site?  The White House’s “We the People” website is the only one that sends a message directly to the president.  Once 25,000 signatures are reach, the petition is put in front of President Barack Obama, where he has to officially respond to the petition, which could include directing the NHTSA from funding motorcycle-only checkpoints.

I Live In A State With-Out Motorcycle-Only Check Points, Why Should I Bother To Sign?  Because there are a large number of motorcyclists in the U.S., yet overall our passion is shared by only a small portion of the population. This makes it relatively easy for laws, and those who enforce those laws, to target motorcyclists unfairly.  The motorcycling community needs to come together, regardless of how this one issue affects you, in order to ensure that the basic rights of motorcyclists everywhere are assured.

This Won’t Change Anything, So I’m Not Going To Waste My Time.  You might be right, but putting the issue in front of The President of the U.S. might do something, and if nothing else, it shows that the motorcycle-riding community is an active participant in what occurs in Washington D.C. and in the local legislatures. Doing nothing truly means that nothing will change.

Crap, I Have To Register To Sign This.  Are You Kidding Me?  The White House’s “We the People” website is the only site that sends a message directly to the president, and if there are enough signatures, the president has to formally respond to the petition.

I Don’t Want The Government To Have My Email Address.  Ahh… right, like they don’t already know where you live…

Please take the time and consider signing the petition.

Photos courtesy of Baggers Magazine and The White House “We The People” website.

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Random-CheckpointIn Oregon non-DOT motorcycle helmets are ALLOWED by definition under ORS 801.366.  See page #59 (HERE).

Independent of your views on the usage of these helmets, many riders would agree that motorcycle-ONLY safety checkpoints are inappropriate.  Yet in spite of the activism and involvement from the motorcycle community to stop or prohibit federal funds for motorcycle-ONLY checkpoints the progress hasn’t always been favorable.

Case in point is the Court of Appeals for the New York Second Circuit which backed roadblocks for the purpose of issuing motorcycle citations.

The back story is that in 2007, the New York State Police began using federal taxpayer grant money to target these motorcyclists with the stated objective “to detect motorcycle safety violations and ensure proper registration and operator compliance with New York State’s motorcycle license requirements.  The first roadblock was set up on October 7, 2007 to hit participants returning from a motorcycle rally nearby in Connecticut. Signs were posted on Interstate 84 ordering motorcycle riders to “exit ahead” while a uniformed police officer directed traffic into a rest area. From there, a total of 280 motorcyclists were detained and forced to undergo “full-blown inspections” that generated 104 traffic tickets. The most common citation was for improper helmet.

In 2008, a total of 17 roadblocks were held, detaining 2278 motorcyclists who were issued 600 tickets for infractions that had nothing to do with safety. Another 365 citations were issued for use of an unapproved helmet. Several detained bikers sued the state police after they were detained 45 minutes or more.

In U.S. District Court Judge Gary L. Sharpe rejected the motorcyclists’ argument that the Fourth Amendment protection against unreasonable searches and seizures applied to this case.  To get around the constitutional need for individualized suspicion of wrongdoing before a seizure, courts have created a “special needs” doctrine that allows roadblock programs serving a particular government need.

In this situation, the state produced statistics that showed motorcycle fatalities dropped 17 percent in the same year that motorcycle helmet ticketing increased 2175 percent, and Judge Sharpe agreed this was proof that the roadblock’s primary purpose was safety. The courts then must balance whether the government need to enhance safety is greater than the interference with individual liberty.

The appellate judges agreed with the lower court’s analysis that it was:  “Applying this balancing test, we conclude that the well catalogued public interest in highway safety is well served by the safety checkpoint program and outweighs the interference with individual liberty in this case,” the second circuit ruled in a brief, summary opinion. “Accordingly, the district court did not err in concluding that there was no constitutional violation.” A copy of the summary order of November 29, 2012 is at: Wagner v. Sprague (US Court of Appeals, Second Circuit, 11/29/2012).

I choose to wear a DOT approved helmet, but I dislike discriminatory checkpoints.  Have you been to the Laughlin River Run lately and rode out to Oatman, Arizona on the Oatman-Topock Highway?  How about return to the hotel from a concert at the Buffalo Chip during Sturgis week?  Random LEO check points are the norm.  Officers invade your personal space to check for alcohol.

Could Oregon be next to implement similar “safety” initiatives?  Hopefully not, but you might recall that at an ABATE rally in Olympia, WA a few years ago it become a photo op for “profiling” riders and law enforcement writing down license plate information (video HERE).  In 2011, Governor Chris Gregoire signed Senate Bill 5242  which outlaws profiling of motorcyclists and earlier this year, California Governor Jerry Brown signed into law California Bill AB 1047 which outlaws motorcycle only checkpoints.

If motorcycle only checkpoints raise your blood pressure then write or ride to the Oregon capitol in February and talk to your state legislators.  Explain to them that there is no reason why anybody in any state should be profiling any particular group including motorcyclists and you want them to stop it.

Photo courtesy Doug Chanco.  The 2012 Biker Rally at the Capitol HERE.

UPDATE:  Added the link to Oregon helmet law history HERE.

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e-citationWe’ve all been there.

The riding posse jostles out of a parking lot or a fuel stop and spills out onto the freeway.  The front of the pack has merged onto the freeway as everyone behind must speed up so, we twist open the throttle and try and catch the front of the pack.  Everyone is doing the same thing.  Some cars are smart enough to let us have our way and some are not.  Then you glance down at the speed-o-meter just long enough to see it somewhere north of 70 mph and as the eyes return up to the front you glimpse a red/blue flashing light in the mirror.

Speaking of traffic enforcement…  in the state of Oregon, twenty-four hours a day, the Oregon State Police (OSP) issue traffic citations.  In fact, OSP issues a citation approximately every 2.6 minutes as they hand write more than 200,000 citations annually.  And after a copy is given to the person stopped by the trooper, copies are hand-delivered to the local court and another copy to the respective OSP field office.  It doesn’t stop there as transcriptions of a single citation will occur at the field office into the OSP Records Management System and again at the circuit or justice court.

Clearly all this “processing” leads to a considerable number of resources being dedicated to capturing information on the citations for the respective court system along with a certain percentage of transcription errors.

Enter the OSP Mobility + E-Ticketing Program.  A program which developed an electronic citation process to more efficiently move a citation from the law enforcement officer’s hand to circuit and justice courts all across the state.

Aren’t we lucky to have such visionaries cheerfully remove our wait burdens during the ticket processing?

OSP-EticketThe program started back in January 2011 when the OSP began exploring alternatives as part of a series of technology-based projects to transform how OSP troopers work and how the Department conducts daily business. The Mobility + E-Ticketing Program was successfully rolled out earlier this year as 39 circuit courts began moving from the delivery of handwritten citations to electronically receiving citations in “twitter speed” from the scene of the traffic stop.

It’s all about improving efficiency and automating the tedious act of an officer issuing a traffic citation.  OSP consulted with the Oregon Justice Department (OJD) and the Chief Justice of Oregon to ensure legal compatibility with all state statutes. And, multiple agencies and vendors worked collaboratively to deliver a fully integrated solution that automated OSP systems and helped the courts. By developing an electronic citation process that could be used by all law enforcement agencies across Oregon just think of the utilization metrics and nifty cost saving stats.  With a “we look forward to seeing you frequently” mind-set, E-Ticketing also helped implement the OJD Courts ePay process, allowing offenders to pay citations on-line within 24 hours instead of being involved in a process that could take more than 3 weeks to resolve.

The OSP Mobility +E-Ticketing Program cost approximately $2.5 million including hardware, software, equipment, installations, and other related costs.  The state used a federal grant to upgrade technology and installation of in-patrol-car computer systems. The mobile computers give troopers immediate data sharing capabilities with other law enforcement agencies while they are involved in a stop.

So, the next time you twist the throttle, know that the nice folks at the OSP, OJD and Trial Court collaborated to deliver you a citation efficiently with the intent of helping you move along to your destination as quickly as possible – of course within the legal posted speed limits!

Photo courtesy of OSP.

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