News Bytes
THE AIM / NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to Injured Motorcyclists( A. I. M.) and the National Coalition of Motorcyclists( NCOM), and is sponsored by the Law Offices of Richard M. Lester. If you’ ve been involved in any kind of accident, call us at 1-( 800) ON-A-BIKE or visit www. ON-A- BIKE. com. NCOM BIKER NEWSBYTES Compiled & Edited by Bill Bish, National Coalition of Motorcyclists( NCOM)
H-D CEASES SALES OF PERFORMANCE DEVICES THAT ADD TO AIR POLLUTION Without conceding, Harley-Davidson will pay $ 15 million in fines and penalties to settle a federal lawsuit brought by the U. S. Environmental Protection Agency( EPA) and the U. S. Department of Justice( DOJ) accusing the American motorcycle-maker of selling illegal performance devices that increase pollution.
Under terms of the settlement on Thursday, August 19, 2016 Harley is to stop selling its“ Screamin’ Eagle” Pro Super Tuners by August 23, and to buy back and destroy all such tuners in stock at its dealerships. H-D must also deny warranty claims if owners continue to use the“ illegal devices.”
The consent decree resolves government allegations that Harley-Davidson sold roughly 340,000“ super tuners” since 2008 that, once installed, cause motorcycles to emit higher amounts of certain air pollutants than what the Milwaukeebased manufacturer certified to the EPA. According to the EPA, the modified settings increase power and performance, but also increase the motorcycles’ emissions of hydrocarbons and nitrogen oxides.
Harley did not admit liability, and said in a statement it disagrees with the government’ s position arguing that the devices were designed and sold to be used in“ competition only.” The Motor Company said the settlement represents“ a good faith compromise with the EPA on areas of law we interpret differently, particularly EPA’ s assertion that it is illegal for anyone to modify a certified vehicle even if it will be used solely for off-road / closed-course competition.”
An EPA spokesman said that the vast majority of these tuners were used on public roads, and the sale of such“ defeat devices” violates the federal Clean Air Act. Harley was also accused of selling more than 12,600 motorcycles that were not covered by an EPA certification that ensures a vehicle meets federal clean air standards.
“ Given Harley-Davidson’ s prominence in the industry, this is a very significant step toward our goal of stopping the sale of illegal after-market defeat devices that cause harmful pollution on our roads and in our communities,” said John
Cruden, head of the Justice Department’ s environmental and natural resources division. The EPA has been investigating after-market part emission issues for more than five years. In 2012, Suzuki Motor Corp paid an $ 885,000 fine to EPA for selling 25,458 ATVs and dirt bikes because they were built to allow for the installation of an after-market part that increased horsepower and emissions.
CALIFORNIA LEGALIZES LANE SPLITTING, GOVER- NOR SIGNS BILL INTO LAW California has become the first state to formally recognize lane splitting as a legal maneuver for motorcyclists, as Governor Jerry Brown signed Assembly Bill 51 into law on Friday, August 19, 2016.
The legislation does not specify rules for lane splitting, but simply a) defines lane splitting as“ driving a motorcycle, that has 2 wheels in contact with the ground, between rows of stopped or moving vehicles in the same lane, as specified”; and b) authorizes the California Highway Patrol( CHP), in consult with other agencies and organizations, to“ develop educational guidelines relating to lane splitting in a manner that would ensure the safety of the motorcyclist, drivers and passengers.”
Lane splitting has long existed in a legal gray area in California, without being expressly prohibited nor allowed, but permitted by law enforcement. The CHP published educational guidelines on lane-splitting in 2012, but regulators later ruled the agency had no authority to make public policy.
The bipartisan bill, sponsored by Assembly members Bill Quirk( D-Hayward) and Tom Lackey( R-Palmdale), passed unanimously through the state Senate 38-0 and the Assembly 74-0 and essentially clarifies that the CHP does in fact have the authority and permission to devise guidelines for splitting lanes.
Many studies have found proper lane splitting to be safe, and the practice of“ filtering” through traffic to reduce congestion is legal in much of the world.
RESTRICTING ETHANOL LIMITS IN AMERICA’ S FUEL
NCOM Board Member Dave“ Animal” Reid( Touring Groups Liaison to the National Coalition of Motorcyclists) recently reported that;“ I sent a letter to my congresswoman about the EPA’ s desire to increase the ethanol content up from E-10 to E-15, and what it might do to all manner of small and air cooled motors.
She responded, saying that a congressman from Texas had introduced a bill that would prohibit the EPA Administrator from introducing anything greater than 9.7 % into the fuel supplies.
30 Thunder Roads Magazine ® Colorado September 2016 www. thunderroadscolorado. com