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