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AMA Government Relations News
& Notes for November
A federal safety panel has taken the first step
toward issuing new rules related to ATVs, and that
could mean big changes for the industry and consumers.
On October 6, the Consumer Product Safety Commission
(CPSC) issued an Advanced Notice of Proposed Rulemaking
related to ATV safety. That move signals the commission's
intent to issue new rules.
It's a potentially serious step. The last time
the commission seriously considered ATV safety,
it banned three-wheeled ATVs. CPSC Chairman Hal
Stratton called the notice “a significant step in
a broad and comprehensive review of all existing
and potential ATV safety rules and regulations.”
Recently, the three-member CPSC has been considering
a petition submitted by the Consumer Federation
of America and other groups that calls for the CPSC
to ban the sale of full-size ATVs for the use of
children under the age of 16.
That potential ban has been opposed by ATVA and
AMA who testified in a commission hearing on the
issue. Rather than a blanket ban on the sale of
ATVs for use by kids, they supported a more thoughtful
approach that includes greater parental involvement.
The CPSC so far has delayed acting on the petition
submitted by the Consumer Federation of America
and others. Stratton, the CPSC chairman, reportedly
opposes the ban, while commission member Thomas
Moore is reported to support it. That means the
decision could depend on the third commissioner,
Nancy Nord, who was recently appointed to the panel.
AMA & ATVA met with Nord and her staff on September
20 to ensure she understands the positive aspects
of ATV use by families.
As the AMA and ATVA learn more about the CPSC's
plans, including the opportunity for public comment
on any rules that are proposed, more information
will be posted on the official websites
www.ATVAonline.com and
www.AMADirectlink.com.
The ATVA, sister organization of the American
Motorcyclist Association, is the only national organization
devoted exclusively to fighting for the rights of
ATV riders. More members mean more clout to fight
to protect your right to ride. To join the ATVA,
call (800) ATVA-JOIN, or go to
www.ATVAonline.com.
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Imperial Sand Dunes Recreation Area authorities
this year will know exactly how many privately owned
off-road vehicles are at the Area at any given time.
That's because the permits they are issuing to allow
those people to enjoy the dunes have radio transponder
chips in them.
Officials say the move means better tracking
and better enforcement and will yield the kind of
data that will help better manage the popular recreation
area. Millions of people each year from October
through April flock to the dunes for off-highway
vehicle recreation, camping and to enjoy the outdoors.
The dunes, situated on federal land in southern
California and Arizona, have an annual estimated
$100 million impact on Yuma, El Centro and Brawley.
The chambers of commerce from all three of those
communities last year formed the United Desert Gateway,
a nonprofit group to promote the dunes.
California legislators next year are slated to
deliberate over a bill imposing a three-year moratorium
on state-issued identification using such technology.
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Marshall University is advertising for a tenure-track
position at the rank of assistant or associate professor
to be responsible for teaching an off-highway vehicle
(OHV) course series at the campus in Huntington,
West Virginia.
The University’s Division of Exercise Science,
Sport, and Recreation new professor will teach undergraduate
courses in Recreation Area and Facility Maintenance,
Wildland Recreation Management, Environmental Interpretation,
Park Management and Operation, Introduction to Off-Highway
Vehicle Recreation, Planning and Design of OHV Trail
Systems, Construction of OHV Trail Systems, Operation
and Management of OHV Trail Systems.
Screening of applicants will begin immediately
and continue until the position is filled. Forward
letter of application, curriculum vitae, transcripts,
and a list of references to: Dr. Jeff Chandler,
Chair, Division of ESSR, Marshall University, One
John Marshall Drive, Huntington, WV 25755-2450 or
contact chandler@marshall.edu.
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The Missouri Conservation Commission approved
the new incentive for ethical off-highway vehicle
(OHV) behavior at its August meeting. The policy
change went into effect immediately. Misusing OHVs
in streams on public land has long been illegal
in Missouri. Now, however, state officials have
raised the ante, adding the possibility of hunting
and fishing privilege suspension to the monetary
penalties for taking vehicles into streams where
they don't belong.
In-stream OHV use is a problem for several reasons.
Vehicle tires tear up stream bottoms, destroying
fish habitat and stirring up mud that chokes out
aquatic life. Running vehicles in and through streams
also causes bank erosion, which damages public and
private land.
Under the new policy, the Conservation Department
will recommend that the Conservation Commission
suspend hunting and fishing privileges following
procedures already in place for other wildlife-code
violations. One-year suspension recommendations
will be the rule, but the periods can vary according
to the seriousness of the offense.
Missouri has public areas set aside especially
for ATV riders. These include: Finger Lakes State
Park in Boone County, St. Joe State Park in St.
Francois County, Sutton Bluff Recreation Area in
Reynolds County, and Chadwick ATV and Motorcycle
Area in Christian County.
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Several off-highway vehicle (OHV) event organizers
have recently been notified that their permits to
hold events on land owned by the US Forest Service
have been canceled due to a recently signed court
order with alarming national consequences.
On September 23rd, acting Forest Service Chief
Ann Bartuska issued a memo to the National Forests
announcing that the court order, “…among other things,
struck down the provisions…that excluded categorical
exclusions from notice, comment and appeal”. The
Acting Chief also noted that the court order must
be observed “prospectively” after July 7, 2005.
This means that any event permit which was issued
under a “categorical exclusion” since July 7th is
to be suspended until the proposed activities are
subjected to the notice, comment and appeal provisions
that they would have otherwise endured. Generally,
this is about a four month process.
The American Motorcyclist Association (AMA) is
continuing to monitor this situation and will publish
more information as it becomes available. AMA event
organizers are encouraged to review their permits
with their local forest supervisor.
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The HIPAA Recreational Injury Technical Correction
Act was recently introduced in the US House of Representatives
by US Representative Michael Burgess (R-TX-26) HR
2793, Senator Susan Collins (R-ME) recently introduced
S 577 in the US Senate. The bills aim to end health
care discrimination against individuals participating
in legal transportation and recreational activities
such as motorcycling, snowmobiling, horseback riding,
and all-terrain vehicle riding.
The legislation addresses a loophole created
by a Department of Health and Human Services' rule
which made it possible for health care benefits
to be denied to those who are injured while participating
in these activities.
On August 21, 1996 President Clinton signed the
Health Insurance Portability and Accountability
Act (HIPAA). The Act included provisions prohibiting
employers from denying health care coverage based
on a worker's pre-existing medical conditions or
participation in legal activities, such as motorcycling.
In 2001, the Department of Health and Human Services
released the final rule that would implement these
provisions.
While the rule recognizes that employers cannot
refuse health care coverage to an employee on the
basis of their participation in a recognized legal
activity, it provides that benefits can be denied
for injuries sustained in connection with those
activities. Therefore, you were guaranteed the right
to health care coverage but not guaranteed any benefits.
The American Motorcyclist Association (AMA) is
urging all motorcyclists to contact their Congressional
delegation and urge them to co-sponsor and support
The HIPAA Recreational Injury Technical Correction
Act. For more information and to contact your members
of Congress visit the Rapid Response Center at
www.AMADirectlink.com.
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