Under the new legislation proposed by Massachusetts State Senator Stephen Brewer, bikers 21 and older would be provided the choice to wear a helmet or not.

In the 1,150-reported motorcyclist accident in Massachusetts last year, a 78.5 percent of riders were wearing a helmet. And of this percent, 88 percent were 21 or older. This means that roughly 897 of motorcyclists involved in accidents in 2010 would have had the option to chose to wear a helmet or not. This makes some nervous, while others await the right to chose.

Those for the legislation believe that it is not a bad thing to wear helmets; what is wrong is that it is not personal choice, but required by law. Advocates for the choice believe that when “a motorcyclist gets hurt and killed because of an accident, that is the cause we should go after. We would rather advocate (more) rider training, crash avoidance and more motorist awareness,” said Rick Gleason the legislative director for the Massachusetts Motorcycle Association, (Bill aims to ease motorcycle helmet law, David Riley, Wicked Local-Patriot Ledger,

http://www.patriotledger.com/features/x1622888278/Bill-aims-to-ease-motorcycle-helmet-law). 

Others who oppose the legislation worry that if a motorcyclist is injured in an accident it could potentially cost the government depending on the type of insurance the rider has, or if they have any at all. As Russ Rader, proposed by states Senator Stephen Brewer, argues “it is a personal choice, but when people crash, it becomes a weight on society as a whole because there are higher care costs associated with crash injuries,” (Bill aims to ease motorcycle helmet law, David Riley, Wicked Local-Patriot Ledger). Rader also states that studies have shown that when helmet laws are weakened that the usage of helmets when riding is reduced by roughly 50 percent.

Check back here for the latest news on this proposal.

If you ride, then you may have come across this yourself. You're riding along a suburban street with little traffic and you get stopped at a red light. You wait, and wait, and wait…with no other vehicles approaching the light does not change to green. Why? Because your bike does not weigh as much as an auto vehicle and therefore does not alert the sensors under the pavement that someone is there, time to turn green and restart the cycle. Illinois has been working on a law that could alleviate this problem for bikers, which has been receiving mixed reviews.

The legislation would allow motorcyclists to treat a red light as a stop sign if the light does not change to green in a reasonable amount of time. Carey Caldwell who has been a rider for over 40 years and also sells motorcycles, states that it would be "similar to a right on red. Full stop, take a look, make sure there's no traffic and proceed safely through it," (Proposal Would Allow Bikers to Treat Some Red Lights as Stop Signs, Mike Parker, CBS Chicago,

http://chicago.cbslocal.com/2011/08/03/proposed-law-would-allow-motorcyclists-to-run-some-red-lights/).

Many believe it is not an issue of bikers sitting frustrated at red lights, but rather one of safety. It is not uncommon for a biker to "fear stopping at red lights because they know how hard it is at times for drivers to see the riders and the situation leaves them vulnerable to rear-end collisions," (Proposal Would Allow Bikers to Treat Some Red Lights as Stop Signs, Mike Parker, CBS Chicago).

This is not the first time this issue has been addressed in the U.S. Twelve other states have a law similar to the proposal being discussed in Illinois, including Missouri, Wisconsin, and in 2008 South Carolina joined in the ranks as well.

The proposal in Illinois was sponsored by Senator Gary Forby of Benton, but was originally vetoed by Governor Pat Quinn. However, the proposal passed the House with a 45-6 vote, and the law will go into effect June 1, 2011, (‘Straight on red' law not yet in effect in Illinois, Kurt Erickson, Courier Lee News Service,

http://wcfcourier.com/news/local/govt-and-politics/straight-on-red-law-not-yet-in-effect-in-illinois/article_6653953a-183a-11e1-9271-001cc4c03286.html).

Up until then, law enforcement will use this time to look over the law to better understand how it will be monitored and to determine an appropriate amount of waiting time before going straight on red. Once the details are worked out, headquarters will send out a notice to all state troopers of the changes to be enforced, (‘Straight on red' law not yet in effect in Illinois, Kurt Erickson, Courier Lee News Service).

The Japanese company gained its popularity in the ‘70s as it produced a line of smaller bikes that were geared towards new riders to introduce them to the world of riding. They have continued with this sense of safety and education as they have developed the SMART (Safe Motorcyclist Awareness Recognition Trainer), or the SMARTrainer.

This SMARTrainer consists of a cockpit much like that of an actual motorcycle, handlebars and seat, active throttle, clutch, front brake, shift lever that mimics a bike's, and foot pegs with rear brake (Honda SMARTrainer-Wise up your riding skills with Honda's SMARTrainer, Jeff Buchanan, Motorcycle.com,

http://www.motorcycle.com/how-to/honda-smartrainer86756.html). The system uses Honda's proprietary software which creates seventeen different road environments on a computer screen in front of the rider and then the system responds to the rider's reactions. The rider has the choice between day, night, or even a fog setting along a city, mountain or suburban roadway.

The specific purpose of the SMARTrainer is to provide a safe place for beginners to practice before jumping into a beginners' riding course and then real-world riding. The program is set up to confront riders with real world dangers on the road like erratic traffic, bad drivers, merging vehicles, congestion, blind spots, etc., (Honda SMARTrainer-Wise up your riding skills with Honda's SMARTrainer, Jeff Buchanan, Motorcycle.com). Although the SMART does provide all of these aspects, it is not a riding simulator and so does not produce any actual movement. Nonetheless, it is still a great education tool for riders.

At the end of a riding session, the program provides a performance review, not just from the rider's perspective, but other vehicle's as well. This is helpful in that it allows riders to physically see the results of their reactions to hazards and their interaction with other vehicles on the road. The rider will receive a detailed print-out of their results for themselves and the trainer to note progress and potential areas of weakness, (Honda SMARTrainer-Wise up your riding skills with Honda's SMARTrainer, Jeff Buchanan, Motorcycle.com).

If you are interested in hopping on one of these SMARTrainers, call your local Honda dealer as there are 38 dealerships have one available for use. These are not only beneficial for beginners but also riders who are returning to the road and are looking for a little practice before heading out on the open road.

Harley Davidson has recalled about 308,000 motorcycles due to a switch problem that has the potential to cause failure of the brake lights and even the rear brakes as well.

This problem is caused when the brake light switches are exposed to too much heat given off from the exhaust system. In turn the brake lights fail from the heat and can also cause fluid leaks and failure of the rear brakes. This problem is present in Touring, CVO Touring, and Trike motorcycles model years 2009-2012, (Harley to recall more than 308,000 motorcycles, The Associated Press, The Sacramento Bee,

http://www.sacbee.com/2011/10/24/4002839/harley-to-recall-more-than-308000.html).

This issue was first discovered in June of 2010 when a report of a Trike model motorcycle that lost its rear brakes. The company began an investigation after that, which lead to a crash in Louisiana, but it has been undetermined if this issue was the cause.

The company will notify owners of the recall as it will affect 251,000 motorcycles in the U.S. If you are one of the owners of a bike with this problem, installation of rear brake light switch kits are free at dealerships.

This recall is going to cost around $10 million to $12 million that will be an expense for the fourth quarter, according to the filing the company placed with the U.S. Securities and Exchange Commission.

(Harley to recall more than 308,000 motorcycles, The Associated Press, The Sacramento Bee).

The Motorcycle Lawyer didn't get a chance to make it out to the 71st Annual Sturgis Rally in South Dakota, did you? If not no worries, here's what you missed!

To know how the rally got to be what it is today, you have to look back on its origins. In 1936 the forming of the Jackpine Gypsies Motorcycle Club is what started it all. Once they were officially chartered by the American Motorcycle Association a year later, AMA began promoting the events, which started the very first rally in Sturgis on August 14, 1938. With only nine racers that year, it's amazing to see the growth and support this rally has had to the present day. On the 40 acres that the club owns there is a light short track, motocross track, field meet area, hill climb area, clubhouse, office and state approved concession. (www.sturgis.com).
 

Just how big is this 71 year old rally? In attendance in 2008 were 400,000, 66 marriage licenses were issued, and 697 vendors were present. Can't wait to see what the stats were from this year!  With such a large population to entertain, the rally has an on-going wide range of events. Just some of the events that attendees enjoyed this year were swapping Harley Davidson parts, machine gun shooting, fire dancers, World's Biggest Biker Pool at 5,000 sq ft., “Burn-Out –In-The Sky," Star Boyz-Stunt Riders, The World Pickle Lickin' Federations World Champion Contest, World Famous Coleslaw Wrestling, AMD World Championship of Custom Bike Building, sky diving, checking out the latest custom bikes, tons of races and concerts, and even getting a souvenir tattoo!
 

For 30 years now Buffalo Chip's has been a part of the Sturgis Rally and to celebrate they pulled together a concert line-up to remember. Acts from this past rally included Alice Cooper, Styx, Buckcherry, Def Leppard, Poison, Lynyrd Skynyrd, and  Puddle of Mudd, just to name a few.

And if that isn't enough, what could be greater than getting married in the great outdoors at a bike rally? Not much so thinks Mary-Maisey Ireland, wedding officiate and ceremony planner for weddings at Sturgis. Weddings are officiated year round in the Black Hills. Ireland works hard to make the ceremony personal by asking couples for little details like a favorite poem, song, etc.  And what better way to celebrate after than returning to a rally of 400,000!
 

Be sure to mark your calendar for this awesome time next year! The 72nd Annual Sturgis Rally will be held from August 6th thru August 12th 2012. For more information on accommodations, events, and photos from this year's rally visit www.sturgis.com.
 

The Motorcycle Lawyer recently discovered a new company Thermahelm which claims their helmets to be the airbags of motorcycles, and they're so cool they will literally put you on “ICE.”

Thermahelm essentially is a helmet that upon impact acts as a cooling pack for the brain. Brain injuries are the leading cause of death in motorcycle accidents, which are typically due to swelling of the brain and medical response time. The thermahelm helmet claims to reduce brain swelling by keeping the brain cool for up to 45 minutes, allotting more time for emergency response.

Invented by neuro-protective specialist Julian Preston Powers in 2005, the basic science of the helmet is that it contains polystyrene foam, which is found in all helmets; the same foam used in walls, refrigerators and portable coolers. This specific foam is a great energy absorber in the event of an accident; however also being an insulator it can cause over heating for the wearer. Powers' helmet combines this foam technology with two chemical packs in the lining. The first pack contains ammonium nitrate and the other water. When an accident occurs and the helmet is impacted the packs mix to create a cooling reaction which will stabilize temperature of the brain and ease swelling.

The first round of helmets sold out when they were introduced in Britain for 999 pounds or 450 US dollars. Even with such a huge initial success, some consumers are skeptical. One reaction is that “anything like this distracts from the central message which is don't have the accident in the first place, be careful, and…you've got to have consideration for motorcyclists,” says Iam Mutch of the Motorcycle Action Group in Daily Tech's “Thermahelm Motorcycle Helmet Helps Prevent Injury by Inducing Brain Freeze.” Others like Martin Dugard British Speedway racer, believe it's important to protect yourself, especially the head. 
 

Beyond the safety aspects of Thermahelm's helmets, they've extended their cooling technology to comfort levels for motorcyclists as well with their ICE system (Internal Cooling/Extraction). This system consists of tubing which when activated releases compressed gas which can significantly cool the head by several degrees in a matter of seconds. This makes the rider more comfortable on hot summer days, but again promotes safety by helping riders stay concentrated in warmer weather conditions. The network of cooling tubes can be activated by a trigger which can be placed in any convenient spot for the rider. Some models even come with a built in GPS system which is traceable in the event of an accident, increasing medical response time.
 

Curious and want more information?  http://www.thermahelm.com/index.html
 

Many motorcyclists are familiar with groups whose main focus is to control the noise level of motorcycles and to stop them adding ”noise pollution” to certain areas.  Many states have a mandated decibel level for motorcycle exhausts, some higher than local citizens would like, some lower than bikers would like…
 

In New Hampshire, as unlikely as it seems, Seacoast Harley-Davidson has teamed up with local law enforcement to help enforce the mandated decibel level and educate non-bikers about the actual parameters of the laws and many misconceptions that the volume of noise they are hearing is not actually in violation of the law.
 

New Hampshire's maximum decibel level for motorcycle exhausts is 106 decibels.  Most local bikers have no problem complying with the level set by the state, however, some continue to use modified exhausts that exceed the maximum decibels and risk an $84 ticket.  At a press conference held at Seacoast H-D, police officials said they are considering suspending motorcycle registrations of repeat offenders as further incentive to comply with the law.
 

Seacoast Harley-Davidson helped fund the noise campaign including printing brochures explaining commonly misunderstood motorcycle laws.  They have even gone as far as putting up posters outside the dealership saying “Motorcycle Noise Annoys.”   The owner says that they “want to educate owners and the public about what legal motorcycle exhaust is.”  All motorcycles sold at their dealership are compliant with the law, as are most all motorcycles registered in general; a lot of the complaints are “perception problems.” 
 

The belief of Seacoast and New Hampshire police is that this partnership will help them come up with a solution locally that will meet everyone's needs.  In the 2010 ballot a group of citizens successfully created an ordinance that stated in the town of Hampton, motorcycles could not exceed 82 decibels.  North Hampton Police Chief Brian Page says that is it common knowledge, however, that he will not enforce this ordinance because it is overridden by state law.  He wants to make sure he is being fair to the citizens of Hampton as well as all motorcyclists passing through.
 

To find out the motorcycle noise restrictions in your state you can visit http://drivinglaws.aaa.com/laws/motorcycle-noise-limits/
 

Some of you may know about the very old Blue Laws that banned the sale of motorcycles (among other things) on Sundays in the United States.  Did you also know that a few of our states still upheld these laws?  Up until last week, New Jersey was one of these states.  Many New Jersey business owners, like Barb Borowiec, owner of Barb's Harley Davidson, lost business because people couldn't buy a motorcycle at her shop on Sundays.  Tons of potential customers have full-time jobs on the weekdays which left only Saturdays to purchase a bike, a day which was usually crazy busy at motorcycle shops across the state.  This prompted eager buyers to cross state lines and purchase their products at neighboring states like Delaware and New York, which allow the Sunday sales.  In an economy that is already struggling, losing a day of business can be a hard hit.  Borowiec said she still had her shop open on Sundays so customers could buy accessories and take riding classes but serious buyers had to be turned away until Monday.  Barb could not see any reason for the ban especially when liquor, cigarettes, and gambling are still available on the seventh day.  For six years the business owner wrote letters to New Jersey lawmakers and then finally, on March 3rd, Governor Chris Christie signed a bill into law that repeals the ancient Blue Law and now allows the sale of motorcycles on Sunday.  The bill was sponsored by Senator Donald Norcross, D-Camden, whose office is right by Barb's Harley-Davidson shop.  The change of law will not affect the ban on Sunday sales of automobiles and will not apply in Bergen County (across the Hudson River from New York) where Blue Laws still prohibit the sale of almost all non-essential items on Sundays. 
The states that currently ban all automobile sales, including motorcycles, on Sundays are Colorado, Illinois, Indiana, Iowa, Louisiana, Maine, Minnesota, Missouri, Oklahoma, North Dakota, Pennsylvania, and Wisconsin
Maryland, Michigan, Texas and Utah have certain restrictions banning some counties from automobile and motorcycle sales on Sunday but not others.
Jason Waechter is The Motorcycle Lawyer.  He represents injured bikers all over the country.  If you or anyone you know is injured in a motorcycle accident, call us for FREE advice.  Call toll free 1-877-BIKER-LAW
 

The Motorcycle Lawyer, Jason Waechter's Certificate of Appreciation for his work in Washington D.C.  He was part of a group brought together by the National Highway and Traffic Safety Administration (NHTSA) and The National Judicial College to educate judges on Motorcycle Safety.