I welcome your input and insight on the challenges we face in today’s market. I feel that it is important for us to stick together as an organization, and work together to bring in new members. Please feel free to contact me by phone anytime at 303-232-7576 X-26 or by email at jackstarr@rpmms.com

All in all a good session if you exclude the majority party’s surcharges and taxes. Good things happened due to PDAC’s diligence and hard work. This marks my 23rd session on behalf of the dealers so pass the Motrin; it’s not getting any easier. A PDAC bill is noted as such and others are those we supported, brought by other entities. Click here to read the 2009 Colorado Legislature Wrap Up.

I was first introduced to the newest anti-motorized organization at a 2008 meeting of the Western Association of Counties. Visit the RTA website to get the full impact of their venom: http://www.responsibletrails.org

It appears that they are a well funded outfit out of Alexandria, Virginia. They are working state legislatures to cripple or rob OHV programs and are the likely culprits behind the efforts to rob Colorado’s OHV program. They are listed as a client of the local lobbying firm known as Political Works. Since it was a lobbyist from Political Works that was pushing the Joint Budget Committee to rob the fund; Sherlock Holmes can rest in peace - I think we can figure this one out.

This is a well funded outfit I am told, willing to spend big money to deprive motorized recreationists of their access. Most recently they have been active in New Mexico, Arizona and Colorado. They seem to specialize in redirecting OHV funds to law enforcement. I would guess since Colorado has state peace officers authorized to enforce travel management on federal public lands that stealing all the money was a better option.

They have an interesting strategy, which is to paint OHV recreationist as composed of a criminal element in need of education and jail time. You will note on their website that they go so far as to have a news report in which a thief was caught who happened to be riding an ATV. And this equates to responsible recreation, how?

Also, they have only a post office box for an address. Strange for a nationwide organization don’t you think?

I am sure we will see their lobbyist regularly, now trying to legislate problems and steal money.

My question is a simple one: If you are all about safety, responsibility and environmental mitigation, why would you wish to rob the only fund in this state that provides these efforts? The money and help sure as hell isn’t coming from anyplace else.

Better yet, why would the Colorado Department of Natural Resources listen closely to an outfit that is not a Colorado constituent group whereas the OHV registrants are primarily Colorado residents? Why would the DNR hide behind an anti OHV group when Colorado taxpayers are getting screwed?

Perhaps an investigation by the General Assembly is in order.

According to section 101(a) of the enacted legislation, all youth products containing lead must have less than 600 parts per million (ppm) by weight. The Consumer Product Safety Commission (CPSC) has interpreted the law to apply to various components of youth OHVs including the engine, brakes, suspension, battery and other mechanical parts. Even though the lead levels in these parts are small, they are still above the minimum threshold.

The unavailability of youth OHVs will devastate family OHV recreation and cripple amateur competition, creating a domino effect across all aspects of motorized recreation.

In order to assure continued availability and access to youth OHVs, the Motorcycle Industry Council (MIC) and Specialty Vehicle Industry Association (SVIA) submitted petitions to the CPSC asking that certain vehicles be excluded from the final rule governing the law.

It is critical that Congress and the CPSC know the petition exists and that they act on it to maintain a vital form of recreation for American families, preserve youth racing and protect the thousands of jobs associated with this industry.

Please write or call your Representative and the CPSC today and ask them to approve the petition to exclude youth OHVs from the CPSIA lead content requirements.

You can send your Representative a letter by using the 'Take Action' option. To contact the CPSC directly, use their contact form by clicking here.

The first 6 weeks of the legislative session have been filled with activity and many challenges. For the first time in years, the Motorcycle Industry Council is looking to hire a lobbyist to fight Colorado Franchise legislation initiated by the Colorado Automobile Dealers Association and joined by PDAC with the addition of a Power Sports Franchise Amendment to address non-motor vehicle product.

SB-091

This legislation has a number of key provisions to assist dealers in bringing fairness to dealer/manufacturer relations:

SB09-91 provides improvements to the current motor vehicles franchise laws by compensating dealers when they terminate or are terminated for the fair market value of the goodwill of the business, compensation for an outstanding lease or value of a year’s lease of the property if owned by the dealer. Establishes the method for determining value.

SB09-91 provides a 30 day time frame for a manufacturer to deny a request for sale or transfer or change of executive management. It also provides for similar notice on initial site location or request for relocation.

SB09-91 Currently manufacturers can condition sale, transfer, relocation or renewal of a franchise on the sole basis of site location. Site location is removed as a sole reason for denial.

SB09-91 places dealers in a position to compete without the threat of the loss of their franchise or certain models over unreasonable manufacturer’s demands; particularly prohibiting more than one product line sharing common facilities.

SB09-91 closes the loophole on OEM sales of used vehicles while grandfathering manufacturers selling used vehicles prior to 07/01/09.

SB09-91 provides a mutual right to audit while fixing the "look back" period at 12 months for both dealers and manufacturers. This period is waived in cases of fraud initiated in a court of competent jurisdiction.

The MIC is looking for a top gun lobbyist to kill the bill or take the motorcycle industry out. This is a tough fight but worth it for Colorado’s Powersports dealers.

HB-1026

This legislation was developed by PDAC to help with small scooter sales. The new name is low powered scooter (LPS). Currently, the law limits a scooter of 50cc or less to 30mph on level ground and requires an automatic transmission. A small scooter is also inaccurately referred to as a motorized bicycle. Additionally, customers were written a fistful of tickets if they exceeded the 30 mph limit. The limit would be 40 mph and operator controlled. Speeding would be the only violation for exceeding the 40mph speed limit.

Retains the $5.00, 3 year registration and sticker.

Requires proof of liability insurance under the Financial Responsibility Act. Gives owners of LPSs one year to comply with this requirement.

Increases the top operating speed to 40 MPH and provides penalties for exceeding this speed limit.

"Low powered scooter" will include electric powered scooters of 7 HP or less that have been previously excluded.

Retains the requirement of having a valid driver license to operate a LPS

HB-1071

An effort for cities to try to tap into search and rescue funds with an increase from $.25 cents to $1.00. PDAC supported a successful amendment by the county sheriffs of Colorado to reduce the fee to a reasonable $.50 cents and prevented cities from access to what is essentially rural and mountain search and rescue funds paid by OHV recreationists, snowmobilers and hunters and fishermen.

SB-108

Affectionately referred to by some as Bill Ritter’s revenge, adds surcharges to all motor vehicles for highway safety and bridge and road reconstruction. Motorcycles are charged at the lowest tier $29 per year and low powered scooter (motorized bicycles) are exempt. PDAC has argued with the legislature and administration that the motorcycle surcharge is too high, however, Democrats have repeatedly stopped the amendment to reduce the fee to $15.

HB-1226

This legislation sought to reinstate no fault insurance, but was killed in the House of Representatives. Wasn’t it just 4 years ago we said good bye to no-fault?

Other bills being monitored include liens against titles and forest health. Also of concern, due to the state's budget woes, would be possible theft of motorcycle safety funds and OHV and snowmobile cash funds. Although to date, PDAC has managed to keep these funds off the table.

If you are already a licensed motor vehicle dealer, please click here to download the appropriate forms and PDAC Helpful Hints for obtaining your powersports vehicle dealers license.

If you do not already have a motor vehicle dealers license, go to the Colorado Department of Revenue, Auto Industry Division website at www.revenue.state.co.us/dlr/home.asp to download the appropriate forms.