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2009 News Archive2008 News Archive2007 News Archive2005/2006 News ArchiveMotor Vehicle Dealer Board FAQ
From the Desk of the Chairman
Hello fellow PDAC members, I would like to thank you all for the opportunity of being the new Chairman for this organization. I have worked in the motorcycle industry for 24 years and have worked in every department of a motorcycle dealership. I started as a Lot Tech in April of 1985 for a dealership in Lakewood and have since worked my way up to becoming the General Manager of RPM Motorsports. I have been involved with PDAC and the CMDA (Colorado Motorcycle Dealers Association) for the past 15 years.

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



A Letter to the Governor

Dear Governor Ritter:

We have watched special interest groups within and without Colorado dictate how our public lands are to be used and who may access them. This is most evident in the current number of Wilderness bills that is being forced down the throats of long time Colorado residents. The current Wilderness bills that are being sponsored by radical environment groups; the Hidden Gem Wilderness, the San Juan Wilderness, the Colorado Canyon Country Wilderness and the Colorado Wilderness Act are going to ruin this state. The vast amount of already designated Wildernesses curtails all forms of recreation and economic development. When you combine these 4 wilderness proposals, with the reopening of the Colorado Roadless Rule, you are reducing all aspects of public recreation and economic development for the state.

The above proposals amount to over 3 million acres of additional Wilderness - in one fell swoop a chunk of land slightly smaller than the state of Connecticut. Currently Colorado has about 3.3 million acres of Wilderness that was established over a 45 year period of reflection. Consider that the demand is now to double that area in one year!

There is sufficient Wilderness areas already designated in Colorado. New areas will do nothing but reduce tourism for the state, and also cause overuse of the few National Forest areas that are non Wilderness.

Looking at the current Wilderness bills, it is a blatant example of trying to reduce or eliminate all forms of public access to National Forest lands, unless you can walk in or ride a horse. The Hidden Gems Wilderness is the best example of this to date. Locking up our national resources also jeopardizes our national security. Denying access for needed commodities, while simultaneously having no plan to keep the nation supplied with sufficient energy will ruin us as a proud industrial power.

The Colorado Roadless analysis was developed several years ago under current congressional guidance, the reopening of this to appease environmental groups that want to make all of Colorado Wilderness are not in the best interest of the state. There is a point where too much wilderness negatively affects the public's quality of life and our state's opportunity for business and population growth. It is absolutely convincing that a state with 6.3 million acres of Wilderness and another 4.2 million acres locked up as roadless area is a state well on its way to life as a second rate nation.

We urge you to not support any of the new Wilderness legislation and to also support the previous Colorado roadless policy.

Colorado needs to remain open for all forms of public recreation and access to all, not just a privileged few with significant financial resources to sway political opinion and youthful legs and hearts to leave behind the generation that made freedom possible.

Sincerely,
PDAC



Modifying Lead Ban Unlikely
By Jerry Abboud, Executive Director

After conversations with industry representatives in Washington D.C., the likelihood of legislation to exempt children's OHVs and snowmobiles containing levels of lead that exceed the law is looking less and less likely. It appears that the supporters of the original bill like it just the way it is; unreasonable. It seems the destruction of small business is a priority of this Congress. Former President Bush fumbled the ball and signed it into law despite evidence of its impact on business and that much of that impact does nothing to protect children in the real world.

Current CPSC Chair, Nancy Nord may be trying to seek a reasonable resolution but it is an uphill battle as the language of the legislation is not in her favor. Nevertheless, there continues to be efforts made in trying to resolve the problem.

Perhaps what is most difficult to understand is why the manufacturers, who had lobbyists following the legislation from its inception, did not involve dealers in a fight to exempt the product nor notify them of the law until a few weeks before its February 2009 implementation date. That meant from August 2008 until February 2009 dealers where buying product that the OEMs new was to become an albatross.

Further, why is there still flooring being charged on some models, specifically those sold after the bill was signed into law, by the OEMs. Is the interpretation "better your dealership than my warehouse?"



AMA Position Statement on Distracted and Inattentive Vehicle Operation

All road users are responsible for the safe operation of their vehicles on public roads and highways. Advances in mobile technology have made it easier than ever to become momentarily distracted by operating the controls of a stereo system, a global positioning unit, or some other device.

The American Motorcyclist Association (AMA) acknowledges that motorcyclists - in addition to car drivers, truck drivers, and even bicyclists -- share this responsibility. Distracted motorcycle operation can be every bit as dangerous to the operator, other road users, and pedestrians as the distracted operation of a larger motor vehicle.

The AMA recognizes that distracted or inattentive driving has become a major concern to the motorcycling community. Far too many cases have been documented of motorcyclists being injured or killed as the result of other vehicle operators being distracted or inattentive.

Motor vehicle operators engaged in distracted or inattentive driving behaviors are not just a danger to motorcyclists - they endanger pedestrians, bicyclists, roadside assistance and emergency medical personnel, highway construction workers, law enforcement personnel, and the list goes on. For too long, inappropriate non-driving activities while operating a motor vehicle have been accepted as "just the way it is."

Even the National Highway Traffic Safety Administration (NHTSA) acknowledges that distracted and inattentive driving behaviors have significantly contributed to motor vehicle crashes. From an NHTSA report: "Driver inattention is the leading factor in most crashes and near-crashes, according to a landmark research report released today by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTTI). Nearly 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds before the event. Primary causes of driver inattention are distracting activities, such as cell phone use, and drowsiness."

Within the last few years in nearly every state, new legislation has been introduced to address some facet of distracted or inattentive driving. Most of the bills are well intentioned. However, almost all focus on only one or a few in-vehicle behaviors, such as cell phone or text messaging system use, rather than addressing the main issue. Other bills, particularly those with age-based restrictions or prohibitions, are virtually unenforceable in the real world.

Several bills, however, specify that distracted or inattentive behavior that contributes to a crash would subject the vehicle operator to enhanced penalties, similar to aggravating circumstances such as operating a motor vehicle under the influence of alcohol or drugs. This approach is promising because enhanced penalties for violations resulting in injury or death to other roadway users holds violators more accountable for their actions. Note that specific restrictions or prohibitions are not required - any distracted or inattentive behavior that can be documented prior to a crash can be used as evidence.

Therefore, the AMA supports legislation that includes enhanced penalty options to be determined by the courts. Examples of penalties include the following, but are not limited to enhanced fines, operator's license suspension, points assessed on an operator’s record, community service, and imprisonment. Additionally, the AMA supports the prominent placement of signage that notifies roadway users that the state provides specific sanctions for those convicted of moving violations while operating a motor vehicle in a distracted or inattentive manner. The inclusion of these sanctions depends on a state’s current penalty structure of similar-magnitude offenses.

The AMA has adopted this position statement on distracted and inattentive motor vehicle operation because roadway users such as motorcyclists, bicyclists and pedestrians pay a disproportionally higher price for motor vehicle operator distraction and inattention.



New motorcycle safety initiative for Colorado mountain communities
>From a press release issued by Drive Smart Evergreen/Conifer

Motorcyclists are a frequent sight and sound in all seasons bringing local tourism dollars into the mountain communities west of Denver. Riders on cruisers, sport bikes, large scooters and dual sport motorcycles from surrounding counties and out of state, stage rides on crisp autumn days, warm winter days, and especially on summer evenings up to the mountains. In the morning, sounds of up- and downshifting motorcycles can be heard along the open highways of I-70, Highway 74 and 285, and coming onto the twisty canyon roads leading up to the Evergreen and Conifer communities, for rides west. In the evening, having had their fill, riders head back home.

In recent years motorcycle crashes, including fatalities, in western Jefferson County have increased. In 2008, 13 motorcycle fatalities occurred in Jefferson County. Six of those fatalities involved riders with a BAC greater than or equal to 0.08%. According to CDOT, in the years 2003-2007, 44% of riders and their passengers killed in Colorado were age 45 or older. 90 riders and passengers were killed in motorcycle crashes in Colorado in 2007, the highest ever recorded (that averages almost 8 deaths every month). We believe this is preventable.

With grant funding from the National Highway Traffic Safety Administration ("NHTSA") the Colorado Department of Transportation ("CDOT") has awarded funds to DRIVE SMART Evergreen/Conifer to establish a motorcycle safety coalition. DRIVE SMART has taken a proactive stance in partnership with the Jefferson County Sheriff's Department to reduce these unacceptable losses of motorcyclists riding in our community. DRIVE SMART is the first in Colorado to implement NHTSA's new PROJECT GREEN-YELLOW-RED. Our focus is to reduce impaired motorcycle operation and to remind all riders to ride within the limits of their abilities.

DRIVE SMART is pleased to announce that an Evergreen resident with a passion for these issues has joined our mission. Deborah Napier, an attorney, licensed motorcyclist, and motorcycle safety advocate, was selected to jump start this new initiative. Ms. Napier's previous work includes legislative advocacy on behalf of the industry's rider education and skills training programs supported by the Motorcycle Safety Foundation ("MSF") as well as the ATV Safety Institute ("ASI") in Washington, D.C. In her youth she was an accomplished racer competing in AMA sanctioned motocross racing, as well as a high school team. She competed in her first desert race this year at the age of 49. She has completed the MSF Experienced Rider Course and is a Master Tread Trainer with Tread Lightly! In addition, Ms. Napier has given presentations to students at Grand Junction's East Middle School and in Evergreen Middle School's Outdoor Education class to encourage getting youth outdoors using multiple use trail etiquette, as well as using safe and responsible principles when recreating on our abundant public lands.

As Coordinator of the DRIVE SMART motorcycle safety coalition, in the first year of the NHTSA grant Ms. Napier will establish a working coalition in the Evergreen/Conifer area. This new coalition will include motorcycling enthusiasts, motorcycle dealerships, a Jefferson County public health official, a Jefferson County Sheriff's Office representative from the Mountain Precinct as well as interested owners of restaurants and taverns frequented by motorcyclists in Evergreen and Conifer. Ms. Napier and DRIVE SMART's outreach to the motorcycling community has already started with the October meeting of ABATE's District 16 organization in Conifer.



COLORADO'S OHV PROGRAM IS UNDER ATTACK BY EASTERN ANTI-ACCESS PRESERVATIONISTS!!!!!!!
By the American Motorcyclist Association

WHAT'S GOING ON HERE?
Responsible Trails American, a notorious anti-access and anti-OHV preservationist organization from the east coast wants to take your OHV registration funds for their agenda. They want this money because in many cases funding trail maintenance is the only thing that stands between you and extensive closures. They want 70% of your funds to go to law enforcement and trail closures.

HOW ARE THEY TRYING TO DO THIS?
By hiring a prominent local lobbying firm, yes the same firm that tried to steal the OHV fund last year, to lobby the Park's Board to force the use of the funds their way. They have created a resolution which they intend to have the Park's Board adopt at the November 20, 2009 meeting. The entire resolution misrepresents our nearly 20 year old program.

HOW YOU CAN STOP THEM!
They can only be stopped by the voice of the OHV community. You should write a letter to the Park's Board to save your fund. If you do not, then your money will go towards the destruction of your sport!

Please write a letter. The deadline for getting it into the mail is: November 14, 2009

THE WHAT AND THE WHO
While the letter should be in your own words here are a few points that may assist you in writing your letter:

·  Colorado's OHV Program was intended to provide those that pay into it with opportunities.

·  The program has always struck the proper balance among maintenance, education, signage and environmental protection.

·  People from outside Colorado should not be allowed to rewrite a statute to the detriment of those who pay the way.

·  HB1069 from 2008 allows every law enforcement officer to enforce restrictions on OHV travel, more enforcement is not necessary as only a small number violate the law.

·  Colorado's Program is viewed by the U.S. Forest Service and Bureau of Land Management as one of the best in the country.

·  The Program is far different than similar programs in other states and is not in need of tying up funds for outside interests; our program is uniquely well operated.

·  Despite some past problems generated by other Park's programs that caught the attention of the Legislative Audit Committee, the state motorized trails programs were found to be in full compliance.

·  Personalize your letter about how you and your family enjoy your sport and do not want to see it diminished without reason.

E-mail: parksinfo@state.co.us

or

Address your letter to
Mr. Dean Winstanley
Director, Colorado State Parks
1313 Sherman Street, Suite 618
Denver, CO 80203

 

Board of Directors
Chairman, Jack Starr - RPM Motorsports
Vice-Chairman/Treasurer, Kurt Finley - Colorado Powersports
Director, Jason White - Fay Myers Motorcycle World
Director, Dave Burke/Duane Akiyama - Sun Enterprises
Director, Bill Comegys - Grand Prix Motorsports
Director, Mike Hendry - Foothills BMW/Triumph
Director, Steve Larson - Greeley H-D, Honda, Yamaha
Director, Brent Flambures, G-Force Powersports
Director, Marshall Van Thorne - Interstate Honda

Executive Director, Jerry Abboud

Members

Alpine Motorsports
Apex Motorsports
Aurora Honda
Colorado Powersports
Coyote Motorsports
Fay Myers Motorcycle World
Foothills BMW/Triumph
Fort Collins Motorsports
G-Force Powersports
Grand Junction HD
Grand Prix Motorsports
Handlebar Cycle
Interstate Honda

Power World
Rocky Mountain Kawasaki
RPM Motorsports
Spirit Lake Polaris
Sun Enterprises
Vickery Motorsports
Wild West Motorsports
Associates:Motorcycle Accessories
Zurich
Tucker Rocky Dist
PSN
Western Powersports


Disclaimer: PDAC is not authorized to dispense legal advice. The information contained in this newsletter is for informational purposes only. PDAC advises that dealers consult legal counsel on the specifics of any law or regulation to ensure full compliance.

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