Legislation Filed to Increase Fines, Penalties and Insurance Requirements for Massachusetts’ Motorcyclists
Massachusetts Motorcycling Activists
For Immediate Release: Contact: Bill Gannon
Legislation Filed to Increase Fines, Penalties and
Insurance Requirements for Massachusetts’ Motorcyclists
(October 2, 2009— Boston, MA) Legislation filed this year will increase fines and add further penalties, including probation, for motorcyclists operating in Massachusetts wearing so-called “unapproved” or “novelty helmets,” or for not wearing a helmet at all, with a portion of those fines being appropriated for deposit into the Head Injury Treatment Services Trust Fund. Said fines would also apply if the rider was not wearing “approved” eye protection.
This proposal also calls for Massachusetts’ Motorcyclists to carry $50,000.00 in Medical Payments insurance coverage at an additional cost of between $316.00 up to $400.00 annually based on rate changes effective January 1, 2009.
A hearing will be held on this proposal at the Massachusetts State House before the Joint Committee on Transportation this Tuesday, October 6, 2009 in Hearing Room B1 commencing at 11:00 AM.
Senate No. 2017, filed by Senator Stephen Brewer (D-Worcester)
, states that any motorcyclist will be fined “not less than $125, placed on probation or granted a continuance without a finding for operating a motorcycle, or permitting another person to ride as a passenger, without a helmet” and that said helmet meet “the American National Standards Institute’s standards for protective headgear” (i.e. D.O.T. approved).
Presently the penalty for not wearing a helmet, or wearing an “unapproved” helmet in Massachusetts is a Civil Violation with a $35 fine plus an insurance surcharge.
Section 1, Subsection (h) of Senate #2017 not only raises that fine by $90 but also calls for it to become a Criminal Penalty by including “probation” or “continuance without a finding” penalties for those convicted.
Subsection (h) goes on to authorize “that a person may be sentenced to a correctional facility in the commonwealth” regarding penalties outlined therein.
Senate #2017 was filed, and strongly supported by, the Massachusetts Motorcycle Association (MMA). They have been actively lobbying and thus far have gained 17 legislator co-sponsors for Senate #2017.
Senate #2017, entitled the “Helmet Choice Bill” would also modify Massachusetts Helmet Law to allow those riders that allows riders their choice on helmet use if rider is “at least 21 years old, had successfully completed a motorcycle safety course” provided that they carry the expensive $50,000 in Medical Payments coverage on their motorcycle policies.
While the MMA calls Senate #2017 the “Helmet Choice Bill”— most motorcycle riders find little choice with increased penalties and compulsory $50,000 Medical Payments insurance coverage trade-off.
Howard Segermark, long-time Washington D.C. Lobbyist and co-founder of the Motorcycle Rider’s Foundation states, ” as far as my reading is concerned, Senate 2017 is an anti-freedom bill which has nothing to do with choice. The author’s assumption of a causal relationship between wearing a helmet and public dependency is total fabrication and a fallacy that any legislator lawyer is required to understand.
The trade-off requirement that motorcyclists to carry $50,000 in medical insurance coverage sets a dangerous precedence as this language is an admission that the MMA agrees that motorcyclists are a burden on society.
Massachusetts Motorcycling Activist Bill Gannon said, “The MMA is actually admitting that motorcyclists need higher coverage than other vehicle operators because we must be “social burdens” by filing this language. Anti-choice advocates will have a field day with such a documented admission from the MMA.”
Motorcyclists also see this language as blatant discrimination. $50,000 Medical Payments coverage is not being required for operators of other vehicles and motorcyclists being singled out to carry such policies is concrete discrimination.
Currently Medical Payments coverage is an option and currently is the only no-fault coverage left in Massachusetts. A change effective January 1st, 2009 saw that option’s premiums increase significantly and will be approximately $316.00 up to $400.00 annually. When purchasing that option, one must specify “passenger coverage” or passengers will not be included.
Motorcyclists are also concerned that they would need to carry proof of insurance to show law enforcement that they are compliant. The riders fear increased police harassment through “probable cause” stops to check for proof of insurance.
Out-of-State Motorcyclists would automatically be opened up to probable cause for “proof of insurance” stops and ticketing since their states presently do not require such compulsory insurance.
Subsection (h) calls for the $125 fines collected to be deposited by the court with the treasurer into the Head Injury Treatment Services Trust Fund— more inference that the MMA admits motorcyclists are “social burdens.”
The Head Injury Foundation consistently lobbies against motorcycling and promotes helmet laws in all 50 states.
Serious motorcycling activist consider Senate #2017 is a bad bill that sets a dangerous precedent as well as discriminates against all motorcyclists.
All motorcycle riders are urged to attend Tuesday’s public hearing and ask the Committee to kill Senate #2017 and insist that the MMA DOES NOT SPEAK FOR YOU and that you are NOT a “Social Burden!” Insist that you are opposed to higher fines and higher insurance coverage limits! Insist that Senate #2017 discriminates against motorcyclists! Ask your legislator to contact Chairpersons of the Joint Committee on Transportation and say Senate #2017 SHOULD NOT PASS!!!
Instead, motorcyclists are urged to ask the Committee to support Senate # 1944 filed by Senator Morrissey entitled, ” An Act relative to the modification of the helmet law.”
Senate # 1944 states that riders over the age of twenty, and riders over the age of seventeen that pass the Motorcycle Safety Course can make their own choice on helmet use without any silly trade-offs. Last session Senate # 1944 was the ONLY helmet repeal language that stayed alive throughout the entire legislative session, unlike MMA’s repeal bills that died in committee early on.
