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HILDY'S BIKER RIGHTS & LEGISLATIVE NEWS
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HILDY'S REPORT 2012
~ CLICK
TO E-MAIL ~
GARY HILDERBRAND
HOME: 302-698-1647
CELL: 302-382-6991
To those of you who do nothing, you are welcome
to enjoy the freedoms others have provided you!
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S.B.152 INTRODUCED 06/23/2011
PASSES 01/26/2012 4:42 PM
DELAWARE GENERAL ASSEMBLY LINK HERE
This Bill requires operators of three-wheeled motorcycles to take appropriate
knowledge and skills tests and obtain a motorcycle endorsement on their driver license.
Persons who take a motorcycle endorsement skills test on a three-wheeled
motorcycle
will have a three-wheeled motorcycle restriction, in addition to the motorcycle
endorsement, limiting their operation to three-wheeled motorcycles only.
Anyone who holds a motorcycle endorsement without a restriction is
permitted to operate a two-wheeled or three-wheeled motorcycle.
This Bill includes a grandfather clause allowing anyone who currently operates a
three-wheeled motorcycle, whose three-wheeled motorcycle is registered prior to the
effective date of this Act to be waived from the required knowledge and skills tests.
Those who are grandfathered will still be required to obtain the
endorsement with the three-wheeled motorcycle restriction.
Article in Cycle Source about BOLT
Article By: Rob Keller
NATIONAL MOTORCYCLE RIGHTS ISSUES YOU NEED TO KNOW ABOUT!
These words to an old Aaron Tippin song keep ringing in my head:
" You've got to stand for something or you'll fall for anything."
To me, this is a true statement and words to live by.
If you believe in or are passionate about something, you will do everything you can to protect it.
Our responsibility as motorcyclists has to include the nerve to stand up and fight for our rights.
This is not just about the helmet laws; this is about everything
from noise control to motorcycle-only checkpoints.
Fortunately for us, there are a few Motorcycle Rights Organizations out there
working hard to keep us informed of political topics that concern our lifestyle.
They show up in court to defend issues that affect our way of life.
Sometimes they don't come out on top and that is when B.O.L.T. (Bikers of Lesser Tolerance) steps in.
I had the honor of talking with Tony "Pan" Sanfelipo, one of the original
freedom fighters,
that has dedicated his life to the political issues that affect the biker lifestyle we love.
Tony was there in the beginning when the biker was considered by many to be a threat to society.
He helped to organize several helmet protests in the 1970s that gathered
as many as 30,000 riders together in his home state of Wisconsin.
At one particular rally in 1977, 50,000 riders rode to the state capital.
Seventy five percent of those riders were not in compliance
with the law by choosing not to wear their helmets.
After that protest, a helmet repeal law passed both houses.
Governor Patrick Lucey said he would not sign the bill but he was away from his post at the time.
With the absence of Gov. Lucey, Markus Shriber was in charge
and he acted in the interest of his boss and vetoed the bill.
They brought it back through a second time and this effort constituted a change
in the state mandatory helmet law that was passed in the spring of 1978.
Pan says that to this day, the lawmakers still talk about the big protests.
They still have an impact if you organize them in the right way.
If you want to protest a law, don't ride to the rally obeying the law you want to fight!
That is counterproductive.
The police can't write up everyone and you have to believe in your cause.
If you get a fine protesting or you just don't believe in a law, you can tie up the court system.
This is a productive approach.
Every courtroom victory helps the cause.
Stand up for your rights!
Pan continues to work with A.B.A.T.E.
(A Brotherhood Against Totalitarian Enactments) in his home state.
In 1990, he founded the aforementioned elite motorcycle rights' organization, B.O.L.T.
This is their mission statement:
B.O.L.T. is the "NO COMPROMISE" biker rights collective.
We oppose discrimination against bikers and other motorcyclists.
Known primarily for opposition to government-mandated motorcycle
helmet laws, we lawfully fight discrimination on all fronts, including
legislative buildings, courtrooms, and the streets.
Membership is limited to proven freedom fighters that
have become known to us as a result of their actions,
using a nomination and acceptance process.
Friends and supporters are welcome here, to learn and share.
Along with other members of B.O.L.T., Pan is a member
of the Sturgis Motorcycle Hall of Fame Freedom Fighters.
This honor recognizes the sacrifices that individuals across the nation and the
world have made to protect the rights of those who ride and is a growing list of
exemplary and tenacious men and women who serve diligently, humbly and quietly
so that we may enjoy the liberties that many of us take for granted.
Pan told me that B.O.L.T. is a state of mind.
They don't collect any dues and it is more like a club.
You are either B.O.L.T. or you're not!
You stand up for your rights or you don't!
The group is small but they get things done.
Pan went on to say that BO.L.T. is very actively working on many issues.
The motorcycle-only checkpoints are keeping them busy.
For example, in New York State, they say that motorcycle-only checkpoints are
constitutional. In Wisconsin, they must have a reasonable probable cause to stop you.
Safety checkpoints started popping up for motorcyclists here about a year ago.
There, they must stop 20 vehicles in a row and not be selective to motorcycles.
If people become complacent and don't fight, we all lose.
Tell the officer you're not doing anything wrong and the stop is unconstitutional!
If people let it happen, it won't stop.
The core of the problem is we don't stand up for our first and
second amendment rights which are all important and basic rights.
In closing, I just really want to thank all of the freedom fighters
for what they have done in the past and continue to do.
They will never give up the good fight and sure could use our support.
Thank you Pan for the interview and all of the stories you told me.
You are a true inspiration and I will do my best to pass the word on the street!
D.#.T.
26 February '12 CYCLE SOURCE
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Current Delaware law states that every person operating or riding on a motorcycle shall
have in that person's possession a safety helmet approved by the Secretary of Safety
and Homeland Security through the office of Highway Safety and shall wear eye protection
approved by the Secretary, according to Title 21, Chapter 41, Section 4185 of Delaware Law.
Persons younger than 19 years old also must wear a motorcycle
helmet while they are on a motorcycle in the First State.
*4185 (b) as it reads:
Every person operating or riding on a motorcycle shall have in that person's
possession a safety helmet approved by the Secretary of Safety and Homeland
Security (hereinafter "Secretary") through the Office of Highway Safety and shall wear
eye protection approved by the Secretary; provided, however, that every person
up to 19 years of age operating or riding on a motorcycle shall wear a
safety helmet and eye protection approved by the Secretary.
http://delcode.delaware.gov/title21/c041/sc11/index.shtml#4185
A “Look Twice Save A Life” signs reminder...
Many of our members in the past have mowed the State’s right
of way and continue to maintain it, then placed our ABATE,
“Look Twice Save A Life” yard signs out there where they just mowed.
Our maintenance of this area saves the state thousands
of dollars.
Unfortunately, there is a state law that prohibits these or any signs from
being placed in the right of way, and because we are the organization
listed at the bottom of the signs, ABATE of Delaware
will be fined.
We need to get the word out a little bit better than we have
been, or it is going to cost us more money as an
organization.
Telephone poles sit one foot on state property.
So, that would be a good measure for our members to go by should
they need to understand as to where they can place a yard sign.
Behind the telephone pole line.
The link below shows ABATE of Delaware's,
First Offense Warning from DelDot:
http://www.abateofde.com/first_offense.pdf
RULE 30 IS NOW RULE 1206
SUBMITTED COMMENTS ARE POSTED BELOW
DEPARTMENT OF SAFETY AND HOMELAND SECURITY
Office of Highway Safety
Statutory Authority: 21 Delaware Code, Section
4185(b), and 29 Delaware Code, Chapter 101
PULLED OVER BY THE POLICE FOR HAVING HIGH HANDLEBARS?
POLICE DO CANNOT INTERPRET THE LAW,
THEIR JOB IS TO ENFORCE IT, IF THERE IS ONE!
CHECK THIS OUT...
http://www.legis.delaware.gov/LIS/LIS143.NSF/vwLegislation/HB+96?Opendocument
H.B 96
This Act eliminates the Code provision restricting the
height a motorcycle’s handlebars to 15 inches above
the level of the operator’s regular seat.
A number of states have likewise eliminated the height
provision as there is no scientific data to support a limit.
The Division of Motor Vehicles supports this legislation.
CLICK ON THE LINK ABOVE OR BELOW, AND PRINT
IT OUT GET THE OFFICER'S NAME AND BADGE NUMBER
THEN, LODGE A FORMAL COMPLAINT TO INTERNAL
AFFAIRS AT THE RESPECTIVE OFFICERS' LAW
ENFORCEMENT AGENCY, OR IF YOU ARE ISSUED A
CITATION, TAKE IT TO COURT WITH YOU AND DEMAND
THAT THE ISSUING OFFICER APPEAR AS WELL.
THE LAW AS IT NOW
http://delcode.delaware.gov/title21/c041/sc11/index.shtml#4185
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