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Biker Rights and Motorcyclist Safety Advocacy in a Political Milieu Characterized By Government Dishonesty and Hypocrisy.
Motorcycle Safety - Bikers Rights

Motorcyclists-Against-Dumb-Drivers Proposed Motorcycle Safety Agenda, Originally Proposed as a "Counter-Agenda"to the NTSB Motorcycle Safety Forum, SEPTEMBER 12-13, 2006.

It has become commonplace that "motorcycle safety" symposia sponsored by our government agencies have become nothing but farcical "political opportunities" for our federal or state government to attempt to justify or promote another decade of the same failed "motorcycle safety" policies which have yielded no reduction ever in the incidence of motorcycle accidents, or in the incidence of the resulting landscape of motorcyclist injury or fatalities.

This "Counter-Agenda" was originally prepared in response to the September 12-13, 2006 NTSB "Motorcycle Safety"Agenda. Please Consider our "Motorcyclists-Against-Dumb-Drivers Position Paper Criticizing the NTSB Motorcycle Safety Agenda," which also served as our call for a real debate on the real motorcycle safety issues, set forth in this "Counter-Agenda," over the same two days on "Bruce and Ray's Biker Forum," at LDRLongDistanceRiders.

We hope that the following Motorcyclists-Against-Dumb-Drivers Motorcycle Safety Counter-Agenda might serve as a general framework for future biker motorcycle safety symposia, and as a list of demands for motorcyclist safety agenda topics essential in the future for biker participation at government sponsored safety symposia. For the future, we urge that biker organizations also consider joining together to resist and boycott efforts by our state and federal governments to dictate "motorcycle safety" agenda such as the NTSB agenda, so patently designed only to obscure the real motorcyclist safety issues, and defend NHTSA's and state government's long failed motorcycle safety policies. In response to the NTSB Forum, Motorcyclists-Against-Dumb-Drivers filed an "Objection" to the Agenda and "Motion" to adopt the Agenda reprinted below, instead. We based our Objection and Motion on our Criticism of the NTSB Agenda. We also objected to the NTSB tactic of sandbagging the presentation of motorcycle safety "trends" and "statistics" at the outset of the Forum, designed rather obviously to retain control over the "science" which would be accepted as the basis for discussion of all succeeding agenda topics. We demanded copies of all studies, materials and underlying data which the government and motorcycle industry experts would present, so that we would have the opportunity to submit criticism of the study designs, methodology, statistical analyses, and investigator or "expert" conclusions.

For as long as we permit NHTSA, our other federal agencies, including NTSB, and our state legislatures to dictate what our "motorcyclists safety" solutions will be, without objection to their idiotic, myopic, paternalistic focus on "what we should wear," we will never be able to ride down the street without the danger that we will have our lives or limbs indiscriminately ripped from us by the stupidity and inattention of the untrained auto driver.

Ray Henke
Co-Moderator, Bruce-n-Ray's Biker Forum


1. The Real Factors Resulting in the Dangers We Face As Motorcyclists, and What Can Be Done About Them.
--A. The Disproportionate Incidence of Multi-Vehicle Motorcycle Accidents Resulting From Auto Driver Right of Way Violations. (Two-thirds of all multi-vehicle motorcycle accidents result from auto driver inattention/negligence; two-thirds of that number, or 50 percent of the total, from auto driver intersection ROW violations.)
----(1) Lack of Conspicuity vs. Inattentional Blindness.
------(A.) What is Motorcycle Specific Auto Driver Inattentional Blindness?
------(B.) What Can be Done About Auto Driver Inattentional Blindness?
--------1. Expectation.
----------A. Motorcycle Awareness Programs, Mandatory Motorist Education.
--------2. Relevance
----------A. Mandatory Serious Penalties For ROW Violations Resulting in Motorcyclist Injury or Death.
--B. Driving Under the Influence of Cell Phones.
----(1) The Seriousness of the Driving Impediment
------(A) DUI Equivalent, 4 Times More Likely to Result in an Accident.
----(2) The Magnitude of the Epidemic
------(A) 1 in 10 on the Road At Any Given Moment in Time Driving Under the Influence of Cell Phone
----(3) The Nature of the Impairment
------(A) Inattentional Blindness, The Impairment is Not Associated with Holding or Dialing the Cell Phone
----(4) Are Motorcyclists At Greater Risk From the Cell Phone Impaired?
------(A) The combination of preexisting motorcycle specific IB combined with new cell phone IB, converging to result in deadly combination for motorcyclists
----(5) What Can Be Done to Reduce the Incidence of Accidents Caused By the Cell Phone Impaired?
------(A) A Comprehensive Ban on All Cell Phone Use While Driving.
------(B) Handheld Cell Phone Bans Are NOT the Solution.
----(6) What Are the Reasons Not to Ban Cell Phone Use While Driving?
------(A) Cell Phone Companies Will Lose Profit (HCRA)
--------1. Rebuttal.
------(B) Employers will Lose Productivity of Employees Working While Driving.
--------1. Rebuttal.
------(C) The American Public Are Addicted To Cell Phones And Can't Bare to Be Without Them Even While Driving.
--------1. Rebuttal
--C. Motorcyclist Ignorance of Motorcycle Accident Avoidance Strategies.
----(1) Motorcycle Training Courses
------(A) Beginners Courses
------(B) Advanced Courses
------(C) Making it Worthwhile for All Bikers to Take the Courses.
--------1. Insurance Discounts.
--------2. Waiver or Rebate of Motorcycle Registration Fees/Taxes.
--D. Auto Driver Ignorance of Motorcycle Accident Avoidance Strategies.
----(1) Mandatory Auto Driver Education on Motorcycle Safety Issues.
------(A) Subject Matters For Auto Driver Education.
---------1. Information Intended to Modify Motorcycle Specific Auto Driver IB.
--------2. Turning Head Into Rear View Blind Spots
--------3. Leaving Greater Distance When Following Motorcyclist
--------4. Not Using Cell Phone While Driving
------(B) Methods of Conducting and Enforcing Mandatory Auto Driver Education.
--------1. Modify Written Auto Driver Study Materials
--------2. Modify Auto Driver Written Tests.
--------3. Adopt Policy to Deny License if One Motorcycle Question Mistake.
----(2) Motorcycle Safety Education at All Voluntary, Required or Court Ordered Auto Driver Education Programs, e.g., To Avoid Traffic Conviction, or DUI Mandatory Education.
--E. Helmet Laws vs. Right to Chose.
----(1) Individual Freedom, An American Tradition.
----(2) The Misrepresentations Propounded by NHTSA in Favor of Helmet Laws.
------(A) Why Has NHTSA Traditionally Focused So Myopically on Helmet Laws.
------(B) Why Has NHTSA Traditionally Resisted Other, More Productive Approaches.
------(C) How Has NHTSA Diverted All Attention to Obtaining/Defending Helmet Laws
--------1. Fatality Studies Designed to Yield Politically Desired Results.
----------A. Studies That Ignore the Greater Landscape of Motorcyclist Injury That NHTSA Can't Pretend Might Be Avoided by Helmet Use.
----------B. Study Designs and Phony Results.
--------2. The Myth of "Lack of Conspicuity," NHTSA's Excuse For Doing Nothing About Motorcycle Specific Auto Driver Attention Deficit.
----(3). The Misrepresentations of the States in Favor of Helmet Laws.
------(A) The Fallacies in the "Public Health" "Rational Basis" for Helmet Legislation.
--------1. States Rely Only On Skewed NHTSA Fatality Comparisons.
--------2. States Ignore That Head Injuries Are Only A Small Part of Greater Landscape of Motorcyclist Injury That Constitutes the Public Health Crisis Resulting From Motorcycle Accidents.
--------3. States Offer No Comprehensive Remedy for the Greater Landscape of Injuries.
--------4. States Offer No Remedy That Imposes Upon the Auto Driving Majority of its Constituency Responsible for Motorcycle Fatalities, Head Injuries, or the Full Panoply of Other Motorcyclist Injuries Comprising The Public Health Crisis.
------(B) The Fallacies in the "State Fiscal Crisis" "Rational Basis" for Helmet Laws.
--------1. The Largest Part of the Motorcyclist Medical Expense Which Must Be Borne By the States Does Not Result from Head Injuries. The State's Fiscal Burden Results from the Costs Associated with the Full Panoply of Motorcyclist Injury Resulting From Motorcycle Accidents, Paralysis, Internal Injury, Catastrophic Orthopedic Injury, Limb Amputation, etc.
--------2. The High Pitched Political Rhetoric That Bikers are a Burden on Society Because of The Medical Expense Which Must Be Borne By the State is Ass Backwards. It is The Auto Driver Who Most Commonly Causes the Motorcycle Accident, It is The Auto Driver Who Is Most Commonly Underinsured To Pay for the Biker's Medical Expense, And it is the Auto Driver Who Refuses To Accept His Moral Responsibility to Pay for the Medical Expense Resulting From His Inattention and Negligence.
------(C) Helmet Laws Are An Impediment to Motorcycle Safety.
--------1. NHTSA's and the States Myopic Focus on Helmet Laws Has Prevented The Discussion of the Real Problems and The Real Solutions. The Helmet Law Debate Has Consumed All NHTSA's Resources and All State Efforts.
--------2. The Abject "Motorcycle Safety" Failure of NHTSA's Myopic Motorcycle Safety Policies of the Past Decades, Focusing Paternalistically Solely On "What Bikers Wear."
--------3. NHTSA is Currently Involved in Nothing But More of the Same, This Time "Before"/index.html"After" Helmet Law Repeal Studies, Squandering its Limited Motorcycle Safety Resources Now Again in it Attempt to Defend Its Failed Policies.
------(D) The Problem: NHTSA Has Participated In Such Dishonest Science In the Service of Its Political Agenda That Most Bikers, For Good Reason, Don't Believe Anything NHTSA Says About the Utility of Helmets.
------(E). The Solution: NHTSA Should Turn Over A Portion of Its Motorcycle Safety Testing Budget To Unbiased Independent Investigators to Provide Accurate Information on the Utility of Wearing Helmets So That Bikers Can Make An Informed Decision Whether or Not to Wear a DOT compliant Helmet; The Remainder of NHTSA's Motorcycle Safety Budget Should Be Spent in Identifying and Providing Solutions for this Obscene, Disproportionate, Incidence of Motorcycle Accidents, And Providing Solutions to Reduce the Incidence of Motorcycle Accidents.
--F. NHTSA Needs To Admit The Truth On Every Other Aspect Of Motorcycle Safety, Or Perform the Honest Research to Develop the Truth.
----(1) Drop the Pretense of "Lack of Conspicuity" and Admit That It is Auto Driver Inattentional Blindness and Negligence That Are the Principal Causes of Multi-Vehicle Motorcycle Accidents.
------(A). Conduct the Research to Come Up with The Most Effective Means of Modifying Motorcycle Specific Auto Driver Inattentional Blindness Particularly For When Auto Drivers Participate In The Behaviors During Which They Most Commonly Fail to "See" Motorcyclists, Such As When Entering or Turning Left At Intersections Into the Motorcyclist's Right of Way.
------(B) Make Honest Proposals For Curing Auto Driver Inattention, Even Though The Proposals May Impose Upon the Majority or Otherwise May Not Be Politically Convenient.
----(2). Admit That Driving Under the Influence of Cell Phones Is An Extremely Serious Public Health Issue, Perhaps Larger Than Any Other Affecting Auto Drivers As Well As Motorcyclists, Bite the Bullet And Make the Appropriate Recommendation That All Cell Phone Use While Driving Be Prohibited And Criminalized.
--G. State Politicians Need To Find The Courage To Do What is Essential for Motorcyclist Safety Instead of What They Figure is Least Likely to Offend the Majority of Their Constituency.
----(1) Enough of Your Pretending That You are Doing Something For Motorcycle Safety By Enacting Helmet Laws. Yours is a Band-Aid on Body of Motorcyclist Injury Manifest in Paralysis, Internal Injury, Catastrophic Orthopedic Injury, Limb Amputation and Every Other of the Landscape of Motorcyclist Injury Resulting From The Obscene Incidence of Multi-Vehicle Motorcycle Accidents Which You Know Full Well Cannot Be Mitigated By Helmet Use.
----(2) Adopt Strong Policies Calculated to Cure Auto Drivers of Their Motorcycle Specific Inattentional Blindness.
------(A) Become Educated About What That Means.
------(B) Figure Out How You Will Modify Auto Driver "Expectation."
--------1. Consider Well Funded Motorcycle Awareness Public Relations Campaigns and Mandatory Auto Driver Education.
------(C) Figure Out How You Will Train Auto Drivers To Recognize Motorcyclists as "Relevant."
--------1. Consider Strong Motorcycle Specific ROW Penalty Legislation, Lengthy Drivers License Suspensions and Jail Time for Violations of a Motorcyclist's Right of Way Which Results in the Motorcyclist's Injury.
----(3) Ban All Cell Phone Use While Driving, With Lengthy Drivers License Suspensions for First Offenses and Jail Time for Second Offenses, Similar to DUI Drunk Driving Penalties.
----(4) Adopt A Mandatory Auto Driver Education Program For All Drivers Seeking New Licenses or Seeking to Renew Licenses, Modify Written Tests to Include Comprehensive Motorcycle Safety Information Including On the Motorcycle Accident Avoidance Strategies Which Auto Drivers Must Employ for the Safety of Motorcyclists; Modify the Written Tests to Include a Comprehensive List of Motorcycle Safety Questions, and Adopt a Policy to Deny Drivers Licenses to Any Auto Driver Who Answers Any Motorcycle Safety Question Incorrectly.

Respectfully submitted,

Ray Henke
Co-Moderator, Bruce and Ray's Biker Forum, LDRLongDistanceRiders

Motorcycle Safety MADD Bikers Rights

Please Consider the Motorcyclists-Against-Dumb-Drovers Position Paper Criticizing the NTSB 9/12-13/06 "Motorcycle Safety Forum Agenda," Objecting to It, Moving NTSB to Change the Agenda, and Invitation to All Bikers to Join in Urging Counter-Agenda and Counter-Agenda Debate.

Motorcyclists Against Dumb Drivers Takes A Motorcyclist Safety Position In Favor of the Repeal of Motorcycle Helmet Laws.

Freedom Fighters Please Note: The Epidemic Growth in Driving Under the Influence of Cell Phones And The Cell Phone Impaired Driver's 4 Times Greater Likelihood of Causing an Accident, Provides Evidence of a Potent Independent Variable That NHTSA Has Not Controlled For In Its Recent Motorcyclist Fatality Studies, Including Its "Before" and "After" Helmet Law Repeal Studies.

Richard Quigley, The Living American Biker Folk Hero Who Obtained The Court Order That The California Helmet Law is Unconstitutional As Enforced. Please Help Him Achieve His Goal to Help Us Acheive Ours.

A Bikers Rights Organization