Where are we SB 101?

[Quad daddy]

Latest from Lindy
Wow....it is actually coming together.  Just think back a month or two and we sure have come a long way.  Tom Tobey has been working very hard on the amendments with Parks.  Devlin's office has actually come on board and they too have been very helpful.  We found out today that Sen. Metzger will give it another chance so we have to have it all done and turned in tomorrow.  For ATVs we will have rider fit with no minimum age, supervision for under 16 years old, back to public lands vs. lands open to the public,  supervision with the unaided eye and able to come to the immediate aid rather than having to be on the same type of OHV, and hands on training for youth, online for adults new to the sport, and a test out for those who have been riding and are over 16.  If you would have told me a month ago that this may be possible I would have laughed really hard.
 
We proposed rider fit no minimum age at the Parks meeting for motorcycles but the motorcycle guys didn't want rider fit at the time and wanted to negotiate supervision for 12 then 14, then 15.  Considering we have fought and won SB 49 based on supervision, I could not in good conscience fight Parks on that portion of the bill.  They did say they would go to 15 and after having a meeting said they could support to age 16 but they still wanted no minimum age and no rider fit.  Since the minimum age for MC is current law and Senate Bill 101 isn't changing or addressing that portion, it would really be a stretch to get that through without something like rider fit to replace it.  Even then it would have been a tough sell.  We really wanted to align ATVs and MC on rider fit and still hope to pursue it in the future.  It now looks like the motorcycle guys are open to rider fit/no min age but that wasn't until this afternoon and our deadline for having the amendments in is first thing in the morning.  Keep in mind we have been working on it night and day and back and forth to get just the ATV part complete.  We also had to drum up support from the other Senators so that it could move forward.  When I asked the Senators if there might be a chance to change it at this late stage of the game they made it clear that they would not even consider dropping the minimum age in this bill but rider fit could possibly be added.  I will leave that up to the MC folks to decide.  It may be a great start for them but until we could work on the minimum age in future legislation it would mean they would have both.  Hopefully we can all begin to work with Parks and the Senators towards that for next session.  Our long term goal is to simplify the training and rules and have no min. age and rider fit for both.  If we can get 101 through, it will only strengthen the argument for rider fit.  If the MC guys would like I would be happy to get sponsorship for that type of bill for next session but will leave it up to them.  The National and other local MC groups are in full support of what we are doing.
 
Parks has also been really wonderful.  A few people worth your continued support and who have been very instrumental in meeting with Parks is Gary Sargent, April McVay and Monty (sorry Monty - I can't remember your last name but my guess is everyone knows you by Monty!!).  These three are involved with the Power Sports and Oregon Dealers Assoc. - Gary also owns Sargents Motor Sports in Portland.  They participated in the meeting with Parks and have signed up to help with training, legislation, and the whole ball of wax.  It broadens our field of expertise and will certainly help with planning the type of training program that will be implemented.  The AMA and ATVA have been critical in their help and support.  They even drafted the original amendment for us!   What we are doing in Oregon is hoped to set a precedent for other states to follow.  I wish that I could put into words just how amazing this all is.  We should all be so proud!
 
I don't have the final draft with me - Tom will be sending it to me in the morning as well as Kyleen at Parks.  I can try to send it to everyone but I am not sure if my computer will be able to send that much information to everyone at once.  I'll try tomorrow but if for some reason you don't get it - please drop me a line and I will send it directly.  It will be presented to Legislative Council for the legal writing and that may take up to a couple weeks.  Then off it goes through the Senate and House.  We may need to send letters and make calls in support of this but I will let everyone know to whom and when if needed.  Please review it and let me know what you think!!  Thanks again, Lindy
 

[Dune Dude]

Okay everyone!!  We did such a good job with SB 49 the Senators and Reps are a little gun shy when it comes to ATV bills so it will make it harder to get SB 101 (the one we have participated in and amended) through.  It is almost done being rewritten and it's next step is with the same poor Senators we bombarded with opposition to SB 49.  Rather than bombard them again lets work hard to get it in the press.  Please contact your local press and let them know what our group has done and how wonderful it is when everyone can come together, roll up thier sleaves, leave the egos at the door and come up with solutions based on fact.  We are families that care and have made a difference.  I will be happy to send you whatever you may need for an interview.  WE have done this - you, me, all the moms, dads, grandmas, and grandpas...WITH Parks and Rec, ATVA, AMA, Senators and Reps, Oregon Dealers Assoc., Oregon Power Sports, local clubs and lots of other organizations and families .For the people, by the people.  Whoever would have thought it possible!!!  The average Joe can make a difference...very cool and what a great example for our kids!! It gives me the warm fuzzies and makes me feel so proud to be a part of this great democratic process!!  So, please spread the word on this wonderful collaborative effort- pass it on to all your contacts and ask them to join us in supporting Senate Bill 101!!!!  As always with friendship and gratitude,  Lindy
 
 
The main parts of this bill includes:
 
Safety training for all.  The actual program will be addressed in Oregon Statute and will be based on a rider fit program.  It hasn't been designed yet but basically adults will take an on-line course, those with ?? years of experience can "test" out.  Children will have an online portion - then will have a hands on training that must be attended with a parent, legal guardian, etc.
 
Rider fit no minimum age - (below for idea only - we will have a worksession with Parks to put together ours)  We will be the first state with no min. age and rider fit!!
 
Supervision for children under 16 years of age - "who is able to provide immediate assistance and direction to the youth operator."
 
Parks has some other amendments addressing funding, etc. but we didn't get involved with that portion of it. 
 
  What the statistics tell you is this - young children die from suffocation when an ATV flips over on them without an adult present to remove it.  For older children, at risk behavior (speeding, no helmets, operating on roadways) is the major cause of fatals.  In almost every case, supervision is key as well as helmet use,  in preventing these tragic accidents.  We hope to have a training program that effectively addresses these concerns and risks directly to a parent and also inform them of the laws and penalties, as well as rider fit guidelines, that effect this sport.  Essentially, the parents will now be held accountable for the consequences and penalties rather than the entire sport. 
 
It has been an honor as a private citizen - to have been allowed the participation in this great process.
 
Rider Fit Guideline to be established by ORS: (this is what CPSC and other states use - there may be some slight changes but this gives you a good overview)
 
Follow the Fit Guidelines. It’s important that your ATV fits you like a glove. But how do you know if you’re riding a machine that’s too big or small? Check the following rules!

Clearance between ATV seat and inseam while standing up on footpegs. To stand up and properly absorb shocks through the legs while riding on rough terrain, you have to have the right clearance between your seat and inseam. Proper clearance also keeps the seat from hitting you during a ride, possibly throwing you over the handlebars. You’ll need three to six inches clearance between the ATV seat and inseam while standing up on footpegs. (The maximum will be controlled by the reference point below.)

Upper Legs. The upper portion of your leg, from about the top of your knee to your hip, should be about horizontal. This helps you control your ATV. A little above or below horizontal shouldn’t be a problem, but huge differences (knees significantly below or above the hips) should be checked by an adult. If your knees are quite a bit above the hips, turn the handle bars in both directions and check for contact with knees or legs.

Foot Length. Check and see if you can brake correctly. Lock the heel of your right shoe against the footpeg or in the proper position on the running board. Your toe should be able to depress the footbrake with a simple downward rotation of your foot. Check if you have any contact with the engine or exhaust protrusions. You should be able to use the brakes consistently without hesitation. (The same rule applies to the ATV’s left side, where the gearshift is located.)

Grip Reach. To steer and balance correctly, sit normally on your ATV with your hands on the handlebars. Your elbows should have a distinct angle between your upper arm and forearm. If your elbows are straight out, you won’t be able to turn the handlebars. (Make sure you aren’t leaning forward to compensate for a short reach.) If your elbows are at less than right angles, you are too large for the ATV and steering and maintaining balance will be difficult.

Throttle Reach. To control your speed and handling, check your throttle reach. With your right hand in the normal operating position, check to see if your thumb can easily operate the throttle. Turn the handlebars to the extreme left and right positions. Check again for any interference with easy operation.

Brake Reach. Make sure you have good stopping control. Place your hands in the normal operating position, with fingers straight out. Check to see if the first joint (from the tip) of your middle finger extends beyond the brake lever. If not, your hand is too small to effectively grasp the lever in an emergency. Make sure your thumb also reaches the engine stop switch. Squeeze the brake lever a few times to be sure you can comfortably use the controls.

We really need everyone's help with this so please contact the Senators with your support.  If we can get 101 passed we will become the first State with Rider Fit and no minimum age.  This is very important to grow the sport as a family activity.

Chair
Senator Rick Metsger
Party: D District:26
Capitol Phone: 503-986-1726
Interim Phone: 503-668-4378
Capitol Address: 900 Court St. NE, S-307, Salem, Or. 97301
Email: sen.rickmetsger@state.or.us

Vice Chair
Senator Bruce Starr
Party R District: 15
Capitol Phone: 503-986-1715
Interim Phone: 503-649-4391
Email: sen.brucestarr@state.or.us

Senator Ryan Deckert
Party: D District:14
Capitol Phone: 503-986-1714
Interim Phone: 503-986-1714
Email: sen.ryandeckert@state.or.uc

Senator Larry George
Party: R District: 13
Capitol Phone: 503-986-1713
Email: sen.larrygeorge@state.or.us

Senator Laurie Monnes Anderson
Party: D District: 25
Capitol Phone 503-986-1725
Interim Phone: 503-618-3071
Email: sen.lauriemonnesanderson@state.or.us

Posted on: April 16, 2007, 03:30:17 PMSB 101 has made it out the Work Shop Session and will have a hearing in the next week or so.  Safekids was in support of the legislation and wants to have a working relationship with us in the future.  We will need Senators and Congressman to be contacted in support, as the Bill moves to the floor in both Houses.

[Quad daddy]

Rumor has it, 49 is dead, the helmet law is dead, the title law is dead, and the 2 people on one quad law is dead.
101 is moving forward with rider fit guidelines. They only have 30 days left to go, so things should start happening quick.

[Sandflicker]

If you haven't already done so you would want to send a short letter in favor of 101 to Lindy.

[Quad daddy]

I already sent a letter to Devlin last week, nobody was putting anything on the board so I thought I would

[Sandflicker]

Great hope is that this (acceptable) bill will be law - mostly so that we will not be handed laws that are totally not reasonable.

[Dune Dude]

SB 101 passed the Senate yesterday 20-9.  We still need you to send in letters of support to Senator Devlin as the Bill moves to the House.  They have only received a handful at this time.  I have sent one from T.I. in support of the Bill.

Contact info for Senator Richard Devlin

Sen. Richard Devlin (D)
District: 019
900 Court Street NE
Suite S-316
Salem OR, 97301-4073
Phone: (503) 986-1719
Fax: (503) 986-1987
Email: sen.richarddevlin@state.or.us


State Representative

[rmz450#969]

I can't believe you support this bill. We as a group the Southern Oregon Dirt Riders do not , and are in the process of getting a lawsuit filed against it. I thought you guys came together well to help stop sb49 but now it looks like you guys are rolling over. Here are some of our problems with it, 1 age limit, 2 permits (it already cost enough we do not need to line the govs pockets also) 3 it hurts the sport (racing) aspect of ohv use 4 we have enough laws that they can't regulate now. and we have other problems with it also.

[Towman 1]

It sounds like to me that you don't ride the sand at all. If you did you would understand why we need this bill. To keep LITTLE kids off the big quads. If we don't succeed in passing this bill then we all are going to loose in the end. Just to many kids getting hurt riding big bikes.  I rode in the sand just today and almost got into an accident with a little kid riding a 400 ex. And this was in the Half Moon Bay campground. Stupid little kid did miss me and ran between a tree and the brush. I almost went and caught him and bent him over my knee and give him some old fashioned dicipline.

We need this bill.

[RTOYZ]

I can't believe you support this bill. We as a group the Southern Oregon Dirt Riders do not , and are in the process of getting a lawsuit filed against it. I thought you guys came together well to help stop sb49 but now it looks like you guys are rolling over. Here are some of our problems with it, 1 age limit, 2 permits (it already cost enough we do not need to line the govs pockets also) 3 it hurts the sport (racing) aspect of ohv use 4 we have enough laws that they can't regulate now. and we have other problems with it also.

As what group of Southern Oregon Dirt bike riders are you? From speaking with the President and Vice President of the MRA, They are in support of it with us. This is not something that we are really happy about, but rather a better situation than was proposed to us to begin with. This is what we all can live with as a whole.

[Dune Dude]

rmz450#969,

I'm not sure why your group is trying to file a lawsuit against something that is not a law yet?  SB 101 has been changed from Park's original Bill.  I am not sure what age limit you are referring to either?  If you are a Class III rider are you having issues with supervision changing from under age 12 to under age 16?  This was a compromise that is really not a compromise.  Everyone I have talked with that rides Class I or Class III rides with their children.  If you are talking about racing events, hare scrambles or poker runs, these are supervised events.  You do not let kids that are  8, 12, or 15 race 5 mile loops without corner workers for caution flags, other riders to assist in a accident or sweep riders.  The AMA and ATVA would not sanction your event or your club if this is the way the events are set up. 
Permit fees could be a maximum of $5 and the permit is good for life.  Plus, safety training for the kids would be paid for by the Parks Dept. with a maximum fee of $5 which may or may not be charged.  Again, this permit for the kids is for life.
This Bill is also, only for Public Lands or Lands that were paid for with the help of OHV monies.  Private land you can do as you feel is appropriate. 
The AMA and ATVA are in full support of this Bill.  We have posted the amendments and have asked for involvement of all OHV riders since the middle of March 2007.  We have also, committed to working with Parks in assisting Class III riders with getting the 7 years old minimum age removed from the law at the next legislative session. 
This Bill is a win-win.  Riding OHV's is a family activity.  We already ride with our children and help them develop skills to become better riders.  So this Bill requires nothing extra from us.  Sanctioned club events are supervised for everyone that participates for their safety.  If Parks decides to charge the $5 for the operator permit, this  is cheaper than 2 gallons of gas.

We at T.I. appreciate all input and arguments for every ones point of view.  Please feel free to respond if I did not answer all of your concerns or if I am missing your point.

Thanks for your concerns.

[Lindylee]

In response to the comments from rmz450 representing the Southern Oregon Dirt Bike riders.....

One of the arguments made by a Senator during the vote was "they have a gun to their heads and this is a better option". We have no gun, we were not forced.  We wanted to work together with Parks and anyone else that was willing - anyone.  We can't just stick our heads in the sand and continue down the same unsuccessful path - we are losing.  We are losing riding areas and our right to ride.  If we can't come together without all the little stabs here and there from within our own group how can anyone expect our future to be anything less than one continual battle after another?  How can we argue supervision of our children, safety training that involves the clubs and each of us, or rider fit with NO minimum age  (Yes the MC guys have a min. age of seven and have had for years (you should know this) - hopefully we can change that next session).... So is it the $5.00 because I have to tell you that is way petty.  $5.00 will just cover the cost of printing and sending a permit card.  If you have over five years and over 16yrs. of age,  you don't even have to take the course, you can test out.  The card is for life!!  Hands on will only be for kids - online for adults.   Is it the supervision??  Well, if that is the case I for one can tell you when a child is killed or injured because you didn't properly supervise them - I want you cited, not my family sport held responsible.  Remember, family sport = supervision.  So is it rider fit?  Rider fit is all about keeping the kids from riding bikes that are WAY too big or small for them....it is a safety issue.  My question then to you is this....why is there a problem with the amendments to SB101?  Aren't these things you already do with your family?  Unlike SB49, this bill won't prevent families from riding together.  It doesn't keep kids off bikes - doesn't even put a stop to events as long as they are supervised.  Over a month ago we begged for input - where were you then?  Where will you be if SB 101 doesn't make it through and we have another really nasty bill to deal with again in a few years??  And the bigger question of all is what chance do we stand if we can't stand united??   Whatever happened to working together and supporting one another??  To be a part of the solution means giving your input in a positive and timely manner - being a part of the problem is to come in a day late, half-cocked, stirring the pot, threatening, and unwilling to give your own team the benefit of cooporation.  We are not " rolling over" - we are taking a reasonable responsible proactive approach at preserving this sport for all of us.  You can stand alone with your group, or become part of the solution...your choice...You are welcome if you so choose.  This is a great bill with a tremendous amount of support and it would be a shame to have it compromised.  Lindy

[Towman 1]

God, that was well spoken.  Thank you so much for your help on this bill.  I don't want anymore rules and regulations, but when it comes to safety for the little ones and still lets them enjoy our sport, this bill is a must .

Thank you Lindylee for your work.

[rmz450#969]

The problem is not "stupid little kid" its that kids parents. why didn't you follow that kid back to his parents and have it out with them? With racing we have age limits and skill levels. The conflict with rider fit is at the starting gate we have many kids that have to use blocks to reach the ground because of the skill level they are at. I can see where rider fit could benefit the quads as anyone at any ability can ride one as there is not much skill required ."That's not intended as a slam".  So infact we are comparing apples to oranges. It infact is not a one size fits all problem . I agree somthing needs to be done but but we cannot treat all ohv's the same. From the handful of times I have rode at the coast the bigger problem is the drinking and drunk riding not kids. Do you really think that legislating common sense is going to keep these parents from letting these kids do whatever they want? We elect these people to protect our rights and way of life not take it away. Just last weekend at the May day poker run at John's Peak the youngest participant was 4 . Should she have been banned from riding? At our race track we have a peewee class that is 4-6 on 50cc machines these kids should have just the same right to race as anyone else. I think we should lead by example not by fear of everyting being taken . I hear everyone bitching about all the closures do to sound, but how many people are compliant?I know people who ride the coast all the time and go from dune to dune running from the sound guy. It is a harder road to take but but we have lost too much already and if we let them take anymore it just makes it easier for them the next time.

[Quad daddy]

rmz, if you were more involved in all this you would know that the OMRA is addressing the issue for all racing, poker runs etc. the rider fit guide lines have been looked at by several of the 2 wheeled riders out there and they have things worded in a way that will work. "I know this information was hand delivered to the Senate". In short you have your undies in a bunch for no reason. If you have a real question you would like to ask, go to the OMRA site and ask Ed the president of OMRA he is all over this or send me a PM and I will do my best. What I have read in your last post has all been addressed....