American Motorcyclist 07 2013 Dirt Version (preview)

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Garner located and rebuilt for us. Thank you so much, Stephen, for everything you do for this sport and for our family. My point in sharing my personal story is this: If you or your child wants to get involved in the sport of motocross, and you are not sure about the adventure, take it from a single mom who wasn’t thrilled to begin this journey. Not only is it an enjoyable experience to see your child living his dream, but the people you will meet in motocross are some of the coolest people you will ever meet. Thank you, AMA, and motocross people we have met along the way. You have made a difference for this single mom and her young motocross racing son’s life. Blessings and happy riding to all. Sandi Bernard Fulton, Mo. Red Light WoRRy In the May 2013 Statewatch section, you note, under Kansas: House Bill 2318, offered by the House Transportation Committee, would authorize the use of FMVSS-compliant motorcycle headlamp modulation systems and permit

the addition and use of body or wheel lamps of any color visible from the sides of the motorcycle but not the front or rear. Never mind the “body or wheel lamps” for now. What confuses me is the discussion in this state bill, of authorizing what is already authorized. Please correct me if I’m wrong, but doesn’t Federal Motor Vehicle Safety Standards (FMVSS) 108 (49 CFR Part 571.108 S7.9.4) already mandate that all states permit the use of such compliant headlight modulators? While I don’t have a headlight modulator on my current bike, I did install one on a prior bike. I kept a copy of the relevant federal code in a saddlebag because I would occasionally get stopped by law enforcement for having a (commercially manufactured) modulated headlight. It has been my experience that there is confusion among all stakeholders regarding the legality of modulators. This proposal in Kansas only adds to that. If I’m correct in my interpretation, I think the AMA should be more aggressive in educating lawmakers in Kansas. And elsewhere. Bill Pollack Niskayuna, N.Y.

You are correct, Bill. The FMVSS in 49 CFR Part 571.108 S7.9.4 permits the use of compliant motorcycle headlamp modulators in all 50 states. Many law enforcements officers are not familiar with equipment standards for motorcycles, let alone an aftermarket product such as a (compliant) headlamp modulator. It gets worse when you introduce a federal regulation, which preempts state law to the contrary. We receive numerous complaints from motorcyclists regarding citations for “a flashing lamp on an unauthorized vehicle.” Most states have statute or code provisions that restrict “flashing lamps” to emergency vehicles and other authorized users. State statutes authorizing modulators are an effort to reduce unnecessary road stops. At last check, Arizona, California, Illinois, Michigan, Montana, Oklahoma, Oregon, Virginia and Wisconsin specifically permitted compliant modulator use. That’s good advice to carry a copy of the federal regulation, but a law enforcement officer doesn’t have to consider it. According to more than one member, when they tried to reference the paperwork, they were told to “save it for the judge.”


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