up to speed RIGHTS Roundup

What’s trending in government relations and legislative affairs

BY AMA GOV. RELATIONS TEAM

NEW YEAR, NEW LEGISLATION

The new year brought a flood of new legislation from every state, and the AMA’s Government Relations Department has already been hard at work reviewing hundreds of bills introduced all over the country. Here’s just a small sample of some of the most important bills the AMA has identified at press time.

Lane-filtering legislation is once again under consideration in several states, including Washington (HB 1063 and SB 5041), Oregon (SB 422) and Virginia (HB 2127). Each of these bills would allow motorcyclists to filter through slowed or stopped traffic.

Montana’s LC 1511 would increase the fines associated with not following trail-pass laws and would revise codes to deposit half of the fines into the summer motorized recreation trail account, instead of depositing the entirety of the fine into the Montana general fund.

Virginia’s HB 1772 would allow governing bodies of counties, cities and towns to create local ordinances to allow for the seizure, impounding, and disposition of off-road machines used on public roads or private property without the approval of the landowner. The AMA does not endorse off-road vehicle use on-road except in specific instances of trail connectivity, but this law unjustly singles out off-road motorcyclists, as similar laws do not apply to other road user groups.

Also in Virginia, SB 982 aims to expand the state’s existing moveover law to include any motor vehicle (including motorcycles) that is stationary on the side of the road with their hazard lights activated. The legislation already passed the Senate and is expected to be sent over to the House for their consideration.

Washington’s HB 1171 would increase the membership of the existing Motorcycle Safety Education Advisory Board from 5 to 7, and reserve those two additional seats for motorcycle safety instructors. It would also require all members of the board to hold a current two- or threewheeled endorsement and clarify that the two-year terms would continue indefinitely until such time as a successor is appointed.

West Virginia’s SB 229 will strengthen landowner liability laws as they relate to recreation, including motorized recreation. As offroad motorcycle sales continue to grow, protecting riding rights on private property and shielding landowners from legal battles continues to be a major issue around the country.

All of these bills and many more are listed on the AMA’s website at

AmericanMotorcyclist.com/bill-tracking, where you can review the good, the bad, and the ugly by state and category to see what legislation might impact your right to ride. Find something you want to work on? Contact the Government Relations Department at grassroots@ama-cycle.org!

COMPROMISED DISTRACTED-DRIVING LAW SIGNED IN OHIO

Governor Mike DeWine has signed Senate Bill 288, which strengthens laws in Ohio related to the use of cell phones and other electronic devices while driving. The bill designates the use of cell phones and other electronic communications devices while driving as a primary traffic offense for all drivers, and allows law enforcement to immediately pull over a distracted driver upon witnessing a violation.

Previously, distracted driving was considered a primary offense only for juvenile drivers, which prevented officers from stopping adult distracted drivers unless those drivers also committed a separate primary traffic violation, such as speeding or running a red light.

However, the bill was amended to include exceptions that should concern motorcyclists. The law allows drivers to hold a phone to their ear during a call while driving and allows drivers to hold their phone while stopped at a red light. These exceptions put motorcyclists and other road users at risk, and the AMA — along with a broad coalition fighting for stronger distracted driving laws — will work to close these loopholes.

More Partially Automated Vehicles On The Road

In January, the Nevada Department of Motor Vehicles approved Mercedes-Benz’s application to deploy new partially automated driving features in the state after the automaker completed a self-certification. The feature, called DRIVE PILOT, allows a driver to take their some driving tasks but is designed to allow the driver to stop paying attention to the road as long as they are able to retake control if needed.

In promotional material describing the feature, Mercedes wrote that the system “gives customers back time so they can focus on certain secondary activities such as communicating with colleagues via In-Car Office, browsing the web or relaxing while watching a movie.”

Nevada’s DMV does not issue any permit or license based on an automated vehicle’s level of automation and allows all levels, up to SAE level 6, to operate on public streets. Instead, Mercedes self-certified that their system meets Nevada’s “minimal risk condition” required for SAE hands off the wheel but requires the driver to retake control if the system encounters a complicated situation on the road.

Unlike features from other manufacturers, such as Tesla’s Autopilot or General Motors’ Super Cruise — which are classified as a SAE Level 2 automated driving system that can handle some driving tasks but require the driver’s attention at all times — the Mercedes DRIVE PILOT system is rated as SAE Level 3, which can handle

Level 3 and higher, which essentially means that a level 3 or higher vehicle will be able to bring itself to a stop if there is a malfunction in the system.

This news highlights the lack of regulation of automated and partially automated vehicles across the country. The AMA continues to advocate for regulations that require new automotive technology to prove that it can safely interact with motorcyclists on the road before being operated on public roads or sold to consumers.