17 minute read
YOUR RIGHT TO REPAIR: SAFE OR IN JEOPARDY?
News, notes, insight and more from the motorcycling universe
Your Right to Repair: Safe, or in Jeopardy?
Motorcyclists should be able to repair their own motorcycles, but that right is at risk
BY MICHAEL SAYRE
You may recall the recent news that the Federal Trade Commission took action against HarleyDavidson for illegally restricting customers’ right to repair their Harley-Davidson motorcycles. In the case, the FTC charged that Harley’s warranties included terms that would void the warranty if a customer used a non-Harley repair shop or parts on their motorcycle. The FTC ordered Harley to remove those terms from their warranties and inform customers that they have the right to use nonHarley parts and mechanics to repair their own motorcycles without the threat of a voided warranty.
This follows an active couple of years on the part of the FTC after it issued a report titled “Nixing the Fix,” which detailed the many ways consumers have had their ability to repair products they own restricted by the manufacturers of those products. Everything from your phone, your tractor, and even your motorcycle was impacted by this issue, which is often referred to as “Right to Repair.”
Put in the simplest terms, Right to
Repair is the concept that when you buy something you have the right to repair it or seek an independent repair shop to do the work. And as part of that, the manufacturers must make the parts and information needed for these repairs available to the public for a fair and reasonable price.
Since the AMA represents motorcyclists, the consumers of the motorcycle industry, the position we must take is clear: motorcyclists have the right to repair their own motorcycles as well as the right to seek out an independent shop to make those repairs and have access to the parts and information needed to make those repairs.
If, like me, you recently purchased a new motorcycle, you may have noticed your owner’s manual includes some version of the phrase, “always have this maintenance work completed by an authorized dealer” more often than it did in the past. It’s a good bet that manual doesn’t include as much detailed information needed for basic jobs, either. For that you’d need a model-specific service manual, which isn’t included with the bike and costs extra. My manual, for instance, gives me the spec for chain slack and the procedure to adjust it, but follows that information with the “authorized dealer” phrase.
If you have a more modern bike with what is basically a small tablet for a dash, you may have learned that the service reminder light telling you to change your oil, something you can absolutely do yourself, cannot be turned off unless you visit an authorized dealer. Maybe you’re lucky and your dealer will just turn off the light for you, but just as likely you’re not so lucky…and you’ll have to pay for the privilege. Choices like this are irritating to most riders, and if you don’t have an authorized dealer nearby, even more so.
What about a more serious issue, like what happened to a colleague of mine on their way back from an event. Their bike stalled, displayed some traction control and other electronics errors, only to stall a few more times before they found a family with a truck to get them home. Once home the errors had disappeared, and a thorough physical examination of the bike gave no further clues. When they decided to try to access the bike’s computer to pull whatever error codes might remain, they discovered the computer was locked to anyone but an authorized dealer. Maybe they wouldn’t have been able to fix or fully diagnose the problem even if they had access to the error codes, but they would have been better prepared when they took it to a mechanic and wouldn’t be limited to only authorized dealers. between auto-industry and repairindustry groups that would apply that state law throughout the country, which now covers almost every car and truck from 2002 on. The agreement has largely worked, and while some automakers are more open than others, by and large your local shop can get what they need to fix your car without much issue.
Still, there is a solid reason we’re discussing this here, as that law and subsequent agreement does not include motorcycles, or any other consumer product you may own. The good news, though, is that this might be changing, and you can help make that change happen. Dozens of states have introduced their own Right to Repair legislation
Being able to use a local independent repair shop when an authorized dealer might be a few hours ride away is an asset to the rider, and it’s a benefit to the manufacturer, as well. How much more likely are you to buy a bike that you know can be serviced at your favorite shop over one that requires you to visit an authorized dealer that’s much further away?
You might be wondering about how Right to Repair applies to your car or truck, and on that front you’re covered. Legislation from Massachusetts in 2012 required automakers to make the diagnostic and repair tools, including the computerized tools needed for modern cars, available to independent mechanics just as they do to their own dealers, and ensured that those tools and information were sold for “fair and reasonable” prices. That law spurred the creation of a memorandum of understanding that would apply the same rules that currently apply to cars to all consumer products, including on- and off-road motorcycles. There is even federal legislation, H.R. 6570, the Right to Equitable and Professional Auto Industry Repair Act, or just the REPAIR Act, that would take similar rules from the Massachusetts Right to Repair law and subsequent industry agreement and make them federal law, as well as apply them to all motor vehicles, including motorcycles.
The AMA supports the REPAIR Act and similar state legislation and encourages all motorcyclists to tell their elected officials to support this legislation. You can use the AMA’s Action Center at AmericanMotorcyclist.com/actioncenter/ to send a message to your Representative in support of the REPAIR Act and sign up for alerts to act on legislation in your own state.
Michael Sayre is the AMA’s Director of Government Relations
up to speed
Tesla Autopilot Kills Motorcyclist, Sparks Investigation
BY KALI KOTOSKI
The National Highway Traffic Safety Administration (NHTSA) on July 26 opened a special investigation into a crash in which a Tesla with its Autopilot system engaged hit and killed a motorcyclist in Utah.
The crash happened when the Tesla collided with the back of the motorcycle as it traveled in a high occupancy lane on I-15 near Draper, Utah, at 1:09 a.m. The 34-year-old motorcyclist was thrown from his Harley-Davidson, suffered fatal injuries, and was pronounced dead on the scene.
The driver of the Tesla, who remained on the scene, told police the vehicle’s Autopilot system — the company’s driver assistance system that has come under increased scrutiny amidst safety concerns — was engaged at the time of the collision.
Since 2016, NHTSA has opened 38 special investigations of crashes involving Tesla vehicles using Autopilot. Including the fatal Utah crash, 19 crash deaths have been reported in those Tesla-related investigations.
“The driver advised he had the Autopilot setting on, and [he] did not see the motorcyclist,” the Utah Department of Public Safety said.
The latest crash follows a fatal Tesla incident on July 7, when a 2021 Tesla Model Y killed a 48-year-old motorcyclist on the Riverside Freeway in California. A special investigation by NHSTA has been opened in that crash, as well.
In June, NHTSA upgraded its defect investigation into 830,000 Tesla vehicles with Autopilot, a required step if the agency is going to seek a recall.
More recently, the California Department of Motor Vehicles on July 28, accused Tesla of deceptive marketing practices concerning the company’s driver assistance systems, a move that in a worst-case scenario could temporarily suspend Tesla’s ability to sell or market vehicles in California.
The accusation, filed with California’s Office of Administrative Hearings, claims that Tesla’s marketing language around Autopilot and Full Self-Driving systems grossly overestimates the capabilities of the technology to the public’s detriment.
The DMV is requesting that Tesla would be required to better educate consumers and include cautionary warnings regarding the limitations to a vehicle’s features.
For $15,000 up-front, or on a subscription basis for $199 per month, a program called FSD Beta (or Full Self Driving Beta) allows drivers to test unfinished driver-assistance features on public roads in the U.S. The company said it has more than 100,000 drivers participating with the FDS Beta program.
Tesla has fifteen days to respond to the DMV’s accusations before the administrative court. Otherwise, the DMV will take a default decision that could revoke the company’s ability to operate in California.
AMA Motorcycle Hall of Fame Class of 2022
BY JOY BURGESS
Each year the AMA honors motorcycling’s most significant and accomplished individuals in a special AMA Motorcycle Hall of Fame Induction Ceremony. After tallying all the votes, the AMA Motorcycle Hall of Fame Class of 2022 is comprised of Kenny Coolbeth, Greg Hancock, Effie Hotchkiss, Sandy Kosman, Ben Spies and James Stewart.
“The Class of 2022 includes men and women who have excelled in competition, engineering, design, motorcycle adventure and more,” said AMA President and CEO Rob Dingman. “Some are champions in many of our premier racing disciplines — motocross, road racing, dirt track and speedway — while others excelled in limit-expanding adventures, or helping riders and teams reach their on-track potential. We are honored to recognize these motorcycling greats this Oct. 28 at the
AMA Motorcycle Hall of Fame.” The AMA Motorcycle Hall of Fame Induction Ceremony will take place on Oct. 28, in Pickerington, Ohio. A special cocktail reception will take place in the AMA Motorcycle Hall of Fame, followed by dinner and the induction ceremony at the nearby Violet Township Event Center. On Saturday there will be a brunch, Open House, Class of 2022 exhibit installation and autograph session at the Hall of Fame Museum, located on the AMA campus.
Want the chance to mingle with some of motorcycling’s legends and industry leaders? Tickets are available for both the 2022 AMA Motorcycle Hall of Fame Induction Ceremony and the Saturday brunch. Visit https://services. americanmotorcyclist.com/hofreg/ to purchase tickets.
up to speed
RIGHTS
Roundup
What’s trending in government relations and legislative affairs
BY KALI KOTOSKI
New York City Moves Ahead with Congestion Pricing Plan
It appears the clock is running out for public input on a
controversial congestion pricing
plan that will likely toll all motorists entering lower Manhattan. Details are still being hammered out, but it appears an exception for motorcyclists is looking increasingly grim.
New York State lawmakers approved the development of a congestion pricing plan in 2019, which would be the first in the United States. It aims to discourage vehicles from squeezing into Manhattan’s dense commercial district while encouraging the use of public transit. The monies from tolls would go to public transit improvements.
Despite delays, the program is nearing final approval from New York’s Metropolitan Transportation Authority (MTA). It could be implemented in late 2023 or early 2024, as a long-awaited Environmental Assessment of the program was published in August.
The Environmental Assessment outlines numerous paths forward for the program. Still, in every scenario, motorcycles are not exempt from paying tolls and are lumped into the same category as cars and commercial vans. The release of the Environmental Assessment signals the closing of public input of the plan.
The AMA opposes tolling motorcycles, especially as they’ve been shown to reduce congestion in major metropolises, something recognized in other cities that have implemented a congestion pricing plan, such as London and Stockholm, both of which exempt motorcycles. The AMA believes that motorcycles should receive a 100 percent exemption.
In another sign that the plan is nearing approval, New York City Mayor Eric Adams filled a mayor-appointed vacancy on the Traffic Mobility Review Board (TMRB) in August. The TMRB is the actual body that will set the toll rates considered by the MTA.
“The AMA believes motorcycling is a part of the solution to congestion and should be exempt from the program,” said AMA On-Highway Government Relations Manager Tiffany Cipoletti. “We are also concerned that NYC failing to provide the exemption would set a bad precedent for other American cities that may consider similar plans.”
To Protect Against Rising Theft, Check Your Insurance
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The AMA’s Government Relations Department has been receiving reports from members that insurance companies are
not paying out motorcycle theft
claims due to a lack of paperwork and unannounced policy changes.
In 2021, motorcycle thefts were up 26 percent compared to 2020, and in 2020 they were up 30 percent compared to the previous year, according to National Insurance Crime Bureau data.
The AMA reminds members to double-check their coverage to ensure they have the paperwork needed to file a claim in the event of a theft.
By ensuring you have all the required documents, you could spare yourself from falling victim to some of the recent reports, including a theft claim being denied when the owner of a dirt bike failed to produce a title. Unfortunately, that same policy, in 2021, did not legally stipulate in writing that a title was needed to file a claim. Other potential problems can arise from certain states not requiring registration when insurance companies do.
Call your agent today, ask what documents are needed to file a theft claim, and get it in writing. If the agent won’t tell you or you find out they will require some documentation you cannot provide, find a different insurance company.
The AMA’s Government Relations Department is in contact with the Attorney General’s office in every state. We are urging them to ensure insurance companies are not selling coverage that cannot be honored, that coverage requirements are transparent, and that any changes are made clear.
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Riding ROUNDUP
The Last Hurrah
Owyhee Motorcycle Club strives to protect its longstanding history
The Owyhee Motorcycle Club (OMC) has quite a storied history — one that has impacted legendary riders and the Northwest region as whole — and yet its future is not certain.
OMC, a 501(c)(4) nonprofit, is located on 80 acres near Boise, Idaho, and its over-80-year history makes it the longest-running motorcycle club in Idaho and the first to charter with the AMA. Throughout its history of helping off-road racing develop and grow in the area, OMC has hosted several significant events including Idaho State Championships, Northwest Tourist Trophy races and a 1972 Inter-Am motocross event where AMA Motorcycle Hall of Famer Gary Jones became the first American to claim an overall win in an international motocross held Stateside.
Hosting motocross events, hare scrambles and trials, OMC has had many legendary riders roll through and compete on its grounds, including AMA Hall of Famers Bob Hannah, Roger DeCoster, Joel Robert, Mert Lawwill and Ryan Villopoto.
Michelle Webb, Public Relations and Advertising Coordinator, said it is the very history of OMC that continues to draw so many people back to Boise. “I literally have seen this place bring grown men to tears when they think about the history they have, their families, and the events that have taken place there,” Webb said. “OMC is hugely significant to the Northwest region of the country. It was instrumental in bringing different types of riding and racing to this region.”
Despite OMC’s deep roots in the area and popularity throughout the motorcycling community, its future is not guaranteed. Required to complete some extensive and costly erosion-prevention work on the land the club calls home, OMC is trying fund the treatment and move on to a brighter future.
“It’s going to ultimately be positive for the club and benefit the grounds, but the second phase is extraordinarily expensive for the club, particularly a nonprofit club,” Webb said. “We did launch a sweepstakes to start gathering the funds for that, because if we don’t get this work done, then the club will go bankrupt, more than likely, and be gone. It’s kind of a last hurrah to save this historic club.”
Hoping to prevent a scenario where it would have to give up the land, OMC has launched a bike giveaway fundraiser for a 2022 Husqvarna FE501 customized as an OMC Edition.
Those interested in participating in the giveaway can visit omcracing.com and check out the announcements area on the home page. The fundraiser ends Nov. 12.
—Keaton Maisano
Racing ROUNDUP
WHAT’S WHAT IN THE WORLD OF AMA RACING COMPETITION
PHOTOS: MICHAEL VIZER
Other riders awarded at AMA Amateur National Motocross Championship
The 2022 season had been anything but easy for Caden Braswell heading into August.
The Shalimar, Fla., native dealt with plenty of adversity and small injuries prior to arriving at Loretta Lynn’s Ranch in Hurricane Mills, Tenn., for the 2022 AMA Amateur National Motocross Championship, but the struggles did not discourage Braswell who accomplished a dream of his by taking home the Nicky Hayden AMA Motocross Horizon Award.
“I was speechless. It was a very big honor, and I’ve dreamed about it ever since the first time I went to Loretta’s,” Braswell said. “I can’t tell whether I’ve made it to where I’m hopefully inspiring all the little guys, or I’m just getting started and can’t wait for what’s next.”
The GASGAS Amateur Team rider had 3-2-1 moto finishes in the 250 Pro Sport class to claim the top spot, while his 7-1-2 resume in the Open Pro Sport was good for second overall.
“A lot of downhill this year,” Braswell said, “so to have that kind of mountain peak, find that end of the rainbow, it was beautiful.”
Elsewhere at the event, which ran Aug. 1-6, Yamaha rider Avery Long of New London, Minn., was named AMA Amateur Motocross Racer of the Year after earning AMA No. 1 plates in the 450 B and 450 B Limited classes.
Husqvarna rider Casey Cochran earned the title of AMA Youth Motocross Racer of the Year. The Clermont, Fla., native took first in four of six motos enroute to AMA No. 1 plates in the 125 Jr. (12-17) B/C and Schoolboy 1 (12-17) B/C classes.
The AMA Senior Motocross Rider of the Year went to KTM rider Mike Brown, who claimed AMA No. 1 plates in the Senior (40+) class and the Masters (50+) class without losing a single moto.
