2021 CBA/ABATE of NC Motorcycle Lobby Day Attendees: Ruth Boone, Charlie Boone, Tyler Stiles, Joe Ferguson, Cat Terwilliger, Derrick Hall, Cari LaDrew, Maggie Terwilliger, Lynne Johnson & Billie-Jo Page. Not pictured: Shannon Rights
Updates will regularly be sent out through email, CBA Facebook page and other media to keep you informed of the progress of all of these legislative issues. Please pay heed to these updates and respond with emails and phone calls to your legislators when asked to do so. Be involved. Even if you are not interested in politics, politics is interested in you and political actions affect you in many ways every day.
2019 RECENT ACCOMPLISHMENTS
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019
SESSION LAW 2019-115 HOUSE BILL 257
AN ACT TO PERMIT THE USE OF A FACE MASK WHILE OPERATING A MOTORCYCLE.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14-12.11 reads as rewritten: "§ 14-12.11. Exemptions from provisions of Article. (a) The following are exempted from the provisions of G.S. 14-12.7, 14-12.8, 14-12.9, 14-12.10 and 14-12.14: (1) Any person or persons wearing traditional holiday costumes in season; (2) Any person or persons engaged in trades and employment where a mask is worn for the purpose of ensuring the physical safety of the wearer, or because of the nature of the occupation, trade or profession; (3) Any person or persons using masks in theatrical productions including use in Mardi Gras celebrations and masquerade balls; (4) Persons wearing gas masks prescribed in civil defense drills and exercises or emergencies; and (5) Any person or persons, as members or members elect of a society, order or organization, engaged in any parade, ritual, initiation, ceremony, celebration or requirement of such society, order or organization, and wearing or using any manner of costume, paraphernalia, disguise, facial makeup, hood, implement or device, whether the identity of such person or persons is concealed or not, on any public or private street, road, way or property, or in any public or private building, provided permission shall have been first obtained therefor by a representative of such society, order or organization from the governing body of the municipality in which the same takes place, or, if not in a municipality, from the board of county commissioners of the county in which the same takes place. Provided, that the provisions of this Article shall not apply to any preliminary meetings held in good faith for the purpose of organizing, promoting or forming a labor union or a local organization or subdivision of any labor union nor shall the provisions of this Article apply to any meetings held by a labor union or organization already organized, operating and functioning and holding meetings for the purpose of transacting and carrying out functions, pursuits and affairs expressly pertaining to such labor union. (b) Notwithstanding G.S. 14-12.7 and G.S. 14-12.8, a person may wear a mask for the purpose of protecting the person's head, face, or head and face, when operating a motorcycle, as defined in G.S. 20-4.01. A person wearing a mask when operating a motorcycle shall remove the mask during a traffic stop, including at a checkpoint or roadblock under G.S. 20-16.3A, or when approached by a law enforcement officer."
Page 2 Session Law 2019-115 House Bill 257
SECTION 2. This act is effective December 1, 2019, and applies to offenses committed on or after that date. In the General Assembly read three times and ratified this the 28th day of June, 2019.
MOTORCYCLE BILLS IN THE NC LEGISLATURE
TO FOLLOW THE PROGRESS OF MOTORCYCLE BILLS WE HAVE INTRODUCED OR SUPPORT
, GO TO ncleg.net AND TYPE IN THE BILL #
Current Legislative Agenda:
CBA/ABATE of NC maintains a constant presence in the General Assembly (1) to protect bikers from the politicians and bureaucrats who try to impose well-meant but ill-advised, unnecessary new restrictions on people who ride motorcycles and (2) to advance the interests of the motorcycling public through the introduction of legislation and participation in the legislative process.
- Right-of-Way Protection for Motorcyclists: CBA/ABATE of NC racked up a major victory in the 2011 Session with the enactment of House Bill 113 (SL2011-361), a bill that significantly increases the penalties for crowding a motorcyclist out of his/her lane or causing injury to the motorcyclist. This bill was introduced at the request of and was actively supported by CBA/ABATE.
- No More Motorcycle-Only Checkpoints: CBA/ABATE scored another major victory with the enactment of House Bill 381 (SL2011-216), legislation that prevents law enforcement agencies from establishing patterns for vehicle stops at checking stations based on a particular type of vehicle. This bill was actively supported by CBA/ABATE of NC and is a major victory in the battle to protect motorcyclists from discriminatory profiling by law enforcement agencies.
- More Protection from Drunk Drivers: CBA/ABATE successfully supported the enactment of two bills that provide motorcyclists with more protection against drunk drivers. Senate Bill 16, enacted as SL2011-16, expanding the authority of law enforcement officers to acquire blood samples any person criminally charged in any case involving death by vehicle that is alcohol related. The second bill - House Bill 49, enacted as SL2011-191 - mandates active jail time for DWI offenders with three or more grossly aggravating factors and provides for enhanced monetary penalties and permanent revocation of the convicted person's drivers license.
- Expansion of Motorcycle Safety Awareness Training - At the request of CBA/ABATE of NC, House Bill 200, enacted as SL2011-145, included a provision that requires drivers education instruction to include at least one hour of motorcycle safety awareness.
- Helmet Exemption for ATV Users: CBA/ABATE of NC successfully supported H 407, enacted as SL2011-68 - providing that persons who are 18 years of age or older operating an ATV off a public street or highway and those who are at least 16 years of age operating an ATV on the beach need not wear a helmet meeting USDOT motorcycle helmet standards.
- Enhanced Motorcycle Awareness - CBA/ABATE successfully supported the use of DOT electronic message signs to deliver motorcycle awareness messages.
In the Crosshairs:
- Motorcycle Awareness Month - Fully 72 percent of motor vehicle accidents in North Carolina involving an automobile and a motorcycle are the fault of the automobile drivers. Legislation authored and actively supported by CBA/ABATE of NC designating the month of May as Motorcycle Awareness Month has passed the House without opposition in previous years. CBA/ABATE of NC will seek a proclamation through the Governor’s Highway Safety Program (GHSP)
- Continued Funding for Drivers Education: Drivers education is critical to ensuring the safety of young drivers and of the motoring public. NC CBA/ABATE works with drivers education providers to ensure that new drivers are more defensive and aware of other traffic on the road. CBA/ABATE of NC will actively support continued and increased funding for the State’s driver education program.
- SUPPORT Uniform Apportionment of Tort Liability - Under the common law theory of contributory negligence, if two people are in an accident, the injured person can only recover for his/her injuries and damages if they did not contribute to the accident in any way. North Carolina is one of just four states where the pure contributory negligence system is still used. In the comparative negligence system in place in 46 states, the injured party may recover some of his or her damages even if he or she was partially to blame for causing the accident. Contributory negligence is outdated and unfair and should be replaced with uniform apportionment of tort responsibility. CBA/ABATE will actively support legislation making tort liability fair.
- SUPPORT legislation prohibiting discrimination against motorcyclists in all business and recreational establishments in NC.
- OPPOSE anti-gang legislation that targets motorcyclists.
- OPPOSE legislation targeting motorcycle noise emissions.
- OPPOSE any other legislation adverse to motorcyclists.
- SUPPORT making highway barriers more motorcyclist-friendly
- INCREASE the number of voter registrations in the motorcycling community
GENERAL STATUTES DEALING WITH MOTORCYCLES, MOPEDS, AND AUTOCYCLES
G.S. 20-4.01 (27) – GIVES DEFINITION OF AUTOCYCLE, MOTORCYCLE, MOPED, MOTOR DRIVEN BICYCLES. (d1) GIVES THE DEFINITION OF A MOPED AS A 2 OR 3 WHEELED VEHICLE WITH NO EXTERNAL SHIFTING DEVICE, A MOTOR THAT DOES NOT EXCEED 50 c/c AND CANNOT GO AT A SPEED GREATER THAN 30 MPH ON A LEVEL SURFACE
G.S. 20-7 (1) (a1) – GIVES LICENSE REQUIREMENTS FOR MOTORCYCLE AND MOPED. STATES THAT A PERSON LESS THAN 18 YEARS OF AGE WITH A M/C ENDORSEMENT MAY NOT DRIVE A MOTORCYCLE WITH A PASSENGER. ALSO STATES THAT NEITHER A DRIVER’S LICENSE NOR A M/C ENDORSEMENT IS REQUIRED TO DRIVE A MOPED.
(a2) GIVES REQUIREMENTS FOR A M/C LEARNER’S PERMIT. ALSO STATES THAT THE HOLDER OF A M/C LEARNER’S PERMIT MAY NOT RIDE WITH A PASSENGER.
(a3) STATES THAT TO DRIVE AN AUTOCYCLE, A PERSON SHALL HAVE A REGULAR DRIVER’S LICENSE.
G.S. 20-8 (7) STATES THAT ANY PERSON WHO IS AT LEAST 16 YEARS OF AGE AND WHILE OPERATING A MOPED IS EXEMPTED FROM HAVING A DRIVER’S LICENSE.
G.S. 20-10.1 STATES THAT IT SHALL BE UNLAWFUL FOR ANY PERSON WHO IS UNDER THE AGE OF 16 YEARS TO OPERATE A MOPED UPON ANY HIGHWAY OR PUBLIC VEHICULAR AREA OF THIS STATE.
G.S. 58-36-3 (b) DEALS WITH INSURANCE COMPANIES WRITING THEFT AND PHYSICAL DAMAGE ENDORSEMENTS TO LIABILITY POLICIES.
G.S. 20-53.4 STATES THAT MOPEDS SHALL BE ISSUED THE SAME TYPE OF REGISTRATION CARD AND PLATE ISSUED FOR A MOTORCYCLE.
G.S. 20-140.4 THIS IS THE MANDATORY HELMET PROVISION AND NUMBER OF PASSENGERS ALLOWED. ALSO STATES THE PENALTIES FOR VIOLATION.
You can get to these statutes by going to the NC General Assembly website at www.ncleg.net. Look to the right side of the page under SHORTCUTS, GENERAL STATUTES. Under SEARCH, TYPE IN MOPED and MOTORCYCLE. You can also find on the General Assembly (ncleg.net) website who your reps are and contact info for them. Make those phone calls and send those e-mails! Form letters don’t mean much to them, but personal emails do. Take action to restore a little bit of LIBERTY to our state.