Here's a brief look at CBA/ABATE's Legislative Priorities for 2011:

1.     SUPPORT FREEDOM OF CHOICE: N.C.G.S. § 20-140.4(A)(2) requires that motorcycle operators and passengers wear a safety helmet that complies with FMVSS 218.  Legislation to be introduced in 2011 will provide that this requirement would not apply to operators and passengers who are 21 years of age or older.  The bill will also provide that the penalty for violating the section is a fine of not more than $50.00 and that no drivers license points, insurance surcharges, or court costs shall be assessed.

2.     INCREASE RIGHT-OF-WAY VIOLATION PENALTIES: Legislation will be introduced to increase the penalty for running a motorcyclist off the road (i.e., violating the biker’s “right-of-way”) to $200.00 for low-level offense up to $500.00 for violations involving personal injury or property damage.

3.     SUPPORT 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.  Continuing and increasing the State’s support of driver education ($33 million in each of FY2009 and FY2010) is critical to this effort.

4.     SUPPORT UNIFORM APPORTIONMENT OF TORT RESPONSIBILITY: Throughout the United States, there are four systems used in establishing damage awards:  pure contributory negligence, pure comparative negligence, modified comparative negligence – 50% bar rule, and modified comparative negligence – 51% bar rule.  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  Contributory negligence is outdated and unfair and should be replaced with uniform apportionment of tort responsibility.

5.     DESIGNATE MAY AS “MOTORCYCLE AWARENESS MONTH”: Fully 72% of all motor vehicle accidents involving an automobile and a motorcycle are the fault of the automobile drivers.  Legislation introduced in 2009 passed the House with overwhelmingly bipartisan support, but was not taken up in the Senate.  Legislation will once again be introduced recognizing May as “Motorcycle Awareness Month”  to encourage motorists to “Look Twice, Save a Life”.

6.     SUPPORT legislation prohibiting discrimination against motorcyclists in all business and recreational establishments in NC.

7.     OPPOSE anti-gang legislation that targets motorcyclists.

8.     OPPOSE legislation targeting motorcycle noise emissions.

9.     OPPOSE any other legislation adverse to motorcyclists.

 Administrative Goals:

·       ENFORCE G.S. 20-141.5 to establish uniform, statewide "motorcycle-pursuit" policy for all law enforcement officials.

·       SUPPORT making highway barriers more motorcyclist-friendly

·       SUPPORT the use of DOT electronic message signs (Amber Alert) to deliver Motorcycle Awareness messages.

·       INCREASE the number of voter registrations in the motorcycling community