transitions driving freedoms by james j. baxter, president, nma … · 2015-06-06 · "black...

Copyright © 2006 by NMA Foundation.All rights reserved.

Driving Freedoms (permit # 0716556-KWP) is the officialpublication of the NMA Foundation, Inc. Driving Freedoms ispublished bimonthly by the NMA Foundation, Inc., 402 W.2nd St., Waunakee, WI 53597. (608/849-6000) Email:[email protected] Web site: www.motorists.org. Nonprofitbulk permit paid Madison, WI. Annual membership in theNational Motorists Association includes a subscription toDriving Freedoms.

Managing Editor:........................Eric SkrumStaff Writer:............................John HolevoetStaff Writer: ..........................James J. BaxterStaff Writer: ............................Robert TalleyGuest Writer: ..........................Aarne Frobom

COVER“Energy Transitions”

2222 DDrriivviinngg FFrreeeeddoommss NMA Foundation May/June 2006

Transitions .......................................................2

NMA Washington Report................................3

Seeking Fairness In Tennessee ....................3

2006 Legislative Priorities..............................4

People Are Catching On.................................6

Problem Solving At Its Best...........................6

Roads For Sale ................................................7

The San Francisco Treat ................................7

A Report On Lane Courtesy...........................8

New Jersey’s License Suspensions...........10

Michigan Speed Limits To Rise...................11

News From Around The Country ................12

Members Write ..............................................13

The Experts’ Corner......................................14

NMA Items For Purchase .............................15

SCCs and Activists List................................16

It's already started. Yesterday, I received my first e-mail chainletter compelling the recipients tocease doing business with xyz oilcompany and to spread the word toothers. Next will be the calls fromcub reporters who breathlesslyinquire, "Why are gasoline pricesso high?" Congress, statelegislators, and grandstandinggovernors will be demanding that big oil disgorge its obsceneprofits and go back to selling fuelfor $1.30 a gallon. None of this isgoing to matter. The demand forliquid fuel is going to outstripsupply, at least in the short term,and government tinkering andpolitical pyrotechniques will onlymake matters worse.

Conspiracy fans aside, there's a creeping understanding that oilproduction is running at full tilt.OPEC can't pump much more thanit already is. There are severalindications that production capa-bilities will worsen, not get better.Two major producers, Russia andVenesuala are nationalizing oilproduction, which characteristicallyleads to lower productivity.Nigeria, another major producer, isin a political upheaval that is likelyto get worse before it gets better.Iran may use its oil as a politicalweapon. Iraq can't meet its ownneeds, let alone add to an externalmarket. Mexico's major oil field isshowing signs of acceleratingdepletion. And, the unknowns likecrippling storms, wars, andearthquakes aren't even factoredinto the possibilities.

So hang on, it's going to be awild ride while we shift into newways to think about transportationand how to "energize" that system.This will be one of the moresignificant transitions of the 21stcentury. Change is inevitable andrelentless. Increasing demand anddecreasing supply are majormotivators for change.

It's fairly obvious that the BMW7 series, Corvette, Chrysler Hemi,or Harley Road King are eachworth about a buck fifty if youdon't have gas to put in them. Therewill be gasoline, and for a longtime, probably forever, but it isgoing to get very, very expensive,until it becomes irrelevant becauseit has been replaced with someother form of energy that costs lessand works better. This happened inthe nineteenth century when weswitched from wood to coal formuch of our energy needs. Therewas no shortage of barren treelesslandscapes.

I'm not much of a fortuneteller,but past experience does give someinsight into what we might lookforward to experiencing.

The obvious transitions includethe move to much more efficientinternal combustion engines andmore experiments with supple-mental power plants like the currentinterest in hybrids. I also expect amajor political backlash that willmake it socially (and financially)almost impossible to own andoperate large inefficient vehicles.The theme will be, "You and yourgas hog are using fuel that wouldmeet five other peoples' needs anddriving the price even higher for all the rest of us, there ought to be a law," and there will be. It willprobably take an indirect approach,like a luxury tax or new CAFEstandards that will make it prohib-itively expensive to buy and drivethe equivalent of today's SUVs.(Hey, don't kill the messenger, I'mjust speculating on what is likely tohappen within a decade or two.)

Even with these changes, thedemand will continue to increaseand the supply will continue todecline. Those billions of bicycleriders in Asia, Latin America, andAfrica will come to desire cars,

Driving FFreedomsNMA Foundation

Transitionsby James J. Baxter, President, NMA

Editorial Staff

TABLE OF CONTENTSVolume 17 • Issue 3

continued on page eleven

The NMA and NMA Foundationhave been active in supporting effortsto make Tennessee's speed limits fairand hold those that set unjustified speedlimits accountable. Regular readers ofthis publication are already familiarwith Ron and Diana Brown's case.This case has been going well and nowthere is more good news to report.

NMA Activist Ron Brown has spentover two years fighting an unfairspeeding ticket his wife Diana receivedin Oak Ridge, Tennessee. The Brownswanted to challenge the legality of thespeed limit in question, but theprosecution filed a motion asking thecourt to bar them from presentingevidence related to the Manual forUniform Traffic Control Devices(MUTCD) or engineering studies.

Amazingly, judges at both themunicipal and circuit court levels

refused to hear their argument about theillegal nature of the speed limit. That'sright, they were actually preventedfrom discussing federal regulations,which were already recognized inTennessee state law!

Diana lost her case because shecould not talk about the MUTCD incourt. The Browns decided to appealthe decision, and they received a LegalAid Grant from the NMA Foundationto fund their effort. Last summer, theappeals court ruled that Diana's defensewas an appropriate defense to thespeeding charge and that the trial courterred when it concluded that this issuecould not be raised in that court.

Since that time, the city filed anappeal with the Tennessee SupremeCourt. Two months ago, we receivedword that the Supreme Court would nothear the case, which means they

accepted the appellate court's decision. While Diana's conviction was not

overturned, she will be allowed tochallenge the speed limit's legality ifthe prosecutors decide to retry her casein a lower court. More importantly,thanks to the Brown's dedication andsome helpful funding from the NMAFoundation, there is a now a precedentthat other motorists can challenge thelegality of speed limits if they areticketed.

While the NMA Foundation ismaking progress in Tennessee courts,the same success cannot be said for ourTennessee legislative efforts. Long-time NMA Member Hal Rounds hasworked closely with his StateRepresentative Dolores Gresham tohave a bill introduced that would

continued on page eleven

3333May/June 2006 DDrriivviinngg FFrreeeeddoommss NMA Foundation

In the last issue of DrivingFreedoms, the NMA's legislativedrive was announced. One of thekey issues the NMA is addressing is the use of Event Data Recorders(EDRs). We are promotinglegislation in Congress to ensure that the data captured by anyrecording device in your vehicle is your property.

Such a clarification will protectdrivers today from "black box"recorders that capture the data onvehicle metrics prior to an accident.In the future, this clarification willbe helpful in preventing governmentmandates that require remotesensing of on-board data collectionfrom moving vehicles without theconsent of the owner of the vehicle.

The bill itself would, among

other things, clarify the vehicleowner's right to the black box data and provide the owner or driver of the vehicle the right to turn the black box off. By giving the vehicle owner the ability to turnthe recorder off, this legislationprovides motorists a mechanism toguarantee their right to privacy fromunwanted intrusion.

The Congressional legislativeprocess is respectfully called adeliberative system. Less courteouscommentary might describe it as"slow as a snail." In contrast, statelegislatures are able to consider a billand pass it in a single session lastingas short as a few months.

Meanwhile, Congress seems todrag the evaluation on forever.However, because Congress is the

only entity that can definitivelyresolve this issue, we must use this venue.

We have tentative support in theHouse and expect to have a billintroduced by the time thispublication reaches your doorstep.Once the bill is introduced, we willrequest a hearing and begin theprocess of passing the proposalthrough committee and on to theHouse floor.

Accelerating the process requiresgetting the attention of key legis-lators who preside over committeeswith jurisdiction over this issue. Inthe House, Texas Representative JoeBarton and Florida RepresentativeCliff Stearns are the most influentialleaders with whom the NMA willseek to raise this issue. Your helpand participation in contacting yourlegislators on this issue will beneeded and we will be contactingyou when the time is right.

The task is challenging, but ourprospects are encouraging!

NMA Washington Reportby Robert Talley, NMA Lobbyist

Seeking Fairness In Tennessee

As we reported in last month's issueof Driving Freedoms, the NMA hasselected two important issues on whichto focus this year. These were chosenbecause they are both timely and webelieve the NMA has a real chance tosuccessfully address them.

The first is the use of so-called"black boxes." Right now, the datafrom these boxes is rarely used.However, we strongly feel that weshould address this issue before it getsout of hand. The fact is, thistechnology is rapidly developing.

With this in mind, the NMA issponsoring legislation that protectsmotorists from having their vehicles'black boxes used against them. Our

proposed legislation would also givemotorists the option of easily disablingthe device. We are including aprovision, similar to legislation passedin several states, which would require awarrant to access black box data.

The second priority is theestablishment of clear guidelines forthe use of photo enforcement, whichshould stop cities from using camerasjust to raise money. Our ideallegislation would, among other things,require all cameras to be under thedirect control of an on-site operator andtested externally each day to see thatthey are accurate. We also want torequire that camera companies are paidbased on the reduction in violations and

accidents, not how many tickets areissued.

The NMA's D.C. Representative,Rob Talley, is already working on ourgoals. In fact, he thinks he may havefound a sponsor for our black box bill!However, we need your help to keepRob going. Our annual spring funddrive is the only source of funds for ourlegislative efforts in Washington.

If you have already sent in yourcontribution, thank you. If you haven'thad the chance to donate yet, then Iurge you to contribute today. As anadded bonus, if you donate at least $30,you'll be entered to win a terrificEuropean Driving Tour.


2006 Legislative Priorities

A lucky winner will be able to chose one of the three terrific tours listedbelow, which have been generously donated by www.driveeurope.com. It'seasy to secure your chance, just donate now.

*You'll receive one entry for every $30 you donate.

Win a Trip to Europe!

Each eight-day tour includes airfare, hotel accomodations, car rental, and free breakfasts for both you and a guest.

Explore the best Paris has to offer. You’ll also have a chanceto travel through the beautiful French countryside. Make yourway to Normandy, stopping at Versailles. On the way backto Paris, take in the stunning Loire River Valley.

Roam through the majestic German Alps and beautiful Bavarian forests.Take a detour into Austria for a visit to Salzburg, Mozart’s birthplaceand the site of the “Sound Of Music.” Then, end your tour in Munich,home to Oktoberfest and one of Germany’s great cities.

Experience Rome, the “Eternal City.” See the Coliseum, Vatican, andForum. Visiting this terrific city would make a great vacation by itself, butyou’ll also get to drive through breathtaking Tuscany. Visit the region’slovely fortified towns and cities at your own pace.

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Vindication—it's a great feeling. It's also a feeling that NMA membersare feeling more often when it comes to photo enforcement. New studiescontinue to paint an unflattering pictureof these devices, and people are startingto pay attention.

In recent months, revelations about camera program failings havebeen made public in both Maryland and Manitoba. Meanwhile, theexpansion of cameras has been dealt a blow in Georgia, Connecticut, andMassachusetts.

Six years ago, when cameras were installed at five intersections inAnne Arundel County, Maryland, thepolice claimed that the devices woulddeter red-light running and reduceaccidents. An analysis by The Capitalnewspaper in Annapolis found thatdespite these claims, the cameras havenot improved safety. While theaccidents fluctuated over time, thepaper concluded there has been noobvious reduction in accidents since the cameras were installed.

In Winnipeg, Canada, an officialaudit of the photo radar and red-light

camera system demonstrated that thenumber of insurance claims foraccidents, injuries, and propertydamage expenses went up significantlyat sites using red-light cameras. It alsopointed out that the Winnipeg PoliceService had used misleading statisticsnumerous times to give the impressionthat the cameras were improving safety.

These revelations certainly bolsterour position. They also have had a real impact on public policy. Five years ago, camera companies thoughtthat the expansion of this technologywas a forgone conclusion. Now, the political landscape has shifted.Camera programs are still beingapproved, but many jurisdictions are also rejecting them.

For example, a bill that would haveofficially sanctioned the use of camerasin Georgia has backfired on cameraproponents. The state Senate adopted asubstitute measure that allows cameras,but requires that all revenue collectedgo to the Brain and Spinal Injury TrustFund. Camera supporters claim thischange would put an end to cameraenforcement in the state. The Georgia

House would have to approve theSenate's changes before the bill can besent to the governor.

Elsewhere, the Connecticut HouseJudiciary Committee rejected a bill that would have allowed red-lightcameras and speed cameras to issuetickets within the state. One of themore disturbing aspects of the billspecifically authorized localmunicipalities to keep the resultingticket fines, which would have furtherpromoted the idea of cameras asrevenue generators. If anything, thisaspect helped to kill the measure.

Finally, the Methuen, MassachusettsCity Council unanimously rejected aplan to install red-light cameras at someintersections. Even though the policechief and mayor supported the idea,council members turned against it whenthey were told that the citations wouldresult in auto insurance surcharges.

It's true that not all the news on this front is positive, but there is plenty about which to be optimistic.The NMA and our allies will continueto make progress against photoenforcement.

People Are Catching On

I recently read an article fromNew York that really drove homeone of my main concerns when itcomes to the debate of how toachieve highway safety. In thisarticle, it was stated that due torecent accidents that had occurred onthe New York State Thruway, thestate patrol was going to step up itsefforts to make the roads safer.

Their solution?The state troop responsible for

patrolling the Thruway wouldconduct an enforcement blitz on"dangerous" speeders. As theopening salvo, they had alreadydoubled the number of speedingtickets normally issued.

At a press conference, the

commander of this unit, MajorGeorge Beach II, had said that thiseffort would continue all summer.There was a good chance theirefforts would extend beyond thattime. The police were going to keepcracking down on "dangerous"speeders until they saw an"appreciable difference" in speeds.

Now comes the puzzling part.The police say their efforts are being driven by recent accidents.However, they agree that none ofthose accidents were caused byspeed. They even admit that speed wasn't even a factor in any of the accidents.

Yet, their solution to this growingproblem is an enforcement blitz on a

factor that isn't causing the increasein accidents?

Officials also acknowledge thatthe last safety numbers they have forthe Thruway (2005) show that it hadthe lowest fatality rate in its entirehistory. "The road remains safe,"Thruway Authority executivedirector Michael Fleischer said, "butwe also want to make sure we'redoing everything we can to getpeople to drive safely."

Maybe it's time to really look at the cause of accidents on ourroads and employ methods thatspecifically address that cause? Itcertainly seems more logical thantheir current approach.

Problem Solving At Its Bestby Eric Skrum, Managing Editor

Continuing a depressing trend in theUnited States, Indiana authoritiessigned a lease agreement with Cintra-Macquarie, a Spanish-Australianpartnership, which would allow theprivate company to operate and profitfrom the 157-mile Indiana Toll Roadfor the next 75 years.

Under the agreement, Cintra-Macquarie will pay the state $3.85billion, and keep all toll revenue for the next seven and half decades. Inreturn, it would be responsible formaintenance, improvements, and other operating costs, not the state.

Last year, the same Spanish-Australian consortium signed a 99-year lease for control of the 7.8-mile Chicago Skyway, which links the Indiana Toll Road to downtownChicago. The second such deal in asmany years suggests similar leases areon the horizon elsewhere. PatrickJones, executive director of theInternational Bridge, Tunnel andTurnpike Association, has praised thisdevelopment as the perfect solution forthe United States' "grossly under-funded" transportation infrastructure.

In reality, selling our roads is theresult of our transportation problems,not the solution. This deal is beingconducted for fast cash up front.Officials fail to acknowledge that thestate would generate more revenue inthe long run with these tolls than whatit is receiving from Cintra-Macquarie.However, Indiana has managed itstransportation funds poorly and backeditself into a corner.

State governments collect enoughrevenue from motorists in the form ofthe gas tax and other fees such as tollsto pay not only for the maintenance ofour roads, but also for the growth ofour transportation infrastructure.Typically, these monies are gatheredinto a transportation fund that wascreated solely for the purpose of payingfor these transportation services. Theproblem is that this transportation fundis being plundered for other projects,many of which are not related totransportation.

While the Indiana lease agreement

has been signed, the deal is still not a sure thing. A group called theCitizens Action Coalition, is suing tostop the lease. Their argument is that the agreement is illegal because the Indiana Constitution requires thatthe proceeds from any sale of statepublic works be used to pay down state debt, not road projects as iscurrently planned.

Indiana Governor Mitch Danielsdefends the sale, which he has touted as Indiana's "Louisiana Purchase." His administration contends that theagreement is legal because it is a lease and not an outright sale. The first legal hearing on the matter isscheduled for May 11.


Roads For Sale

Another bad British transpor-tation idea has migrated across theocean. "Congestion charging" is onits way to San Francisco.

Three years ago, London begancharging a fee to drive in thedowntown area. Monday throughFriday, from 7 a.m. to 6:30 p.m., itcosts $14 to drive in certain areas ofthe city. Warning signs indicatewhen motorists are about to entersuch an area, while 203 camerastrack vehicles to ensure only thosewho have paid the fee are using the roads. You must pay the feebefore or on the day of your trip. If you don't pay, you will be sent a$60 citation.

So far, this system has generatedabout $350 million. The LondonChamber of Commerce andIndustry contends that thiscongestion charge has negativelyaffected businesses by five to ten percent.

Now, the San Francisco CountyTransportation Authority, at thebehest of Board of SupervisorsChairman Jake McGoldrick, willbegin a 24-month study on how toimplement a similar system for their city. This is not an "if it willwork" scenario. This is a "whenwill it happen" scenario. A grant of $1.04 million from the FederalHighway Administration will helpfund the study.

Areas that are being consideredfor this toll include streets

approaching the Bay Bridge andDoyle Drive and the stretch ofHighway 101 that runs through the Presidio.

One of the justifications for this toll is that the funds generatedcould be used to supplement public transportation. "One of the key things here is to changebehavior in a way that people aregoing to see a benefit," saidMcGoldrick. "The benefit is ofcourse that, first and foremost, weimprove the efficiency of our publictransportation system."

"I think it's inevitable that there will be some kind ofcongestion charging in SanFrancisco and the top 20 cities in the country," he added.

"It's a huge revenue generator,"said Tilly Chang, authority deputyplanning director. "People mightget behind it if they know therevenues are reinvested into makingtransportation better instead offloating off into a general fund."

Then again, people might not get behind this plan if they realizethat "congestion charging" isnothing more than a fee to use roads they have already paid forthrough their gas tax. To rub saltinto the wound, not only are theypaying an extra fee to drive on aroad they have paid for, but the fee is going to subsidize publictransportation. A service mostdrivers never use themselves.

The San Francisco Treat

I'm on my way towork this morning.It's the same route I

take everyday, I-94 toward Madisonand then on to Waunakee. Traffic istypically light, particularly whencompared with major metro areas, butthat doesn't stop me from encounteringthe occasional slow down.

In my case, however, this slowdown isn't a traffic jam, it's usually just one car or truck. Someone is in the left lane and barely creeping by theperson in the right lane. In some cases,they are not trying at all. I have tobrake and hope they eventually get theidea and move over. Sometimes thatdoesn't happen and I simply pass themon the right.

Either way, this slowing down andthen speeding up is frustrating and timeconsuming. It also wastes gas, which issomething few us want to do with sky-high prices on the horizon.

This year, the NMA Foundation hasagain designated June as LaneCourtesy Month. This year's eventwill most likely coincide with some ofour nation's highest gasoline prices.

Lane Courtesy, which is also knownas lane discipline, calls on all motorists

to yield to faster moving traffic. This practice promotes smoother

traffic flow, which thereby reducesinstances of tailgating, weaving in-and-out of traffic, and speed fluctuations.In turn, this reduces congestion, driver frustration, and road rage, which makes for a better drivingexperience for everyone.

Even though the safety benefits oflane courtesy are self-evident, safetyofficials consistently overlook its im-portance. Instead, they choose to focuson increased enforcement of othertraffic laws that have little real benefit.

Likewise, law enforcement agenciesrarely focus their efforts on lanecourtesy, even in states with strictSlower Traffic Keep Right or KeepRight Except To Pass laws. It simplyisn't a priority for them.

This only heightens the importanceof Lane Courtesy Month. It's a greatopportunity to connect with the drivingpublic about this issue and how itaffects them. This year, we plan tofocus on the fuel savings associatedwith proper lane courtesy, and we hopethis novel approach will help us get ourmessage out like never before.

Fuel conservation is often over--

looked as a benefit of lane courtesy.Your vehicle consumes the most fuelwhen you are accelerating. It burnsmuch less when you are able to achievea consistent speed. Lane courtesy,when properly obeyed, promotes thesmooth flow of traffic and helps driversmaintain an even pace. Again, lessbraking followed by acceleration willimprove fuel economy.

This is a point that no other agencyis currently promoting. With gas pricespredicted to reach record highs and fuel consumption already a concern for many motorists, the media will be eager to discuss this topic. We hope to fill this void with our lanecourtesy message.

For better or worse, self-interest is amajor motivator for people's behavior.In fact, the reason motorists oftenignore lane courtesy is because of theirdisregard for the interests of others.Our goal this year is to clearly commu-nicate how using Lane Courtesy canbenefit everyone, especially when itcomes to finances. If we successfullyconvey this message, this will be ourmost successful Lane CourtesyMonth promotion ever.

8888A Report On

DDrriivviinngg FFrreeeeddoommss NMA Foundation May/June 2006

Help promote Lane Courtesy byattaching our bright red and blackLane Courtesy bumper stickers toyour vehicle. At $1 per sticker, thisis an easy, inexpensive way topromote our efforts!

Help Promote Lane Courtesy

SLOWERTRAFFIC

KEEPRIGHT

www.lanecourtesy.org

Do the RIGHT thing!Yield to faster traffic

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Save Gas: Yield To Faster Trafficby Eric Skrum, Managing Editor

In Maryland, there are signs postedon many of our highways which read"Slower Traffic Keep Right." SenateBill 701would merely give those signsthe force of law, and codify what isuniversally recognized to be both a safeand courteous driving practice.

Among knowledgeable motoristsand traffic safety authorities, it is wellknown that one of the keys to reducingthe likelihood of accidents on ourhighways is to promote the smooth andefficient flow of traffic. And, one ofthe best ways to do that, on multi-laneroads, is to stay as far right as the flowof traffic allows, and to use the leftlanes for overtaking slower vehicles.

This is not a new concept, nor is ituntried. It is well-known that drivingon the right, and passing on the left,promotes the efficient use of ourhighways, and improves highwaysafety. Most driving authoritiesrecommend this practice, and it isrequired by law in a number of otherstates. In Colorado, where there is astrict lane discipline law in effect, theState Patrol has published a brochureexplaining the value of the law, why itwas needed, and how it works.

Why is it important for slowertraffic to keep to the right, and forfaster traffic to pass on the left?Because passing vehicles on the rightside requires an overtaking driver toexecute three movements of his car.First, he must make certain that thelane to his right is clear, then he mustmove into that lane, accelerate and passthe slower vehicle in front of him on itsblind side, and then move left again to

complete the pass. It is more safe,courteous, and efficient if the vehicleabout to be passed simply moves to theright and stays there, thus allowingfaster vehicles to pass on the left.

In any discussion of this subject, thequestion inevitably arises: "Whyshould I have to move out of the wayof a speeder?" The simple answer isthat setting aside one's ego and movingto the right is the safest thing to do foreveryone on the highway. Beyond that,consider that in the matrix of a typicalhighway environment, there willalways be variables in driven speeds.We do not all drive at the same speed.On a highway posted at 65 miles perhour, one driver may be moving at 66,another at 68, another at 63, yet anotherat 70...and each will consider himselfto be obeying the law and drivingsafely. Driving right and passing leftallows for the orderly movement ofthese various vehicles.

As we repeatedly demonstratedbefore this Committee during thedebate over the 55-mile per hour speedlimit, most motorists drive at a speedthat they perceive to be safe andcomfortable. Driving faster than thenumber posted on a speed limit sign,while illegal, may not necessarily beharmful or dangerous. On the otherhand, cruising in the left lane of ahighway, regardless of speed, andwhether it is legal or not, may in factpose a danger to one's self and to otherhighway users. It is a provocative act,sometimes deliberately so, and thosewho engage in this dangerous andarrogant behavior are just as guilty of

aggressive driving as those who speed wildly through traffic. They are two sides of the same coin, and the law should not validate thebehavior of either.

Twenty-one years ago, I wrote anOp-Ed column for the BaltimoreEvening Sun addressing this subject. In that piece, I noted, "There are fewscenarios more dangerous than a line of frustrated, angry drivers, tailgatingeach other at highway speeds whilejockeying into position for a riskyright-lane pass. Yet this is exactly thecondition a left-lane bandit creates.Were he to make but a single move—asimple lane change—the problemwould be abated instantly. By clingingchildishly to the passing lane, however,he risks provoking a serious accident,and he causes a jerky, disjointed, andhaphazard traffic flow." Nothing muchhas changed since I wrote those wordsin 1985. It is still legal in Maryland, atthis moment, to drive in the left lane ofa highway, even at speeds below theposted limit, and thereby impede theflow of traffic.

Senators, this is a simple bill, one that will make our highways safer and more efficient, and codifyinto Maryland law what is universallyconsidered to be good driving behavior.The National Motorists Associationstrongly supportsSenate Bill 701,and we respect-fully urge yourfavorable report.

9999Lane Courtesy

DDrriivviinngg FFrreeeeddoommss NMA FoundationMay/June 2006

SLOWERTRAFFIC

KEEPRIGHT

Lane Courtesy Testimonyby Giff Nickol, NMA Member

Maryland Senate Bill 701 was one of the few lane discipline bills introduced in 2006. On February 16, 2006,the NMA was fortunate to have long-time NMA member Giff Nichol, speak on behalf of the NMA at a hearing infront of the Maryland Senate Judicial Proceedings Committee. Giff's testimony is below.

Thank you, Giff. It is through the actions of dedicated members like you, that the NMA is able to have a voiceat hearings like this.

11001100DDrriivviinngg FFrreeeeddoommss NMA Foundation May/June 2006

What do you have to do to get yourlicense suspended in New Jersey? Theanswer is not much. In fact, over300,000 New Jerseyans had theirdriver's licenses suspended last year.

License suspensions have becomesuch a pervasive problem that theMotor Vehicle Commission (MVC)appointed an Affordability and FairnessTask Force to examine the issue. Thetask force recently released its report,which includes numerous recommen-dations that are intended to reduce theoverall number of suspensions.

Under the group's proposals, judgescould more easily grant extensions topeople paying fines or fees. The MVCwould also have more discretion overthe surcharge payment plans that itmanages. Both are designed to keeplow-income motorists from losing theirlicenses just because they arestruggling to pay fines.

The task force also recommendedthat judges be given the option tosuspend a vehicle registration ratherthan the driver's license when themotorist fails to appear in court forunpaid parking tickets. Now, courts canonly suspend the driver's license orissue an arrest warrant.

These changes, like many of thereport's other recommendations couldbe implemented administratively by theMVC and the courts. Others willrequire legislative action to becomereality. Still others simply call forgreater public awareness on the part ofagencies that deal with drivers whoface the loss of their licenses.

While the report does address some of the problems inherent in NewJersey's system of license suspension, it stopped short of calling for theelimination of any specific cause for suspending a person's license. This is unfortunate.

If any state needs to compre-hensively reconsider its licensesuspension policy, it is New Jersey.Hundreds of thousands of the state'sapproximately six million drivers have their licenses suspended. Lastyear, the state imposed a whopping814,000 suspension orders. This isonly tempered by the fact that many of these orders were issued againstpeople whose licenses were alreadysuspended, so only 300,000 motoristswere affected.

In fact, multiple suspensions are nota rarity in New Jersey. Almost two-

thirds of the suspension orders in 2005 were given to motorists with two or more active suspensions. More shocking still, nearly a quarter of those affected had at least ten active suspensions pending!

While the sheer number of license suspensions is staggering. The reasons used to justify thesesuspensions are often superficial atbest. Fewer than six percent of allsuspended drivers lost their licensesstrictly because of a driving reason.Approximately five percent lost theirlicenses for reasons entirely unrelatedto the operation of a motor vehicle.

Not surprisingly, the most commonreason for suspensions was failing topay motor vehicle surcharges, but thisaccounts for only 28 percent of totalsuspensions. Other frequent causesinclude failure to pay parking ticketsand failure to appear in court for amoving violation or municipalordinance violation.

The real question here is, what is anacceptable reason for someone to losehis or her license? The NMA's positionhas always been that a driver's licenseshould only be used to signify that aperson is reasonably trained to drive avehicle safely. Therefore, a person'slicense should only be suspended orrevoked if the opposite is true. Failingto pay a parking ticket in no way showsthat someone is unable to drive safely.

Worse still, New Jersey is one of adozen or so states that does not offerconditional or restricted drivingprivilege for motorists who have losttheir licenses. However, the MVC'sreport does recommend that driverswhose licenses have been suspendedfor inability to pay fines be allowed todrive for employment, education, ormedical care.

Whether New Jersey embraces such reform is up to state legislatorsand Governor Corzine. For the good of its citizens, the state's leaders should take action to make NewJersey's license suspensions both fairer and less common.

New Jersey’s License Suspensions

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simplify Tennessee's speed laws andstrengthen the state's commitment tosetting 85th percentile speed limits.

The bill, HB 3851, was filed and scheduled for a hearing beforethe House Safety and Rural RoadsSubcommittee. In the end, the billwas discussed at two hearings. Hal was at both hearings to speak in favor of the bill. Ron Brownjoined him at the second hearingand testified as well. In the end, thebill fell victim to partisan politics.That doesn't mean that Hal and Ron, or the NMA have given up on this issue.

Pursuing similar legislation inthe future is one possibility.Especially, if the political make upof the Tennessee House changes. In the meantime, Hal is ready topursue his goals through litigationas well.

Currently the NMA is workingwith Hal, and the NMA's TennesseeActivists, Ron Brown and TonaBall, to coordinate two differenttypes of legal challenges. The first is to win a case at the appellatelevel that establishes that a motoristcannot be found guilty of speedingif the speed limit is not properly set. Hal, who is an attorney, isalready working on a case hebelieves has potential.

Another option would be tolaunch a suit to prohibit a particularjurisdiction from issuing tickets tomotorists driving on a stretch ofroad where the limits have not been set according to federalstandards. To participate in thisoption a person does not have toreceive a ticket; they only have todrive in that area often. Again, theultimate goal would be to win sucha suit at the appellate level so that it could set a precedent that allTennesseans could use.

Once we achieve such a victory,the NMA and NMA Foundationwould do their very best to publicizeit. That way more people wouldknow how they can fight backagainst unfair speed limits. Rightnow, we are looking for NMAmembers, as well as your friends,and family that might be interestedin serving as litigants. If you areinterested, contact either JohnHolevoet or Hal Rounds. Theircontact information is below:

John Holevoet(608) [email protected]

Hal Rounds(901) [email protected]

Tennesseecontinued from page three


nice homes, and the wonders ofelectricity. (In the latter case, thewriting is already on the wall—nuclear power is back.) So, even ifwe are commuting to work with100-mpg vehicles, we'll still bepaying dearly for the privilege.

This isn't a doom and gloomscenario, it's just about change.Remember when (okay, a lot of you won't remember when) weenvisioned the end of leaded fueland emissions requirements foreverkilling off high performance funautomobiles? For a few years it surelooked like it was heading in thatdirection. But, today the averageperson can find numerous affordablefun cars that are fast, safe, anddurable. In 1970, a car wasn'texpected to last much beyond100,000 miles. Today, you wouldn'tget a second look if you said youhad 200,000 miles on the odometer,and the engine still isn't burning oil.

The process won't be painlessand there will be plenty of politicaland economic fallout. There willalso be tremendous economicopportunity as well. Our biggestchallenge, as an organization, willbe trying to keep government from"fixing" problems and in the processretarding or crippling our transitioninto a new and better world ofpersonal transportation.

Transitionscontinued from page two

On November, 9, 2006, Michiganwill get the nation's toughest speedlaw against speed traps andunrealistic, too-low speed limits.

On that date, Public Act 85 of2006 (House Bill 5240) takes effect,and most speed limits on local roadswill be invalidated unless based onengineering studies or drivewayfrequency. This new law was passed

at the insistence of the Michigan StatePolice, to give the state uniform,systematic speed limits.

This doesn't mean that Michiganmotorists can go as fast they want, butit does mean that you will be able todrive at a reasonable and proper speeddown any main road in Michiganwithout fearing a fine. You still mightget a ticket: not every city will post

new limits under the law's mandatedmethods by November. But unless thelocal jurisdiction has set speed limitsproperly under the new law, the ticketmust be thrown out in court.

Speed limits will rise gradually,city by city, as local governmentsrealize that motorists can no longer beconvicted for violating pre-2006speed limits.

Michigan Speed Limits To Riseby Aarne Frobom, NMA Member

ColoradoIn Colorado Springs, city traffic

engineers are attempting to update theirtraffic studies of 85th percentile speedsand set local speed limits accordingly.They are facing resistance from the citycouncil, which is being undulyinfluenced by a few upset citizens.

FloridaThe Florida Department of

Transportation (FDOT) has ordered theremoval of the red-light cameras inGulf Breeze. In typical fashion, GulfBreeze's city leadership has ignoredFDOT. After all, they ignored the willof the legislature and an opinion fromthe attorney general when they installedthe cameras in the first place.

IllinoisState lawmakers have been

supportive of a measure that wouldexpand the use of red-light camerasbeyond Chicago. The State Senatevoted 33-22 in favor of the bill. Acompanion bill (HB 5246) has sincebeen introduced in the House, wherethe Rules Committee is currentlyreviewing it. You can contact themembers of this committee as well asyour state representatives to voice youropinion about this legislation.

KansasMotorists pulled over in Kansas

will soon face fingerprinting. Over the next year, the Kansas Bureau of Investigation (KBI) will test 60automated fingerprint readersthroughout the state. The tests inKansas are part of a $3.6 millionupgrade to the KBI's statewidefingerprint database, which is largely funded by a grant from theDepartment of Homeland Security.

MarylandAlready in widespread use in

London, automatic number-plate-

recognition technology is poised toexpand in the Baltimore-Washingtonarea because of Department ofHomeland Security funding. Thesecameras would automatically scanlicense plates and cross check themagainst a database to ensure the car isnot stolen and that the owner has nooutstanding offenses on his or herrecord, including speeding tickets.

MassachusettsThe state's teen drivers already have

to deal with a tough graduated-licensesystem. A new legislative proposalwould make teens in Massachusettswait longer to receive their licensesthan any other teens in the UnitedStates. The bill would delay teens fromgetting their learner's permit by sixmonths. They would then have to waita full year before they could receivetheir license at age 17 and a half.

MichiganSB 26 would have banned the use

of geographic territories in settinginsurance premiums. The insuranceindustry threatened that if the billpasses, premiums would rise by about16 percent outside Detroit. The billwas supposed to help control risingpremiums in Detroit, but it appears tohave stalled in committee. The averagecost of a six-month auto insurancepolicy in Detroit is $1,484, versus $861 statewide.

MinnesotaA legal victory by the American

Civil Liberties Union has put an end toMinneapolis's use of red-light cameras,at least temporarily. A recent courtruling invalidated the city's "Stop onRed" ordinance because it holds theowner of a vehicle responsible for aviolation even without evidencerelating to who was driving at the time.Minneapolis is appealing the decision.

New Jersey GEICO returned to New Jersey in

2004 following a 28-year absence thatit claims was necessary because ofoverregulation. The company has sincecaused controversy by using a person'seducation and job status to figure outhow much to charge. In short, GEICOcharges blue-collar workers and thosewith less formal education more.Assemblyman Cohen has introduced abill that would ban such practices.

OregonProfessors at Oregon State

University are currently working on asystem to track a vehicle's mileage for aproposed per-mile fee system that stateofficials said might one day replace itsgas tax. The system relies on the use ofGPS (Global Positioning System) datato calculate fees. Many fear that thisdata could later be subpoenaed for anynumber of reasons, including criminalcases or divorce proceedings.

TennesseeCoopertown Mayor Danny Crosby

has been at the center of a controversyover speed limits and traffic enforce-ment in his town for months. TheMayor is now under investigation bythe Tennessee Bureau of Investigation(TBI) because he blocked a motoristfrom paying a speeding ticket with acheck that had "for speed trap" writtenon it. Some believe Crosby broke thelaw by refusing the check.

VirginiaThe Virginia House of Delegatespassed a bill that raised the speed limiton I-85 from 65 to 70 mph. GovernorTim Kaine has since approved themeasure. Interestingly, it was Kaine'sfather-in-law, Governor LinwoodHolton, who last raised the speed limiton Virginia interstates from 65 to 70mph, just prior to the NationalMaximum Speed Limit of 55 mphtaking effect.

News From Around The Country

11221122DDrriivviinngg FFrreeeeddoommss NMA Foundation May/June 2006

As of this printing, this information iscurrent. For more information on thisand other motorist news, visitwww.motorists.org.

I have lived in Wisconsin fornearly six years now, previouslyresiding in Michigan and thenIndiana. Neither of these latter statesrequired the use of a front licenseplate and therefore, upon my arrivalto Wisconsin I was quite disturbed atthe requirement to place another IDtag on my front bumper. One of thecars I own actually requires the frontbumper to be physically altered(drilled) to attach a license plate. Inthe fact that I would have to damagemy car to mount a plate, I chose notto. My other vehicle does have anaccessory bracket available to mounta plate without destruction to thebumper, but again I chose not to forkover the $20 to purchase this item.

Where I'm going with this is thatI have now been driving 15k milesper year for the last six years andhave never been pulled over fordriving without a front plate. Mycontention is this...I would tend tobelieve that the offence for drivingwithout a front plate carries a muchlower penalty than a photo radarticket for speeding or running a redlight. Further, driving without a frontplate basically guarantees that one isimmune from photo radar.

Your community may not havephoto radar at this time but onenever knows when traveling throughother communities or states. Decidefor yourself.

Jeff CorbatRacine, WI

I read "Putting Laser Jammers ToThe Test" in the latest newsletter. Irealize this was not an official test oranything like that, however I wascompelled to write in defense ofK40 products. Currently, K40 is thebest laser defuser on the market.

I have tested these units with

police friends with police-issuedlaser guns. They were completelyunable to get any reading off of acustomer's Dodge Viper until the17th (yes I said 17th) attempt. Wehad to turn around and approach the officer four times before he gotany reading.

A quick disclaimer. I do sell and install not only K40 products, Ialso sell and install Escort productstoo. Even though I don't get anydiscount, I use the K40 in my ownvehicle. What does that say aboutwhich detector/defuser I prefer?

I would like to make a couple ofoffers. First, to whomever owned thevehicles with the "not installedproperly" laser defusers covered inthe newsletter article. I would behappy to assess and possibly evenrepair them for you free at my storein Framingham, Massachusetts.

Secondly, why don't theMassachusetts NMA members gettogether again this spring and have

another test? I will try to get a lasergun from either a trooper or a townpolice officer to bring along as well as my K40 equipped vehicle.Either way, I truly feel that the NMA should get a little moreinvolved in helping its members get the best protection possible for our enthusiastic driving styles. I will be glad to help any way I can,whether it be by discounting tomembers, or even just tech advice. I would like to help anyone else thatdrives like me to know when they'rebeing shot at, whether it be a laser ora radar gun.

Robert MurphyXtreme Performance & Audio Inc

Framingham, MAwww.xtremeperf.com

Your letters are welcomed and should not exceed 300words. They may be edited for length or clarity. Full-length articles will also beconsidered for publication and should not exceed 600words. Submissions may beemailed to [email protected] mailed to us at 402 W. 2ndSt., Waunakee, WI 53597.


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If you have a question that only an expert can answer, the NMA can help.The experts here have volunteered tohelp you. Please mention that you're anNMA member when you contact them.

If you would like to join this list, contactus with your field of expertise, contactaddress, and preferably a telephonenumber. This is not intended for listingof commercial business services.

DDrriivviinngg FFrreeeeddoommss NMA Foundation May/June 2006

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http://www.motorists.org/join/membersonly/experts.html

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Beat Your TicketState and local governments are increasingly relying on traffic ticket revenue fordaily operations. This book gives responsible motorists the means to protecttheir rights by addressing many types of tickets: speeding, reckless driving,defective equipment and more. Author David Brown practices law inMonterey, California. This is the latest in a series of books where he is looking out for the driver.

Member Price: $21.95Non-Member Price: $29.95Quantity________________$ Amount_______________

Every Woman’s Car CareMany motorists don’t have useful knowledge about the vehicles they drive.This book can help. While it was written by and for women, this book is anasset for anyone. Its 262 pages cover everything from how to read gauges to"jump starting" and trouble shooting. Its convenient size means you can easilykeep it in the car for quick reference, if the need arises.


Legal Research: How To Find & Understand The LawMany laws and statutes that you need to prepare your case are state specific,which means that you will have to do the research. This book gives you thebasic understanding of how to conduct legal research. The book explainseverything in easy-to-understand terms. It also uses many examples to explainits points. The examples are issues that most people have heard of and can relateto such as wills, small claims, and fighting tickets.


Guerilla Ticket FighterNow, while you're driving, you can learn how to fight traffic tickets and win. By purchasing this tape package, you will make an important first step towardbeing a victor instead of a victim. Guerilla Ticket Fighter will tell you how todefend yourself against traffic tickets using strategies that have provensuccessful for other motorists, just like you.

Please circle your choice—CD or Cassette Tape


If your NMA membership expiration date is on (or before) 05/01/06,this is your last issue of Driving Freedoms.PLEASE RENEW NOW TO AVOID ANY LAPSE!

NMA State Chapter Coordinators and Activists

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If you are interested in becoming an NMA Activist, contact us at:

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As an NMA member, the State Chapter Coordinators and Activists are available

to you online at http://www.motorists.org/join/membersonly/sccact.html

Dedicated volunteers who monitor, publicize, and lobby critical motorists’ issues, for you, within your state.

They can also provide insights on how to best fight a traffic ticket in your state.

transitions driving freedoms by james j. baxter, president, nma … · 2015-06-06 · "black...

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