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Attorney Fran Haasch
August 2009 Motorcycle Newsletter
www.LawFran.com


Hello Everyone,

Welcome to our August Newsletter.  I hope everyone has been able to enjoy the open road while dodging the rain drops and enduring the heat.

We’ve been to a lot of events since our July newsletter:  BTR’s Great American Biker Bash at Grass Flats, Hooters Bradenton Thursday Bike Night, August Rocks Largo, Snookers Crawfish Crabfest Biker Bash and Quaker Steak and Lube.  We’ve added over 400 pictures to our website! (Click here for event pictures)

Tony Wheeler, one of the winners of the Sturgis Giveaway, told me that they had the trip of a lifetime.  Although there was some inclement weather, it didn’t stop them from riding a couple hundred of miles every day in the most beautiful terrain he’s ever seen.  He’s been bitten by the Sturgis bug and can’t wait to get back next year.  We have some of the first pictures here.

Over the last couple of weeks, two people from our office have been involved in accidents where they were not at fault.  Fortunately, neither of them were riding their motorcycles, but were driving in their cages.  Both of them will hopefully make a full recovery; they are sore, but alive.  In one of the accidents, the road was wet; in the other, the road was dry.  In both accidents, the other drivers weren’t paying close enough attention to the traffic conditions.  Most people have so much going on this time of year that they are not focusing on the task at hand; kids going back to school, texting while driving, tourists on summer vacation, the heat, the rain, etc.  Please, be extremely cautious while out on the road, whether you are riding or driving.  Stay alert, stay safe and stay alive!

Attorney Fran Haasch
Palm Harbor

R.I.P. Bruce Rossmeyer

We would like to express our deepest sorrow and extend condolences to the family and friends of beloved Harley-Davidson mogul, Bruce Rossmeyer.  Mr. Rossmeyer was passing through Wyoming on his way to the Sturgis Bike Rally in South Dakota when the deadly accident occurred, he was 66 years old.

The family of Bruce Rossmeyer released this statement:  “Our family is grateful to have our communities come together offering an overwhelming outcry of support during this time of tremendous loss. There are no words to express the sadness in our hearts. Bruce was known for his loving heart and giving nature, seen by many as an active philanthropist for nearly two decades.  As an avid supporter of charities, our family asks that in lieu of flowers, please help us continue Bruce's lifelong commitment to helping children in our communities.” 

Bruce Rossmeyer was not only the owner of 15 Harley-Davidson dealerships, including the World’s Largest Harley-Davidson dealership located in Ormond Beach at Destination Daytona, but he also headed numerous philanthropic endeavors.  Mr. Rossmeyer is survived by his wife, five children, and seven grandchildren.

Royal Caribbean and Motorcycle Cruises

Entertainment and Travel Alternatives, Inc.(ETA), in conjunction with Royal Caribbean Cruise Lines, has added another port in which “Motorcycle Cruises” will be offered.  ETA has worked with Royal Caribbean for the past 7 years and offers these motorcycle cruises from Bayonne, New Jersey, Ft. Lauderdale, Florida and Miami, Florida. 

The plan is to add the Port of Baltimore to the list of ports offering cruise goers the chance to explore on two-wheeled transportation.  Steve Wallach of ETA announced that arrangements are being made to begin offering motorcycle cruises from the Port of Baltimore in 2010.

Prior to ETA, no one had ever booked a motorcycle cruise before and even now, they are the only travel agency to offer these motorcycling vacations.  ETA now books between 17 and 23 motorcycle cruises each year exclusively with Royal Caribbean Cruise Lines. 

Red and Blue L.E.D. Lights

Recently, a fellow rider approached me at Quaker Steak & Lube to ask about the presence of aftermarket Red or Blue L.E.D. lights on a street motorcycle.  Seeing the frequency with which riders install these L.E.D.s on their bikes, I decided to check the Florida Statutes concerning the legality of such lights.

The proper statutes in this instance are F.S. 316.2397-Certain Lights Prohibited; exceptions, and F.S. 843.081-Prohibited use of certain lights.  316.2397 provides that “[n]o person shall drive or move or cause to be moved any vehicle or equipment upon any highway within this state with any lamp or device thereon showing or displaying a red or blue light visible from directly in front thereof except for certain vehicles….”  The statute goes further to state that “[i]t is expressly prohibited for any vehicle or equipment, except police vehicles, to show or display blue lights.  However, vehicles owned, operated, or leased by the Department of Corrections or any county correctional agency may show or display blue lights when responding to emergencies.” 

Florida Statute 843.081 further discusses the use of blue lights and indicates that the lights were prohibited in order to protect citizens from becoming victims of criminal acts through the illegal use of blue lights by criminals.  A Florida Attorney General Opinion was released in 1999 regarding this issue and stated in short that “…section 843.081(2), Florida Statutes, prohibits the presence of blue lights on nongovernmentally owned vehicles, regardless of whether the blue lights are actually in use.”     

With the recent crackdown on exhaust modifications and correct license plate placement, it may not be far-fetched to assume that improper L.E.D.s might be next.  Statute 316.2397 labels it as a nonmoving violation carrying a $116.00 fine, whereas Statute 843.081 makes the uses of flashing or rotating blue lights a first degree misdemeanor.  This is not an exhaustive look at the legalities of aftermarket red and blue L.E.D. lights, but the moral of the story is to choose a different color to highlight the beautiful modifications of your motorcycle.

Staying Hydrated

Last month, we wrote an article about how even marginal amounts of alcohol can have an effect on your ability to operate a motorcycle safely and effectively.  This month, we felt it imperative to write about an equally important safeguard to operate your motorcycle safely and effectively.

As we make our way through the summer months, we are constantly reminded of how harsh the Florida heat and humidity can be.  Dehydration and heat stroke are two very serious threats that motorcyclists face in all climates and taking off layers is not the solution. 

As human beings, we depend on staying hydrated in order to function properly.  In the event that we do overheat, our body’s natural climate control kicks in and we start to perspire.  Motorcyclists are at a disadvantage in this regard because being in the open air has a tendency to prevent moisture from building up.  Taking off layers of clothing and riding in just a t-shirt and shorts, exacerbates this situation and leaves a rider with little to no natural ability to cope with the heat/sun.  This makes finding properly fitting gear with adequate ventilation, vital to safe riding, both in terms of protection from accidents and protection from the elements.     

The effects of dehydration on physical performance are well documented.  Dehydration can lead to damaging changes in our bodies, making a rider less comfortable and less alert.  Dehydration can also impair the function of the central nervous system, having an impact on sight, movement, and cognitive ability.  All of these functions are vital to riding safely and any impairment increases the risk of an accident. 

In lieu of this summer heat, please take the time to properly hydrate; please make sure to drink little or no caffeine/alcohol before going on a ride, no matter what the distance.  If you must have a cup of a caffeinated beverage, make sure you drink 8 ounces of water for every cup of coffee or soda that you drink.  Do not wait until you are thirsty or light headed before taking measures to prevent dehydration and/or heat stroke.

Legislators Slated to Raise Cost of Driving

In an effort to combat the failing economy and balance the Florida budget, Tallahassee legislators are increasing registration and renewal fees for motor vehicle tags and drivers licenses. 

The price for initially registering a vehicle is going to increase from $100.00 to a whopping $225.00.  Transfer fees for Florida titles will also see a substantial increase from $29.75 to $75.75.  Tag registration and renewal fees will increase as much as 66 percent, depending on the weight of the vehicle.

Motorcyclists will also experience an increase in registration from $24.60 to $41.65.  These new fees/rates will become effective September 1, 2009.

Emergency Contact Information

All too often, police officers are faced with the difficult task of attempting to contact the families of accident victims.  If this contact information is hard to come by, it may take several days to find and notify loved ones.

As a result, the Florida Department of Highway Safety and Motor Vehicles implemented the Emergency Contact Information system.  This system acts as an easy and secure way to voluntarily provide law enforcement with contact information for individuals who should be notified in case of an emergency. 

The Department started offering the Emergency Contact Information system more than two years ago.  However, approximately only 2.3 million Floridians have registered for the service.  This falls short when compared to the more than 15 million licensed drivers in Florida.

Attorney Fran Haasch
Palm Harbor
www.lawfran.com
 

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