HOUSE COMMITTEE ON TRANSPORTATION

February 19, 2003 Hearing Room 357

8:30 a.m. Tapes 25 - 27

MEMBERS PRESENT: Rep. Alan Brown, Chair

Rep. Elizabeth Beyer, Vice-Chair

Rep. John Mabrey Vice-Chair

Rep. Jackie Dingfelder

Rep. George Gilman

Rep. Mitch Greenlick

Rep. Cliff Zauner

STAFF PRESENT: Janet Adkins, Administrator

Ryan Sherlock, Assistant

MEASURE/ISSUES HEARD: HB 2398 – Public Hearing

HB 2419 – PUBLIC HEARING

HB 2432 – PUBLIC HEARING

HB 2579 – PUBLIC HEARING

These minutes are in compliance with Senate and House Rules. Only text enclosed in quotation marks reports a speaker’s exact words. For complete contents, please refer to the tapes.

TAPE/#	Speaker	Comments
Tape 25, A
003	Chair Brown	Calls meeting to order at 8:37 a.m., and opens a public hearing on HB 2398.
HB 2398 – PUBLIC HEARING
005	Janet Adkins	Committee Administrator. Offers description of HB 2398.
035	Bob Merritt	Corvallis, Oregon. Offers testimony in support of HB 2398, with reference to presented pictures (EXHIBIT A).
075	Ken Ray	BikePac of Oregon. Announces his organization’s support of HB 2398.
080	Rep. Mabrey	Ask whether either witness knows why there currently is a restriction on three headlights for motorbikes.
085	Merritt	Illustrates his belief that the current law possibly had reason in the past, but has no reason currently.
095	Rep. Zauner	Asks whether other states allow three lights.
100	Ray	Indicates that he does not have the figures, but knows that some states allow both three lights and the blue insert into taillights.
105	Merritt	Observes that the laws vary by state.
110	Rep. Greenlick	Clarifies that there is nothing in the bill restricting what type of lights can be used.
115	Merritt	Explains that he is under the impression that there are no type limits currently in the bill.
120	Rep. Zauner	Asks whether motorcycles have lights which can be switched between high-beam and low-beam.
125	Merritt	Explains that he does not think most bikes have dual lights.
135	Rep. Beyer	Clarifies that the insert being asked about if primarily aesthetic in nature.
137	Merritt	Concurs.
145	Jim Leshuk	Salem, Oregon. Offers testimony in support of HB 2398.
165	Sen. Bill Fisher	Senate District 1. Offers testimony in support of HB 2398.
175	Chair Brown	Asks whether the three light configuration applies primarily to older motorcycles.
180	Sen. Fisher	Explains that some models of both old and new motorbikes come with the three headlight configuration, and kits can be purchased to install the three-light configuration on other bikes.
185	Chair Brown	Provides past personal experience having blue-light inserts on cars.
190	Sen. Fisher	Recalls that he never saw any problem with the inserts in the past when they were legal.
195	Rep. Beyer	Asks whether the three headlights are independent of each other.
200	Sen. Fisher	Explains that his motorcycle has a switch that controls the two outside lights, and another that controls the third light.
210	Chair Brown	Ask whether these lights function like driving lights on cars.
225	Sen. Fisher	Details the function of motorcycle lights.
255	Rep. Mabrey	Describes past personal experience regarding the benefit of motorcycle headlights and the possible danger of blue insert lights. Asks if Sen. Fisher has any comments.
275	Sen. Fisher	Explains that he cannot recall any problems with blue-light inserts.
280	Rep. Zauner	Asks why HB 2398 excludes mopeds.
285	Sen. Fisher	Admits that he is unsure why mopeds are excluded, and defers to Rep. Close.
290	Sergeant Curt Curtis	Department of State Police. Offers written testimony (EXHIBIT B) regarding HB 2398, indicating the State Police are in support of the provision allowing three headlights, but have issues with the inclusion of blue-light inserts.
380	Rep. Greenlick	Asks whether there are specific statutes which describe headlights and specific candlepower restrictions.
385	Stan Porter	Oregon Department of Transportation, Transportation Safety Division. Discusses the Federal standards for headlight power and brightness, which Oregon follows for lack of relevant state statute. Offers written testimony (EXHIBIT C) in opposition to HB 2398.
395	Rep. Greenlick	Clarifies that these statutes address headlights and not auxiliary lights.
397	Porter	Concurs.
400	Rep. Greenlick	Clarifies that the lights in questions are headlights and not turning lights.
405	Rep. Greenlick	Clarifies that the bill as written does not apply to some of the lights in question.
410	Porter	Details which lights are affected by the bill and which are not, indicating the measure would need to be amended to address those other lights.
TAPE 26, A
030	Chair Brown	Asks Sergeant Lorimor if he has any testimony to present.
035	Scott Lorimor	Department of State Police, Patrol Division. Explains that he is there to answer any questions the committee might have.
040	Chair Brown	Asks whether motorcyclists are being cited currently for having these lights.
041	Lorimor	Explains he observes violations, but does not enforce often.
045	Chair Brown	Clarifies Sgt. Curtis earlier testimony on which lights are not problems.
050	Curtis	Agrees and observes that the State Police were unsure which form of lights the proponents of the bill were attempting to get exempt.
052	Rep. Greenlick	Clarifies that the lights in question are not exempt through HB 2398.
053	Curtis	Agrees.
055	Chair Brown	Clarifies the Turing lights are not auxiliary lights.
057	Curtis	Details the operation and classification of Turing lights.
060	Rep. Zauner	Clarifies that motorcycles made before 1959 are currently exempt from the laws limiting blue-light inserts, and asks why if these bikes are allowed the lights, why there is a problem with newer bikes having these lights.
063	Curtis	Explains that most of those bikes manufactured before 1959 are show bikes and seldom on the road, so therefore not a problem.
070	Rep. Zauner	Asks if it is easy to tell the year with motorcycles.
075	Curtis	Defers to Sergeant Lorimor.
080	Lorimor	Indicates that he is able to tell the difference between bike models and years.
085	Rep. Greenlick	Asks whether state patrol vehicles have more than one light.
090	Lorimor	Explains that the state patrol bikes have only one light.
095	Rep. Greenlick	Asks if HB 2398 passed, would the department switch their bikes to three-lights.
097	Lorimor	Remarks that given the funding and ability, he would recommend that change.
100	Chair Brown	Asks Mr. Merritt and Mr. Porter if they would be willing to work on the bill to make it accomplish better each side’s goals.
105	Rep. Greenlick	Explains that he would be happy to work on a compromise, but asks Mr. Merritt if he were under the impression that the bill as currently written would allow his three light configuration.
110	Merritt	Explains that he was under the impression that the bill would affect his motorbike, and states his perception of the bill.
115	Porter	Indicates his willingness to work on a compromise.
120	Merritt	Discusses the legal limits as to the wattage allowed for lights.
125	Chair Brown	Closes the public hearing on HB 2398, and opens a public hearing on HB 2419.
HB 2419 – PUBLIC HEARING
150	Janet Adkins	Offers a description of HB 2419.
170	Sen. Fisher	Senate District 1. Offers testimony in support of HB 2419.
210	Rep. Greenlick	Clarifies and questions the language of the bill as currently written.
225	Sen. Fisher	Expresses his assumption that the limited lights were only those which blinked.
230	Rep. Greenlick	Identifies those blinking lights as being the legal definition of headlights. Indicates the need for Legislative Councel verification.
235	Chair Brown	Points out his perception of the language.
240	Adkins	Explains that the modulating headlight is one which blinks between two brightness’s.
245	Sen. Fisher	Offers his perception of the wording of the bill.
255	Adkins	Explains how the lights pulse.
265	Randy Phipps	BikePac of Oregon. Offers an explanation of differing headlights.
290	Rep. Zauner	Expresses concern for the blinking lights in fog.
295	Rep. Mabrey	Asks how HB 2419 is consistent with the arguments for HB 2398.
305	Phipps	Discusses the language of HB 2419.
330	Rep. Mabrey	Indicates his perception that motorcycle visibility is supported by having multiple headlights as well the requirement to have lights on during the day.
350	Phipps	Explains his problem with the penalties which are repealed by HB 2419.
365	Sen. Fisher	Indicates his concern that motorcyclists be held to the same standards as other motorists.
370	Rep. Greenlick	Discusses the intent of the statute, and the confusion regarding the wording.
380	Melvin Yeager	BikePac of Oregon. Offers written testimony (EXHIBIT D) in support of HB 2419.
TAPE 25, B
035	Rep. Greenlick	Asks if a requirement that all motorists have headlights on at all times would satisfy Mr. Yeager’s fairness concerns, and whether Mr. Yeager’s concerns with the penalty would be alleviated if the penalty were repealed keeping the law intact.
040	Yeager	Discusses his group’s perception that only a repeal of the entire law would adequately address their concerns.
050	Rep. Greenlick	Details Mr. Yeager’s groups two primary concerns, and again asks why a complete repeal of the law is the only answer to these concerns.
065	Yeager	Explains his concerns with requiring all vehicles to have headlights on at all times.
080	Rep. Mabrey	Points out the importance of visibility, and discusses his view that the arguments presented by Mr. Yeager lack validity.
110	Rep. Beyer	Points out that each witness in favor of HB 2419 expresses their devotion to using headlights during the day, while simultaneously expressing their distaste for requirement of using headlights.
125	Yeager	Offers an explanation of how his organization feels that headlights are important, but they do not want to be required to use them.
140	Phipps	Offers written testimony (EXHIBIT E) in support of HB 2419, addressing the mechanical concerns with running headlights at all times.
185	Rep. Zauner	Expresses his concern with keeping the law intact while removing the fine.
195	Ken Ray	BikePac of Oregon, Executive Director. Offers testimony in support of HB 2419.
210	Jim Leshuk	Salem, Oregon. Offers testimony in support of HB 2419.
260	Rep. Greenlick	Points out his past work with BikePac of Oregon, but expresses his concern with these issues being clouded. Asking for delineation between technical concerns of the motorcycle community, and the concerns with lack of freedom.
295	Ray	Explains that those issues are for the most part intertwined, and that it would be difficult to separate the two.
315	Stan Porter	Oregon Department of Transportation, Transportation Safety Division. Offers written testimony (EXHIBIT F) regarding HB 2419 with reference to (EXHIBIT G).
380	Adkins	Enters into the record written testimony (EXHIBIT H) from Sergeant Curtis of the Oregon State Police regarding HB 2419 and HB 2432.
385	Chair Brown	Closes the public hearing on HB 2419, and stands the meeting at ease.
Meeting Recessed
386	Chair Brown	Calls the meeting back to order and opens a public hearing on HB 2432.
HB 2432 – PUBLIC HEARING
390	Rep. Jeff Kropf	Offers testimony in support of HB 2432, with reference to his personal experience when riding motorcycles, and when operating as a volunteer firefighter.
TAPE 26, B
001	Rep. Kropf	Continues with testimony in support of HB 2432.
050	Sen. Fisher	Offers testimony in support of HB 2432.
075	Rep. Greenlick	Asks if either Sen. Fisher or Rep. Kropf support assisted suicide, and if there were convincing evidence to increased mortality due to the passage of HB 2432 would that change their stance on the issue.
085	Sen. Fisher	Discusses his experience in regards to the requirement of wearing a helmet, and his view that helmets should not be required.
120	Rep. Kropf	Expresses his opposition to assisted suicide, and points out that such data would not affect his support for HB 2432.
135	Chair Brown	Points out that the motorcycle helmet laws were passed by the people of Oregon in 1988, and that 27 other states have similar such laws.
160	Bob Avery	BikePac of Oregon. Offers written testimony (EXHIBIT I) in support of HB 2432.
220	Ken Ray	BikePac of Oregon. Offers written testimony (EXHIBIT J) in support of HB 2432 with reference to (EXHIBIT K).
305	Rep. Greenlick	Refers to the Oregon Heath Policy Institute (OHPI) study aforementioned by Mr. Ray, which he directed, and points out aspects of that study.
335	Ray	Suggests that different studies point to different “facts.”
340	Rep. Greenlick	Clarifies Mr. Ray’s point that motorcycle ridership drops with mandatory helmet laws, and asks if Oregon’s riding population has decreased since the passage of such laws.
345	Ray	Explains that the ridership in Oregon has increased in recent years, but that there was a drop off in new vehicle registration, and indicates that he does not have the numbers involving vehicle-miles traveled.
355	Rep. Greenlick	Asks whether the witness, in lieu of compelling data that repealing mandatory helmet laws means more deaths would occur, would change his stance on HB 2432.
370	Avery	Responds indicating that he believes the compelling freedom issue is the most important, so therefore he would not change his support of HB 2432. Points out that he has seen data which indicates mandatory helmet laws do not increase safety, and might even cause more accidents.
380	Rep. Greenlick	Expresses his concerns in passing a bill which would indirectly cause six to seven more deaths each year.
405	Avery	Restates that the freedom issue is the primary concern as he sees it, and clarifies his earlier statement regarding the OHPI study.
TAPE 27, A
020	Ray	Addresses his views that additional deaths would most likely go up due to increased ridership, and those who choose to ride motorcycles inherently take the risk.
065	Lisa Millet	Oregon Department of Human Services. Offers written testimony (EXHIBIT L) in opposition to HB 2432.
125	Tim Duerfeltt	McMinnville, Oregon. Offers testimony in support of HB 2432.
155	Troy Costales	Oregon Department of Transportation, Transportation Safety Division. Offers written testimony (EXHIBIT M) in opposition to HB 2432.
190	Rep. Greenlick	Clarifies that the helmeted rider fatalities have remained relatively constant.
195	Costales	Concurs and continues with testimony.
225	Beyer	Asks what the requirements are in Oregon for personal injury insurance for motorcycles.
230	Costales	Indicates that he does not know, but can get the information for the committee.
235	Duerfeltt	Explains that it is the same as for an automobile.
240	Adkins	Explains that motorcycle policies are not required to have personal injury protection, while vehicles are required.
260	Rep. Mabrey	Asks whether there are any statistics on how the use of helmets lessens the amount of injury.
270	Costales	Refers to an article done by the Motorcycle Rider Foundation (EXHIBIT N), which contains a study addressing this issue.
280	Zauner	Asks whether Hawaii and its use of mopeds would skew the national statistics at all.
285	Costales	Discusses the article and what it addresses.
290	Chair Brown	Closes the public hearing on HB 2432, and opens a public hearing on HB 2579.
HB 2579 – PUBLIC HEARING
300	Janet Adkins	Committee Administrator. Offers a description of HB 2579.
310	Keith Underdahl	Albany, Oregon. Offers written testimony (EXHIBIT O) in support of HB 2579.
380	Chair Brown	Closes the public hearing on HB 2579, and adjourns the meeting at 10:54 a.m.
The following prepared testimony is submitted for the record without public testimony.
	Staff	Submits current statute(EXHIBIT P) regarding HB 2419.
	Staff	Submits proposed amendments to HB 2579 (EXHIBIT Q).
		Submits Motorcycle Helmet Use Requirements (EXHIBIT R) regarding HB 2432.
	Jim Leshuk	Submits State Motorcycle Equipment Requirements (EXHIBIT S) regarding HB 2419.
	Vincent Adams	Submits written testimony (EXHIBIT T) regarding HB 2432.
	Mitch Putman	Submits written testimony (EXHIBIT U) regarding HB 2432.

EXHIBIT SUMMARY

A – HB 2398, illustrative photos, Bob Merritt, 3 pp.

B – HB 2398, written testimony, Curt Curtis, 2 pp.

C – HB 2398, written testimony, Troy Costales, 1 p.

D – HB 2419, written testimony, Melvin Yeager, 1 p.

E – HB 2419, written testimony, R.M. Phipps, 3 pp.

F – HB 2419, written testimony, Troy Costales, 1 p.

G – HB 2419, Motorcycle Laws of the United States, Troy Costales, 2 pp.

H – HB 2419/2432, written testimony, Curt Curtis, 2 pp.

I – HB 2432, written testimony, Bob Avery, 3 pp.

J – HB 2432, written testimony, Ken Ray, 4 pp.

K – HB 2432, AMA Position in Support of Voluntary Helmet Use, Ken Ray, 4 pp.

L – HB 2432, written testimony, Lisa Millet, 4 pp.

M – HB 2432, written testimony, Troy Costales, 6 pp.

N – HB 2432, Safe Cycling 1998 Helmet Guide, Troy Costales, 26 pp.

O – HB 2579, written testimony, Keith Underdahl, 2 pp.

EXHIBITS PRESENTED AFTER MEETING

P – HB 2419, Current Statute, Staff, 1 p.

Q – HB 2579, Proposed Amendment, Staff, 1 p.

R – HB 2432, Motorcycle Helmet Use Requirements, Staff, 1 p.

S – HB 2419, State Motorcycle Equipment Requirements, Jim Leshuk, 1 p.

T – HB 2432, written testimony, Vincent Adams, 1 p.

U – HB 2432, written testimony, Mitch Putman, 1 p.