conflict of interest driving freedoms by james j. baxter, … · 2015. 6. 6. · dui expertise,...

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: ................................Ivan SeverGuest Writer: ............................Josh WardellGuest Writer:..............................Mark HalterGuest Writer: ........................Dan J. Gardner

COVER“Legislative Drive”

2222 DDrriivviinngg FFrreeeeddoommss NMA Foundation March/April 2006

Conflict Of Interest ..........................................2

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

Still Racing Strong ..........................................3

Driving In Britain? You’ll Be Watched. ........4

Canada Plans To Slow Down Trucks............4

Speeding Up In The Auto State .....................6

Suddenly Safety Is A Concern.......................6

Energy May Be A Problem, But Ethanol

Isn’t The Solution ............................................7

A Report On 2006 NMA Initiatives................8

NMA Massachusetts Holiday Party.............11

Putting Laser Jammers To The Test...........11

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

William J. Holdorf (1926-2006).....................13

Thank You, BMW CCA!.................................13

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

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

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

Lately, there's been a lot ofchatter about political ethics (Iknow it's an oxymoron), businesstransparency, and people inpositions of authority who use thatauthority for their own economicadvantage. The press seems to "getit" when Senator Smith is caughtcollecting bags of money fromlobbyists or when a major businesstanks because insiders have beenrobbing the company blind.

But, when some state decides tosteal hundreds of millions of dollarsfrom motorists, the media mavinsare on vacation. Either that or theyare incapable of recognizing ablatant scam that rears up like apurple elephant at a cat show.

We have had the "opportunity"for more exposure than usual to theVirginia legislature. Last year, weactively supported the "sun-setting"of the red light camera law. (Thedemise may be short lived, butthat's another story.) This year, wecampaigned to repeal that state'sban on radar detectors. We were notsuccessful in this latter effort, but asimilar bill may surface during nextyear's session.

Last year and this year, a billwas introduced in the VirginiaLegislature to "punish dangerousdrivers." This is code for furtherripping off citizens who acquired acouple of traffic tickets. Receivinga traffic ticket has a lot more to dowith how much someone drives,rather than how they drive.

We're not talking pocket changehere. If you have four or morepoints on your license, you will befined $100. If you have more thanfour points, you will be fined anadditional $75 per point. There arealso fines for specific violations inaddition to what you will becharged for points.

A reckless driving ticket, forexample, will cost you $350 on topof the point fees! The fiscal

estimate calls for this law togenerate $600 million dollars instate revenue. This is 30 percent ofthe total money programmed forhighway projects!

So who's championing thispublic campaign to add insult toinjury for traffic ticket recipients.The state police? UnderemployedMADD volunteers? The InsuranceInstitute for Highway Safety?Nope. None of the above.

The sponsor of this legislation isDelegate David Albo, from FairfaxCounty. And, what does Mr. Albodo when not sticking it to motoristsin the House of Delegates? Why,he's a traffic ticket attorney, apartner in a firm specializing inhelping people on the verge oflosing their driver licenses. Hisfirm puts lots of emphasis on theirDUI expertise, which may becomeeven more in demand, if DelegateAlbo's new DUI surcharge of $750becomes law.

That begs the question, whywould anyone want to hire anattorney who is responsible formuch of their predicament in thefirst place?

Well, most folks won't know or realize that they're dealing with someone playing both sides f the deck. And, they aren't gettingany help from the press. The dotsaren't that hard to connect—alawyer that specializes in traffictickets is the legislator pushing forharsh traffic ticket penalties thatwill push ticket recipients to hirelawyers to defend them againstharsh traffic ticket penalties. Is thistoo hard to understand?

Sounds like a conflict of interestto me. If a legislator promoteslegislation that will steer businessto his company, it would certainlybe recognized as unethical. What'sthe real difference from this andwhat Delegate Albo is doing? Iwould certainly like to know.

Driving FFreedomsNMA Foundation

Conflict Of Interestby James J. Baxter, President, NMA

Editorial Staff

TABLE OF CONTENTSVolume 17 • Issue 1

Ray Statz could not afford a racinghobby until he was 25 years old. Then,in his words, "I kinda O-D'ed andfound myself racing cars, tractors,snowmobiles, and motorcycles." Hefinally settled on motorcycles. Afterage 50 he retired from the enduro andice racing circuit, but he didn't take upgolf. His business, Qualine Fence, andhis family consumed most of his time.

When 60 started to crowd 70, Raywas introduced to autocross. For his69th birthday, one of his sons treatedhim to a day of autocross. He opted todrive his VW ten cylinder diesel! Thatproved to be not quite the perfect toolfor the job. But, Ray was hooked and

that winter he set out to buy a better"tool" for the task at hand. The resultwas a replica of the Porsche 550Spyder (think James Dean). It becamehis 70th birthday mid-life crisis present.

After one season of six races, the carlooks great—the race results not sogreat. The steering and the suspensionleft something to be desired and theVW bug transmission was charac-teristically temperamental. There werethose who thought a former tractor"racer" might have been lacking inpiloting skills, but that thought wasquickly dismissed.

In all racing there is the catch phrase"wait until next year." And Ray

reflects, "I now have a hobby thatconsumes much of my thinking time,most of my social security checks, and keeps the blood flowing. And, the ten cylinder VW is the perfect tow vehicle."

3333March/April 2006 DDrriivviinngg FFrreeeeddoommss NMA Foundation

The legislative session in 2006will be shortened by the upcomingNovember elections. Historyindicates that political rhetoric inelection years often slows the paceof legislating to a crawl. Despitethis, the NMA will seek twolegislative initiatives at the federallevel to pursue our agenda ofsupporting your rights. The first is aclarification regarding the usage ofthe data captured by Event DataRecorders (EDRs) or "black boxes"and the owners' rights associatedwith that data. The second is aprohibition of federal funding forautomated enforcement devices.

Our first initiative is designed tofill a void left by a jurisdictional gapregarding EDR data that the courtsare filling in on an extemporizedbasis. Many new vehicles producedtoday include an EDR that monitorsthe vehicle and stores data in theevent of an accident. Thesemonitors were initially placed in

vehicles to assist research onvehicle accidents, and werepromoted as safety devices.

For the most part, the Americanpublic has no knowledge of theexistence of these units, let alonethe potential liability they can be.To date, courts have generally heldthat data from EDRs is suitable asevidence in court proceedings andmay be used against the owner ofthe automobile to convict him or her of a crime. Among other things, the obvious questionsregarding the right to privacy and the fifth Amendment of theU.S. Constitution remain largelyunresolved despite repeated use of this data by the courts.

Automated enforcement devicesare also a target of this year'sinitiative. Our newsletter, DrivingFreedoms, has often covered thetopics of red-light cameras andphoto radar. You may even livewhere they are in operation and,

even if you don't, there is a goodchance you will drive through ajurisdiction with this technology.

These systems are rigged toproduce tickets regardless of safety.In order to make money from thesedevices, law enforcement must setthem up in a manner that optimizesinfractions. Typically this is inareas where speed limits are too lowor intersections' yellow lights aretoo short for existing conditions. Ifyou are skeptical about this critique,consider that the revenue sharingagreements under which theseprograms operate make no sensewithout a profit motive for thebusinesses that run the systems.There is no justification for thefederal government to subsidize theinstallation of these systems.

These two initiatives present anopportunity for the NMA to protectits membership and the drivingpublic. We have an aggressiveagenda for 2006, and we will needthe help of the membership toweigh in on our behalf and assist uswith passing these provisions. Withenough input, these protections canbecome law.

NMA Washington Reportby Robert Talley, NMA Lobbyist

Ray Statz is a long time member,supporter, and friend of the NMA.

Still Racing Strong


Great Britain is set to become the first country in the world where the movements of all vehicles on theroads will be tracked and recorded.Authorities are busy updating anetwork of thousands of existingcameras so they can automatically read license plates. Day and night,these cameras will film motorists'activities on main roads, bridges, ports,and at many gas stations.

The government's Orwellian plan isto build a huge database of vehiclemovements so the police and securityservices can analyze any journey adriver makes. The new surveillancesystem will hold all license-platerecords for at least two years.

The database, which will be up andrunning later this month, will store over35 million license-plate readings perday. Each record will include time,date, and precise location. The systemwill automatically crosscheck eachlicense plate against a list of stolen andsuspect vehicles. All vehicles will alsobe checked to see whether or not theyare lawfully registered, insured, and

have a valid emissions test certificate.Even though the system is in its

infancy, there are already plans toexpand the database by increasing thestorage period to five years. Also,plans include linking thousands of

additional cameras to the system, sothat details of up to 100 million license-plate records can be stored each day.

The Association of Chief PoliceOfficers (ACPO) orchestrated thisscheme, and it has the full backing ofthe national government. Localauthorities have also been supportive ofthe heavy-handed plan; dozens havesigned agreements to allow the policeto convert thousands of existing trafficcameras so they can read license platesautomatically. Likewise, authorities are

courting private business owners withthe hope that they can expand thecamera system into most businessparking lots.

According to the strategy documentdrawn up by ACPO, the national datacenter, where the database will belocated along with the Police NationalComputer, will be at the heart of asurveillance operation that would helpto prevent crime. Admittedly, the newdata center will provide unrivalledopportunities to gather intelligence dataon the movements and associations ofgangs and terrorists.

However, it will also be used totrack the detailed movements ofmillions of law-abiding people. Itcould then be used to expand remotetolling schemes, like the one in London,nationwide. It could also be expandedinto a nationwide speed enforcementsystem as well. Amazingly, the dissentover this radical program has been verylimited. As photo enforcement expandshere in the United States and Canada,one wonders if the system in GreatBritain is a vision of our future.

Driving In Britain? You’ll Be Watched.

For decades, split speed limits havebeen used to try to slow tractor-trailers.This type of dangerous speed limitcontributes to differences in speedbetween truckers and other motorists,which in turn, leads to more accidents.This is just one reason why split limitshave disappeared in many locations,although they still persist elsewhere.

Unfortunately, Canadian authoritiesare now considering a plan that makesthe threat of split speed limits seemmild by comparison. The proposedpolicy would make the activation of"speed limiters" mandatory in semis.

In the last issue of DrivingFreedoms, we reported on speed-limiting devices being testing invehicles in Canada. These unitscombine global positioning satellite(GPS) technology and a digital speedlimit map to limit a driver's ability to

accelerate in particular speed zones.Technologically, the proposed trucklimiters would be far less sophisticated,but they would also limit drivers'maneuverability, and could therefore bejust as dangerous.

According to the Canadian TruckingAlliance (CTA), support for thisproposal is growing among Canada'sprovincial trucking associations. Infact, the Ontario Trucking Associationis responsible for the idea of limiters.Under their proposal, no trucks wouldever be able to travel faster than 105km an hour—about 65 mph.

The CTA has not yet ratified aposition on the use of "limiters," but its chief executive officer, DavidBradley, said that the issue will likelybe discussed by the group's board this spring.

The CTA's support for such ameasure may seem surprising, butgiven that large trucking firmsdominate the organization, it actuallyfits a long-standing pattern. Forexample, in the United States, largetrucking firms have often supportedlower speed limits. Meanwhile, groupslike OOIDA, which represent onlyowner-operators and independentdrivers have sought the exact opposite.For large firms, there is no incentive tospeed up transit, rather they benefitfrom a system that does not allow theircompetitors to move goods moreefficiently than they can.

Canada Plans To Slow Down Trucks

5555DDrriivviinngg FFrreeeeddoommss NMA FoundationMarch/April 2006


Lately, there has been a flurry ofdevelopment on the speed limit front inMichigan. Amazingly, it is mostlygood news.

First of all, the Michigan Court ofAppeals ruled that the MichiganDepartment of Transportation (MDOT)and the Michigan State Police (MSP)have the authority to make speed limitdecisions on state roads, regardless oflocal objections.

The court's decision appears to haveended a multi-year battle between thecity of East Lansing and state officials.Some time ago, a speed study con-

ducted by the MSP at the request ofEast Lansing concluded that the speedlimits along Saginaw Highway andGrand River Avenue, which are bothstate roads, were too low and causedunsafe travel conditions.

Higher speed limits were proposed,but the city resisted and took the matterto court. Initially, the city's challengewas successful at the circuit court level.However, the appeals court overturnedthat decision. The three-judge panelwrote in their opinion, "It is clear thatthe legislature treats business districtsand school zones differently than other

sections of highway, but it is not clearthat the legislature intended to transferexclusive control of speed limits inthese sections to local governments inthese areas."

In most other states, motorists mightcringe at the thought of state policebeing given more authority over speedlimits, but in Michigan this is goodnews. The State Police have shown asincere desire to raise many ofMichigan's under-posted limits. TheMSP and traffic engineering firmHubbell, Roth & Clark recentlyproduced a brochure about settingrealistic speed limits, which stresses thesame points the NMA has for decades.

Another critically outdated aspect ofMichigan's speed law is about tochange for the better. GovernorJennifer Granholm recently signedHouse Bill 5104, which will raise thefreeway speed limit for heavy trucksfrom 55 to 60 mph, while the limit forother vehicles would remain 70 mph.The elimination of the state's split speedlimit would have been better, but this isstill a step in the right direction. Thenew speed limits for trucks will go intoeffect November 9, 2006.

Potentially the biggest newsmakerof all is House Bill 5240, which wouldradically change the way Michigan'slocal speed limits are set. If the billpasses, speed limits would be deter-mined according to the number ofaccess points (entrances and exits)along a road.

For example, the speed on a roadwith 60 or more access points per halfmile would be set at 30 miles per hour;for roads with 45 to 59 access pointsthe speed would be 35 miles per hour;and for roads with 30 to 44 accesspoints it would be 45 miles per hour.The net result would be higher speedlimits on most streets. The act wouldalso raise the minimum speed onfreeway to 55 miles per hour. Thelegislation, which is sponsored byHouse Majority Whip Brian Palmer,has passed both Houses, althoughminor variations remain to bereconciled before the bill is signed.

Speeding Up In The Auto State

A few months ago, wereported on Coopertown,Tennessee. The gist of the articlewas that Mayor Danny Crosbyhad reduced speed limits in thecity to specifically generatemoney. This was done withoutconsulting any traffic engineers or any agency that would have an understanding of speed limit safety.

The controversy over thismove continues. The communityis upset not only with the speedlimit change (even the citycouncil is questioning the legalityof this), but also that their city isgarnering negative attentionnationwide due to the NationalMotorists Association.Specifically, our Speed TrapExchange (www.speedtrap.org)has listed Coopertown as anofficial speed trap and the mediais jumping all over thisdesignation.

It has also been reported thatMayor Crosby is going to returnthe speed limit to the original 55mph. He is citing safety reasonsfor this about-face.

"I'm not going to get someinnocent person killed," explainedCrosby. "I witnessed a persondoing the speed limit and threepeople passed crossing the doubleyellow lines. The last one almosthad a head-on collision doing 70(miles an hour). I know this for afact because it was me."

In other words, until Crosbywas almost hit head-on and hewas put in danger, the lowerlimits weren't a problem.

He denies he is doing thisbecause of the many complaintshe has received, pressure from thecity council, or bad publicity fromthe media.

"All of the ugly letters thathave been written, I want thesepeople to know that their badopinions have had nothing to dowith the change," said Crosby."The change has been made forthe safety of Coopertown."

This ignores the fact that itwas Crosby who caused thedanger in the first place simply tobalance the city's budget.Hopefully, residents will keep thisin mind during the next election.

Suddenly Safety Is A Concern


Even though driving affects millionsof people every single day, issuesfacing motorists are rarely at theforefront of public policy. Our leadersbelieve that there are more importantproblems that need to be addressed, andin some cases, they are right.

A recent exception to this rule isgasoline prices, which made headlinesall summer long, and have again begunto creep upwards. This contributed toPresident Bush's decision to mentionthe need for renewable fuels during hisState of the Union address in January.

Providing for our growing energyneeds is certainly an issue. Thepresident has called for "an advancedenergy initiative" that would, amongother things, replace more than 75percent of U.S. oil imports from theMiddle East with homegrownalternatives like ethanol by 2025. Idon't claim to have the answer to ourenergy problems, but I know thatethanol shouldn't be part of it.

For decades, Archer DanielsMidland (ADM), that self-proclaimed"supermarket to the world" and leadingethanol producer, has tried to positionethanol as the poster child of renewableenergy. They have won the support ofmany politicians and the media bypromoting a romantic image ofdowntrodden farmers freeing ournation from the reign of greedy oilbarons, all while protecting theenvironment. You may have found thisconcept romantic yourself. As a farmerkid from the Midwest, I have to admitthat I did. However, it simply is notbased on reality.

First of all, ethanol is not good forthe environment. Rather, itsenvironmental problems have longbeen obvious. The Clean Air Act of1977 actually banned products such asethanol, and EPA testing showed thatvehicles using ethanol produced moredangerous emissions than cars usinggasoline. Later, the Clintonadministration toyed with the idea of anethanol mandate. Associated researchconducted in 1994 and 1995 found thatethanol did not have a positive

environmental impact. American farmers do not benefit

either. First of all, a good deal of theethanol produced abroad is made fromsurplus European wine, among otherthings. Furthermore, even if all of our"homegrown" fuel was actually grownat home, its benefits for farmers wouldbe dubious at best. Ethanol productiondoes boost the price of corn, but thiscost is passed on to farmers who raiselivestock. The so-called benefits ofethanol are a classic example ofrobbing Peter to pay Paul. Higher feedcosts get passed on to consumers.

Now that we've dispelled the twomost prominent myths about ethanol's"wonders," why stop? Ethanol iscertainly not short on problems. Forexample, ethanol-blended fuels candamage older cars, motorcycles,snowmobiles, and boat engines.Ethanol will lower your gas mileage.Each gallon of ethanol contains abouttwo-thirds as much energy as doesgasoline, so the decrease in miles pergallon is even greater when the fuelblend contains more ethanol.

The last nail in ethanol's proverbialcoffin is that it is not produced by a

sustainable industry. The federalgovernment already subsidizes ethanol by over one billion dollars ayear, and that is on top of subsidiesprovided by numerous states. Rightnow ethanol is so labor intensive andexpensive that some studies haveshown that it expends as much or moreenergy to manufacture than the endproduct provides for consumers. That'sright, ethanol may have a negativeenergy impact! The day may comewhen oil prices will be so high and bio-fuel production methods will have improved so greatly that ethanolis a practical economic alternative, but we are a long way from that point, and even then ethanol still has shortcomings.

Yes, oil prices have been higher thanwe are used to, and yes, this problemwill only grow in the future. Alter-natives to oil should be researched, but there is no reason, at this early stage, to rush into policy commitments.When one looks at the alternative fuel playing field, there are nothing but possibilities. Let's not settle for ethanol.

Energy May Be A Problem, But Ethanol Isn’t The Solutionby John Holevoet, Director of Development

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There is no lack of news to report regarding the spread ofphoto enforcement. Some of it is positive, some is negative.The rapid spread of this technology and the ever-broadeningscope of its capabilities have motivated us to make photoenforcement one of our top legislative priorities.

Let's begin with the good news. In West Virginia, a bill isadvancing that would require a police officer to be presentnear any photo radar unit. Delegate Randy Swartzmiller,who was incensed after receiving a camera ticket in Ohio,sponsored the measure. The bill, H.B. 4004, made it quicklythrough committee, and has passed the House of Delegatesby a vote of 88-3. The proposal has moved on to the state'ssenate, where its prospects are good.

Elsewhere, the developments were often more complex.For example, Florida representative Ron Reagan againintroduced legislation that would enable local governmentsto install red-light cameras. House Speaker Allan Benseopposes the measure and won't allow the legislation to comeup for a vote. Unfortunately, when Bense's term as speakerruns out, the chances of the measure passing are very good.

Camera advocates in Virginia failed to reactivate thatstate's ticket-camera program. Despite their best efforts,

8888A Report On

DDrriivviinngg FFrreeeeddoommss NMA Foundation March/April 2006

"Would you like to come to a conference where everyonewill disagree with you?" "Sure," I said. After over two yearsof working for the NMA, I am used to championing theminority view. In this case, I could be even bolder becausedespite the views of other conference attendees, the publictends to see things our way.

The NMA had been asked to participate in a paneldiscussion relating to the legal and privacy implications ofEDRs in vehicles. I was chosen as our representative, and Iwas looking forward to learning more about these devices,especially because details relating to them are so sketchy. Ialso thought the conference would provide me with anopportunity to see what the opposing side in this debate hadto say, particularly given the fact that we were makinglegislation on EDRs a top priority for NMA.

First of all, the conference certainly was a learningexperience. I heard about the history of the technology, moreabout how these devices work, and how data is typicallyrecovered from them. It became clear that the preferred typeof EDR is a Vetronix-compatible unit found in most GM andsome Ford models during the past several model years. Data

In The Lion’s Denby John Holevoet, Director Of Development

The Good, Bad, And Ugly

Issues facing motorists are many andvaried, but after careful consideration,the NMA staff has identified two areason which to focus the association'snational legislative efforts.

The first is regulating the use ofEvent Data Recorders (EDRs) or "blackboxes" in cars. Every year, these devices become more pervasive andrecord more data, which can be usedagainst unsuspecting motorists. Themost frightening aspect of these devicesis not their current application, but themanner in which they could be used asthis technology continues to advance and change.

With this in mind, the NMA hopes topass legislative safeguards relating toEDRs, which include regulations thatwould make the public more aware ofthese devices. This educational effortwill help us to empower consumers,allowing them to opt out of EDR datacollection by turning the device off, have

easier access to EDR data themselves,and protect themselves from coerciveinsurance practices. Additionally, weplan to protect motorists' privacy byensuring the EDR data does not containany identifiers and that data could onlybe obtained with the vehicle owner'sconsent or a formal court order.

Our other major legislative effortwould be to establish guidelines for theuse of photo enforcement and linkcompliance to federal funding. Thiswould allow the NMA's opponents toface the same threat of federal blackmailthat they have used in the past.

Our proposed standards would makeit far more difficult for cities to installticket cameras and would effectivelyeliminate profit from these devices. Firstof all, all photo radar would have to besupervised, and all photo enforcementdevices would have to undergo routinedaily testing for accuracy. Intersectionsor roadways with photo enforcement

would have to meet specific standardsfor posted speed limits and yellow-lightintervals. Our ideal legislation wouldalso provide various legal protections formotorists, such as a requirement thatphoto enforcement citations be handledthe same as officer-issued tickets forsimilar offenses.

We set our sights high in 2006, andwe hope to deliver tangible results. Toensure our success, we need your help.First of all, we ask that you considersupporting our effort financially. Youcan use the form on the next page tomake a contribution. Also, as ourlegislative efforts advance, we'll needyour help convincing legislators tosupport our measures. Thoughtful lettersto your congressional representatives canmake a serious impact. For updates onthe NMA's legislative progress, look forfuture articles in Driving Freedoms andon our web site, www.motorists.org.

Legislative Drive 2006

continued on page ten continued on page ten

99992006 NMA Initiatives

DDrriivviinngg FFrreeeeddoommss NMA FoundationMarch/April 2006

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modules from other manufacturerswere usually more limited and oftenmore difficult to access.

As for Vetronix units, I received adetailed list of the different modules inuse, which vehicle makes and modelsthey could be found in, and what datathey recorded. This information iscertainly valuable, and NMA membersinterested in it can feel free to contactour office for more information.

I also learned about the strengths ofthe technology, like the durability ofthese devices, and their faults, such asthe lack of pre-crash data from somemodules and errors that can contributeto incorrect speed measurements.

As for my spot on the panel, I was alittle nervous about it. Especially,because the morning before I was

supposed to speak, another person gavea presentation on "rational policy" forEDRs, and spoke of privacy as if itwere a dirty word.

However, when the time came forthe panel, I was ready. I shared thespotlight with Chris Voeglie, aninvestigator for the NationalTransportation Safety Board; BradMuir, a Constable with the OntarioProvincial Police, who has used EDRtechnology for many years; and BillMelkonian, an Assistant DistrictAttorney from Essex, Massachusetts,who has used EDR data for severalprosecutions. The discussion wasanimated, and I made our points as bestI could within the established question-answer format.

Afterwards, I slipped off to my hotelroom hoping to avoid any possibleconfrontations. Oddly, I found thatduring the next day, I was constantlybeing congratulated on doing a good

job, and numerous attendees confidedthat they agreed with us in whole or atleast in part.

These little asides drove home thepoint that our call for regulating thesecontroversial devices is not onlyreasonable, it enjoys popular support.It is easy to fall into the mindset ofconstantly being on the defensive. Myexperience in this regard certainlyhelped at this conference. The goodnews is that beyond the insulated groupof conference attendees, we enjoybroad support for legislative controlson EDRs.

Better still, all of the conferenceattendees, even those who vehementlydisagree with us and see no privacyconcerns related to these devices, knowthat the public's view is closer to oursthan their own. So much for thedefensive, we are perfectly poised to goon the offensive with this issue, and in2006, we'll do just that.

support from the Virginia Senate, and atotal of three different bills that wouldhave suited their purposes, the HouseMilitia, Police and Public SafetyCommittee once again killed all of thepro-camera measures. One lonesenator is attempting a last ditch effortto renew cameras. NMA Activist JimKadison is monitoring the situation,and we're hopeful this attempt will fail.

Springfield became the latest city inMissouri to move forward with a planfor red-light cameras. However, thereis hope that S.B. 719, legislation thatwould prohibit their use anywhere inthe state, will be successful. Similarly,in Arizona, plans by municipalities touse photo radar on state and/or limited-access highways have progressed, butthis has motivated several legislators tocall for more limits on photoenforcement. The key bill to watch isSB 1146, which is the only measurethat would totally ban the use of photoradar on limited-access, or interstate-like, highways. This bill has alreadypassed the state senate and will be

taken up by the House TransportationCommittee soon.

Now it's time for the ugly. Thesenegative developments highlight someof our future challenges. In December,outraged residents of Akron, Ohiobombarded their city council withcomplaints about Akron's then newphoto radar system. The cameras hadbeen issuing $150-250 tickets to thosedriving as little as five miles-per-hourover the limit in poorly marked schoolzones with no children present. Toquell dissent, the council retroactivelylowered the fine to $35 and issuedrefunds for the difference. However, asof February 22, the tickets will be backup to $100.

Meanwhile, the Illinois State Policeand Chicago Police Department areboth planning a broader use of cameras.The Chicago police have unveiled ahigh-tech sport-utility vehicle that canscan the license plates of as many as3,600 vehicles per hour. The IllinoisState Police are also rolling out a newvan that will help dispense tickets at arapid rate. State police estimate that forevery ticket a trooper could issue in thetraditional manner, the new vans willbe able to issue sixteen.

Lion’s Dencontinued from page eight

Good, Bad, Uglycontinued from page eight


The Holiday Party of theMassachusetts Chapter was originallycancelled due to a blizzard. However,Friday, January 13th proved to be alucky day for our rescheduled event.

NMA member Scott Downs broughttwo LIDAR guns. He showed us avideo of a LIDAR tracking a car, andpointed out the instances when the

LIDAR's read-out clearly indicated anincrease in the distance and in thespeed of a car, which was continuouslyapproaching. So much for the theorythat LIDAR is infallible.

After a social hour, we did sometesting in the parking lot and one thingbecame obvious: The mounting of aLIDAR detector or diffuser is critical.

Unlike radar detectors, if grills andwindshield wipers are blocking theirview, they will not work correctly.

Overall, the evening was a successand the LIDAR demonstration was notonly fun, but very educational. Thanksagain, Scott.

NMA Massachusetts Holiday Partyby Ivan Sever, Massachusetts State Chapter Coordinator

As Ivan mentioned, Scott Downsfrom Quattro123.com brought twoLIDAR guns to the National MotoristsAssociation meeting on Friday. Inaddition to letting us try out the gunsand showing videos of their inaccuracy,we later went out to the parking lot totest them. They were impressive,giving accurate distances of evenstationary cars off of any surface, notjust reflective plates or headlights. But,we had a very unique opportunity;those of us with LIDAR jammers (orlaser shifters or whatever else you wantto call them) could finally see just howwell they worked first hand.

I had installed my Bel 904 (same asthe Escort ZR3) myself about a yearago but since have only come across

one officer with a laser gun, and I wasalready well below the speed limit, so Ihad no idea if it was actually working.Furthermore, every inch of my car wascovered in dirt and salt, which couldcertainly make them less effective. Wewent out to an area of the parking lotwhere we had a long straight shot, anddrove towards the laser gun. Twopeople had K40 units installed and bothof those almost never worked. Theother MINI with the Blinder systemworked flawlessly. And happily, myunit prevented the gun from getting areading at all distances. In fact, I wassurprised just how far away I was andits jamming was effective, despite theroad grime.

An interesting note was that my

dash-mounted radar detector onlyoccasionally rendered a laser alert (ofcourse that is a useless function, theyinstantly have your speed at that point),illustrating that the beam is smallenough to hit your front bumper but notyour windshield. The two K40 ownerswere very upset, as they had themprofessionally installed. I later spottedtheir main issue; they were installed farbehind the front grills, which blockedtheir transmission beams. It didn't helpthat the K40s had very small infraredwindows as well. It is astonishing thatthe installers made this simple mistake.In the end, I was very glad to see bothmy unit and my installation were worththe investment.

Putting Laser Jammers To The Testby Josh Wardell, NMA Member

Scott is pointing out a wall

of the

pub is moving at 2 mph.

MA NMA members socializing. Scott is trying to clock Josh

Wardell's jammer-equipped MINI.

AlabamaRepresentative Bill Grimes has once

again introduced legislation, H.B. 35,which would authorize the use of red-light cameras. Currently, thelegislation is pending in the HousePublic Safety Committee. Similarcamera bills have been pushed almostevery legislative session in the pastdecade. The bill is unlikely to pass.

FloridaRepresentative Ron Reagan has

again sponsored a bill that would allowlocal governments to install red-lightcameras. Fortunately, House SpeakerAllan Bense staunchly opposes themeasure. With the power to decidewhich bills will or will not be voted on,the speaker can guarantee that thelegislation never makes it to the floor.

IllinoisElderly motorist Morris Yellen

found $50 on the floor of theNaperville Department of MotorVehicles. He turned it in, with theunderstanding that he would get it backif no one claimed it. Instead, theagency put the money in its road fund.His pleas to Secretary of State JesseWhite were rebuffed. Finally, after heand his wife contacted a Chicago tele-vision station regarding the situation,the state agreed to refund the $50.

IndianaState transportation officials are

considering fining motorists who causeaccidents that lead to traffic jams.Dubbed a "bad driver surcharge," thefee is allegedly intended to curtailtraffic-snarling crashes on Indiana'smost congested interstates and roads.In reality, it is simply another way forthe state to shake down motorists.

IowaLast year, Iowa raised its interstate

speed limit from 65 to 70 mph. Now, a

state legislator wants to raise themaximum speed limit on secondaryroads from 55 to 60 mph. The bill isnot without its opponents, who citeboth safety and fuel consumptionconcerns; however, the bill still has thesupport of several other legislators inDes Moines.

KentuckyS.B. 103 has passed the Senate

Transportation Committee and willsoon face a vote before Kentucky's fullsenate. This legislation would changethe statutory speed limit on statehighways to 70 mph on interstates andparkways, and 65 mph on other fourlane roads (regardless of whether or notthey are divided). It would also permitany other speed limit to be raised up to70 mph on those roads with 55 mphunder current law. Governor ErnieFletcher is supportive of the measure.

MarylandThe House of Delegates and the

Senate voted to overturn GovernorRobert Ehrlich's veto of a bill thatwould authorize the use of automatedspeed cameras in Montgomery County.Lawmakers in the Democrat-controlledGeneral Assembly have overriddenvetoes by Republican Ehrlich 13 timesthis year. That is more vetoes than itoverrode during the 16 years of the lasttwo Democratic administrations.

MassachusettsH.B. 2011, a bill to ban the sale

or installation of "an exhaust systemthat has been modified in a mannerwhich will amplify or increase thenoise emitted by the exhaust," wasapproved by the Massachusetts JointTransportation Committee. The billexcludes limited-use "antique motorcars," in an attempt to divideautomotive enthusiasts. The billsponsor is convinced this will aid in the measure's passage.

New JerseyNew in 2006, tolls for E-ZPass users

on the New Jersey Turnpike willincrease by as much as 20 percentduring peak travel times. The rateincrease is a result of a TurnpikeAuthority decision to eliminate a long-standing toll discount for E-ZPass usersduring rush hours.

TennesseeState troopers who fix tickets

as favors—even for someone whogives them gifts—are not breaking thelaw, according to District AttorneyGeneral Randy Nichols. Nichols wasappointed by Governor Phil Bredesento investigate a case in which meatcompany employees in Knoxville gavehams to troopers, who later fixedtickets for them. Nichols maintainsthat while Highway Patrol regulationsprohibit the practice, it is nottechnically illegal.

VermontVermont legislators are considering

conflicting bills dealing with how the state deals with seat belt violations.A bill introduced by Senator JohnCampbell would make failing to buckleup a "primary offense" and allowofficers to stop motorists for that reasonalone. Meanwhile, Senator MarkShepard has introduced legislationcalling for an end to the state's "Click Itor Ticket" roadblocks. The NMA'sVermont Activist, Tamika Lovett, hasbeen a prominent voice in this debate.

VirginiaThe NMA has been working for

months to repeal Virginia's ban onradar detectors. Finally, in January,Delegate Joe T. May introduced H.B.1120 that would do just that. Unfor-tunately, the House TransportationCommittee tabled it and time has runout for it to be reconsidered. DelegateMay has indicated that he may bringthe measure up again next year.

News From Around The Country

11221122DDrriivviinngg FFrreeeeddoommss NMA Foundation March/April 2006

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

For all who love personal freedomand recognize that freedom is seldomfree, the passing of William J. "Bill"Holdorf of Chicago on January 16came as sad news indeed.

Bill particularly believed motoristsshould have the right to make their ownchoice about seat belt use within theirown automobiles. Long-time NMAmembers may recall that for manyyears, Bill was listed in the Experts'Corner of this newsletter as the contactperson for seat belt law opposition.Those who followed up on thisconnection were well-rewarded withinformation and encouragement.

Bill's database and personalcontacts—accumulated over more thantwo decades—were impressive, avirtual "what's what" and "who's who"within the belt choice movement.Everything was kept organized in afiling system (probably an approachcarried over from his career as an officemanager for a large company) whichwas easily accessed when informationwas requested by people throughout theUnited States. All provided at Bill'spersonal expense.

Perhaps more than anyone, Billrecognized the powers he was upagainst in the struggle to regain belt use choice. He knew of the federalgovernment's use of private corporatedollars to buy seat belt laws. He sawhow belt law hearings at state capitolswere (and are) routinely orchestratedby special interests. He researched themassive federal expenditures (generallycalled greenmail) necessary to keepbelt-use laws in place at the state level.He dissected belt-use propagandacampaigns and their simplistic slogans.He recognized the collapse ofmainstream media reporting on thebelt-law issue due to the weight ofadvertiser pressure coupled with theideological bent of many editors. Hedocumented that unbelted deaths andinjuries were being replaced by belteddeaths and injuries with little commentby the public health community.

None of this fazed Bill. He soldiered

on. He mastered the internet at an agewhen most people have becometechnophobic (try a Google search forWilliam J. Holdorf). He authored apioneering article in Liberty magazine.His entire series of "Fact-Finder"pamphlets (more than 140) writtenunder the umbrella of the Seat BeltLaw Opposition Forum was transcribedfor the ABATE of Michigan web site.His work was instrumental in NeddKarieva's establishment first ofSeatbeltchoice.com and thenSafetychoice.org. Nedd designated onesection of the former as the "HoldorfHighway" in honor of Bill's work.

Bill's efforts live on in his files,which have been preserved. If anaccurate history of the origins andeffects of belt laws is ever written,these records will be a treasure-trove to researchers.

How fitting that the NMA news-letter was renamed Driving Freedomsthe very month Bill died. No oneshowed more drive in trying to regainpersonal freedom regarding seat beltuse than did the graciously unassumingand remarkable Bill Holdorf.


Recently, I had the opportunityto speak to the BMW Car Club ofAmerica's Los Angeles chapter.Thanks to Mike Webb andeveryone at BMW CCA LA forallowing the NMA to speak aboutwhat we're all about. It was apleasure to have such an interestedand engaged group, and we wouldwelcome the opportunity to do itagain in the near future. TheNMA's staff also informed me thatseveral audience members laterjoined our organization.

If anyone would like to reach medirectly, or if any other localSouthern California groups wouldlike to have the NMA speak to theirorganization, I can be reached viaemail at [email protected] orby phone at 310-489-3094.

Editor's Note: If NMA membersfrom other states know of a functionwhere they would like an NMAspeaker, please contact our office.We would be happy to try toarrange this for you. 608-849-6000or [email protected].

Thank You, BMW CCA!by Dan J. Gardner,California Activist

William J. Holdorf (1926-2006)by Mark Halter, Wisconsin NMA member

11441144

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 March/April 2006

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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 lookingout for the driver.

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

JoyridingDescribed as a “Manual for learning the fundamentals of masterful driving,”this book is based on the premise that driving is just about the greatest thing ahuman being can do. Driving is a skill to be honed and refined into a fine art.And yes, driving is a responsibility with consequences. The author extols thevirtues of driving well. He acknowledges the importance of "safety, butcorrectly points out that safety is a byproduct of being a good and skilled driver.


Speeding Excuses That WorkThis book is a 157-page combination of personal war stories, humor, and ticketavoidance tactics. The book maintains a stream of wit and is an easy read.There's good advice scattered throughout the book, advice that goes beyondtalking your way out of a ticket. These topics include avoiding tickets in thefirst place, safety tips for women involved in traffic stops, and debunkingpopular myths about traffic tickets.


Ohio Traffic Tickets Are For The Birds

This book is an extremely detailed manual on how to fight traffic tickets in Ohio(although there are some parts of the book that would apply in other states). Notonly does it cover speeding tickets, but it also gives advice on other types oftickets (i.e. tickets based on traffic signs, "right-of-way" tickets, etc). This bookincludes helpful checklists, statutes, and forms that you will use in preparingyour case. If you want to be prepared to fight a traffic ticket of any sort, thisbook is a great start.


If your NMA membership expiration date is on (or before) 03/01/06,this is your last issue of Driving Freedoms.PLEASE RENEW NOW TO AVOID ANY LAPSE!

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

conflict of interest driving freedoms by james j. baxter, … · 2015. 6. 6. · dui expertise,...

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