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New York City Transportation Department thumbs nose at federal law
In one of the most outrageous acts the American Motorcyclist Association has seen in years, the New York City Transportation Department defiantly refuses to change its rules so that they comply with federal law to allow motorcycles to use high-occupancy-vehicle (HOV) lanes.
The department states that it won't change its rules to comply with federal law because the New York City Police Department opposes the change. But transportation officials refuse to explain the police opposition despite numerous attempts by the American Motorcyclist Association to get an explanation. The Police Department opposition was supposed to have been recorded, but wasn't, in a public forum--a city Transportation Department hearing that was held Sept. 12, 2007 to change department rules related to motorcycle use of HOV lanes to comply with federal law. The rule change was to go into effect within 60 days of that hearing.
"New York City’s public servants are intentionally ignoring a law passed by the American people's elected representatives in the U.S. Congress," says Imre Szauter, AMA legislative affairs specialist, who has been trying to get answers from New York City transportation officials on the HOV-motorcycle issue.
"Because the New York City Transportation Department refuses to change its rules, every American motorcyclist faces tickets and fines when riding in New York City HOV lanes," Szauter continues. "This is outrageous and totally unacceptable. Karen Perrine of Staten Island, New York, suffered through a two-and-a-half-year nightmare because of a ticket she got on Oct. 26, 2005 while riding her Yamaha FZ1 motorcycle in a New York City HOV lane" (see sidebar).
In recent years, motorcyclists in Phoenix and Pittsburgh also were ticketed for riding in HOV lanes. But those tickets were dismissed when the ticketed motorcyclists and the American Motorcyclist Association pointed out that federal law allows motorcycles in HOV lanes.
In fact, Pittsburgh even put up signs allowing motorcycles in HOV lanes after officials there were informed of the federal law.
The U.S. Code governing HOV lanes--Title 23, Section 166 (23USC166)--states agencies that govern HOV lanes must allow motorcycles to use the lanes unless they prove motorcycles pose a safety hazard on the lanes, and that proof is accepted by the U.S. Transportation Secretary following a Federal Register notice and public comment period on the ban.
Taken from......
http://www.amadirectlink.com/news/2008/NYC.asp
The department states that it won't change its rules to comply with federal law because the New York City Police Department opposes the change. But transportation officials refuse to explain the police opposition despite numerous attempts by the American Motorcyclist Association to get an explanation. The Police Department opposition was supposed to have been recorded, but wasn't, in a public forum--a city Transportation Department hearing that was held Sept. 12, 2007 to change department rules related to motorcycle use of HOV lanes to comply with federal law. The rule change was to go into effect within 60 days of that hearing.
"New York City’s public servants are intentionally ignoring a law passed by the American people's elected representatives in the U.S. Congress," says Imre Szauter, AMA legislative affairs specialist, who has been trying to get answers from New York City transportation officials on the HOV-motorcycle issue.
"Because the New York City Transportation Department refuses to change its rules, every American motorcyclist faces tickets and fines when riding in New York City HOV lanes," Szauter continues. "This is outrageous and totally unacceptable. Karen Perrine of Staten Island, New York, suffered through a two-and-a-half-year nightmare because of a ticket she got on Oct. 26, 2005 while riding her Yamaha FZ1 motorcycle in a New York City HOV lane" (see sidebar).
In recent years, motorcyclists in Phoenix and Pittsburgh also were ticketed for riding in HOV lanes. But those tickets were dismissed when the ticketed motorcyclists and the American Motorcyclist Association pointed out that federal law allows motorcycles in HOV lanes.
In fact, Pittsburgh even put up signs allowing motorcycles in HOV lanes after officials there were informed of the federal law.
The U.S. Code governing HOV lanes--Title 23, Section 166 (23USC166)--states agencies that govern HOV lanes must allow motorcycles to use the lanes unless they prove motorcycles pose a safety hazard on the lanes, and that proof is accepted by the U.S. Transportation Secretary following a Federal Register notice and public comment period on the ban.
Taken from......
http://www.amadirectlink.com/news/2008/NYC.asp
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