Laws, Legislative, etc.

Thank you for sending me your candidate questionnaire. Although I am not an active biker, I still hold a motorcycle license as well as a deep respect for those who ride. I am also aware of the vulnerability of a motorcycle in regards to stopping distance and ability to be seen by other motorists. As a conservative, I put the rights and responsibilities of the individual at the forefront of my legislative views. I believe you will see this in my answers.

Regarding mandatory helmet requirement: I would oppose any legislation aimed at this requirement, and would speak against it on the floor or in committee. Freedom is something I hold dear. Such rules make no effective sense, nor do they promote our state as desirable to tourism or the motorcycle and/or related industry. No “trade” is acceptable because I do not consider freedom to be offered to any compromise. Helmets are a matter of personal, not public safety. I would choose to wear one, but would never impose that position on others.

Regarding distracted driving: This is a serious problem for all motorists. As a husband and father I take particular notice of this issue. As I stated; I consider personal responsibility to be paramount. As far as I am concerned, texting and/or allowing one’s self to be otherwise distracted while driving fits into Title 31-27-1, 1.1, and 1.2: Driving to endanger. It should be known to all who seek a license in Rhode Island that this is not to be tolerated. Unlike helmet laws, this is a matter of public safety. I will support any legislation that strengthens the safety of all drivers against distracted driving, up to and including the same penalties as mentioned in Title 37. While my planned legislative primary targets are budget related, I will gladly entertain well-conceived and planned legislation and would sponsor or co-sponsor any such bill that presents as a worthwhile.

Regarding exhaust noise: I remember this being argued since the early 1980’s. I have been awoken far more times by garbage trucks than by motorcycles, no matter what make. For that matter, more often by the squeaky belt on my neighbors ’88 Chevy. Furthermore, Decibel level readings are inconsistent at best, and not, in my opinion, any matter for a city or town council to deal with. Generally, I am not inclined to agree with city ordinance trumping state law, and motor vehicle regulation is no exception. State law is restrictive enough without local ordinance interfering. Such regulations are merely micro-managing efforts to appease small groups.

Please visit my website at www.gerling4senate.com

I would appreciate a response indicating that you have received this communication.

Thank You,

Stephen Gerling

From Jim Miller Independent Candidate for Senate Dist 18 in East Providence, RI

As a State Senator, would you support or oppose a mandatory helmet requirement? I would oppose a mandatory helment law. I believe in the freedom of choice.
.
Do you believe a helmet requirement is fair trade for safety over an individual’s freedom of choice? No.

In your opinion is a helmet requirement a matter of public or personal safety? Personal.

As State Senator, what if anything do you plan to do about distracted driving? Do you believe that such drivers must be held accountable for the damage and destruction caused by their behavior? There should be stiffer penalties for distracted driving -- drivers should be held accountable for damage and destruction caused by such activity.

What is your view on municipalities passing local standards over and above state requirements? I am against any municipality passing local standards over and above state requirements.
Thank You for the opportunity to address the concern of my RIMA brothers and sisters.
Jim Miller 401.954.2412

From Frank T. Caprio candidate for Govenor

Dear Mr. Cardoso,
As a licensed biker, I understand the importance of preserving the freedoms to ride. With respect
to your rust question regarding helmet requirements, I believe this is an issue of personal safety,
not public safety. I would advocate safety and strongly urge motorcycle drivers to wear helmets,
but those who prefer to ride without a helmet are free to do so at their own peril. While I would
oppose a mandatory helmet requirement for those above the age of 21 , passengers and drivers
under 21 should be required to wear helmets.
I agree with your statement about the risks of distracting activities, and also believe that the ban
on text messaging while driving is a step in the right direction. As new technologies emerge, I
wilt support the ban of those new sources of distraction for those driving any kind of vehicle.
Drivers who act irresponsibly by engaging in distracting activities while driving are putting
others' lives in jeopardy, and therefore should absolutely be held accountable for the damage and
destruction caused by their behavior.
I can imagine that keeping track of the different regulations on motorcycle exhaust noise is a
nuisance, and want to thank you for pointing that out to me. I believe exhaust noise limits should
be uniformly applied and enforced by the state.
Sincerely,
Frank T. Caprio

From: Erik B. Wallin (R) Candidate for Attorney General

Date: 8/3/2010
To: Bud Cardoso
President
Rhode Island Motorcycle Association
PO Box 726 Pawtucket, RI 02862
From: Erik Wallin, Esquire
(R) Candidate for Attorney General
RI Motorcycle Association Questionnaire
Q. As Attorney General of the State of Rhode Island, would you support or oppose a mandatory helmet requirement?
A. While I encourage all riders to use a helmet, I would not support a mandatory helmet requirement.
Q. Do you believe a helmet requirement is a fair trade for safety over an individual's freedom of choice?
A. I believe in the individual’s freedom of choice.
Q. In your opinion is a helmet requirement a matter of public or personal safety?
A. I believe helmet use is a matter of personal safety.
Q. Distracted driving continues to pose a significant risk to motorcyclists. The recent text message ban in Rhode Island is a step in the right direction. But distracted driving can encompass any number of activities while driving, and will only increase as newer technologies continue to become available. As Attorney General, what if anything do you plan to do about distracted driving? Do you believe that such drivers must be held accountable for the damage and destruction caused by their behavior?
Distracted driving continues to be a hazard for all motorists who take to our public highways, motorcycle and otherwise. All motorists have the obligation, under law, to use due care in the operation of their vehicles. Every year, distracted drivers on Rhode Island's roadways cause property damage and injury or death to our fellow Rhode Islanders. As Attorney General, distracted drivers will be prosecuted and if injury or death occurs, then my prosecutors will seek the harsh sentences demanded under the circumstances.
Q. As motorcycling has increased in popularity over the years, more cities and towns are taking it upon themselves to regulate motorcycle exhaust noise. Such local legislation can be arbitrary and discriminatory. Further, it can be increasingly difficult for a citizen biker to meet the individual standards of thirty nine different communities throughout the Rhode Island. The state of Rhode Island already regulates motorcycle exhaust noise through annual inspection standards, and in the general laws. What is your view on municipalities passing local standards over and above state requirements?
A. Though I generally favor local control over local communities, I believe on this issue there should be one standard set by the General Assembly applicable to all communities.
Respectfully Submitted,
Erik B. Wallin
Erik B. Wallin, Esquire
(R) Candidate for Attorney General
2212 Post Road (Lower Level)
(401) 921-5001

From Richard Corso Candidate for Rhode Island Senate – District 1

Dear Mr. Cardoso,

As a candidate for Senate in the Rhode Island General Assembly I appreciate your taking the time to mail me your questions. My answers are as follows:

I would support a mandatory helmet requirement. I believe this is a matter of personal and public safety and thus a fair trade over an individual’s freedom of choice.

I would also support a bill to ban the use of hand held cell phones while driving. This too is a matter of personal and public safety. As with any accident caused by a distracted driver, I believe the driver should be held accountable for the damage and destruction by their behavior.

As an elected official to statewide office, I would have no influence over locally passed, municipal standards on exhaust noise. I agree it is difficult for a citizen biker to meet thirty nine individual standards for each community in Rhode Island.

Again, thank you for taking the time to mail me your questions. Should you be interested in following up on my replies, feel free to reply via email or call me at 401.383.7470.

Sincerely,

Richard Corso

Candidate for Rhode Island Senate – District 1

From: Robert Kenny Candidate for Senate District 2

Dear Mr Cardoso,

It was a pleasure chatting with you the other day. I'm sorry that it has taken me a little longer than I said to get back to you. In this letter I will strive to be as honest and up front with you on my thoughts about your questions. I hope you will appreciate it.

Like I said when we talked on the phone, I am a rider myself. Though its been a couple of years since I last owned a bike I still make sure that my license includes my motorcycle validation and I look forward to my next bike.

I first started riding when I was 15 years old. I bought a used Honda SL70 dirt bike from my neighbor and promptly rode it straight into a big bush. My next bike after that was a Yamaha XS 400 that I put over 2,000 miles on before selling. My third bike was a Honda Nighthawk S 700. This was my first "real bike". I used it as my only means of transportation for over 5 years and when it was sold had over 125,000 miles on it. It was a great bike and I have many fond memories of it and the many adventures I took on it. This includes a month long trip from Providence to San Diego that was about 8,000 miles in total and chasing after a job as a roadie on the Janet Jackson 1990 World tour. I didn't get the job but I froze my butt off driving from Providence to Miami in February. While I had this bike I also had two accidents. One was a high speed wipe out in the rain on 95 that gave me 3 bruised ribs and a concussion and had me unconscious for 20 minutes on the highway. I literally didn't know who or where I was when I finally woke up. It seems funny looking back on those days but I could have easily been run over on that trip. Knock on wood.

So that is a little bit about me. Hopefully my choice of manufacturers wont impact your endorsement. You will find that I like getting the right tool for the job as a carpenter and the best bike for my riding habits. My next bike will hopefully be a Honda ST1300. I've ridden the ST1100 and was blown away. I'm sure the 1300 will be just as incredible for long distance rides.

As for your survey questions lets take them one at a time.

Q: "As a Senator in the State of Rhode Island Legislature, would you support or oppose a mandatory helmet requirement? Do you believe a helmet requirement is a fair trade for safety over an individuals freedom of choice? In your opinion is a helmet requirement a matter of public or personal safety?"

A: What a great question. I personally ware a full face helmet. I would have been dead in 1990 if I hadn't been. Plain and simple.

I think people have a right to choose to be stupid. Riding without a helmet is like playing Russian Roulette. Inevitably your number will come up. I think that partial helmets or "skull caps" are a waste of money and again are real stupid. A skull cap or 3/4 helmet wouldn't have saved my ass when I wiped out on the highway. Only protected a small part of my head while the rest was ground on the pavement.

We have mandatory seat belt laws. I don't think it would be unreasonable to require motorcyclists to ware full face helmets. It's the smart thing to do. Trust me, I like the feel of fresh air in my face while riding. I always rode with my helmet on and the visor up while waring sunglasses underneath. Florida revoked its mandatory helmet laws a couple of years ago and deaths of motorcyclists I believe tripled the next year. You can check me on that one.

Q: Distracted driving continues to pose a significant risk to motorcyclists. The recent text message ban in Rhode Island is a step in the right direction. But distracted driving can encompass any number of activities while driving, and will only increase as newer technologies continue to become available. As a Senator, what if anything do you plan to do about distracted driving? Do you believe that such drivers must be held accountable for the damage and destruction caused by their behavior?

A: The only thing I think worth doing is to continue to urge people to be vigilant when they are on the road. Whether your driving a car or a motorcycle your responsible for knowing where others are in relationship to you so everybody gets home in one piece at the end of the day. As for being held accountable for ones actions? Of course. We are a nation of laws and people must be held responsible for their actions. Plain and simple.

As for the question about pipe noise I think it would be great if their was a national standard for noise emissions. Until then, bikers will have to be responsible for the noise they choose to make. As I recall, most if not all bikes come off the production line relatively quiet.

Do you really need to "announce your presence with authority"? Come on?

Well I hope that I've done a good job at communicating my thoughts on the subjects listed above but, if you still have any questions please feel free to contact me directly on my cell phone at 401 644 6214.

Thanks for your consideration. I hope you will consider me worthy of your trust and your endorsement.

Robert Kenny

Candidate for Senate District 2

12 Lenox Ave

Providence, Rhode Island 02907

From Ken Block Moderate Party Gubernatorial Candidate

Hello,

I am writing on behalf of Moderate Party Gubernatorial Candidate, Ken Block. He received your survey and I have included his answers to your questions here. Thank you so much for contacting us and giving us a chance to answer your survey. If you would like Ken to meet with you and some of your members to discuss his plans for RI beyond the questions your survey asked, please let us know and we will set something up.

Here are his answers:

1. I think helmets are necessary to ensure the safety of motorcyclists. I believe it is a matter of both public and personal safety, and I would support a mandatory helmet requirement because it will save lives.

2. Distracted driving poses a significant risk for everyone on the road. I believe that drivers who have caused damage and destruction caused by reckless behavior should absolutely be held accountable for their actions and the harm that theyve caused. We cannot control everything people do while they are driving, however, we can certainly put laws in place to ensure that there are consequences for endangering others.

3. I believe the state should ban straight pipes. I agree that the state should have preemptive laws over municipalities, but if a city or town has an excessive or unique problem that is not consistent throughout the state, then they should have the right to pass legislation to preserve a livable environment for their citizens.

If you need anything else, please let me know!

Thank you,

Amanda Alvarez

Moderate Party of Rhode Island

Office: 401.681.4966

Cell: 401.441.8002

aalvarez@moderate-ri.org

From: Donald Normandin Candidate for State Senate, District 28

Dear Mr. Cardoso,

I have been a Motorcycle rider and enthusiast for many years, my son and grandsons own and ride motorcycles, so I am very much aware of your concerns

relating to both safety and freedom.

I do not support any mandatory law that restricts one's freedom or liberties.

However, I do think a passenger should always have the option available to them to wear a helmet.

I strongly believe in taking personal responsibility for the results of your own actions.

I can appreciate local communities wanting to maintain a certain peace and quiet (noise levels), and also appreciate our personal freedom to travel anywhere at any time. Until we all can have mutual respect for each other, I'm afraid we have need for local restrictions. However these restrictions should not be greater than those set by state law.

For more information in regard to some of my positions, please visit my website, www.donnormandin.com

Sincerely

Donald Normandin

Candidate for State Senate, District 28

From Mike Chippendale Republican Candidate RI House of Representatives District 40

Hi Bud,

I received the questionnaire in the mail yesterday and am replying to your inquiries.

Before I answer the questions though, I’d like to tell you a bit about myself as it relates to motorcycles.

I received my first motorcycle as a birthday present when I was 10 years old. It was a Honda XL-75. I passed that bike down to my little brother when I was 14 and we owned that bike for nearly 9 years. When I turned 14 I had been working by shoveling snow and raking leaves and all the stuff 14 year old boys can do to earn money on the promise that my parents would match my savings for a new bike. I bought a used CR-80 and rode that baby like I stole it.

When I was 21 I bought a Kawasaki ZX-7 from a mechanic at Kawasaki of RI. The bike was insanely powerful and very nice looking.

In 1992 I was pushed off Bald Hill Road by an elderly lady who switched lanes without signals, and without looking. As she moved closer and closer to my bike and I got closer and closer to the grass island separating the lanes, I put my right foot on her driver’s window to keep the car from hitting me. At that point it was all front brakes and I had no more road left. I made a soft landing on the grass and busted AND dislocated my collarbone. My riding partner chased her down and she later told the police that she “never saw me”. I had my foot about 6 inches from her head, separated by only glass – and she “never saw me.”

The bike survived with little damage. But I ended up selling it back to the same guy, and I bought a ’73 Sportster that needed a ton of work. I had it on the road by the next riding season. I rode that thing for years and then had my second “near death” experience. An elderly gentleman actually rear ended me on Atwood Avenue in Johnston. Once again, he never saw me. Thankfully I saw him because I was able to let off on the brakes and take the push from him and glided through the intersection without getting hit by a car, and amazingly enough only suffered a broken rear fender and light assembly.

When I moved to Foster in 1999 I was riding the bike from my old house to my new house and had a deer dart right in front of me. It was at that point that I decided I wasn’t going to test fate anymore and stopped riding. I did spend the next two years working on the Sporty and chromed it from head to toe. I did some of my own custom fabrication with my MIG welder and steel stock and sold it at the right price.

So basically I guess what I’m telling you is this; Although I don’t ride anymore, I’m a biker.

Now, on to your questions;

1) Helmets. I do not favor helmet laws. I’ve always owned one, but got away from wearing it over the years. It’s my feeling that A) as a rider you can see, and hear better without a helmet and that allows you to ride a bit more defensively and avoid the elderly, teenagers, and deer. B) What right does the government have to tell me I can’t bust my head open like a pumpkin if I dump? It’s none of their business and I feel strong that individual riders can make the decision themselves on whether or not to wear a helmet.

2) Distracted driving is a huge problem. By the time I “retired” from riding, cell phones where really starting to become commonplace. While my legislative focus is going to be dedicated to saving small businesses and the taxpayers from the financial ruin that our one-party system is seemingly dedicated to, I would be a strong supporter of any reasonable and commonsense laws that don’t infringe on anyone’s individual freedoms.

3) I believe strongly in personal responsibility. Anyone who causes an accident because of “distracted driving” should be held accountable for any and all damages and injuries.

4) Relative to “noise ordinances”, many communities do indeed pass such ordinances. The fatal flaw with these laws is that they are completely unenforceable without the use of very expensive decibel meters that not many towns in our state own. I would be a supporter of creating a state law that seeks to make the state requirements overrule any ordinance that a town or city passes. I would seek to define and make quantifiable, the acceptable noise levels, and also require that they be measured with state certified and calibrated decibel meters. I would also seek to make any such law – whether it’s for motorcycles, or Toyotas that have had the back seats ripped out so they could fit a 500 lb sub-woofer in the car, uniform across the state and not single out motorcycles.

I support bikers. I am a biker. I know what it’s like to actually be on the road and have to deal with the issues that every other biker does. I would not be the type of uninformed lawmaker that uses their ability to legislate to satisfy the loud voices of a relatively small group of people seeking to infringe on our God-given rights.

When I’m elected, I want you to know that I will be putting my efforts into saving our state financially as I stated earlier. But I will ALWAYS be available for people to reach me with any concerns. And if your Association sees anything happening that you don’t like – I will have an open door for communication, and that’s not a bunch of pre-election B.S. either.

If you have more questions for me – feel free to fire them off to this email address.

Sincerely,

Mike Chippendale

Republican Candidate

RI House of Representatives

District 40

124A Johnson Road

Foster, RI 02825

401.497.4495

www.chip2010.org

From Dr. Stuart Gitlow Woonsocket district 49 representative seat.

Thank you for the opportunity to respond to your questionnaire. I'm running in District 49 for the General Assembly.

The helmet requirement is an interesting area overall. If I were to come from a purely health-related standpoint, I would support mandatory helmet legislation. There is no question that head/brain injuries sustained by individuals wearing helmets are less than those sustained by those not wearing helmets. This legislation, in my opinion, is therefore similar to seat belt legislation. Another argument for the legislation is the overall cost to society - ever since healthcare transitioned from being a cost incurred by an individual to a cost incurred by the population as a whole, it has become increasingly important to everyone that everyone else take care of themselves.

That said, I have great empathy for the personal liberty argument as well. The truth is that I've been known to ski without a helmet. I grew up that way. Despite all the arguments for helmets while skiing, I enjoy the wind blowing past my ears and the peripheral vision that can be lost with a helmet. I would not like to see legislation mandating helmets on all snow skiers. Such legislation is in the wings in states where skiing is popular.

So the question here is Societal Good versus Personal Good. One could make the point that the choice on purely Personal Good alone would differ depending upon whether an individual had been in an accident with a resulting head injury. I've heard my colleagues tell of many patients over the years in the ER who said "I wish I'd been wearing a helmet" who beforehand were enjoying the wind in their ears.

I'm open minded on this as a result and believe there is some middle ground wherein a law could encourage helmet use without mandating it, perhaps by providing incentives.

---

Distracted driving - I'm entirely with you on this one. yes, drivers must be held accountable for damage and destruction caused by their texting, eating, looking at themselves in the rear-view mirror, or anything else that takes their mind away from the one thing they're supposed to be doing.

---

Noise: A few bad apples have spoiled this for everyone. Come over to my house at 2am on a summer Friday night and you'll hear the beat of a motorcycle passing by pretty regularly. Most are quite reasonable, but a few are aggressively loud. I'd like to see legislation that is consistent throughout the state. Just as there are streets within certain townships that are closed to trucks, these same streets could be closed to motorcycles. That's probably not what you want to hear, but the truth is that there needs to be some way to ensure that our people are not awakened every few minutes late at night by a motorcyclist who has decided to remove his muffler. Again, I realize that 95% of motorcycles are perfectly quiet and appropriate, but the question is what to do about the 5% that are not.

On this topic, I'd certainly be open to discussion and a reasonable approach. I like the starting point of having consistent legislation statewide and the annual inspection requirements. Perhaps the law should focus upon a harder-line response to those few who are somehow driving vehicles that are louder than permitted, without causing problems for the vast majority who are abiding by the current regulations.

---

Thank you again for this chance to discuss these issues. I'm looking forward to the opportunity to work together in the coming years.

Best,

Stuart Gitlow MD MPH MBA

Executive Director,
Annenberg Physician Training Program in Addictive Disease

Associate Clinical Professor, Mount Sinai School of Medicine

www.drgitlow.com

e-mail: drgitlow@aol.com

From: Deloris Issler For Senate District 28 in Cranston and Warwick.

Dear Mr. Cardoso,

Thank you for your letter of August 9, 2010. Please forgive the casual response in the form of an email. There was a delay in your letter reaching me because the Secretary of State’s office publishes the physical address, but my mail goes to a post office box. Nonetheless, I appreciate the opportunity to share my views with you on the most important function of our government, and that is protecting our liberty. My expectation of public representatives is fiscal conservatism, limited government, and comprehensive standards of ethics. However, my primary concern is the erosion of our freedoms.

In specific response to your questions, I do not believe in nor will I tolerate legislation that compels adults to wear a helmet. We have long known the risks of riding without a helmet. Those risks, in and of themselves, are not a public safety issue.

Distracted drivers, and the stupidity of text messaging in particular, are public safety issues. This is not unique to the safety of motorcyclists. I, for instance, am an avid walker, and no longer feel safe walking down the street. I have seen people texting and swerve when they bring their attention back to their surroundings. In my opinion, legislation enacted to date on this issue is inadequate to protect our safety.

Where noise is concerned, it is another example of many, many things that are simply unenforceable from one city to the next, especially in an area as small as Rhode Island. The General Assembly in this state is simply over zealot in over regulating citizens that have the intelligence and moreover, the right to police themselves.

Thank you again for your time and your efforts to protect our freedoms. I would be happy to meet with your group before group before or after I’m elected. Feel free to contact me at d.issler@hotmail.com or 401-527-9282.

In Liberty,

Deloris Issler

From Peter Kilmartin Candidate for Attorney General

Dear Mr. Cardoso:

Thank you for the opportunity to reply to the questions posed by the Rhode Island Motorcycle Association. I appreciate the consideration of your organization and respectfully request it's support for my candidacy for Rhode Island Attorney General.

I believe Rhode Island helmet laws should remain as they currently exist. It is a matter of personal choice.

As you may know, I am a legislator for and it was my legislation which successfully banned texting while driving. For many years, I have continually fought to ban hand held cell phones (Bill no. 10-H7130). I have also introduced legislation that would address distracted driving and hold people accountable (Bill no. 10-H7117). As Attorney General, I would continue to support these efforts.

I am adamantly opposed to local ordinances being enacted resulting in different standards for the motoring public except for issues such as local speed limits and traffic control. Different municipal ordinances addressing exhaust noise, helmet usage, cell phone usage, inspection and similar topics would only serve to create confusion and inconsistency. Any standards or laws on topics such as these should be addressed at the state level only.

Thank you for your time and consideration. If you have any further questions, please feel free to contact me.

Peter Kilmartin

Candidate for Attorney General

From John Robitaille

Mr. Cardoso,

Thanks for your letter and your questions. Here is my response.

1. I would not support a mandatory helmet law.

2. Freedom of choice trumps the safety concern for the motorcyclist. Children, however might not be mature enough to make that choice.

3. A helmet requirement is a matter of personal safety and choice.

4. Distracted driving is a serious problem and we must do a much better job communicating the risks and enforcing current “driving while distracted” laws. The problem is where to draw the line. Having a screaming child in a car seat in the rear is a distraction, as is listening to loud music on the radio. We cannot eliminate all distractions but we can constantly educate people on the dangers of using cell phones, texting, etc. Distracted drivers should be held accountable for their actions.

5. We should have one statewide standard for noise. While I do support home rule charters for our cities and towns, this crosses town borders and it should be regulated at the state level.

John Robitaille

Robitaille for Governor Campaign

PO Box 1111

Portsmouth, RI 02871

www.JohnforGovernor.com

401-781-5646