Cycle News is a weekly magazine that covers all aspects of motorcycling including Supercross, Motocross and MotoGP as well as new motorcycles
Issue link: https://magazine.cyclenews.com/i/125801
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BlM, Pfez Nixon (/nd J.R. Penny
Sponsors of organized events will be
required to post bonds or other security
in the minimum amount of $300,
obtain
liability insurance,' pay a
recreation use fee, obtain permission of
private landowners whose lands will be
crossed by the even ts, mark the course
and confine vehicles to it and to clean
up litter and route markers after an
event.
The recreation use fee charged the
permittee or sponsor of an event will be
10 percen t of gross receip ts of the
events, or $1 per rider event, whichever
is greater. A "rider event" is defmed as
one rider or vehicle riding in one even t
not exceeding two daylight periods.
Penny anticipates the "10 percent of
gross" figure will primarily affect large
commercial events conducted for profit;
while the $1 fee will likely apply to
smaller
even ts
held
by
clubs,
associations and other organizations_
Liability insurance will be required in
the amount of $100,000 for bodily
injury to anyone person and $300,000
for anyone occurrence, plus $10,000
for property damage for anyone
occurrence. The permittee will be
required to name the United States as
an additional insured and further to
indemnify, defend and hold barmless
the United States and/or its agencies
and representatives from claims arising
from ORV events.
Other health and safety stipulations
that will be required in most events
include provision of monitors for
spectator control, safety patrolling
along the competitive course, adequate
sanitary and trash facilities, first aid,
retrieval and evacuation capability, and
communications facilities.
Permittees will be required to protect
natural
resource values, including
cultural or historical objects and
aesthetic values and any improvements,
and may be required to undertake
rehabilitation measures in the event of
damage.
Penny
noted
there were
150
organized off-road vehicle events on the
public domain lands in California last
year involving primarily motorcycles,
bu t also four-wheel drive vehicles and
dune buggies. The bulk of this use,
which accounted for 800,000 visitor
days of recreational use of the public
lands, occurred in the California desert.
Penny said California BLM districts
will hold meetin!:s to explain special
land use procedures_ The BLM official
said the guidelines will be reviewed in
the future and modifications be made
based on experience with the new
guidelines.
Fees collected under the new
procedures will be deposited in a special
U.s. Treasury Account. Public Law
921347, amending the Land and Water
Conservation Fund Act of 1965,
authorized reappropriation of these
funds to BLM for use in outdoor
recreation.
Penny described the new ORV
guidelines as a logical step toward
implementation of the framework
developed by BLM's Off-Road Vehicle
Advisory Council, outdoor re-creation
regulations adopted by the Secretary of
the Interior in 1969, and this year's
Execu tive Order 11644 in which
President Nixon mandated a program
managing off-road vehicle use of all the
public lands.
ORVAC recommended, and the
executive order requires, an inventory
of all public lands to identify areas of
non-use, adoption of. guidelines to
implemen t existing regulations, and an
extensive program of public information
seeking to gain the assistance of ORV
users in maintaining the public lands."
The foregoing Press Release was
accompanied by the revised instructions
to the BLM District Offices and to
persons or organizations promotion
events. These instructions are printed
separately in the last issue of Cycle
News on P. 12.
Also attached to the BLM's Press
Release, were additional instructions
pertaining to the required Performance
Bonds. You will note from the
instructions that an even t-sponsoring
activity must post a minimum $300
Performance Bond, or at the BLM's
discretion, they will accept alternate
sedlrity such as:
I. A cashier's check for the fult
amount of the security required. This
check would be returned to the
permittee upon the satisfaction of all of
its obligations under the Special Land
Use Permit, or
2. An Undertaking and an Affidavit
Motorcycle Industry P r a i s e d - - - - - - - - - - - - - - - - The motorcycle industry received
words of praise recently for its safety
oriented advertising from the Maine
Safety Council.
In a letter to Husqvama Motorcorp
West, Lloyd Drinkwater, President of
the Maine Safety Council, a member of
the National group, lauded industry
advertising, particularly on television,
stressing the importance of safety in the
operation of two-wheeled vehicles.
In the letter Drinkwater said, "It is
our sincere hope that the members of
your industry will continue this
program of promotion based on safe,
sane operation of motorcycles."
Drinkwater adde"', "People cannot be
told too frequently how important
safety is in the operation of all such
recreational vehicles, and we feU that
your industry has set a direction which
others should follow in promoting their
products."
The Husqvarna Motorcorp West is a
regular member of the Motorcycle
Industry Council which is actively
promoting a large scale safety and
education program among its members.
MIC
Safety
Foundation
Noise Study
and
Education
Another
step
forward
for
motorcycling has ~een taken in the
establishment
of
the
Motorcycle
Industry Council Foundation for Safety
and Education, according to James B.
Potter, Jr., Executive Director of the
parent organization, the Motorcycle
Industry Council.
The foundation is authorized to use
the MIC name and logotype and its
programs will be administered by
Potter.
MIC is now in the process of selecting
a consulting firm to assist in the
formulation
of
the
Foundation's
programs.
Basically,
the
thf1,lst
of
the
Foundation's activities will be toward
safety and education in the public
schools and toward new riders. A
portion of the Foundation's effort will
be directed to making auto~obile
drivers aware of motorcycles and to
develop a closer rapport between the
two types of motorists.
The new motorcycle rider portion of
the program will include actual
operation of the motorcycle with range
instruction in public schools, instructor
education and the development of a
variety of audio visual aids.
The Motorcy,c1e Industry Council's
Technical Standards Committee is now
studying the capability of the industry
to lower n~ise levels by t 10 decibels by
1975.
These
new
sound
levels
for
motorcycles are lower than those
previously adopted by the Council;
however, MIC specifically recommends
that regulations requiring lower sound
emission
levels
than
those
are
self·imposed not be established because
the possibility of implementation is
questionable at this time.
James B. Potter, Jr., Executive
Director of MIC, said that in principle
the Council will not oppose state
legislation which establishes operational
noise levels if those levels are in basic
agreement with the ones established at
the Federal level for the manufacture
and sale of motorcycles.
Potter also stated that the Motorcycle
Industry Council will support and assist
th~
invQ!ved
Federal
agency in
promulgating sound level regulation for
motorcycles to establish a system of
testing, approval and certification under
certain prescribed test procedures.
completed by two sureties. These two
documents must be in the following
form:
UNDERTAKING
WHEREAS,--------(name of organi·
zation or applicant) desires to give an undertaking to secure each and every obligation
which he undertakes to perform as set forth
in Special Land Used Permit No.---date----------.
NOW. THEREFORE, we the undersigned
sureties do hereby obligate ourselves jointly
and severally to the United States of America
in the sum of $------. If it is determined
by the authorized officer of the Bureau of
Land Management that permittee has failed
to fulfill or satisfy any or all of its obligations
specified in such special land use permit, we
will pay such amounts as the authorized
officer of the Bureau of Land Management
may determine will adequately compensate
the United States as a result of permittee's
said failure to perform said obligations not
exceeding the sum above specified.
- - - - - -, one of the unde"igned
sureties is engaged------(occupation)
and resides at------, California.
(Surety)
------------r(Surety)
AFFIOAVIT
STATE OF---------COUNTY OF----ss.
Comes now------and deposes and
says:
That he is one of the sureties to the
Undertaking which was filed to insure the
performance of permittee of its obligations
incurred as a result of the issuance of Special
Land Use Permit No.------on------
(date);
That he is a resident and householder or
freeholder within the State of California;
That he is worth double the amoun.t
specified in said Undertaking over and above
all of his just debts and liabilities exclusive
of property exempt from execution.
(Surew)
Veritication by Notary Public.
WHERE DOES THIS LEAVE US?
At this point, we should stop and
take a long hard look at what the BLM
is doing:
1. We, the ORV enthusiasts, are
tax-paying members of the American
public.
2. The BLM has singled-out our form
of sport and recreation and stated that
we must pay to use the public lands
when more than 25 ORV's compete on
a derIDed course.
3. We must pay:
A. A minimum of $10 for a Special
Land US!' Permit. B. The price of a minimum $300
Performance Bond or follow one of the
two established alternatives.
C. A fee of $I per participant or 10%
of the gross receipts, whichever is
greater.
D. The price of an insurance policy.
4. It is interesting to note that the
BLM instructions don't apply just to
events which are designed to make
profits. They apply to any situation
where 25 or more ORV's compete on a
dermed course. You had better be
careful[ If your club bas an outing on
BLM land at which 25 or more of your
club members attend, and someone
says, "Let's race over to that tree",
HOW CAN THEY DO THIS?
We might ask ourselves where the
BLM obtained the authority to take this
action? The last two paragraphs of Mr.
Penny's Press
Release state that
Executive Order 11644 authorizes his
actions.
On the other hand, the White House
letter from the President's Deputy
Assistant stated that the objectionable
part of the Executive Order applied
only to "formally designated National
Parks, Natural Areas, Wildlife Refuges
and Game Ranges".
FOOD FOR THOUGHT
By now, you have read many times
that
the
American
Motorcycle
Association
and
the
Motorcycle
Industry
Council
both
support
Executive Order 11644 because it is
beneficial to motorcycling. The most
recent issue of the AMA News takes
great pride in the fact that many
thousands of signatures were obtained
on
ALERT
petitions
supporting
Executive Order 11644.
In my opinion, if Executive Order
11644 is truly good for us, then Mr.
Penny and the BLM have certainly
misinterpreted its intent. What's your
opinion?