Wind
(Continued from page 2)
participate should meet at the
Howard Johnson Motor Lodge off
1-95 at 1 :30 p.m.
America's
motorcycle newspaper
Open letter to AMA professional
license applicants
Volume XXIV
Recently we became aware of growconcern and misunderstanding,
especially within the dirt track community, over release language appearing on our 1987 profes ional rider·
license application forms. For that
reason we requested a meeti ng at AMA
headquarters on January 27, 1987,
with rider representatives Steve Morehead and Ronnie Jones. Steve was
unable to attend. However, along
with Ronnie, Scott Parker att nded
with his Je~al counsel. We also invited
Bob SlUmp who had recenlly expressed his concerns on thesubject in
a letter to Cycle News. The AMA's
special liability counsel attended
along with our professional racing
sta[f.
This was a very productive meeting
and a frank exchange of information.
orne of the key points that emerged
are as follows:
·The new language that appears
on pro licensing agreements is not
aimed strictly at pro rider .It i the
result of an exhaustive Associationwide liability audit that wa begun
a year ago. That lUdy has resulted
in changes in all ke} AMA forms
and documents. Its objective has
been to reduce the number of lawsuits and the costs of in urance
that are cripplin~ the motor y Ie
sport. Thi includ not JUSt the
lawsuits and costs that directly
affect the AMA, but also those that
af£ectclubs, event organ iZCl' , ponsors, and riders.
eThere has been no intention to
create new language Ihat increase
the pro rideror pon or's liability.
Our counsel advises us that the
legal effect of the 1987 langua~e is
substantially the same as that on
previou& applications. However,
courts have begun to demand that
releases be written in plain, clear
language, not in legal jargon: and
tha tthey be conspicuous. In otber
words. confusing legal language
in fine print is no longer acceptable
in many courts of law. For that
reason. our cO\Jnsel produced clear,
conei e release language and advi ed u to print it in red ink.
Many riders who have called us
admit they didn't read or know
what they signed in previous years.
Consequently, the 19 7 form serve
a very beneficial purpose in that it
enables licen5'eapplicants to beller
make a well-advised and clearly
informed decision about the peronal ri ks involved in professional
racing. Our language is not intended to create liability. Rather. il
conspicuously advises of the liability that already exists in motorcycle competition.
·In regard to this liability, we
learned from the rider rep that
there is a growing concern about
their own legal risks if spectators
are injured or property damaged
by them in an accident that is no
fault of their own. This is a very
legitimate concern, and it gave us
the opportunity to clarify that the
AMA's own liability coverage insures each and every professional
rider for spectator liability in an
AMA event. Not only does the
in~
Sh~lron CI.t)'lon, Publuht'T
Mil(' KJinJ.,'t'r,Comptrolln
Skip juhl1'ion. A ...s(}( mit' PublHht"T
Nnnm",'.'in/"s Afanagt'r
.Jack ManKus. As.'fOriatl' Publ",'''"' Editor
Rhen.l Smith. Circulation Allmag"
ClTolinc Gt'n(h ~. E,w'('uth~ Sn:rrtary 10
tlit' PUb/iff/''''
Editorial
Kif PalnWI. )I.\,W)ri"tt" f:di/or
Paul CarrUlht'IS. A.\'SOf ill/f' fo~dllor
Furn'n Willi:lrn"l. A.\:\otltltt' l::.ditor
Mikt· L:llrt/ Ad Coordinator
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Graphics and Production
CiIlRt·.. M:lCh;ulo. f'rodurtioll .\ltUUl.':"
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Accounting/Data Processing
Donll.1 Bryan. A((L~ R,.(',.n'flblr Coord",ntor
(;t'IW\.1 Rc·I);I ...... A')''i;.\ln,,'
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Circ....tion
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lor. AS.Hst,,,,t
Ahn;l AIlJ.:lli;IllO. A.~"ii.\·I(I'"
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M'cond (I.I"~
(;\( Ie.' St'\",," \n'I((lmt~ lln~linlt'(l ('{liIOli.,1
1ll~IIt'fi:11 ilk lut' h:lI1oh'tl ",illl no;.bollablt·
h· :":(·"'... a....ulll(·.. no It·... IXUl-
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.. ibililY fOI Iht: -':If('I)·.IO'o'' or l!:Ull:lg-t·1O "Ut h
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Copyrigh Cycle N..... lnc. 1987. T _
mer!< Cycle New. regi01_ U.S. Potent
rved.
.Office. All right
BPA Conau
Audit Oivilion Member·
Ihip App_ For December 19B6.
ON THE FRONT PAGE: Helmet
laws - the right to choose vs.
the common good. See page
12 for latest Califomia helmet
law update. Illustration by
Peggy Smith.
AMA's policy include this at no
additional cost to licensed riders,
but we suspect that such coverge is
probably unavailable or certainly
una££ordable if riders were to try to
obtain it on an individual basis.
Ami incidentaUy team sponsors
and mechanics are included in this
coverage. You will be expected to
sign an insurance company release
at each event. This is for your own·
protection and is necessary to provide your coverage. Our poucies
are in e£fect through December 31,
1987. The riders and mechanics
will be notified if there are any
changes in this coverage.
·The ~iders discussed possible language changes on the AMA license
application release that wouldfurther
reduce their risks. After hearing
their views. we met with our liability committee and its counsel and
AMA President Ed Youngblood
was authorized to amend the language.
You may amend your rider or mechani application as follows (add
underlined words, mark out word
that are scored through).
·1) REllA EANDI 'DEMNITY
AGREEME T: I, for myself. heirs
and ass.igns, hereby give up all of
my rights to sue or make any claim
whatsoever against the American
MOLOrcy list A so iation, the
American All Terrain Vehicle Association, their agent and employees. the promoters, sponsors,
manufaclUrers and suppliers of
equipmelll and all other persons,
participants, or organizations conducting or connected with AMA
sanctioned events for any injury to
person or property I may suffer
(including crippling injury or
death), whether such injury arises
while I am preparing forcompetition, taking any proficiency or
licensing teSt, participating in an
event. or while I am upon event
premises.
"I know the ri k of danger to
my elf and my property while participating in motorcycling events
and while upon event premises,
and relying upon my own judgment and ability, a sume all su h
risks of 10 and hereby agree to
reimburse all costs to those persons
or organizations connected wiih
anctioned events for dama~es incurred a a result of a-Rf injury
~Aal I c-ause or ~~tve m\' negligence.'·
Please make these changes carefully.
Any further changes will not be accepted. If you have already signed an
application. there is no need to reapply and any pre-entry forms you
currently have need not be changed.
All 1987 pro rider and mechanic
application and entry form language
will be construed as above in the case
of a lawsuit.
Consequently. I hope this information will enable you to make your
decision without delay and submit
your application to AMA headquarters.
BILL AMICK
Vice President,
AMA Professional Competition
Westerville, OH
Cagiva's desert and ISDE phenom
Duane Summers will be seen at dub
road races in 1987. Summers, after
attending Keith Code's California
Superbike School, had his road racing debut on a Ducati F-I at Riverside International Speedway recently
and finished fourth. Apparently Cagiva wanted Summers to race at Daytona in March, but the 19-year-old
has decided to progress a little slower
and will stick with club racing for
1987.
HosPITal STOP: Desert racer Chris
Crandall. who suffered a broken
femur during the SCORE Mojave
250 last April. was hospitalized
february 4 to undergo a bone graft.
Cards and letters can be sent to
Crandall c/o Hoag Memorial Hospital. 301 Newport Blvd .• Newport Beach. California 92663.
A proposed voluntary ban and recall
of most ATVs could cost ATV manufacturers and dealers as much a $2.4
billion in refunds, according to Conumer Product Safety Commission
e timate obtained bv the Product
Safety Letter of Arlington. Virginia.
Restricted documents show the CPSC
approved a banlrecall/refund program during a secret meeting December 12. The plan would allow consumers tovoluntarill return todealers
all three-wheelers' and any fourwheelers originally pur hased for use
by children under age 16. The plan
must be approved b} the Justice Department and federal lawyers must
take the rna ller to coun before the
plan Gill be implemellled.
California Assemblyman Jim Costa
(D-fresno) recently introduced a
measure in the state legislature
that would take $5 million from
the California Off-Highway Vehicle fund (commonly known as the
green sticker fund) to pay for an
amendment to the Rare and Endangered Species Act of 1984.
The bill. AB364. also appropriates
an unspecified amount to reimburse state agencies. counties and
cities for any expenses resulting
from environmental impact reports
required by the legislation. When
asked why green sticker monies
were targeted for preserving wild.
rare and endangered species. Costa·sSeniorConsultant. Edna Maita.
said. "It was a fund that was identified as having monies available. "
The 1986 Anaheim Supercross will
be telecast in an Diego, California,
on February 7 at 12:00 p.m. on XETV
Channel 6.
Sandpiper Travel is offering a travel
package to Daytona Beach. florida for the Daytona 200. The packages begin at $319 from the northeast and $419 from southern California; the prices include round-trip
airfare. hotel and rent-a-car. for
more information contact Randy
Warren at 800/433-B432.
Honda Racing Corpora'tion will have
600cc single dirt track engine kits and
parts available for the 1987 season.
Honda is making a limited number
of 600cc dirt track engine kits that
change the stroke £rom 80mm to
75mm, in an effort to give the engine
more durability. HRC is also offering an improved outer clutch kit of
the 500/600/62&c engines.
•
