Notice of Meeting of the Governor’s Advisory Board on Motorcycle Safety

Videoconference and teleconference

January 30, 2012, 1:00 PM

Changed from January 16, 2012, 1:00 PM

Division of Emergency Management

2478 Fairview Dr.

Carson City, NV 89701

(Adjacent to Nevada National Guard – show ID to enter gate, parking restricted)

Las Vegas NHP TMC Building

4615 W. Sunset Road, Room A105

Las Vegas, NV 89118

Rural , NV, teleconference only

Call in # 702-432-5274

Below is an agenda of all items scheduled to be considered. The Advisory Board, at their discretion, may take items out of order, combine two or more agenda items for consideration, and remove an item from the agenda or delay discussion relating to an item on the agenda at any time. Prior to the commencement and conclusion of a contested case or quasi-judicial proceeding that may affect the due process rights of an individual, the Advisory Board may refuse to consider public comment. See, NRS 233B.126. A request to have an item on the agenda heard out of order shall be made to the Advisory Board chairperson prior to commencement of the meeting.

AGENDA

1. Call to Order and Roll Call.

2. Self-introduction of new members.

3. DISCUSSION, PUBLIC COMMENT, AND FOR POSSIBLE ACTION. Election of Chairperson by the Advisory Board.

4. DISCUSSION, PUBLIC COMMENT AND FOR POSSIBLE ACTION. Approval of previous minutes

5. INFORMATIONAL ITEM. Report by Program Administrator on work projections / upcoming events

6. Old Business

a. INFORMATIONAL ITEM. Updating NRS 486 (ongoing)

7. New Business

a. DISCUSSION, PUBLIC COMMENT AND FOR POSSIBLE ACTION, Highway Engineering

8. Public Comment.

The Chairperson may limit each speaker to five minutes.

No action may be taken upon a matter raised under this item of the agenda until the matter itself has been

specifically included on an agenda as an item upon which action will be taken.

9. DISCUSSION, PUBLIC COMMENT AND FOR POSSIBLE ACTION. Next meeting - Set Date

10. Adjourn

We are pleased to make reasonable accommodations for members of the public who are disabled and wish to attend the meeting. If special arrangements are necessary, please notify, in writing, the Department of Public Safety, Traffic Safety Division, at 107 Jacobsen Way, Carson City, Nevada 89711-0999, or call Beverly Sherman at 800-889-8779, as soon as possible.

Notice of the meeting was posted at the following locations

1. Nevada Department of Transportation HQ

2. Carson City Public Library

3. Nevada Department of Motor Vehicles, Carson City, Reno, Las Vegas

4. Clark County Library (733-3642) Programming Department 1401 E. Flamingo Rd., Las Vegas, NV 89119

Fax 507-3996

5. Washoe County Regional Transportation Commission, 2050 Villanova Dr., P.O. Box 30002, Reno, Nevada 89520

Fax 324-3503

6. Las Vegas Nevada Highway Patrol TMC Bldg, 4615 W. Sunset Road, Las Vegas, NV 89118, Fax 702-486-4133

GOVERNOR’S ADVISORY BOARD MEETING ON

MOTORCYCLE SAFETY

QUARTERLY MEETING

Video Conference and Teleconference

October 12, 2011

Division of Emergency Management

2478 Fairview Drive, Training Room

Carson City, NV 89701

Las Vegas NHP TMC Bldg

4615 W. Sunset Rd, Room A105

Las Vegas, NV 89118

(Also teleconferenced at the above location with interested parties in Elko, NV. Call in at (702) 432-5274)

ATTENDEES: Roger Fox, Board Member

John Breslow, Board Member

Fred Harrell, Board Member

Ken Kiphart, Program Administrator

Beverly Sherman, Program Assistant

Willie Olson, Motorcycle Instructor, Member of the Public

Heather Hawkins Fancher, DMV – Carson City

Jude Hurin, DMV – Carson City

Ken Bayouth, DMV – Las Vegas

Russell Ratke, Confederation of Clubs

Lily Gonzales, Quick Throttle Magazine

Christina Flores, Member of the Public

Late Arrivals

James Kimsey, Confederation of Clubs

ABSENT: Blair Harkleroad, Board Member

CALL TO ORDER

The meeting was called to order by Board Member, Roger Fox at 1:05pm.

.WELCOME

Board Member Roger Fox welcomed everyone in attendance.

Public comment/discussion

Lily Gonzales, Quick Throttle Magazine shared her concerns and a list of reasons why she believes the Nevada Rider Motorcycle Safety Program should be discontinued. Ms. Gonzales asked that a serious discussion of the following items concerning the Nevada Rider Program be placed on the agenda for our next Motorcycle Advisory Board Meeting:

The program has undermined the rights of motorcyclists.

It has undermined motorcycle tourism.

It continues to work with mainstream media to blame motorcyclists when there is a motorcycle accident.

It has failed to demonstrate its effectiveness to reduce deaths or accidents.

It has participated in being less than truthful to our Senators during legislative sessions by siding with law enforcers whose only agenda appears to be control and domination over motorcyclists rather than safety.

It has disproportionately allocated funds among the various parts of the State.

It has showed bad faith by moving a meeting to an earlier date in an apparent effort to exclude members of the public and media.

It is run by a retired cop that is compensated by contract in order to not adversely impact his pension.

It is unable to describe how it is that a rider can know for certain if they are complying with Nevada’s helmet law.

It makes up meeting rules on the spot to muzzle people with serious questions.

Ms. Gonzales stated that she will have documentation to support these statements at the next Motorcycle Advisory Board meeting.

APPROVAL OF PREVIOUS MEETING MINUTES

Board Member Roger Fox requested approval of the minutes from the previous meeting. Board Member John Breslow moved that the minutes be accepted and Board Member Fred Harrell seconded the motion. The motion was carried.

REPORT BY PROGRAM ADMINISTRATOR (Ken Kiphart)

Ken Kiphart attended the national State Motorcycle Safety Administrators (SMSA) conference in Des Moines, Iowa. There were many different breakout sessions, all focused either on a state administrator or for instructors. Some of the breakouts were Model Standards for Motorcycle Education, Motorcycle Safety, the case for ABS and a wealth of other subjects. Next year’s conference will be held in Nashville, TN.

The program will be conducting a National Highway Traffic Safety Administration (NHTSA) Motorcycle Assessment on November 13-18, 2011 at the Peppermill Hotel Casino in Reno, NV. It’s taken a long time to prepare for this assessment. The program assistant estimates that currently, our work week is 99% devoted to the preparation.

We will have two new board members for the next meeting. They are Hal Lichtenwald and Richard Tapia. They will be serving in the capacity of motorcycle instructor and motorcyclist. We will miss Board Members Roger Fox and Geri Kodey as they have served the Motorcycle Advisory Board well over the last six years.

Fred Harrell asked the Administrator for the most recent motorcycle fatality statistics.

The administrator stated that motorcycle fatalities are down a bit from this same time last year. Last year we had 40 fatalities and this year we have 35 fatalities during the same period of time.

OLD BUSINESS

Board member Fred Harrell asked the administrator how the decrease in motorcycle fatalities this year compared to the number of motorcycle registrations. He also asked what the fatality numbers are for 2011 compared to 2010 stats. The administrator stated that he did not have that information but he would find out and get it to Fred.

NRS 486

Chairman Roger Fox stated that the move to revise NRS 486 is ongoing but we cannot get much moving until we are nearer the Legislative session.

Board member Fred Harrell would like the board, before the legislature goes back into session in 2013, have the recommended items for the 486 revision either on the state’s agenda for legislative change or will we have to submit the proposals through the Office of Traffic Safety or through the DMV to get the items on the legislative agenda.

The administrator stated that we have invited members of the Department of Motor Vehicles (DMV) to attend the board meetings to address concerns and changes with NRS 486. The program plans to have meetings with DMV employees and the Board members before the legislative session convenes. Board member Harrell asked if there were any projected dates for these meetings or if it is too far in advance to request this. The administrator stated that this could be done after the first of the year.

NEW PROGRAMS

Eagle Riders presentation

Individuals from Eagle Riders were not present at the meeting.

Appointment of Parliamentarian

Board member Roger Fox discussed what the word Parliamentarian means. He explained that this is someone who oversees the Motorcycle Advisory Board meetings to assure that we follow meeting guidelines and timeframes and keep the meeting on schedule.

Board member Fred Harrell stated that it is his understanding that the MAB has to follow meeting guidelines that are already published, i.e. Roberts Rules of Order. He also asked if the board would have to follow the open meeting law and if the Parliamentarian would correct the board if we were not adhering to it. The administrator stated that, Traci Pearl, administrator of the Office of Traffic Safety, said she believed the Parliamentarian must be a member of the board.

Board member Roger Fox asked if there was any further discussion on the Parliamentarian. Fred Harrell asked if it was required that the Parliamentarian be a member of the board.

Board Member John Breslow stated that he has worked with many boards and has previous experience as a Parliamentarian. However, he doesn’t have any knowledge of the open meeting law requirements. He does believe that if he is sent a copy of this, he can keep the board within its guidelines.

Board member Fox asked that the board vote to appoint a Parliamentarian for the motorcycle advisory board. Fred Harrall made a motion to nominate board member John Breslow as the Parliamentarian and this was seconded by Roger Fox. The motion was passed.

PUBLIC COMMENT

Roger Fox asked for any further public comment.

James Kimsey, Confederation of Clubs joined the meeting. He apologized for being late and made a comment to the board to introduce the board to the multi-state ride by the Iron Eagle group. Mr. Kimsey discussed the dates and the magnitude of this ride. He also mentioned that they would work with the motorcycle safety committees in each state to make this the model for multi-state safe riding events in the future. As the ride develops, they will be providing information to each of the states. James Kimsey will be more than happy to answer questions about the ride or will send out information as required.

Addressing comments made by Lily Gonzales of Quick Throttle Magazine, Tim Bayouth, drive examiner, DMV, Las Vegas spoke about his personal use of motorcycle helmets when riding motorcycles.

Additionally Ms. Gonzales asked that titles be mentioned in the minutes. The program assistant addressed this by saying that, if the attendees would state this information, clearly and slowly, at the time of roll call, she would be happy to include their respective titles.

Mr. Willie Olson, member of the public and motorcycle instructor commented that he disagreed with Ms. Gonzales’s assessment of the Nevada Rider Program. He went on to explain the merits of the program, including the use of the $6.00 registration fee for additional training. He stated that he believes the Nevada Rider Program is one of the best training programs in the nation.

Jude Hurin, DMV stated that DMV has been invited to the Motorcycle Advisory Board meetings as often as possible to help out with the particular information such as the changes to NRS 486. They are more than willing to work with the board as well as the Office of Traffic Safety to look at the proposals and decide as a body who would submit the bill drafts to the Legislature. Due to the limited staff and the amount of projects DMV is involved with, they will be able to attend the meetings as time permits. They appreciate the opportunity to be at this meeting today.

Board member Fox questioned the DMV staff about testing for three wheeled vehicles. Mr. Hurin stated that he didn’t currently have that information but would find this out for the board.

Fred Harrell asked if there was going to be any three wheeled training coming up by MSF or anyone else. The administrator stated that he was not sure. He stated that the program teaches two three wheeled vehicle training classes in northern Nevada and usually ends up canceling one of them. Board member Breslow asked if anyone knew the percentage of licensed motorcycles that were three wheeled vehicles. Jude Hurin of DMV was unaware of the percentage but stated he could look at that and see if he could come up with some numbers. John Breslow believes that they (three-wheeled motorcycles) are the new trend in motorcycles and stated that we should be prepared for this. Roger Fox wanted to know if our Trike/Side Car training program also accommodated the Spyder motorcycles. The program administrator stated that it does not. James Kimsey stated that a recent poll revealed that 5% of the motorized vehicles being licensed are three wheeled vehicles and appears to be increasing, especially as riders gets older. He believes the program should be looking at this also when planning future training needs.

NEXT MEETING – SET DATE

The next regular meeting date was set for January 12, 2012 at 1:00 pm.

ADJOURN

Board member John Breslow moved to adjourn the meeting. The motion was seconded by Fred Harrell. The meeting was adjourned at 1:41 p.m.