ABATE of the Garden State - A New Jersey Motorcycle Alliance

ABATE of the Garden State is a non-partisan legislative organization that represents the interests of the over 165,000 registered motorcyclists in New Jersey.

Why Should I Care?

In North Carolina a new helmet law went into effect on Jan 1 that outlaws novelty helmets and requires riders to wear those heavy and bulky DOT approved helmets regardless of the drivers experience or driving record. Why should I care? North Carolina is far away and this law will not affect me.

Australia recently tightened their helmet laws so that if you are caught riding without a helmet, you get 6 points on your driving record despite the fact that it is simply an equipment violation, and not a moving violation. Why should I care? Australia is far away.

Florida has recently introduced a new bill that would confiscate your motorcycle, has mandatory jail time, and the loss of your driver’s for 10 years for popping a wheelie. Let me see, 10 years loss of license and jail time for doing a wheelie, but if an auto driver carelessly kills a biker, he or she gets a fine. Hardly seems proportionate to me! I personally find the confiscation of the motorcycle very troubling. It does not take much imagination to see the potential for abuse here. However, why should I care? Florida is far away and that could never happen here.

Australia recently passed and is now enforcing a law that allows the police to confiscate your motorcycle if you belong to a “motorcycle club”. Wow, is ABATE a motorcycle club? Could my motorcycle be confiscated for being a member? Are the HOG groups motorcycle clubs? Are the Patriot Guard members in a motorcycle club? Where will a prosecutor draw the line? Have any prosecutors ever abused their positions in the past? Well, why should I care? Australia is far away and it could never happen here.

Well it COULD happen here and it IS happening here. There are over 200 federal forfeiture laws are attached to non-drug related crimes and in America today, anyone can become a victim of a police confiscation raid. Every state police department — and most local ones — are now confiscating property, often without even charging the person for a crime. Financially strapped states and municipalities are now making next year's planned confiscations a growing item in their budgets. As state and local government budgets are squeezed, they rely more and more on direct confiscation of property for revenue. Incredible as it sounds, civil asset forfeiture laws allow the government to seize property without charging anyone with a crime.

The NJ Senate even considered Bill S3024 which advocated confiscation of ATVs and Dirt Bikes if caught riding on public land. This new focus on confiscation is a very dangerous trend that needs to be stopped in its tracks before it becomes law. Once a bill becomes law it is very difficult to repeal it. The time to act is now BEFORE it becomes law. Why should I care? I ride a motorcycle not an ATV.

Remember this famous saying:
When the Nazis came for the communists, I remained silent; I was not a communist.
When they locked up the social democrats I remained silent; I was not a social democrat.
When they came for the trade unionists, I did not speak out; I was not a trade unionist.
When they came for the Jews, I did not speak out; I was not a Jew.
When they came for me, there was no one left to speak out.
by Frederick Gustav Martin Niemöller

Right now bikers in other areas are under attack. Do not wait until we are under attack. Once far away places pass laws against bikers, they serve as models of what can be done in other areas. Once confiscation laws are passed against bikers in NJ or other states or countries, who will be next? I know I would not want to see laws like these even considered to be passed here.

So who is out there working to protect your freedoms when it comes to motorcycling? In the last year ABATE has been successful in getting a bill passed declaring May as Motorcycle Awareness Month. We have been successful in getting bills introduced to significantly increase penalties for tailgating a motorcycle (Senator McCollough of Mays Landing), establish a task force to study the feasibility of legal lane splitting for motorcycles caught in traffic congestion Bill A-3701, and Bill S-1004 which establishes additional penalties for motor vehicle right away violations. We have established a working relationship with legislators from both political parties. ABATE of the Garden State doubled its membership 2 years ago, and doubled it again last year. If we can continue to grow at this rate we will have considerable success in advancing our agenda. We need YOU to make this happen.

Margaret Mead once said, 'Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has.' We need to be that committed group.
So, what can you do?

When riding through North Carolina and Virginia, do not stop for gas, food or lodging. Do not contribute money to a state that does not respect your right to make your informed decision. Try to spend your money in states that do respect your rights and let the merchants know why you are spending your money there. The merchants will quickly realize that they are losing money because of nuisance laws and will eventually join the bikers to press the legislators to get rid of these laws.
VOTE! Our strongest leverage is our ability to influence elections. Imagine, there are 165,000 registered motorcycles in the state of NJ and if you count friends, spouses, and family, you can at least double that number. With today’s close elections, if we vote as a block, we can decide many of the winners and losers.
Be aware! Read the papers, scour the Internet, visit the ABATE website (http://www.gardenstateabate.org) and keep up on the news regarding your freedom to enjoy biking. Remember, This is your RIGHT, our constitution has a clause about the "pursuit of happiness"
If you are not already a member, join a motorcycle rights organization (MRO) such as ABATE. ABATE works hard to protect and defend your rights at the state level. The Motorcycle Riders Foundation (MRF) protects your rights and freedoms on the federal level. It deserves your support. (http://www.mrf.org/join.php)
If you are already a member of ABATE, become more involved. Attend meetings, participate in a committee, help plan events, talk about the organization to your friends urging them to join. If every member and new member brings in just 2 new people, we can continue to grow and increase our effectiveness. You do not have to be a biker to join and help the cause.

Rudy Avizius
ABATE of the Garden State