CLEVELAND PLAIN DEALER

Motorcycle hall inductee helps protect bikers' rights
Sunday, October 03, 2004
Mark Spang

Anyone who drives a convertible, rides a bicycle or eats hamburgers ought to be an advocate for motorcycle rights, Dal Smilie says.

Smilie is among 11 people who will be inducted Saturday into the Motorcycle Hall of Fame Museum in Pickerington, Ohio.

While most of the other 2004 inductees earned their reputations on the race track, Smilie is being recognized for his work to keep roads open to motorcyclists, keep health insurers from refusing to cover their injuries and demanding that the law take seriously the killing of motorcyclists by negligent drivers. He has also lobbied against mandatory helmet laws, although he personally chooses to wear one.

As a board member of the American Motorcyclist Association since 1982, Smilie, 56, of Montana, has put his focus on rights of motorcycle riders. But in a broader sense, he said, everyone's freedom to participate in an activity that some may call risky is at stake.

"If you want to have some personal liberty and choice, then I think I'm on the right side," said Smilie.

Smilie said that with the AMA he likewise encourages motorcyclists to respect the rights of others on the road and ride responsibly.

"Excessive speeds and stunts that threaten the lives of other people are wrong. Those guys should not be doing that stuff - period," Smilie said.

Such actions also make preservation of rights for all motorcyclists more difficult, he said.

He supports the American Motorcyclist Association's stand against excessively loud exhaust pipes. He said motorists - and legislators - don't pay much attention to the quiet, law-abiding motorcyclists on the street. But after being passed by several with extremely loud pipes, they may want to take action against all motorcyclists.

Smilie cited the following examples of threats to motorcycle rights.

No motorcycles allowed

In 1998, some city aldermen wanted to keep all motorcycles off of Lakeshore Drive in downtown Chicago at night. Motorcycle groups objected and reminded the city of a previous lobbying victory - a loss of federal highway money if motorcycles are banned from a roadway. It remained open.

No "superbikes"

In the mid-1980s, high-performance "superbikes" were becoming popular. Then-Sen. John Danforth of Missouri decided they didn't belong on public roads. Motorcycle lobbyists successfully convinced Danforth that motorcycle deaths on these bikes were being caused by a lack of motorcycle training, violation of existing speed laws and drinking and riding. Ridden well, the high-performance bikes can provide more maneuverability and control. Smilie said Danforth has been an ally of motorcyclists ever since.

Reading the fine print

During debate over the Health Insurance Portability and Accountability Act of 1996, lobbyists for motorcyclists worked to remove language that would allow companies to refuse insurance to people whose activities involve risk.

"OK, so the plan doesn't cover rodeo cowboys, and you say, 'What do I care? I don't know any rodeo cowboys,' " Smilie said. "Well, then what about rock climbing? Horseback riding? Mountain biking? Riding in convertibles? Eating hamburgers?"

The lobbyists were successful, but when the regulations were written, "source of injury exclusions" were allowed.

In other words, if you break your leg falling down the stairs, you may be covered, but if you did it while participating in an activity named by the insurance company, you are not.

The AMA is now promoting passage of House Bill HR1749 and Senate Bill S423 to prevent such exclusions.

Slap on the wrist

Former South Dakota congressman and governor Bill Janklow was convicted in December of driving a car through a stop sign and killing a motorcyclist. The judge in the case sentenced him to 100 days in jail.

Smilie says negligent drivers often kill people and get off with light penalties. For that reason, the AMA is mounting a "Justice for All" campaign to lobby for more severe penalties when people are killed by careless drivers.

"Watch how some people are distracted when they are driving. They're drinking coffee, eating, reading, talking on the phone. They pay no attention to bicycles, kids crossing the road or motorcyclists," Smilie said. "When they run over these people, it's amazing how light the penalties are."

"Dal Smilie is a great example of how a person can turn his concern into action," said AMA spokesman Tom Lindsey.

	Dal Is Running for Re-election
		Dal Smilie is Running for Re-election to the AMA board of Directors.