NJ Dual Sports

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b3h
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NJ Dual Sports

Post by b3h » Tue Aug 14, 2012 4:42 pm

Not really MD related but close.

BLUERIBBON COALITION PARTNER ALERT!

NJ DEP Proposed Rule Would Prohibit Dual-Sport Motorcycles on State-Managed Lands

Dear BRC Action Alert Subscriber,

First off, apologies for the late notice on this alert.

The folks at AMA blasted an important action alert about a proposed new "Rule" from the New Jersey Department of Environmental Protection (DEP). We wanted our members to be aware and to take action.

As AMA's alert states, the DEP is proposing an amendment to the State Parks Service Code that would, among other things, define motorcycles as "off-road vehicles," which would generally prohibit them from state parks. The proposal would exempt certain types of motorcycles "including touring motorcycles, traditional or commuter-type, cruisers or choppers, and sportbikes ..." from the definition of off-road vehicle. However, the rule doesn't exempt dual-sport or adventure motorcycles from the definition of off-road vehicle. Presumably, dual-sport and adventure motorcycles would be prohibited from state park roads even though they're street legal.

I can't think of a more discriminating policy, and I hope you agree, although it seems more of the same from New Jersey's DEP.

AMA is looking into this and developing comments as we speak, but we hope you'll take the time to, at the minimum, send comments saying you oppose the new rule.

We've pasted the alert below. It's also on the web here.

As always, please call or email if you have any questions or comments.
Ric Foster
Public Lands Department Manager
BlueRibbon Coalition
208-237-1008 ext 107

AMA Release:

DEP Proposed Rule Would Prohibit Dual-Sport Motorcycles on State-Managed Lands
Your Comments Needed by Sept. 14
More Info

The American Motorcyclist Association believes that you will be interested in reviewing and commenting on a New Jersey Department of Environmental Protection Proposed Rule.

The DEP is proposing an amendment to the State Parks Service Code that would, among other things, define motorcycles as "off-road vehicles," which would generally prohibit them from state parks. The proposal would exempt certain types of motorcycles "including touring motorcycles, traditional or commuter-type, cruisers or choppers, and sportbikes ..." from the definition of off-road vehicle. However, the rule doesn't exempt dual-sport or adventure motorcycles from the definition of off-road vehicle. Presumably, dual-sport and adventure motorcycles would be prohibited from state park roads even though they're street legal.

It isn't clear how the DEP would determine what constitutes a prohibited or exempt motorcycle. However, DEP documents say that motorcycles to be exempt from the state parks ban are " ... not designed to be operated off-road and are, therefore, excepted from the proposed definition. Accordingly, unlike the vehicles categorized as off-road vehicles, motorcycles may be driven on established public roads..."

The AMA is still developing its official comments in response to this rulemaking and will post them to http://www.americanmotorcyclist.com when they're finalized.

Riders are encouraged to review the DEP proposal and to provide comment to the agency. It is also recommended that riders send copies of their comments to Gov. Chris Christie and to their state legislators.

Due Date: Sept. 14, 2012
Comment at: http://www.nj.gov/dep/rules/comments/
Or mail to: Alice A. Previte, Esq., ATTN: 01-12-06, NJ Department of Environmental Protection, Office of Legal Affairs, Mail Code 401-04L; PO Box 402, 401 East State Street, 4th Floor, Trenton, NJ 08625-0402
Proposed Rule: http://www.nj.gov/dep/rules/proposals/20120716a.pdf

Information about your state legislators can be found on the Rights section of the AMA website.

If you participate in this rulemaking please share your comments with the AMA at grassroots@ama-cycle.org.

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Rut Row
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Re: NJ Dual Sports

Post by Rut Row » Tue Aug 14, 2012 4:46 pm

is it rule "DEP Dkt. No. 05-11-03, Public Access Substantial Change Notice"?

Sounds like they are taking a script from Maryland and PA
Ken
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Die young as late as possible, remember who you were before the world told you how it should be. -- Barry Morris

BillyGoat
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Re: NJ Dual Sports

Post by BillyGoat » Tue Aug 14, 2012 4:58 pm

My comment FWIW:

My comment is that other on road motorcycles will be inadvertantly excluded by your too strick definition of exempt vehicles.

It isn't clear how the DEP would determine what constitutes a prohibited or exempt motorcycle. However, DEP documents say that motorcycles to be exempt from the state parks ban are " ... not designed to be operated off-road and are, therefore, excepted from the proposed definition. Accordingly, unlike the vehicles categorized as off-road vehicles, motorcycles may be driven on established public roads..."

Dual sport motorcycles are designed to be ridden on-road however, they have off road capability as do any of the proposed exempt motorcycles or cars or trucks if equipped with the proper tires. Similarly there are a class called "adventure motorcycles" They are large touring motorcycles with luggage bags that also happen to have more off road capable tires. Most people never take dual sport or adventure bikes offroad so I believe you may intend to expand the exemption to include any motorcycle that is licensable for on-road use.

Sincerely,
Billy Gleaves
KTM 450 EXC mostly
Member AMA, PaTRA, MD OHV Alliance, trying to join R&T

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phoo
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Re: NJ Dual Sports

Post by phoo » Thu Aug 16, 2012 8:20 pm

It seems to me this is easily fought in court with registration and insurance card. Of course, the goal is to not have to go to court for it.


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