On Jan 9, the Oregon Traffic Safety Commission voted to uphold the recommendations of the Governor’s Advisory Committee on Motorcycle Safety to not allow MSF to be recognized as a basic motorcycle training program in Oregon.

Well, they did it. Instead of giving up the fight in Oregon as I thought they might have, the MSF has just signaled that another round is starting. IRVINE, Calif., Dec. 15, 2006 - The Motorcycle Safety Foundation filed a lawsuit against Oregon State University, its president, and also against Stephen Garets, both individually and in his official capacity as director of the Team Oregon Motorcycle Safety Program of OSU, charging the parties with copyright infringement and violation of the MSF’s rights under the Lanham Act. The complete press release.

Update 12/29/2006: lawsuit (pdf file)

So why didn’t they sue the state of Oregon? Team Oregon is a partnership of Oregon State University and the Oregon Department of Transportation. Maybe they’d rather not tangle with a state Attorney General or chance the possible negative publicity of doing so?

I must have been on happy weed when I thought the battle might be over. It’s not just Oregon that the MSF is concerned about. In addition to Oregon, Idaho and Hawaii have stopped using the MSF training curriculum. Earlier this year Colorado was going to look into using the Oregon curriculum. Washington is apparently looking at using the Oregon curriculum now. If the MSF didn’t do something who knows how many more states might jump off the MSF ship.

One thing they could have done but didn’t would have been to develop a quality curriculum that better meets the needs of the beginning motorcyclist. Instead, they chose to go with the ever popular American tradition, a lawsuit, to try and retain their dominance.

Shame on you MSF. And shame on everyone who blindly assumes the MSF is a benevolent organization that cares about the motorcycling public. They don’t. They are a manufacturer’s organization whose objectives are (1) to protect the interests of manufacturers and (2) help sell more motorcycles.

The MFS hasn’t had any luck getting the road bike Basic Riders Course (BRC) approved for DMV certification but Lady Luck has showered the MSF with success when it comes to dirt bike safety training. They own it (training rights) lock, stock and barrel. The USFS, BLM and ORPD recognize only the MSF dirt bike training curriculum. And it seems they aren’t doing a very good job of providing courses.

Ever tried signing up for a course? Good luck finding one (especially for adults). While such training is not currently required for adults (though it may be in the future) it is required for children under 12. Violations result in a citation. The Oregon Parks & Recreation Dept website states the fine is $180. In practice the fines have been $250. Think about that before hitting the trails with your children next season.

My interest in dirt bike training was sparked a couple of weeks ago when I received a report from a person (who doesn’t want his name spread all over the web, so let’s call him Anon) that outlines the troubles he encountered trying to (1) simply take a dirt bike course and (2) obtain certification from the MSF to conduct dirt bike safety training courses. Anon owns a logging business in Oregon and has used dirt bikes and other off highway Vehicles (OHV) in his business for many years. So he is no newcomer to off-road riding. His motivation: to better ensure the safety of his employees he wanted to be able to train them in the proper use of OHV’s. He has now published the report of his trials and tribulations on the web. Read it here.

From what he writes it seems the MSF is not doing a very good job of serving the Oregon dirt bike and ATV community.

Glossary of terms in the report:

• ATV – All Terrain Vehicle
• COHVOPS – USFS Combined Off-Highway Vehicle Operations Bend, OR
• DBS – Dirt Bike School
• LE – Law Enforcement
• MIC – Motorcycle Industry Council Irvine, CA
• MSF – Motorcycle Safety Foundation Irvine, CA
• OHV – Off Highway Vehicle
• ORPD – Oregon Parks & Recreation Dept: ATV’s
• PSS – Puget Sound Safety Tacoma, WA
• ROC – Retailer Operated Course
• SVIA – Specialty Vehicle Institute of America Irvine, CA
• USFS – US Forest Service

See Team Oregon vs MSF for background information.

This news is a bit old but you may not have heard it before. Oregon BikePac reported that the MSF did not attend the Oct 20 Governor’s Motorcycle Safety Advisory Committee meeting—not even their local attorney showed up. An ambiguous report from ODOT was submitted. Ambiguous because the MSF never produced a business plan, despite numerous requests for such a plan.

After a full and thorough hearing the committee unanimously recommended that the state of Oregon not accept the MSF program as an approved course for DMV skills waiver. The issue will next be addressed at the Nov 28 meeting of the OTSC.

Sounds like the MSF is going out with a wimper.

This is an image of a print ad I found on the Naval Safety Center web site. There are more images, each a variation of this theme including one huge, poster-size image.

Doesn’t it give you a warm fuzzy feeling and make you want to embrace a cute, cuddly motorcyclist? Ads such as these will surely make a dent in the problem of driver awareness and improve the image of riders at the same time. Motorists are really going to look forward to sharing the road with us. Thank you MSF for doing such a wonderful job on our behalf.<irony off>

What’s with the combination of a namby pamby “please share” entreaty with an image of the avenging biker from hell? It looks like they slapped some text on a movie poster.

Coming on the heels of the MSF’s tepid TV spot (Driver Awareness of Motorcyclists), seeing these ads brings to mind: Who needs enemies when you have friends like the MSF?

I might have had more to say but I shared the ads with Wendy Moon and she has said pretty much all there is to say, and then some. Read Wendy’s article.

While looking for more information about the MSF’s allegations of plagiarism and threats to sue Team Oregon, I stumbled across a lot of information about rider education in general, the MSF and Team Oregon’s BRT course on Wendy Moon’s Moonrider’s Motorcycling World web site. Wendy is a teacher at USC, freelance journalist and Sportster rider. She is the author of the Is This the MSF’s Secret Plan? article for MCN.

Below are links to articles pertinent to the situation between Team Oregon and the MSF.

A brief look at the TEAM Oregon curriculum, 05/1/05
Rocky times in the Rocky Mountain state, 11/29/05
What about Bob? The sequel, bigger and better, 11/30/05
Corner. M$F. Paint. And all thanks to Tim, 11/30/05
Troubled times continue in the Rocky Mountain state., 12/19/05
What are the charges and what do they mean?, 12/20/05
Copyright, plagiarism and fair use, 12/21/05

My search for information continues.

Yesterday in Team Oregon vs MSF (part 1) I wrote about friction between Team Oregon and the MSF. At that time I was not aware of the history behind the squabble. A reader on the Motorcycle-USA forums pointed me to three articles in Motorcycle Consumer News.

“Trouble in Rider Training” May 2004 (3 parts)
“The Fuss About Rider Training” January 2005 (2 parts)
“Is This the MSF’s Secret Plan?” August 2005 (6 parts)

The articles are well worth reading and I encourage you to do so if you are interested in this subject. For those who want only the short version, here is my take on the contents of the articles:
Read the rest of this entry »

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There’s discord in the motorcycle training family. Team Oregon, a cooperative partnership of OSU and ODOT, had previously used the curriculum for a course developed by the MSF. That course was revised and renamed the BRC. Believing that the revised course did not meet the needs of Oregon riders, Team Oregon developed and implemented its own curriculum, the BRT course. The MSF alledges that Team Oregon appropriated MSF intellectual property and is threating to sue Team Oregon.

Team Oregon is the only organization currently certified by ODOT to provide motorcycle training in the state. That certification allows a successful graduate of the Team Oregon BRT to obtain a motorcycle endorsement to his/her drivers license without taking the DMV skills test.

In November, BikePac of Oregon posted a news item (second item on the page) on it’s web site noting that the MSF has petitioned ODOT to have their course certified. The MSF’s submission includes their evaluation of the MSF program compared to Team Oregon’s program. The critique features a condemnation of Team Oregon and the methodology of Oregon’s study of rider training in the state.

I find the MSF condemnation both interesting and questionable in light of the fact that Team Oregon’s program is the best in the nation according to the NHTSA (article in the Corvallis Gazette-Times).

Furthermore the MSF seems to be muddying the water in other states. CDOT was studying the Team Oregon curriculum. According to Terry Howard in a post on the ABATE of Colorado website, the state has discontinued that review and consideration of the Team Oregon curriculum until all legal matters in Oregon have been resolved. “After discussion with folks in Oregon,” Terry writes, “what legal matters are present?? Per a conversation with BikePAC of Oregon, nothing has been filed by MSF against anyone. Threats? It seems our government [the state of Colorado] is bowing down under the pretense of “maybe” they will be sued.”

Terry adds “Earlier this week, we spoke to an attorney [who serves as outside general counsel to MSF]. He informed….that MSF has previously asserted a plagiarism claim against Steve Garets of Oregon State University/Team Oregon. MSF has also notified OSU/Team Oregon of it’s intent to pursue claims against them arising from MSF’s allegations that Team Oregon has misappropriated MSF curricular products in preparation of the Team Oregon’s BRT curriculum materials. Subject to approval of the MSF Board of Directors, MSF is prepared to assert claims against OSU/Team Oregon for copyright infringement, violation of the federal Lanham Act, common law misappropriation and/or a governmental “takings” claim. MSF has deferred legal action pending a decision on its request to the Oregon Department of Transportation for approval of MSF’s Basic Rider Course curriculum in Oregon.”

Terry continues, “What is this? Sounds like leveraging, or maybe we could call it blackmail? [The MSF outside counsel] goes on to inform us, and later confirmed in writing, that MSF will pursue the same legal claims against states, entities, or persons that use “misappropriated BRT curriculum outside of Oregon”.

Well Terry, I don’t know if it is blackmail but something is awry when one non-profit organization starts threatening another. Both organizations are dedicated to increasing motorcycle safety through education and training. Now it seems that some of the money that should be spent to that end may wind up being diverted into lawyer’s pockets. Oh, goody…that’s just where I wanted my tax dollars and contributions to go. <irony off>

Does the MSF have its nose out-of-joint because the Oregon program is so highly regarded? Are they jealous? Is Team Oregon taking money that the MSF thinks should be theirs? Or do they have a legitimate beef? I don’t know but I hope this is resolved soon and without lasting rancor. Both organizations do good work and that is what they should be doing—working, not litigating.

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