New Jersey bans.......Quick Releases? Yeesh!

**rideit** · 06-16-2007, 01:29 PM

New Jersey Passes Bill Banning Quick Release Wheels

By Lynette Carpiet

JUNE 15, 2007 -- TRENTON, NJ (BRAIN)--The New Jersey bicycle business may be in serious trouble unless retailers and suppliers take immediate action. State legislators earlier this week approved a bill banning the sale of all bikes equipped with current quick release wheels and tabbed tips.

Under the bill, it would be illegal to sell bicycles with quick release wheels unless they met performance specifications that are not commercially available. Assembly bill A2686, which was introduced in February 2006, passed in the assembly with a vote of 77-3 and is now headed to the Senate Commerce Committee.

While originally drafted to ban quick release wheels on children’s bikes, the bill was recently amended to include bikes with 20-inch or larger wheels. It also stipulates that the secondary retention device on a wheel meet certain specifications, including that it activate automatically and always prevent wheel separation.

“It’s being promoted as a bill intended to protect children,” said Bob Burns, Trek’s legal counsel and spokesman for the Bicycle Product Suppliers Association. “But the language would make every bicycle with quick release currently for sale in New Jersey illegal. This bill is not intended just for children’s bikes.”

Furthermore, Burns said there’s currently no secondary retention device on the market that would comply with the bill. “No system always retains the wheel,” he said. “Even the bolted axle, if the bolts aren’t on right, the kid’s in trouble. As of right now, there’s nothing on the floor that meets this definition and nothing on the horizon that is commercially proven.”

For the past year, the BPSA had been working with Assemblyman Paul Moriarty, the bill’s sponsor, on alternate language that would not prohibit the use of quick releases. The BPSA is now encouraging all dealers to contact New Jersey state senators and voice their opposition to the bill.

While it’s likely that the bill as written would be pre-empted by federal regulations that currently define how a quick release should perform, the law would still be in effect until a successful legal challenge was mounted in the courts.

“Bicycles are regulated by the Feds. If you start getting state-by-state regulation of bicycles, it will make selling bicycles in the U.S. very burdensome and extremely expensive for manufacturers and retailers,” Burns said.

“We need to get the New Jersey Senate Commerce Committee to listen to us and get them to consider the impact the bill would have on the bicycle business in New Jersey,” he added.

**Hutch** · 06-16-2007, 01:44 PM

what the fuck?

**Rontele** · 06-16-2007, 02:02 PM

I bet there is some federal preemption lurking.

**uncle crud** · 06-16-2007, 03:48 PM

New Jersey's product liability laws are aggressive and often times go too far, despite their best intentions. This would be one of those times. When I was living and practicing law in NJ (1990-1998) there were a few suits about bicycle safety, rulings against bicycle mfrs when the problem wasn't the product, it was the idiots using the product. But that's the plague of product liability laws in every aggressive state.

Rontele, can there be pre-emption here? Can't NJ decide to go further to protect its citizens than any federal level of safety requirement? I'm pretty sure I remember federalism as including the right to have more stringent restrictions in the interest of citizen protection.

**rideit** · 06-16-2007, 03:58 PM

I worked for a shop in the nineties in NY that was successfully sued for $6,000,000 for not installing all of the reflectors on a bicycle, even though the defendant had removed the ones that were installed.
Fuct.

**Rontele** · 06-16-2007, 03:59 PM

Originally Posted by uncle crud

Rontele, can there be pre-emption here? Can't NJ decide to go further to protect its citizens than any federal level of safety requirement? I'm pretty sure I remember federalism as including the right to have more stringent restrictions in the interest of citizen protection.

Not if it frustrates the purpose of a federal regulatory scheme. Atlantic-Richfield v. Ray

**Benny Profane** · 06-16-2007, 04:01 PM

Holy crap. I hate this fucking state. They squeeze a fucking strip mall into a wide spot on the side of RT 3, putting countless lives in danger just from the traffic patterns, and, yet, this shit. Saving us from out stupidity. The property taxes are obscene for the quality of life you pay for, and going up, and they just discovered that they really screwed up funding the pensions for state workers. By, like, billions. The federal government is going over the books right now. But, of course, I have to drive at least a half hour to NY to road ride. Well, almost.

One of the oldest and highest volume Serotta dealers in the country is located in Park Ridge http://cyclesportonline.com/index.cfm. Betcha he's pissed off, too.

**schindlerpiste** · 06-16-2007, 04:16 PM

Man, am I glad that I stopped practicing law in that shithole.

You gotta love the plaintiff's personal injury bar. Sheesh!

...And Deborah Poritz and James Zazzali are like "Dumb and Dumber." Let's see what Corzine's successor pick (Rabner) will be like. He's young, and has been with the US Attorney's office since I became a lawyer.

**Plakespear** · 06-16-2007, 04:20 PM

What the fuck? Did the authors of this bill actualy do any research on the bicycle industry? Considering the economic impact this would have, I'm sure this will get vetoed or whatever before it becomes a real law. But it's kind of scary how stupid people are (even in Jersey).

**Benny Profane** · 06-16-2007, 04:30 PM

Insurance companies have been a powerful lobbying interest in this state since I grew hair downtown. And that's been a long time.

**Arty50** · 06-16-2007, 05:57 PM

This is the most insane thing I've ever heard. Ok, well maybe not the most, but it's up there.

I've taken my 5 Spot down some burly rides, and the least of my worries has been the quick release popping off. I think the Manipoo I have on it will fold before that happens. Seriously, I can't think of a single time my quick release has ever released without me reaching down and flipping the lever.

**Flexon Phil** · 06-16-2007, 06:42 PM

But it is OK to ride a motorcycle without a fucking helmet.

Why don't they go after Halliburton

**uncle crud** · 06-16-2007, 06:44 PM

Originally Posted by Rontele

Not if it frustrates the purpose of a federal regulatory scheme. Atlantic-Richfield v. Ray

I understand and agree with that point. But I don't think more protection frustrates the purpose of the CPSC.

For example, as I see it, frustrating the point of CPSC regs would be New Jersey allowing (or worse, requiring) sales of bicycles that are MORE dangerous than CPSC regs require.

But that's how I see it and I'm going on memory and my recent readings of the Federalist and Anti-Federalist papers. You're the one studying for the bar exam.

**Rontele** · 06-16-2007, 06:44 PM

Originally Posted by Flexon Phil

But it is OK to ride a motorcycle without a fucking helmet.

Why don't they go after Halliburton

Cause I am pretty sure that Halliburton doesn't make quick releases.

**bagtagley** · 06-16-2007, 06:44 PM

Originally Posted by Arty50

Seriously, I can't think of a single time my quick release has ever released without me reaching down and flipping the lever.

Paging fondigley...

**uncle crud** · 06-16-2007, 06:48 PM

Originally Posted by Flexon Phil

But it is OK to ride a motorcycle without a fucking helmet.

Why don't they go after Halliburton

Halliburton are PATRIOTS! They are PAVING THE WORLD FOR DEMOCRACY!

**schindlerpiste** · 06-16-2007, 07:36 PM

Originally Posted by Flexon Phil

But it is OK to ride a motorcycle without a fucking helmet.

Why don't they go after Halliburton

Not in NJ

**truth** · 06-17-2007, 08:59 PM

Like I've always said, fuck New Jersey.

**ak_powder_monkey** · 06-18-2007, 03:13 AM

[carlos mencia] Deet de de [/CM]

**jon gaper** · 06-18-2007, 08:33 AM

and the damned assholes who write them?

**cj001f** · 06-18-2007, 08:36 AM

Originally Posted by uncle crud

PAVING THE WORLD FOR DEMOCRACY!

I thought that was Bechtel.

**uncle crud** · 06-18-2007, 11:02 AM

Originally Posted by cj001f

I thought that was Bechtel.

It was during Reagan and Poppy Bush, but it's 2d in line these days.

**cj001f** · 06-18-2007, 11:13 AM

Originally Posted by uncle crud

It was during Reagan and Poppy Bush, but it's 2d in line these days.

See W is a free marketeer - we all can own stock in Halliburton - Bechtel is private!

**altagirl** · 06-18-2007, 11:20 AM

Originally Posted by bagtagley

Paging fondigley...

I tore my MCL in a qualifying run for mountaincross when my rear wheel fell off going over the finish line jump. (Through-axle was installed the next week..)

That was fucking sweet.

Not that I'm saying they should be banned. But yes, despite it being something of a freak occurrence, you can potentially hurt yourself.

**A Random Skier** · 06-18-2007, 02:57 PM

Originally Posted by Benny Profane

Holy crap. I hate this fucking state. They squeeze a fucking strip mall into a wide spot on the side of RT 3, putting countless lives in danger just from the traffic patterns, and, yet, this shit. Saving us from out stupidity. The property taxes are obscene for the quality of life you pay for, and going up, and they just discovered that they really screwed up funding the pensions for state workers. By, like, billions. The federal government is going over the books right now.

Ditto, this place sucks

Only we would come up with a bill so pointless

Ridiculous!

What the fuck are all of the local shops supposed to do. Even these not so large places own large numbers of bikes, which they are now supposed to get rid off because they're "illegal." Sometimes this state just goes to far with their obsessive safety laws. I mean, how often does one of these actually malfunction and accidently release. AG's accout right there is the first I have ever heard/witnessed.