Born To Ride News

PICKERINGTON, Ohio — Former American Motorcyclist Association (AMA) Board Chairman Dal Smilie was sentenced Monday, Feb. 22, to eight months in prison and two years probation for embezzling more than $100,000 through fraudulent travel reimbursement claims submitted to the AMA over a period of years ending in 2007.

Smilie pleaded guilty to felony counts of grand theft by deception and of receiving stolen property in the Fairfield County, Ohio, courtroom of Judge Chris Martin. He was taken directly into custody to begin serving a sentence that could see him request early release after 30 days.

Speaking to Judge Martin before his sentencing, Smilie expressed remorse for his actions.

“I’ve got much to apologize for, and many people to apologize to, including AMA members, AMA staff, my fellow board members and volunteers,” he said. “I’ve let them down.”

Smilie acknowledged that his fraudulent travel-reimbursement claims stemmed from his time as an AMA board member. “I overstated travel claims,” he said. “I co-mingled funds. That’s misappropriation. That’s theft. That’s a breach of trust, and I’m sorry for that. I was an honorable person, and I kind of slid into this. I don’t have good excuses.”

Fairfield County Assistant Prosecutor Gregg Marx said after the hearing that the sentence was appropriate, especially in light of the fact that Smilie paid restitution to the AMA for the money in question. “We’re very pleased with the resolution of this case.”

AMA President and CEO Rob Dingman echoed those sentiments. “On behalf of the members of the American Motorcyclist Association, we are satisfied that justice has been served, and we are glad to put this matter behind us,” he said.

About the American Motorcyclist Association

Since 1924, the AMA has protected the future of motorcycling and promoted the motorcycle lifestyle. AMA members come from all walks of life, and they navigate many different routes on their journey to the same destination: freedom on two wheels. As the world’s largest motorcycling rights organization, the AMA advocates for motorcyclists’ interests in the halls of local, state and federal government, the committees of international governing organizations, and the court of public opinion. Through member clubs, promoters and partners, the AMA sanctions more motorsports competition and motorcycle recreational events than any other organization in the world. AMA members receive money-saving discounts from dozens of well-known suppliers of motorcycle services, gear and apparel, bike rental, transport, hotel stays and more. Through its Motorcycle Hall of Fame Museum, the AMA preserves the heritage of motorcycling for future generations.

IRVINE, Calif., Feb. 22, 2010 – The Specialty Vehicle Institute of America (SVIA) issued the following statement on the “CPSC 2008 Annual Report on ATV Deaths and Injuries”:

“The Consumer Product Safety Commission (CPSC) recently issued a report that showed significant progress in reducing injuries and fatalities associated with all-terrain vehicle (ATV) use.  The ‘CPSC 2008 Annual Report on ATV Deaths and Injuries’ found that total ATV-related injuries in 2008 decreased 10% from 2007, with injuries to children under 16 declining 6%.

“Following CPSC’s release of this report, some groups have made statements containing false information regarding the report’s data, implying that the decrease in injuries was due to CPSC compiling the 2008 data in a different manner than in previous years by removing recreational off-highway vehicles (ROVs) from the report.  This is simply not true.  ROVs have never been included in the CPSC’s Annual Report.

“The CPSC compiled data for the 2008 report in the same way it has done previously.  In fact, in comparing the 2007 and 2008 CPSC reports, CPSC offers the same definition of what is, and what is not, an ATV.  The 2007 and 2008 reports both state: ‘The CPSC defines an ATV as an off-road, motorized vehicle having three or four low pressure tires, a straddle seat for the operator, and handlebars for steering control’ [the 2008 report added 'for steering control]. As important, both the 2007 and 2008 report stated that ‘Off-road motor vehicles having bench seats and/or steering wheels… are not categorized as ATVs by CPSC staff.  Consequently, fatalities and injuries associated with these types of vehicles are not included in this report.’

“The CPSC’s most recent report should be viewed as good news by all and reflects the results of the long-standing, tireless efforts made by major ATV manufacturers and distributors to promote ATV safety.”

A copy of the CPSC’s 2008 Annual Report of ATV-Related Deaths and Injuries is available at <http://www.cpsc.gov/LIBRARY/FOIA/FOIA10/os/atv2008.pdf>.  The CPSC’s 2007 Annual Report can be found at <http://www.cpsc.gov/LIBRARY/atv2007.pdf>.

The ATV industry is committed to the safety of riders and will continue to promote and enhance its multi-tiered efforts to increase awareness of the proper operation and use of ATVs.  Unfortunately, more than 92% of ATV-related fatalities involve one or more behaviors that the industry strongly and visibly warns against in its rider education programs, in all its literature, and on the vehicles themselves.

The ATV industry remains concerned that the effective ban on the sale of youth model ATVs resulting from the lead content provisions contained in the Consumer Product Safety Improvement Act will likely result in children under 12 years of age riding the more accessible larger and faster adult-size vehicles, creating – in the CPSC’s own words – a “more serious and immediate risk of injury or death” than any risk from lead exposure.  SVIA strongly encourages Congress to end the ban on the sale of youth model ATVs.

We urge all ATV enthusiasts and their families to follow the Golden Rules:

1.    Always wear a helmet and other protective gear.

2.    Never ride on public roads — another vehicle could hit you.

3.    Never ride under the influence of alcohol or other drugs.

4.    Never carry a passenger on a single-rider vehicle.

5.    Ride an ATV that’s right for your age.

6.    Supervise riders younger than 16; ATVs are not toys.

7.    Ride only on designated trails and at a safe speed.

8     Take an ATV RiderCourseSM; call toll-free at 800.887.2887, or take the free E-Course at www.atvsafety.org/.

The Specialty Vehicle Institute of America® promotes the safe and responsible use of all-terrain vehicles through rider training, public awareness campaigns and state legislation. Additionally, the SVIA works to preserve access to off-road lands and expand riding opportunities. The SVIA is a resource for ATV research, statistics and vehicle standards. Accredited by the American National Standards Institute (ANSI), the SVIA develops standards for the equipment, configuration and performance requirements of ATVs.

Based in Irvine, Calif., the SVIA is a not-for-profit industry association sponsored by Arctic Cat, BRP, Honda, Kawasaki, KTM, KYMCO, Polaris, Suzuki, Tomberlin, and Yamaha. Visit the SVIA online at  www.atvsafety.org/. For safety information or to enroll in the ATV RiderCourse nearest you, visit www.atvsafety.org/ or call (800) 887-2887.