BILL ANALYSIS Ó
AB 1047
Page 1
Date of Hearing: January 9, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1047 (Jeffries) - As Amended: January 4, 2012
SUBJECT : Vehicles: motorcycle safety
SUMMARY : Prohibits local law enforcement from using motorcycle
safety program grant funds to conduct motorcycle-only
checkpoints.
EXISTING LAW:
1)Established the Motorcycle Safety Program (MSP) in the
California Department of Highway Patrol (CHP).
2)Provides for reimbursement from grant funding to all public
agencies assisting or providing MSP services.
3)Establishes a Motorcycle Safety Fund (MSF) in the State
Treasury to fund motorcycle safety programs and to defray
related costs.
4)Authorizes the Department of Motor Vehicles (DMV) to collect a
fee of two dollars upon initial registration and renewal
registration of motorcycles to be deposited into the MSF.
5)Authorizes a local jurisdiction to establish, by ordinance, a
vehicle inspection and sobriety checkpoints program to check
for violations related to the escape of exhaust products and
drivers who are under the influence of drugs or alcohol.
FISCAL EFFECT : Unknown
COMMENTS: By introducing this legislation, the author intends
to ensure that National Highway Traffic Safety Administration
(NHTSA) grant monies are not used to fund motorcycle-only
checkpoints in California.
Motorcycle-only checkpoints, first established in New York
State, were developed in response to the NHTSA's comprehensive
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Motorcycle Safety Plan that urged states and municipalities to
address the growing problem of increased motorcycle fatalities.
New York State Police (NYSP) conducted the first motorcycle-only
checkpoint in 2007 and additional checkpoints were established
in 2008 using NHTSA grant funds. Studies conducted after
completion of the motorcycle-only checkpoints in 2008 showed a
dramatic increase in the number of tickets issued for illegal
helmet use and linked it to a 17% decrease in motorcycle
fatalities in the state in 2009.
In 2009, several motorcycle riders that were stopped at the
motorcycle-only checkpoints in New York sued the state claiming
that the main purpose of the checkpoints was to look for
criminals and that the practice was intrusive and unfair to
riders (Wagner et al. v. The County of Schenectady, NY et al.).
A federal judge dismissed the case in November 2011, rejecting
the motorcyclists' claims that their constitutional rights were
violated by NYSP and concluding that the checkpoints were
enacted to promote motorcycle safety and were effective in
addressing this interest. In addition to New York, both Georgia
and Virginia now also conduct motorcycle-only checkpoints using
NHTSA grant monies.
In response to the growing use of motorcycle-only checkpoints,
motorcycle advocacy group are urging lawmakers to ban the
practice. To date, New Hampshire and North Carolina have passed
laws banning the use of NHTSA grant funds for motorcycle-only
checkpoints. At the federal level, Wisconsin Congressmen Jim
Sensenbrenner, Tom Petri, Paul Ryan, and Sean Duffy have
introduced H.R. 904 that, if enacted, would prohibit the U.S.
Secretary of Transportation from providing funds to state and
local governments for the creation motorcycle-only checkpoints.
Currently, California law only authorizes law enforcement to
conduct vehicle inspection and sobriety checkpoints. Pursuant
to this authority, a county board of supervisors may, by
ordinance, establish a combined vehicle inspection and sobriety
checkpoint program where vehicles are required to stop and
submit to an inspection by law enforcement officers.
The author contends that motorcycle-only checkpoints are being
conducted in California, however, the Committee was unable to
identify instances where motorcycle-only checkpoints have been
carried out. The author cited an example of a motorcycle-only
checkpoint that occurred in Citrus Heights, California; however,
in this instance the local law enforcement agency was conducting
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a targeted enforcement effort rather than a motorcycle-only
checkpoint.
Targeted enforcement efforts and checkpoints are often confused.
The distinguishing feature of a checkpoint is that drivers are
required to pull over and stop in a designated area when
requested to do so by law enforcement personnel. Once a vehicle
has pulled into the designated area, they are required to submit
to an inspection conducted by a law enforcement officer.
Drivers are notified that the checkpoint is in place by posted
signs that require drivers to pull over and stop. Drivers who
fail to stop may be cited.
Targeted enforcement programs, on the other hand, call for the
deployment of additional law enforcement officers in a given
area to look for and cite drivers for specific violations. An
example of a targeted enforcement effort would include the
recent Click It or Ticket campaign to increase compliance with
seatbelt laws. Examples of targeted enforcement efforts
involving motorcyclists include a six-month enforcement campaign
by CHP to increase patrols on a 33-mile stretch of State Route
(SR) 74 near Temecula which focused on traffic violations made
by motorcyclists. An example of a targeted enforcement program
carried out by a local law enforcement agency includes efforts
by the Folsom Police Department aimed at reducing traffic
violations by motorcyclists and other vehicle drivers that have
led to motorcycle collisions, injuries and fatalities in in the
Folsom, California area. Targeted enforcement efforts such as
these are typically funded by Office of Traffic Safety (OTS)
using NHTSA motorcycle safety grant funds. In addition to
increased enforcement, targeted enforcement programs can also
include public awareness media efforts designed to reduce the
overall incidence of specific violations.
Both CHP and local law enforcement entities indicate that they
do not conduct motorcycle-only checkpoints. OTS also confirmed
that no grant funds have been used to fund motorcycle-only
checkpoints and, that despite the fact that other states have
used this method to increase compliance with existing laws, OTS
does not have plans to conduct motorcycle-only checkpoints in
the future.
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While this bill specifically cites motorcycle-only checkpoints,
there are concerns that the language could be more broadly
interpreted to preclude the use of grant funds for other
safety-related motorcycle safety programs such as targeted
enforcement programs. There is also concern that the bill could
adversely affect the use MSF monies primarily because the
language was placed in the Vehicle Code section that describes
the MSP and use of MSP funds.
Both CHP and OTS cite that loss of the ability of state and
local law enforcement to use NHTSA grant funds for targeted
enforcement programs adversely affect public safety since these
efforts are proven to increase compliance with laws aimed at
reducing collisions and keep roadways safe for the travelling
public.
Suggested Amendments :
1)The author states that the intent of the bill is to prohibit
the use of NHTSA grant funds for motorcycle-only checkpoints
by both state and local law enforcement agencies. Placement
of the language in the section governing MSP funds could imply
that the MSP monies are being precluded rather than NHTSA
grant funds as the author suggests.
The committee recommends that language be added to the bill to
specify NHTSA grant funds and to move the language from VC
Section 2933.5 (that addresses MSP funds) to VC 2814.1 that
deals with Vehicle Inspection and Sobriety Checkpoints.
2)The author describes that the prohibition for use of NHTSA
grant funds for the establishment of motorcycle-only
checkpoints would apply to both state and local law
enforcement agencies. The bill, however, names only local law
enforcement in the prohibition.
The Committee recommends that the bill be amended to
specifically state that use of NHTSA grant monies is precluded
by both state and local law enforcement for motorcycle-only
checkpoints.
3)To address the concern that the bill could ultimately preclude
the use of NHTSA grant funds for targeted enforcement efforts
by state and local law enforcement, the Committee recommends
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that intent language be added to the bill to specifically
state that only NHTSA grant funds would be prohibited for the
use motorcycle-only checkpoints and that this prohibition in
no way applies to the funding of targeted enforcement
activities by state and local law enforcement.
REGISTERED SUPPORT / OPPOSITION :
Support
ABATE of California (Sponsor)
Sacramento Outrider Motorcycle Association
Approximately 1,300 Individuals
Opposition
California Police Chiefs Association, Inc.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093