BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 1047
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: jeffries
VERSION:
1/12/2012
Analysis by: Eric Thronson FISCAL: NO
Hearing date: May 8, 2012
SUBJECT:
Motorcycle-only checkpoints
DESCRIPTION:
This bill prohibits state and local law enforcement agencies
that receive federal motorcycle safety grant funds from using
the money to implement motorcycle-only checkpoints.
ANALYSIS:
Existing law authorizes a local jurisdiction, by ordinance and
only on highways under its jurisdiction, to establish vehicle
inspection checkpoints to look for air emissions violations or
sobriety checkpoints to identify drivers who are under the
influence of drugs or alcohol. Drivers of motor vehicles must
stop and submit to an inspection at a checkpoint when signs are
displayed requiring a stop.
In its effort to reduce negative outcomes associated with motor
vehicle crashes, the National Highway Traffic Safety
Administration (NHTSA) administers traffic safety grants to
state and local governments to conduct local highway safety
programs. Among the grant funding NHTSA provides are funds to
states through the Motorcyclist Safety Grant program. Federal
law provides that these motorcycle safety funds are available
only for two purposes:
motorcyclist safety training
motorcyclist awareness programs.
This bill prohibits state and local law enforcement agencies
that receive NHTSA motorcycle safety grant funds from using the
money to implement motorcycle-only checkpoints.
COMMENTS:
AB 1047 (JEFFRIES) Page 2
1.Purpose . This bill prohibits law enforcement from using
motorcycle program grant funds to conduct motorcycle-only
safety checkpoints. The author introduced this bill in
response to other states setting up roadside checkpoints and
stopping and citing only motorcyclists. These efforts have
resulted in motorcyclists feeling singled out and profiled for
stops by police. In addition, NHTSA and the California Office
of Traffic Safety (OTS) issue federal grant funds to the
California Highway Patrol (CHP) and local law enforcement
agencies to conduct "motorcycle safety programs." The author
contends that it is important to prohibit these funds from
being used to conduct motorcycle-only checkpoints.
2.NHTSA motorcycle safety grants cannot be used for checkpoints .
Federal law does not allow motorcycle safety grant funds to
be used for motorcycle-only checkpoints. OTS indicates the
federal grant funding it distributes is available only for
improving rider training programs or promoting motorcycle
awareness through public service announcements.
In recent years, Georgia conducted motorcycle safety
checkpoints funded in part through a NHTSA Motorcycle Law
Enforcement Demonstration program, not with motorcyclist
safety grant funds. This demonstration program was designed
to address safety equipment concerns, such as tire condition
and motorcycle modifications, as well as critical behavior
issues including alcohol impairment and proper helmet use.
According to a letter responding to concerns raised by the
American Motorcyclist Association, NHTSA indicates that
motorcycle-only safety checkpoints may be very important to
reducing motorcycle fatalities. To further life-saving
efforts, NHTSA claims, strategies need to go beyond rider
training and motorist awareness programs. NHTSA believes that
through a focus on both crash prevention strategies, such as
rider impairment, and crash protection through encouragement
of law-compliant helmets, this program promises to have a
significant impact on motorcycle safety.
While NHTSA may, in the future, make some other grant funding
available for motorcycle-only checkpoints, federal law does
not currently permit state or local law enforcement agencies
to use motorcycle safety grant funding for motorcycle-only
checkpoints. Therefore, the only thing this bill accomplishes
is codifying in state law a prohibition of activity that is
already not allowable under federal law. The committee may
wish to ask the author why it is necessary to include a
AB 1047 (JEFFRIES) Page 3
prohibition in state law of an activity already not allowed in
federal law.
3.California law enforcement does not conduct motorcycle safety
checkpoints . The author claims this bill is important to
protect Californian motorcyclists' rights. According to the
CHP, however, neither it nor any local law enforcement agency
conduct motorcycle-only checkpoints. The author cites an
example of a motorcycle-only checkpoint that occurred in
Citrus Heights, California; however, in this instance the
local law enforcement agency was conducting 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 driver has pulled into the designated area, he or she
is 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.
One common example of a targeted enforcement effort is the
recent "Click It or Ticket" campaign to increase compliance
with seatbelt laws. An example of a targeted enforcement
effort involving motorcyclists was CHP's enforcement campaign
to increase patrols on a 33-mile stretch of State Route 74
near Temecula focused on traffic violations made by
motorcyclists. In addition to increased enforcement, targeted
enforcement programs can also include public awareness media
efforts designed to reduce the overall incidence of specific
violations.
4.Are motorcycle-only checkpoints fair ? Proponents for the bill
argue that it is unfair to single out motorcycles for safety
inspections. If CHP were to conduct other safety checkpoints
to look for proper seat belt and child restraint use, these
would effectively single out automobiles. In such
checkpoints, CHP would wave motorcyclists through because
AB 1047 (JEFFRIES) Page 4
motorcycles have no seat belt requirements. If the CHP
conducts a helmet checkpoint, it stands to reason the officers
would wave through automobile drivers because they are not
required to wear helmets. It is unclear why one checkpoint or
the other would be considered more or less fair to the drivers
being stopped.
In fact, several motorcycle riders that were stopped at the
motorcycle-only checkpoints in New York sued the state in
2009, 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 the New York
State Police violated their constitutional rights and
concluding that the checkpoints were enacted to promote
motorcycle safety and were effective in addressing this
interest.
5.Other states and legislation . To date, only New York, Georgia,
and Virginia have conducted motorcycle-only checkpoints. In
response to their growing use, motorcycle advocacy groups are
urging lawmakers across the country to ban these checkpoints.
New Hampshire and North Carolina have passed laws banning the
use of NHTSA grant funds for motorcycle-only checkpoints. In
addition, Virginia has passed a law which prohibits
motorcycle-only checkpoints regardless of funding source. 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 of motorcycle-only checkpoints.
POSITIONS: (Communicated to the committee before noon on
Wednesday, May 2, 2012)
SUPPORT: ABATE of California (sponsor)
Thunder Roads Magazine - Northern California
Sacramento Outrider Motorcycle Association
American Motorcyclist Association
Over 200 individuals
OPPOSED: None received.
AB 1047 (JEFFRIES) Page 5