BILL ANALYSIS �
AB 1047
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Date of Hearing: January 9, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1047 (Jeffries) - As Amended: January 12, 2012
SUBJECT : Vehicles: motorcycle safety
SUMMARY : Prohibits state and local law enforcement from using
National Highway Traffic Safety Administration (NHTSA) grant
funds to implement motorcycle-only checkpoints.
EXISTING LAW :
1)Authorizes a local jurisdiction to establish, by ordinance, on
highways under its jurisdiction, vehicle inspection and
sobriety checkpoints to check for violations related to the
escape of exhaust products and drivers who are under the
influence of drugs or alcohol.
2)Requires a driver of a motor vehicle to stop and submit to an
inspection at a checkpoint when signs are displayed requiring
a stop.
3)Authorizes a local jurisdiction to fund vehicle inspection and
sobriety checkpoints through fine proceeds.
FISCAL EFFECT : None
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
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
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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
a targeted enforcement effort rather than a motorcycle-only
checkpoint.
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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 the California Highway Patrol (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 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.
REGISTERED SUPPORT / OPPOSITION :
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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