BILL ANALYSIS �
AB 1047
Page 1
ASSEMBLY THIRD READING
AB 1047 (Jeffries)
As Amended January 12, 2012
Majority vote
TRANSPORTATION 14-0
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|Ayes:|Bonnie Lowenthal, | | |
| |Jeffries, Achadjian, | | |
| |Blumenfield, Bonilla, | | |
| |Buchanan, Eng, Mitchell, | | |
| |Galgiani, Logue, Miller, | | |
| |Norby, Portantino, | | |
| |Solorio | | |
| | | | |
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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.
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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 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, 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 of
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 Assembly Transportation
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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.
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
the 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
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increase compliance with existing laws; OTS does not have plans to
conduct motorcycle-only checkpoints in the future.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-2093
FN: 0003004