Motorcycle check points

Started by Howie, March 07, 2011, 03:05:32 AM

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Howie

I just took action on this issue and thought you might too.

Click on this URL to take action now

http://capwiz.com/amacycle/

muskrat

Can we thin the gene pool? 

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Statler

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Slide Panda

-Throttle's on the right, so are the brakes.  Good luck.
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hbliam

I don't see the point. No agency is going to set up a checkpoint for helmet usage. You see them, you pull them over. And motos already get stopped in DUI checkpoints, this bill won't change that.

Slide Panda

"To prohibit the Secretary of Transportation from providing
grants or any funds to a State, county, town, or township,
Indian tribe, municipal or other local government
to be used for any program to check helmet usage or
create checkpoints for a motorcycle driver or passenger"

Quote from: hbliam on March 07, 2011, 08:25:46 AM
I don't see the point. No agency is going to set up a checkpoint for helmet usage. You see them, you pull them over. And motos already get stopped in DUI checkpoints, this bill won't change that.

It's not restricted to checkpoints for helmets. It prevents funding for any checkpoint specifically targeting motorcycles as opposed to all motorists.
-Throttle's on the right, so are the brakes.  Good luck.
- '00 M900S with all the farkles
- '08 KTM 690 StupidMoto
- '07 Triumph 675 Track bike.

Spidey

#6
The the bill is directed at NY's motorcycle-only checkpoints, an issue currently being litigated in federal district court in NY, Northern District (Wagner et. al v. County of Schenectady).  The Supreme Court has said that DUI checkpoints are ok w/ the 4th Amendment's search and seizure clause, in part because of the serious and widespread problem of drunk driving.  As far as I can tell, there's no analogous reason for motorcycle specific checkpoints.  The NY program is aimed at safety and equipment violations and stolen motorcycles.  

And the reason to target federal funding specifically is that the NY motocycle-specific checkpoints are funded in part by a federal NTSA grant, and there is federal money target for Georgia for moto checkpoints.
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derby

#7
Quote from: hbliam on March 07, 2011, 08:25:46 AM
I don't see the point. No agency is going to set up a checkpoint for helmet usage. You see them, you pull them over. And motos already get stopped in DUI checkpoints, this bill won't change that.

last year, after the miller worldsbk races, there was a motorcycle-only checkpoint setup on the main road back from the track.

http://www.roadracingworld.com/news/article/?article=40649

http://www.roadracingworld.com/news/article/?lnk=rss&article=40778
-- derby

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hbliam

Quote from: Spidey on March 07, 2011, 10:24:47 AM
The the bill is directed at NY's motorcycle-only checkpoints, an issue currently being litigated in federal district court in NY, Northern District (Wagner et. al v. County of Schenectady).  The Supreme Court has said that DUI checkpoints are ok w/ the 4th Amendment's search and seizure clause, in part because of the serious and widespread problem of drunk driving.  As far as I can tell, there's no analogous reason for motorcycle specific checkpoints.  The NY program is aimed at safety and equipment violations and stolen motorcycles.  

And the reason to target federal funding specifically is that the NY motocycle-specific checkpoints are funded in part by a federal NTSA grant, and there is federal money target for Georgia for moto checkpoints.

Didn't know NY had the time to do that. That being said, this bill only prohibits them from using grants or funds from the feds. The specific agency can still use their own funds or defer fed funds to other programs and use those now free'd up funds to do the same thing.

I agree that the DUI checkpoints are about as far as we should go in bending the 4th amendment. We should probably just divert those checkpoints funds and use them for saturation patrols instead. A 6 hour checkpoint manned by a dozen officers will yield zero to four DUI's in my experience. I can find two or three just driving around by myself for 2-3 hours on any fri/sat night.

Howie

#11
Quote from: Spidey on March 07, 2011, 10:24:47 AM
The the bill is directed at NY's motorcycle-only checkpoints, an issue currently being litigated in federal district court in NY, Northern District (Wagner et. al v. County of Schenectady).  The Supreme Court has said that DUI checkpoints are ok w/ the 4th Amendment's search and seizure clause, in part because of the serious and widespread problem of drunk driving.  As far as I can tell, there's no analogous reason for motorcycle specific checkpoints.  The NY program is aimed at safety and equipment violations and stolen motorcycles.  

And the reason to target federal funding specifically is that the NY motocycle-specific checkpoints are funded in part by a federal NTSA grant, and there is federal money target for Georgia for moto checkpoints.

Zakly!!  I didn't know the suit garnered interstate fame.

And what happens here can happen anywhere.

sbrguy

i think people posted on here that nyc was doing motorcycle only checkpoints as a way to crack down on aftermarket and loud pipes, they wouldn't stop any other vehicles such as sanitation vehicles that made excessive noise only motorcycles thus the descrimination part when they said "its for noise compliance" when other vehicles were not checked for that.

it was basically a harrassment thing as many nyc riders know that the city really does not want motorcycles in manhattan and the motorcycle only checkpoints were a way to discourage that without making it look too descriminatory since most people don't care if motorcyclists are harrasssed.

DRKWNG

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Howie

#14
Quote from: hbliam on March 07, 2011, 11:43:22 AM
Didn't know NY had the time to do that. That being said, this bill only prohibits them from using grants or funds from the feds. The specific agency can still use their own funds or defer fed funds to other programs and use those now free'd up funds to do the same thing.

I agree that the DUI checkpoints are about as far as we should go in bending the 4th amendment. We should probably just divert those checkpoints funds and use them for saturation patrols instead. A 6 hour checkpoint manned by a dozen officers will yield zero to four DUI's in my experience. I can find two or three just driving around by myself for 2-3 hours on any fri/sat night.



If the agency had to pay for the stops I think you are correct, but if Federal money pays for it the profit margin changes.