Highway bill in current form would prohibit motorcycle checkpoints

Motorcycle-specific roadside checkpoints would be prohibited, according to wording included by Wisconsin Rep. James Sensenbrenner in the federal highways bill, in mark-up today in the House Transportation and Infrastructure Committee.

Sensenbrenner applauded the committee’s inclusion of his wording in the bill, stating that, “We need to focus on proven methods of motorcycle safety, including crash prevention, rider education, and training and proper licensing. Motorcycle-only checkpoints are an intrusive governmental overreach that place an undue burden on riders while doing little to actually improve safety. It is encouraging to see that the Transportation Reauthorization Bill will encourage more efficient use of taxpayer dollars and smart motorcycle safety policy.”

As it currently stands, Section 5007 of the American Energy and Infrastructure Jobs Act of 2012 reads as follows.

SEC. 5007. PROHIBITION ON FUNDS TO CHECK HELMET USAGE OR CREATE CHECKPOINTS FOR A MOTORCYCLE DRIVER OR PASSENGER.

The Secretary may not provide a grant or otherwise make available funding to a State, Indian tribe, county, municipality, or other local government to be used for any program to check helmet usage or create checkpoints for a motorcycle driver or passenger.

Because the wording of the measure says simply “checkpoints,” as opposed to “motorcycle-specific checkpoints,” it raises the question of whether such checks might also be prohibited in a broader, all-vehicle checkpoint. Opponents of such motorcycle-specific checkpoints have frequently stated that their opposition is to the singling out of motorcyclists, not the enforcement of existing laws.

The American Motorcyclist Association (AMA) and the Motorcycle Riders Foundation (MRF), both of which have spoken out against motorcycle-specific checkpoints, have voiced their approval of the prohibition.

Speaking for the AMA, Wayne Allard, vice president for government relations, said that “The AMA believes that strategies to promote motorcycle safety must be rooted in motorcycle crash prevention, and don’t include arbitrarily pulling over riders and randomly subjecting them to roadside inspections.”

The MRF, in a release yesterday, had this to say.

Representative Tom Petri (R-WI), a staunch defender of the motorcyclists, had this comment on the issue, “Motorcycle riders are right to be outraged at being singled out for safety inspections,” Petri said. “Nobody is suggesting flagging cars down for unscheduled inspections, and there’s no good reason why motorcycles should be treated differently. It’s unnecessarily intrusive, and not a smart way to use limited police resources.”