Virginia Outlaws Motorcycle Only Checkpoints

Virginia is latest state to ban "motorcycle only" checkpoints.

In a victory for motorcyclists, Virginia is the latest state to bar motorcycle-only checkpoints, the American Motorcyclist Association (AMA) reports.

On Feb. 28, Virginia Gov. Bob McDonnell signed into law H.B. 187, which was introduced by Delegate C. Todd Gilbert (R-Shenandoah). The new law, which takes effect July 1, prohibits law enforcement agencies from establishing checkpoints where the only vehicles subject to inspection are motorcycles.

The measure was introduced after the Arlington County Police Department set up a motorcycle-only checkpoint during the Rolling Thunder ride on May 28, 2011, that brings awareness to prisoner of war/missing in action (POW/MIA) issues.

Similar laws have been enacted in New Hampshire and North Carolina.

“Officials say they set up these motorcycle-only checkpoints to pull over motorcyclists to check for safety violations,”¬†said Rick Podliska, a Virginia resident and AMA deputy director of government relations.¬†“But if officials are really concerned about motorcyclists’ safety, then they need to stop discriminating against us with these checkpoints and start supporting programs that prevent motorcycle crashes, such as rider safety training and driver awareness programs.”

 


Motorcycle Checkpoints May End Up in Supreme Court

Disputing the Constitutionality of Motorcycle Only Checkpoints

NEW YORK, Feb. 18, 2011 /PRNewswire/ — Motorcyclists across the nation are awaiting a decision from the U.S. District Court for the Northern District of New York which they hope will declare New York’s “motorcycle only” roadway checkpoints to be unconstitutional. The case Wagner et al. v. The County of Schenectady, et al. could end up in the United States Supreme Court. The checkpoints, which target well-known motorcycle events, force motorcyclists traveling to and from those events to leave the roadway, regardless of any wrongdoing, and have their vehicles and equipment inspected for safety and non-safety equipment violations and stolen VIN numbers. Motorcyclists have been detained as long as 45 minutes in makeshift stockades while undergoing the inspections. The National Highway Transportation Safety Administration recently began Federal funding for motorcycle checkpoints nationwide in order to assess their effectiveness despite objections raised by members of Congress.

The New York lawsuit is the first to challenge the constitutionality of motorcycle checkpoints. The plaintiffs are being represented by Proner & Proner, a plaintiffs personal injury law firm with a long history of doing “pro bono” legal work on behalf of motorcyclists. The Proner firm commenced the lawsuit on behalf of four motorcyclists who were detained at two separate checkpoints.

The checkpoints are funded by a grant from the New York Governor’s Traffic Safety Committee and the troopers who work them are paid overtime. Although the stated purpose of the checkpoints is to promote safety, the majority of the more than a thousand tickets which were issued during the first year of the checkpoints had nothing to do with safety and instead focused on non-safety violations such as loud pipes. The written guidelines for the checkpoints specifically state that one of the purposes of the checkpoints is to look for stolen and forged VINs and the police readily admit that they often have undercover members of their gang and auto theft units working the checkpoints looking for signs of criminal activity.

The Supreme Court of the United States has repeatedly made it clear that any roadway checkpoint whose primary purpose is general crime control constitutes an unreasonable search and seizure under the Fourth Amendment and is presumptively unconstitutional. Notwithstanding that fact, the progress reports which the police prepared on the checkpoints specifically state that the grant funds are used “for overtime for intelligence gathering and the subsequent criminal and traffic enforcement.” The police admit that the checkpoints, which focus only on equipment violations and forged and stolen VINs, do not address any of the major causes of motorcycle accidents such as reckless driving, driver inattentiveness and alcohol impairment.

Lawyers for the Plaintiff Riders and Defendant State Police are both seeking summary judgment on the Fourth Amendment claims. The future of motorcyclists’ rights hangs in the balance.