Roadside checkpoints have been permitted since the early 1990s by the U.S. Supreme Court, and have been primarily used as sobriety checkpoints to look for drunken drivers. More recently, they have been employed as motorcycle-only "safety" checkpoints, inspecting motorcycle riders for their helmets and other safety equipment.
Motorcycle-only checkpoints were first used in New York State in 2008. They have come to national prominence since the spring of 2011, when Georgia, with a funding grant from the U.S. Department of Transportation, used them to check riders heading to spring break in Florida.
Motorcyclists Across The County Outraged
Motorcycle organizations have complained that the ostensible purpose, of checking the safety of riders, was merely cover to "inspect" riders, looking for alcohol, drugs and as a general criminal dragnet for all motorcycle riders.
"How do motorcycle-only checkpoints increase the safety of motorcyclists?" asked Ed Moreland, American Motorcycle Association senior vice president for government relations, in a letter to the National Highway Traffic Safety Administration. He went on to argue that motorcycle crash prevention programs are more valuable, and NHTSA should work to minimize the likelihood of crashes.
New York Checkpoints
The Georgia checkpoints were based on the program created in New York. The New York program is currently under legal challenge, on the grounds that motorcycle only checkpoints violate the Fourth Amendment's protection from unreasonable search and seizure.
The U.S. Supreme Court may eventually be called upon to clarify the constitutionality of searches that result from the motorcycle-only checkpoints.
Bills Pending In Congress
Two bills are pending in Congress that would affect the use of motorcycle-only checkpoints. One bill would stop the transportation agency from funding state or local government programs to check helmet usage or to create motorcycle-only checkpoints.
The other bill would keep in place a ban on the National Highway Traffic Safety Administration's ability to lobby state legislators using federal tax dollars. Instead, the bill urges the agency to focus on motorcycle crash prevention and rider education and training.
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