Motorcycle Only Checkpoints

OFF THE WIRE
The American Motorcyclist Association (AMA) has issued the following Action Alert:
[Start of AMA Action Alert]

http://tinyurl.com/284lobb

CONGRESSIONAL LETTER AIMS TO SUSPEND NHTSA PROGRAM TO FUND DISCRIMINATORY MOTORCYCLE-ONLY CHECKPOINTS

Rep. Jim Sensenbrenner (R-WI) and some of his colleagues sent a letter to Sec. Ray LaHood urging him to suspend a grant program that would expand the highly criticized practice of creating motorcycle-only checkpoints by law enforcement agencies. The American Motorcyclist Association (AMA) strongly supports this important letter.

Along with Sensenbrenner, Reps. Tom Petri (R-WI), Walter Jones (R-NC), Aaron Schock (R-IL), Doug Lamborn (R-CO), Thaddeus McCotter (R-MI), Paul Ryan (R-WI), Denny Rehberg (R-MT), Lee Terry (R-NE), Ron Paul (R-TX) and Joe Wilson (R-SC) signed the letter. To see the letter, click here:

http://tinyurl.com/2avnoe9

The program is the Motorcycle Law Enforcement Demonstrations Grant (DTNH22-10-R-00386). Although the grant has been closed to new applicants as of August 13, 2010, you can view the grant notice here:

http://tinyurl.com/27au37m (synopsis only)

http://tinyurl.com/2dod5xo (full grant announcement)

The AMA has formally questioned the potential discriminatory and legal nature of this program, administered by the National Highway Traffic Safety Administration (NHTSA). The AMA sent a letter to Administrator Strickland on August 9 urging him to suspend the grant program until questions have been addressed. To date, Administrator Strickland has not responded. To view AMA's letter, click here:

http://tinyurl.com/252cxee

While law enforcement officials may defend the program as a safety measure to decrease motorcycle crashes, injuries and fatalities, there is no proof of its effectiveness. The practice, first modeled in New York State, has drawn the ire of thousands of motorcyclists nationally.

NHTSA is now seeking up to five other law enforcement agencies, besides the state of New York, to participate in motorcycle-only checkpoints, and is offering $350,000 in federal funding.

The AMA believes that the best way for NHTSA to reduce motorcycle crashes is to employ proven strategies, such as rider education and motorcycle awareness programs, that decrease the likelihood of crashes from ever occurring. These strategies must be research-based. Motorcyclists would be much better served by applying the funding to the national motorcycle crash causation study that is currently underway at Oklahoma State University. This is a sentiment supported by Sensenbrenner and many of his colleagues in Congress through recently introduced H. Res. 1498:

http://tinyurl.com/27g68dt

To urge your Representative to support this important resolution, click here:

http://tinyurl.com/27c6yc9

Please send a prewritten message to either thank or ask why your Representative did not sign onto this important letter that urges LaHood to suspend federal dollars from being used to expand programs that discriminate against motorcyclists.

[End of AMA Action Alert]


With respect to the foregoing, I offer the following five observations:

1. To the extent that DOT/NHTSA Motorcycle Law Enforcement Demonstrations Grant DTNH22-10-R-00386 directly or indirectly discriminates against motorcyclists, it is unconstitutional.

2. To the extent that DOT/NHTSA Motorcycle Law Enforcement Demonstrations Grant DTNH22-10-R-00386 is a ploy to circumvent statutory restrictions on the lobbying of state governments by DOT/NHTSA, it is illegal.

3. U.S. Representative Sensenbrenner's House Resolution 1498 "supports", "encourages" and "recognizes" much that the AMA should and does endorse, but it is NOT legislation that if passed would actually resolve anything.

4. For those of you who are inclined to let lawyers decide your fate, points 1 and 2 emphasize that there is ample ammunition for the "attorneys who ride" lining up to line their pockets while they protect your rights.

5. For those of you who are sick of bending over for legislators, lobbyists and lawyers, there is another and better avenue of attack: Make the checkpoints more costly to the states than the grants, fees and fines they collect, and the checkpoints will soon go away. And don't ask me "how": If I have to explain, you wouldn't understand...