NORTH CAROLINA PROHIBITS MOTORCYCLE-ONLY CHECKPOINTS

OFF THE WIRE
“HB 381 an Act to Prevent Law Enforcement Agencies from establishing patterns for vehicle stops at checking stations based on a particular type of vehicle is now Session Law 2011-216,” reports Doc Ski, legislative director for CBA/ABATE of North Carolina and a member of the National Coalition of Motorcyclists Legislative Task Force (NCOM-LTF).

The legislation passed unanimously through both houses of the legislature, and was signed into law on June 23 by Governor Beverly Perdue, making North Carolina the second state in a month behind New Hampshire to enact such laws in response to NHTSA funding of motorcycle-only checkpoints to stop motorcyclists en route to major biker events to check equipment and paperwork.

This bill, sponsored by Rep. John A. Torbett (R-Stanley), provides that a vehicle checkpoint pattern designated by a law enforcement agency shall not be based on a particular vehicle type and must include all types of vehicles, but does not restrict any other type of checkpoint or roadblock which is otherwise lawful.

In addition to preventing motorcycle-only roadblocks, Governor Perdue also signed HB 113 to increase the minimum penalties for violating the right of way of a motorcyclist. The previous fine for this infraction was a mere $25, but this bill sponsored by Rep. Ric Killian (R-Raleigh) calls for a $200 fine for a driver who causes a motorcyclist to leave his travel lane. The fine is increased to $500 if there is property damage or personal injury sustained from this violation.