| Author | Message | ||
     Bott |
NEW YORK FREEDOM RIDERS PRESS RELEASE April 16, 2009 New YorkState Motorcycle Only Checkpoints 2009 New York State Police, local and county police will be conducting motorcycle only safety enforcement checkpoints again this year. The Governor's Traffic Safety Committee has awarded the New York State Police $227,084 for statewide motorcycle enforcement details along with grants given to the Greece PD, Suffolk and WarrenCounties. [1] These motorcycle only checkpoints target a particular group of individuals which has been determined to be unconstitutional. The Supreme Court of the United States of America has repeated held that "the citizen who has given no good cause for believing he is engaged in (criminal) activity is entitled to proceed on his way without interference" Bandrinegar, supra; see also Terry v. Ohio, supra. New York State Police have claimed that with the rise in motorcycle fatalities, these motorcycle only checkpoints are to increase motorcycle safety by insuring compliance with applicable Vehicle and Traffic Laws. We have read The New York State 2009 Highway Safety Plan and the state has determined that the most common contributing factor in police reported motorcycle crashes was "unsafe speed" followed by "failure to yield the right of way". [2] New York's motorcycle only checkpoints are not addressing the two major causes of motorcycle fatalities in our state. The State Police have also said in their press release in 2007 that "Approximately one-quarter of all fatally injured motorcycle drivers were unlicensed in 2005."The Highway Safety Plan has addressed the issue of licensed motorcyclists and the extent of the unlicensed motorcyclist problem in New York has not been determined and more research is needed. The motorcycle only safety enforcement checkpoints are being conducted at the same time as large motorcycle events. The reason given by law enforcement is they need a sufficient volume of motorcycle traffic to justify the substantial20number of resources involved. [3] This includes Americade in Lake George and the Harley Rendezvous in Duanesburg. Last year a motorcycle only checkpoint was done along the Niagara Thruway at the PeaceBridge where 780 motorcyclists headed for Canada were stopped. Law enforcement will be looking for the following violations at the checkpoints: Inspection stickers and placement of the sticker Insurance 375 (35c) -unsafe tires 381(1a) -front headlamp not deployed Rear plate illumination 381((3) lights- only white or yellow 381(4)-approved red reflector in the rear 381(5)-handlebar height 381(6) - unapproved or no helmet: 381(10) - rearview mirrors 381(11) - exhaust pip es 402(1a)- plate must be secure and mounted between 12-48 inches on the rear of the vehicle- not at the rear axle 402(1b)-plates must be clean and easily readable 410(1)-registration 411(1)-plates are required to be "conspicuously displayed on the rear" not on the rear axle 411(3) - switched plates 509(2) - license -operating out of class The New York Freedom Riders do not condone this type of program to improve motorcycle safety. We feel it is unconstitutional to stop anyone at checkpoints, including motorcyclists, for no reason other than to issue tickets. These checkpoints give the police an opportunity to target a specific mode of transportation which is discrimination and is not about motorcycle safety. The majority of motorcyclists are legal and they have the right to travel freely. As always, The New York Freedom Riders promote motorcycle education and informing motorists to watch for motorcycles as a solution to the fatalities and injuries in New YorkState. .. We have received complaints about these motorcycle only checkpoints and understand the frustration many are feeling while traveling to an event. If you would like to voice your opinion about New York's new safety initiative, we would like to suggest contacting the following: To Write To The Governor: DavidA.Paterson State Capitol Albany, NY12224 518-474-8390 Click here to email the Governor. http://www.ny.gov/governor/contact/index.html ------------------ New York State Division of Tourism P.O. Box 2603 Albany, NY12220-0603 1-518-474-4116 Email: iloveny@empire.state.ny.us ------------------ The Public Information Office at New York State Police Headquarters =0 D Lt. Glenn Miner New YorkState Police Public Information Office Bldg. 22, 1220 Washington Ave. Albany, New York12226 E-mail: PIO@troopers.state.ny.us ------------------ Americade P.O. Box 2205Glens Falls, NY12801 518) 798-7888 Email: http://www..tourexpo.com/data/mos/Contact_Us/Itemi d,3/ ------------------ If you are interested in fighting this unlawful activity or need information to fight a ticket, please contact the New York Freedom Riders by email: nyfreedomriders@localnet.com. Also review "Motorcycle Checkpoints and Your Rights" at: http://www.newyorkfreedomriders.com/MCckpntURrghts .htm New York Freedom Riders www.newyorkfreedomriders.com Riders Against Constitutional Erosion "Freedom Is NOT A Spectator Sport" [1] GTSC 2009 grants awarded: www.nysgtsc.state.ny.us/HS-Forms/2009awardedgrants -senate-assembly.pdf [2] New York State Highway Safety Strategic Plan FFY 2009 http://www.nysgtsc.state.ny.us/HS-Forms/NYS-HSSP-2 009.pdf [3] Police Chief Magazine July 2008 http://policechiefmagazine.org/magazine/index.cfm? fuseaction=display_arch&article_id=1536&issue_id=7 2008 | ||
| Froggy |
Moving to PA is looking better by the day.  | ||
| Xl1200r |
I remember this during Americade last year. HUNDREDS of bikes just sitting stopped at a rest area waiting to get inspected. I'm sure the intentions are good, but I know that my bike isn't 100% legal (I removed the red reflector on the back). This means that I'll need to not take the interstate to head up to Americade this year, which means I just may not even bother at all. The event organizers should be pissed. Also, say I opt to bring my 45 year old Harley up. No front brake. No speedo. No turn signals. Loud as hell exhaust. All not needed for inspection, some of it came from the factory that way, but I bet I would still get ticketed. | ||
| Thumper74 |
"Inspection stickers and placement of the sticker Insurance 375 (35c) -unsafe tires 381(1a) -front headlamp not deployed Rear plate illumination 381((3) lights- only white or yellow 381(4)-approved red reflector in the rear 381(5)-handlebar height 381(6) - unapproved or no helmet: 381(10) - rearview mirrors 381(11) - exhaust pip es 402(1a)- plate must be secure and mounted between 12-48 inches on the rear of the vehicle- not at the rear axle 402(1b)-plates must be clean and easily readable 410(1)-registration 411(1)-plates are required to be "conspicuously displayed on the rear" not on the rear axle 411(3) - switched plates 509(2) - license -operating out of class " I see one thing that directly affects safety, and two or three more that indirectly affect safety. The rest just generate revenue as shown by this statement, "The motorcycle only safety enforcement checkpoints are being conducted at the same time as large motorcycle events. The reason given by law enforcement is they need a sufficient volume of motorcycle traffic to justify the substantial number of resources involved." I can't wait for some motorcycle enthusiast attorney to get a hold of this. | ||
| Doon |
Well I never take 87 to americade (Normally go up either Rt 9 or the long way around the lakes  . And yep, this is all about revenue generation.... | ||
| Wolfridgerider |
I would like to go to Americade sometime. It sucks that they feel the need to hassle people participating in a legal activity. Do they let you know when and where the check point is going to be? Every time they set up a check point near Columbus they have the time and place on the news. | ||
| Xl1200r |
I don't recall it being braodcasted where it was, but I caught wind of it fairly quick last year. Anyone in the area can't miss the "Motorcycles: Exit Now" signs plastered all over the highway. | ||
| Court |
>>>>And yep, this is all about revenue generation.... While that is true, it won't keep them from impounding your bike. The first year I went to Marcus Dairy I recall seeing 8 motorcyclist's cuffed in a big ring around a tree. Not smart to be a smart ass when they pulled the entire group over. I have a collection of photos of bikes loaded on flatbeds. My riding partner, who rides to work 365/yr, gets pulled over about once or twice a month. Moral of the story: Be cautious or bring an Constitutional Lawyer with you. | ||
| Reepicheep |
Cuffed around a tree? That's hilarious... if it's not you and if they had reasonable cause. Gotta give the cop points for being creative as well... | ||
| Court |
Looked like a game of leather-suited "Ring around the Rosey". | ||
| Doon |
MY bike is basically bone stock (i luv it just they way they made it..) So I not worried about the checkpoints for myself. And I meek little computer geek (when not playing a bada$$ on the interwebs..) I have 0 issues with safety checkpoints, and the checkpoints that they use to verify registration/etc.. I do have issues with the targetting of the single group, and only doing it during the big groups leaves the bad taste in my mouth is all... I've seen them do this with AM Jam (when I lived near Cobleskill as well)... | ||
| Rpm4x4 |
381(11) - exhaust pipes and how is enforcing quiet pipe safer? | ||
| Americanmadexb |
see also Terry v. Ohio, supra. looks like you can thank The Hulkster also.. | ||
| Natexlh1000 |
I didn't want to pay $11.00 for tolls on the way to homecoming this time, this was the straw that broke my camel's back. I will be skipping NY on the way there if I do manage to go this year. perhaps north through Canadia? I'm kinda hemmed in. http://maps.google.com/maps?f=d&source=s_d&saddr=w orcester,+ma&daddr=43.117024,-72.971191+to:Route+1 5+N+to:Milwaukee,+Wisconsin&geocode=%3B%3BFcoztAId SC2e-w%3BFba9kAIdEIjC-g&hl=en&mra=dpe&mrcr=0&mrsp= 1&sz=6&via=1,2&sll=42.763146,-77.783203&sspn=10.38 6631,16.721191&ie=UTF8&z=6 I like a challenge though. in 2007, I took I90 to Buffalo and cut across Ontario and then took the fast jetski ferry. I hate toll roads in general but this just breaks it. I am delighted to find that they won't bother me on route 2. That's the only ride I take multiple times per year. | ||
| Thumper74 |
I don't get the Terry v. Ohio citing... The whole case was built on the fact that the police officer felt they were acting suspicious and decided to investigate. Citing that case makes it seem like they feel all motorcyclists are acting suspicious and therefore they are able to stop them in the check point? | ||
| Iamike |
Even if you are on a completely legal bike how long would it take to process the 100 bikes in front of you? I'd be really pissed if I was on my way to work or an appointment on my bike and I had to sit for an hour or two waiting to be 'processed'. | ||
| Xbrr06 |
This is nothing new in NY | ||
| Paw |
It is all bullshit...NY says it will be a safety checkpoint...If that is the case then why are they checking exhaust pipes, plate location, registration, etc...Guaranteed if i get stopped i'm whipping out my digital video and asking right there on camera if it is a safety check and If they say yes and i'm ticketed for loud pipes...They will see me in court, loud pipes are not a safety issue nor is plate location registration and all the other stuff like that...This is A-hole Patterson trying to get more money to help the State he was a part in F'ing up. These checks will be going on through out the whole riding season during bike gatherings and shows. | ||
| Paw |
I wounder if the govenor will like the email I sent him...That is if his staff will forward it to him. Here is what I sent to him. Dear Mr Govenor, I think your so call motorcycle safety check points are bullcrap...This is a way to target a certain group and fine them for safety issue but as I saw on the list a few non safety issues as well...I'm telling you now if I get stopped I will have a camera with me to video these officers if they fine me for a non safety issue you will see me in court. And in closing...DO NOT WASTE YOUR TIME IN RUNNING FOR RE-ELECTION EVERYONE I TALK TO HATES THE JOB YOUR DOING AND ARE EXTREAMLY PISSED. MY 2 YEAR OLD DAUGHTER COULD BEAT YOU IN AN ELECTION!!! | ||
| Pkforbes87 |
lights - only white or yellow Rear plate illumination approved red reflector in the rear exhaust pipes Well there's four tickets I can count on if I ever visit New York. Five assuming third eye mirrors aren't DOT approved. I think I'll stick around Oklahoma. | ||
| Paw |
It is hard to believe NY can fine out of state motorcyclist every state has different laws when it comes to a lot of these issues. If your bike is legal in your state I can not see how NY can fine you for just driving threw or visiting for a few days. If they do i think that is very winnable in court. | ||
| 46champ |
It maybe very winnable in court, but what their counting on is you not taking the time and effort and money to fight an out of state fine. This is probably a violation of Constitutional law, but who would fight it for a $100 fixit ticket. | ||
| Court |
>>>If they do i think that is very winnable in court. Try bringing in your perfectly legal and licensed pistol if you need a searing example that you are subject to the laws of the jurisdiction are you in, not where you came from. We used to run into this when I was in the Marines . . . guys would go across the border, get in trouble and demand a phone call and an attorney . . . the federales would just laugh at them and explain they could be held for up to a year with NO ONE knowing. Be smart. | ||
| Jaimec |
Interesting logic, but it doesn't work. Just ask any helmetless Connecticut rider who's gotten off the ferry in either Port Jefferson or Orient Point about their experience of riding without a lid here on Long Island... | ||
| Paw |
Try bringing in your perfectly legal and licensed pistol if you need a searing example that you are subject to the laws of the jurisdiction are you in, not where you came from. Court i respect your comment on her 99% of the time but a motorcycle is not a pistol. And as for spending the money for a $100 ticket, something like that could be won without a lawyer with the right research and preparation. And anyone who does not fight it is telling them, You do not care about your constitutional rights...Just fight it and stop them from breaking the constitutional laws...we have to follow their laws they should follow our laws. (We the people, GET IT) Just do not lay down and let them win!!!!!!!!!!!!!!!!! And if you let them win and just lay down we might as well begin to call this great land the The Replublic of the U.S.A. (Message edited by paw on May 17, 2009) | ||
| Court |
Ever heard the saying "When in Rome . . . . .. ". Fighting anything from tickets to local residency taxes in New York is a loosing battle. If you go to Court in NYC you will HAVE to have a lawyer (they can't technically kick you out . . . but they can tell you to come in on Tuesday and hear your case on Thursday) if you want to be heard. Just to get permits from the building department we have to hire City Approved "Expediters". . . the building dept will not talk to civilians. My attorney charges $625/hr so I choose my battles carefully. If you are going to "make a statement" . . . you might want to practice somewhere cheaper . . it's not that you can't win here . . . but it's going to be the hardest you ever fought to win. . . . ride an illegal bike (loud muffler, concealed plate or something) on a local parkway, you'll be cuffed, bike impounded (generally laid on it's side on a flatbed) and taken in. Me? I value my rights but I like riding better. . . I leave my bike stock and happily rack up the miles. | ||
| Court |
By the way . . . try cruising through Virginia with a radar detector and telling them "it's legal where I came from". They destroy the detector and most often tell you . . . . "then head back there". I know folks who carry old throw away "bait" detectors to sacrifice. | ||
| Loki |
PAW, Just one little problem with your logic. When they can set you aside for a safety inspection. While doing that, anything and everything else is in the open is fair game. As for fighting said ticket as an out-of -stater. The costs of doing that will not be just the number on that piece of paper. Do you really think the the Governor is going to read your(that) letter? Some staffer will open it, peruse it, then set it in a pile. Thinly veiled threats of recording a stop or of potential legal action will get you nowhere fast. On top of that, you are now on another list. | ||
| Froggy |
I hope that letter was written in braille | ||
| Fahren |
When there is a legal issue at hand (such as constitutionality), isn't that the sort of issue best taken up by the AMA? The nat'l and state chapters fight with lobbying and probably court challenges for motorcyclist's issues all the time. Wonder if they are "on it" .... |
