NHTSA Finally Answers the AMA

It took the National Highway Traffic Safety Administration (NHTSA) a little over three months to answer Ed Moreland, Senior Vice President of Government Relations, American Motorcyclist Association (AMA).  The much anticipated response was a well orchestrated manipulaton of facts and fallacy.  The AMA wanted specific answers to their questions regarding motorcycle only checkpoints and the decision to encourage more states to participate through the incentive of grants.

In responding to Moreland's letter, David L. Strickland, NHTSA, purported that the Motorcycle Law Enforcement Demonstration Program could somehow effect motorcycle fatality rates. He admits that the 2009 statistics show an overall decrease in fatalites, arguing that they are still more than double the rates from 1997, the year with the lowest motorcycle deaths on record. Of course, he does not offer how many more riders there are or the increase in registrations over that 13 year period.

The AMA asked how law enforcement's approach of motorcycle only checkpoints would increase safety. Specifically,  where would states get the authority for such stops and what infractions were recorded by police in New York State where grant money was used to set up the checkpoint program.

Mr. Stricland did not indicate where the New York program drew its authority from, only that it was funded through a $30 million grant established in SAFETEA LU, specifically to support rider education and motorist awareness programs.  How the Motorcycle Law Enforcement Demonstration Program fits into this is still a looming question.

Administrator Strickland would like to replicate the program being used by the State of New York. He cites one motorcycle checkpoint that resulted in 225 motorcycles being inspected as a sign of the success of the program.  Under closer observation, 24 bikes had worn or questionable tires, 2 had illegal handlebars and 81 riders had helmets that did not meet FMVSS 218 standards, according to the inspectors. The tire problem could be considered a safety hazard, depending on wear. It's arguable whether the illegal handlebars could cause an accident because they do not explain what made them illegal. It should be recognized by everyone reading this that helmets do not prevent crashes, so that figure of 81 helmets is misleading. One could argue that non-compliant helmets do not afford protection after a crash, but there are court cases decided and pending that question a police officer's ability to make a true determination of compliance with FMVSS 218. Besides, 218 is a manufacturer's standard, not a consumer's responsibility.

There was no indication in Mr. Strickland's letter whether or not probable cause would be a consideration at these checkpoints, so one can only assume they are meant to be arbitrary.  The State of New York is facing a legal challenge to checkpoints at this time and similar challenges can be expected in other states that adopt this program.

In closing, Mr. Strickland emphasized that both crash prevention and crash protection were the goals of the checkpoint program.  Using the example he stated, an 11 or 12% finding of possible crash predicates does not seem to justify the questionable restriction of free travel in New York. Even the 36% rate of suspected non-compliant helmets doesn't justify such drastic measures, especially since there is such controversy over whether helmets make that much of a difference in crashes, depending on who you talk to and whose statistics you believe.

Our position is we should continue along the lines of rider education and crash prevention. That includes educating the general motoring public about sharing the road with cycles and increasing our efforts to eliminate distracted driving and driving under the influence. If we concentrate on those causal factors, reducing injuries after the crash becomes less of an issue. If reducing injuries and improving outcomes is a goal, we should direct our attention to better training for our EMS people, concentrating on motorcycle specific issues at a crash scene, and better training and improved protocols for dispatchers.

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