
August 20, 2007 |
2007-R-0426 | |
MOTORCYCLE SPEEDING VIOLATIONS | ||
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By: Veronica Rose, Principal Analyst | ||
You asked (1) how law enforcement officials in other states deal with motorcycle violations, specifically speeding on the highways and sidewalks, and (2) whether departments favor pursuit policies to apprehend speeding motorcyclists.
SUMMARY
We surveyed law enforcement officials, departments, and organizations in all of the states. Based on the very limited responses, the problem of motorcyclists speeding and riding on sidewalks does not appear to be uncommon. Many of the responding departments, like Hartford, have a “no pursuit” policy. Others have very restrictive policies that allow pursuits only under clearly defined circumstances. The departments most often cite, as the rationale for the prohibition or restriction: (1) liability issues and litigation costs and (2) the danger that pursuits pose to the public and police officers.
Responding departments practice and recommend various alternatives to motorcycle pursuits and strategies to reduce speeding. These include traffic calming devices, speed cameras, education, and license suspension and revocation.
Officials and departments from the following states provided information for this report: Dakota, Florida, Idaho, Massachusetts, Minnesota, North Carolina, and Washington, D. C.
POLICE PURSUITS
The literature on police pursuits suggests that both law enforcement officials and the general public believe pursuits are acceptable, and probably necessary, to apprehend people suspected of committing serious offenses. But the need to apprehend offenders in the interest of justice must be balanced against the need to protect the public and officers from the risks associated with pursuits. The major legal question that arises when someone is killed or injured during a police chase is whether the need to immediately apprehend the offender outweighed the risk of harm created by the pursuit. In deciding whether to pursue fleeing suspects, departments must usually consider such factors as: the nature of the violation (e. g. , traffic offense, felony); the characteristics of the area (e. g. , urban or residential); and traffic and weather conditions.
Speeding motorcyclists are a major problem in many of the jurisdictions that responded to our survey. Most either have a “no pursuit” or very restrictive pursuit policy, in large part, because of liability concerns and the risks associated with pursuits.
STRATEGIES AND RECOMMENDATIONS
Education
Several officials suggested educating bikers on the dangers of speeding and reckless riding. One Florida department does this through the media, at motorcycle rallies, and at educational institutions.
Technology
One Washington, D. C. official says the use of photo-speed enforcement on some of the more dangerous roads has significantly reduced speeding. But some cyclists attempt to bend their tags to avoid detection.
Legislation and Enhanced Enforcement
In some jurisdictions, the license of cyclists who engage the police in chases or ride recklessly (including riding on the sidewalk) is subject to suspension or revocation.
Officials from one department recommend enhanced enforcement of all motor vehicle violations, not just speeding and reckless riding. Police officers from this department stop motorcyclists for minor infractions (equipment violations, etc. ). They photograph the motorcycle and record other pertinent information, such as the license plate number and registration information, and inform the violator that they would mail citations for any future violations. After issuing a few such citations, according to the department, the frequency of violations has fallen.
Public Involvement
One department has initiated a program called Citizens Involved in Traffic Enforcement (CITE). Any citizen can report an unsafe motorcycle or motor vehicle operation to the department. If the department determines, after an investigation, that the complaint is valid, it notifies the offender of the date, time, and location of the offense and asks him or her to take responsibility for the action.
Engineering Solutions
One North Carolina department recommends engineering solutions such as traffic calming devices to slow speeders. It said this strategy has proved very helpful in some neighborhoods.
Other
A Florida law enforcement official recommends that law enforcement officials
1. work with local “drag strips” or others to provide an environment where riders can perform their tricks safely and
2. work with major motorcycle manufacturers to identify ways to develop safer riding habits.
VR: ts