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Goverment funding on Motorcycle Only check points.

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  #11  
Old 08-26-2010 | 06:57 PM
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Definitely profiling a single group. Here on Long Island they did this a few times, but then stopped. I wrote to the "local yocals" representing us people and gave them various reasons as to why they should stop this illegal behavior. They said is was a "safety check"...ha!! I responded to this by simply stating...if the "safety check" was for all vehicles, fine, but targeting a select group is considered profiling...needless to say, never got a response back.

As for trucks being stopped (as stated in an earlier reply) - IMO - that should be allowed, because those vehicles are being used for "profit/business purposes"...and a lot of companies cut corners to keep operating cost down. I have witness trucks here in NY actually falling apart while driving down the Long Island Expressway, doin' 80 mph, and they keep on rolling.

ABATE of LI have done some serious campaigning in this area and I can say that they seem to be making some stride. Support your local ABATE and support the AMA by maintaining your membership or joining as a member. Only in numbers can our voices be heard.

JMO
 
  #12  
Old 08-26-2010 | 07:02 PM
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Originally Posted by badinc1
The Federalist Papers were written by the Founding Fathers to explain the content and INTENT of the Constitution.

Therefore it is NOT open to interpretation. It is to be taken at face value, not what someone thinks. A judge has declared the separation of church and state is Constitutional, but it is nowhere to be found in the document.

They most certainly were thinking of police checkpoints when they passed the 4th Amendment. The mode of travel is irrelevant. Notice they did not say anything about travel by horse or on foot? They only meant if you are TRAVELING you have the right of free passage without being stopped or detained without due cause.

And the Constitution IS set in stone. The only way to change it is to get new stone via the amendment process. Want to change the Constitution? Get an amendment passed which either adds to or repeals an amendment.
That is the ONLY LEGAL way to do it, not have a judge "interpret" the Constitution the way that they want it to read.

You can't tell me the 4th Amendment hadn't been ruled on before the 20th century. The framers put it in the Constitution-if it's there, it's Constitutional.
And the Federalist papers explain it all.
If a judge ruled something is unconstitutional in 1805 how can it be ruled Constitutional in 2005?
That is making law via interpretation from the bench.

Take for instance the 2nd Amendment. Chicago and DC passed laws which made owning firearms illegal. That is a violation of the 2nd. Judged read the document-notice I didn't say "interpreted"-they read what it says and took it at face value, not what they wanted it to say and repealed the laws.
If those cities want a gun ban they need to get the Constitution amended repealing the 2nd. Want checkpoints? Repeal the 4th.

Never mind the fact a m/c only checkpoint is discriminatory, they shouldn't be used in the first place.

Bobby.
Hey Bobby...I think you bring up some very good points but there some considerations to make with what you have said. You are right about the Federalist Papers explaining the intent of the Constitution but there are other aspects to take into consideration such as the design of the Constitution itself. The initial design of the Constitution was not only to grant individual rights to the citizenry but to also establish that only the specific items in the Constitution belong to the powers of the federal government. If these are not solely specified then those rights belong to the states. The fathers also had a strong distrust to an all powerful central government and wanted to ensure that the individual states had more encompassing rights to govern their own territories. So what does this mean with the motorcycle dilemma you first put down in the OP?

It means that this will get played out looooooooong before there is even a consideration before this even goes to a federal level. This means that in NY for example, it would have to go through the local courts, then court of appeals, to the circuit and then the State Supreme Court. The Justices would never hear a case if it only affected a very limited number of states within the nation. This is the power of governance that each state was specifically have in these kind of manners. For example, the established time zones were decided by the Supreme Court after decades of the country being on different times from state to state. But it wasn't until the establishment of the railroad that the court got involved because the railroad essentially made transportation viable from coast to coast. This is why the Justices took the case on because the states inability to work with each other was causing a major problem for the national infrastructure. In other words, no one could catch the train on time because everywhere you went, there was a different time zone. This same thing would have to happen with the current problem with the motorcycle checks but we are long off that mark because of the few states that are doing it. So the attention should be made to the state level of governance and not the national level.
 
  #13  
Old 08-26-2010 | 07:30 PM
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Originally Posted by Luxer
I believe this falls into a completely different category because now you are talking about a commercial use for a vehicle on public established roads. Then there are certain regulations that have been established because the public road system is now your source of business. We pay taxes for the maintenance of our roads and in return, we are able (with proper licensing) to use these roads for commuting, recreation, etc. A commercial enterprise is a different story though...
Those highways were built for commerce and interstate trucking. Not so granny can get to church. I'm a trucker too. Our tax dollars pay for more highway funding than all you that own a motorcycle and cars put together.

Thanks for your service. And good luck with fighting the good fight. That's sincere.
 
  #14  
Old 08-26-2010 | 07:54 PM
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Originally Posted by RFG
Those highways were built for commerce and interstate trucking. Not so granny can get to church. I'm a trucker too. Our tax dollars pay for more highway funding than all you that own a motorcycle and cars put together.

Thanks for your service. And good luck with fighting the good fight. That's sincere.

RFG,
What most people don't know or understand is the amout of dollars truck drivers/companies pay to each State for fuel taxes.
If car and motorcyclist had to do the same, people would be up in arms !
These people don't know how good they have it ?
Like I've mentioned, maybe they should start doing D.O.T. physicals every two years for everybody who drives ?
And, I've always said that they should also make ALL State licences Nationwide like the CDL licences, so they too won't be able to get another licence in another State if they lose theirs in their States.
Even lower the alcohol limit to what the CDL drivers have to have, and put the same penalties that CDL drivers have to put up with.
Somethings that truckers have to do to drive are good ideas that would be good for everybody who drives.
Bobby.
 
  #15  
Old 08-26-2010 | 10:36 PM
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And they say all the bad stuff starts in CA! LOL! It'sa bout time someone else gets some bad press for a change.
 
  #16  
Old 08-26-2010 | 10:45 PM
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that sounds like profiling with it being motorcycles only. I thought our government said profiling was illegal.
 
  #17  
Old 08-26-2010 | 11:29 PM
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well i have a class A myself, and i understand why DOT makes stops, we are shipping, so they weigh and check trucks so they dont smuggle drugs and other things, and they are dangerous, we have had trucks loose rim/tires and fly over the guardrail and hit cars and kill em...but a cycle, wut are we gonna do slide into your car and set the air bag off......they should target old senior drivers not motorcyclist.....I've seen people that should be in nursing homes driving 40 on the interstate...hope i didnt get too of subject...lol....wut was this thread about again
 
  #18  
Old 08-27-2010 | 12:55 AM
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if they did car only checkpoints it would be to much cost and hassle for them, and they wouldnt make enough revenue to be profitable..less bikes,more bs laws,more financialy sound owners=thicker state wallet
 
  #19  
Old 08-27-2010 | 07:05 AM
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Originally Posted by DyNaBoB
well i have a class A myself, and i understand why DOT makes stops, we are shipping, so they weigh and check trucks so they dont smuggle drugs and other things, and they are dangerous, we have had trucks loose rim/tires and fly over the guardrail and hit cars and kill em...but a cycle, wut are we gonna do slide into your car and set the air bag off......they should target old senior drivers not motorcyclist.....I've seen people that should be in nursing homes driving 40 on the interstate...hope i didnt get too of subject...lol....wut was this thread about again
Right DynaBob.
Don't even get me started on all these old people driving bus motorhomes.
Why they are exempt from having to have a CDL to drive those things is beyond me ?
They should also make operator license's Nationwide like the CDL license's.
And it wouldn't hurt to make all operators take a D.O.T. pyshical every two years like truck drivers. It would get a lot of unsafe drivers off the roads.
Plus, while I'm on it, make the operator DWI/DUI laws the same as truck drivers limits and fines. That would stop a lot of drinking and driving.
Bobby.
Bobby.
 
  #20  
Old 08-27-2010 | 07:09 AM
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Originally Posted by j1mmy
if they did car only checkpoints it would be to much cost and hassle for them, and they wouldnt make enough revenue to be profitable..less bikes,more bs laws,more financialy sound owners=thicker state wallet
In New Hampshire, they have child restraint check points, where they pull over and stop any vehicle that has a child in the vehicle.
Is that singling-out ?
I know it's for the child's safety, but they can say the same on motorcycle only check points.
Bobby.
 



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