HB705: HB705 Motor vehicles; prohibit traffic stop on sole basis that the person is operating a motorcycle or wearing motorcycle paraphernalia
Last action March 6, 2025 · House Second Readers
A Georgia House bill would bar police from stopping a motor vehicle solely because the driver is riding a motorcycle or wearing motorcycle-related clothing or gear.
In plain language
Under current Georgia law, a police officer may stop a vehicle based on reasonable articulable suspicion that a traffic law is being violated. This bill adds a new section to Georgia's motor vehicle code clarifying that officers keep that general stop authority, but it specifically makes it unlawful to base a traffic stop solely on the fact that someone is riding a motorcycle or wearing motorcycle-related paraphernalia, such as branded jackets, patches, or gear associated with motorcycle clubs. The bill adds this rule as new Code section 40-1-10 within Article 1 of Chapter 1 of Title 40 of the Official Code of Georgia Annotated. It does not change any other traffic enforcement rules and repeals any conflicting laws. No specific effective date is listed beyond the standard process for a bill becoming law.
What the bill does
- Adds a new Code section (O.C.G.A. § 40-1-10) confirming police can stop a vehicle based on reasonable articulable suspicion of a traffic law violation.
- Makes it illegal for a traffic stop to be based solely on a person operating a motorcycle.
- Makes it illegal for a traffic stop to be based solely on a person wearing motorcycle related paraphernalia, such as clothing or gear tied to motorcycle riding or clubs.
- Repeals any existing Georgia laws that conflict with this new rule.
Who it affects
Motorcycle riders in Georgia, who would gain a specific legal protection against being pulled over just for riding or their gear, and police officers, who would need to base motorcycle-related stops on more than just those two factors.
Why it matters
If enacted, motorcyclists could not be pulled over simply for riding a motorcycle or wearing motorcycle gear, such as club patches. Officers would still need another reasonable suspicion of a traffic violation to justify a stop, potentially reducing stops some riders view as based on appearance alone.
Key provisions
- Section 1 adds new Code section 40-1-10 to Article 1 of Chapter 1 of Title 40 of the Official Code of Georgia Annotated.
- The new section preserves an officer's authority to stop a vehicle based on reasonable articulable suspicion of a violation of Title 40 (Georgia's motor vehicle laws).
- The new section declares unlawful any traffic stop where the sole basis for suspicion is that the person is operating a motorcycle or wearing motorcycle related paraphernalia.
- Section 2 repeals all laws or parts of laws that conflict with the new provision.
Status timeline
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Solomon Adesanya (D, HD-043)
- Dewey McClain (D, HD-109)
- Jordan Ridley (R, HD-022)
Topics
- motorcycle riders
- traffic stops
- police stops
- motor vehicle law