HB 705: Motor vehicles; prohibit traffic stop on sole basis that the person is operating a motorcycle or wearing motorcycle paraphernalia

Under current Georgia law, police may stop a vehicle if they have reasonable articulable suspicion (specific facts suggesting a traffic law is being broken) that the vehicle is violating traffic rules. This bill adds a new section to Georgia's motor vehicle code clarifying that officers keep this general stop authority, but it carves out one specific limit: a stop cannot be based solely on the fact that someone is riding a motorcycle or wearing motorcycle-related paraphernalia, such as club insignia or leather riding gear. The bill adds this rule as a new Code section, O.C.G.A. § 40-1-10, within the general provisions of Georgia's motor vehicle title. It does not change any other traffic enforcement rules or penalties, and it repeals any conflicting laws.

• Creates a new Code section, O.C.G.A. § 40-1-10, addressing when police may stop or detain a motor vehicle.
• Confirms police can stop a vehicle based on reasonable articulable suspicion of a traffic law violation, restating existing stop standards.
• Makes it unlawful for police to base a traffic stop solely on someone operating a motorcycle or wearing motorcycle related paraphernalia.
• Repeals any existing Georgia laws that conflict with this new rule.

Motorcycle riders in Georgia, who would gain a specific legal protection against stops based only on their choice of vehicle or attire, and law enforcement officers, who would need to have an additional, independent basis before stopping a motorcyclist.

If enacted, a motorcyclist could challenge a traffic stop that was made only because they were riding a motorcycle or wearing biker-related clothing or patches, without any other suspected violation, potentially limiting a type of stop some riders say singles them out.

• Section 1 adds new Code section 40-1-10 to Article 1 of Chapter 1 of Title 40, the general provisions on motor vehicles and traffic.
• The new section allows a police officer to stop a vehicle based on reasonable articulable suspicion of a violation of Title 40, Georgia's motor vehicle law.
• The new section declares unlawful any 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 and parts of laws in conflict with the Act.

1. 2025-03-06House Second Readers (Cámara de Representantes)
2. 2025-03-04House First Readers (Cámara de Representantes)
3. 2025-03-03House Hopper (Cámara de Representantes)

• Solomon Adesanya (D, HD-043)Patrocinador principal
• Dewey McClain (D, HD-109)
• Jordan Ridley (R, HD-022)

• motorcycle riders
• traffic stops
• police stops
• motor vehicle law