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Old Twistie Sticks Rider
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5,072 Posts
Discussion Starter #1
Copied e-mail from Fix My Hog--

SB-435 has passed in the California legislature
To stay in touch with our industry I get Cyril Huze's Blog.

Call To Action Regarding Pollution Control Devices In California
Published by Cyril Huze September 23rd, 2010 in Editorial.
I publish below a call for action on behalf of ABATE Of California (American Bikers Towards Education) and BOLT (Bikers Of Lesser Tolerance) regarding recently passed legislation, California SB-435.

Vehicles: pollution control devices. SB-435 has passed in the California legislature and the Governor has until September 30th to decide to sign it into law, veto the bill or do nothing in which case the bill becomes law. All motorcyclists in the USA are urged to call, email or fax California Governor Arnold Schwarzenegger to urge him to use his Power of Veto to stop this bill before the September 30, 2010 deadline.
Unchecked, this type of legislation will be spreading nation wide. Disguised as a pollution control bill, it is actually a noise control bill and there are already laws in California dealing with noise. This bill places an undue burden on motorcyclists, endangers the cottage industry of after market manufacturers as well as custom builders and hobbyists and does nothing to control emissions.

Visit BOLT USA for more information on the bill and the Call to Action and call, email or fax today. We must unite and tell Governor Schwarzenegger this bill is not wanted or needed. He has stated that he is remaining neutral until he hears from the public before the September 30th deadline. Please act on this request and post it on your social network pages and forward to friends.

Governor’s Office. Governor Arnold Schwarzenegger. State Capitol Building, Sacramento, CA 95814. Phone: (916) 445-2841. Fax: (916) 558-3160. To email go to Governor Of California and click on tab “Interact”

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MANIC MECHANIC
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943 Posts
Well I think I would need to see the actual copy of the propossed law before I could say I am against it. There is no specific info in your post detailing the wording of the propossed law.

It might even be something that I would favor...;)

KM
It is not something I favor I have worked In several shops here in northern VA where we do emissions testing. First the shop has to buy an emissions machine w/ dynamometer at a cost of about 60k installed. The cost of the inspection to the victim is a state mandated $28.00. It doesn't make a lot of sense does it. But here in the state of Virginia to legally perform emissions repairs it must be done at a state certified emissions repair facility. Now for the parts, if you read the law here ANY changes in the emissions system from factory are illegal. Not just loud aftermarket exhausts on cars All aftermarket exhausts. My friend Brian was pulled over for his fart-can muffler on his civic, and ticketed. We replaced his exhaust with a Bosal factory replacement exhaust just like any replacement muffler from a parts house. He wanted a chrome tip we put one on. He was pulled over a couple of weeks later by the same state trooper that got him the first time. He laid down behind the car and checked the muffler with his flashlight. It did not say honda so he was ticketed again. He had our emissions inspector look it up in the rule book. To legally repair an exhaust system here in VA the parts have to be factory. Just the fact that this law is retroactive to 2000My motorcycles follow the trail of money and you will see why they are trying to get this to be law. The emissions machines will have to be retrofitted, the people will have to pay for these inspections, a lot of factory parts will have to be purchased. All in the name of clean air. Sounds like money to me.
 

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Old Twistie Sticks Rider
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5,072 Posts
Discussion Starter #4
Well I think I would need to see the actual copy of the propossed law before I could say I am against it. There is no specific info in your post detailing the wording of the propossed law.
It might even be something that I would favor...;) KM
As stated, I just copied an e-mail from Fix My Hog... Like me, you don't live in California either... Just wanted to give the California folks on here a heads up, like you, I don't have a dog in the race either...
Have a good one...Old Dog...
 

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1,750 Posts
Hey, didn't I warn you all about this years ago? Washington state troopers can ticket any biker that mufflers and frame EPA numbers don't match - NO TESTING REQUIRED, no sound check needed.

ABATE could not stop it here, chances are it will be in your state soon.

DT

BTW, I kept my stock exhaust tips to be ready for this.
 

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Retired USAF (IYAAYAS)
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674 Posts
I may be having a false memory but I seem to remember that in Hawaii even if you slip a chrome exhaust tip over the stock on your car the car must go through inspection again. Or something that critical/stupid.
When I was stationed in Okinawa back in the early 70s the Japanese vehicle inspections checked the timing of the vehicle. The government timed it to the most pollution-less setting and then put a seal on your distributer. If you broke that seal, for any reason, it was a heavy fine.
 

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MANIC MECHANIC
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943 Posts
My bike still has the stock pipes (sort of) the goats belly has been removed and pipes were bent and flared then welded in place. The baffles have been removed from the mufflers. In a spot check it looks like its all there. In the In the EPA test they will check for the reed valves the factory air box and filters also. God forbid you have a California bike with evaporative emissions they will check for all of that just like they do in cars.
 

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Premium Member
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641 Posts
Now they are coming after us, and yet we still have tons of dumptrucks and 18 wheelers pouring out heavy black exhaust all over the country. How is this fair?
 

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MANIC MECHANIC
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943 Posts
Now they are coming after us, and yet we still have tons of dumptrucks and 18 wheelers pouring out heavy black exhaust all over the country. How is this fair?
the dump trucks and 18 wheelers are deemed a necessary evil because without them people would be inconvienenced. They view us ad an inconvienence there was a morning drive radio dj on a baltimore station who came right out and said he did not look for motorcycles and would not look for motorcycles. If you ride you take the risk into your own hands. most cage drivers view us as an inconvienence something they have to pay extra attention to. so why not regulate us off the road.
 

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17 Posts
a little further information

The link to this is posted on Dudley Perkins site, its well worth having a look-this is i suspect very much the thin end of the wedge


California Senate Bill 435 will become law if it is not vetoed by September 30th!
Updated: Senate Bill 435 was sent to the Governor on August 30th. He has until September 30th to veto the bill or it will become law.

On August 30, 2010, the California Senate passed SB 435 by a vote of 21-16 and is on Governor Arnold Schwarzenegger’s desk. Despite state Senator Fran Pavley’s (D-CA-23) claims, the bill will do little to address excessive sound or reduce emissions, and is still unfairly targeting motorcycle owners.

In a letter, dated August 5, 2010, the American Motorcyclist Association (AMA) sent a letter to Governor Schwarzenegger urging him to veto SB 435. To view the governor’s reply, click here. In response to the Senate’s passage of SB 435, the AMA sent a follow-up letter, dated August 31, 2010, to the governor, continuing to urge a veto. A final letter was just sent on September 26th, once again requesting a veto of this legislation.

As written, SB 435 is not practical in a real world traffic stop situation due to the inconsistent location of the federal label, making it difficult for law enforcement to locate. These labels can be positioned on different locations depending on the type of exhaust and/or style of the motorcycle. This will result in improper and unwarranted citations.

Furthermore, after-market exhaust systems are not always louder than stock systems and can be installed for a variety of legitimate reasons. Stock exhaust can wear out over time, be damaged, unavailable or prohibitively expensive. If signed into law, motorcyclists, and motorcyclists alone, will be forced to purchase Original Equipment Manufacturer (OEM) parts, while automobile drivers will continue to be allowed to install exhaust components from non-OEM sources.

This bill is discriminatory and punitive. It will serve only to drive up the cost of ownership for every rider while doing little or nothing to actually address the issue of excessive motorcycle sound. Please contact the Governor's office today and request a veto of this unfair legislation.

The fastest way to reach the Governor is to call, (916) 445-2841. You can also send a pre-written message immediately by following the “Take Action” option and entering your information. The AMA encourages riders to personalize their message.

To view an AMA press release on SB 435, click here.

For those who want to do more, please utilize AMA tips and tools available at on our website at AmericanMotorcyclist.com > Rights > Get Involved, or for direct access, click here. If you are on Facebook, become a fan of the AMA at Facebook.com/AmericanMotorcyclist.

Please write or call the governor today and urge him to veto SB 435. Thank you for your active participation and efforts to encourage your friends and family to do the same.

Take Action
1 COMPOSE MESSAGE
Message Recipients:
Arnold Schwarzenegger (R-CA), Governor
Delivery Method:
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Subject:
Please veto Senate Bill 435
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2 SENDER INFORMATION
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Premium Member
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I sent my letter to the congressman through the ama website.
 

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Undercover Sportbiker
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It was signed into law a couple days ago. The full text will be copied below, but first some points about it.

1. It was originally to establish emissions testing for motorcycles.
2. It died a horrible death in that form because the state didn't want to pony up the $$ (that they don't even have anyway) to implement the program.
3. In its current form, it only applies to motorcycles manufactured after 1/1/2013, so even the 2013 model years won't be as effected, since a LOT of them will have actually been made in 2012.
4. The PD cannot use that as the primary reason for a stop. It can only be cited as a secondary offense.

Frankly, for those who "know someone" who has been cited for modified exhaust where the EPA stamps don't match or are missing formthe pipe, I'd be interested to know what the vehicle code was on the citation, because even though federal regs say that there must be an EPA stamp, that requirement is on the manufacturer. The only regs I found say that "tampering with the exhaust MAY be a violation of federal regulations" but I've been unable to find one that applies to the purchaser.

This law now gives LE a specific vehicle code section under which a citation can be issued, where one did not previously exist.

Full text:

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 27202.1 is added to the Vehicle Code, to read:
27202.1. (a) Notwithstanding any other law, a person shall not
park, use, or operate a motorcycle, registered in the State of
California, that does not bear the required applicable federal
Environmental Protection Agency exhaust system label pursuant to
Subparts D (commencing with Section 205.150) and E (commencing with
Section 205.164) of Part 205 of Title 40 of the Code of Federal
Regulations. A violation of this section shall be considered a
mechanical violation and a peace officer shall not stop a motorcycle
solely on a suspicion of a violation of this section. A peace officer
shall cite a violation of this section as a secondary infraction.

(b) A violation of this section is punishable as follows:
(1) For a first conviction, by a fine of not less than fifty
dollars ($50), nor more than one hundred dollars ($100).
(2) For a second or subsequent conviction, by a fine of not less
than one hundred dollars ($100), nor more than two hundred fifty
dollars ($250).
(c) (1) The notice to appear issued or complaint filed for a
violation of this section shall require that the person to whom the
notice to appear is issued, or against whom the complaint is filed,
produce proof of correction pursuant to Section 40150.
(2) Upon producing proof of correction to the satisfaction of the
court, the court may dismiss the penalty imposed pursuant to
subdivision (b) for a first violation of this section.
(d) (1) This section is applicable to a person operating a
motorcycle that is manufactured on or after January 1, 2013, or a
motorcycle with aftermarket exhaust system equipment that is
manufactured on or after January 1, 2013.
(2) Penalties imposed pursuant to this section are in addition to
penalties imposed pursuant to any other applicable laws or
regulations.
(3) This section does not supersede, negate, or otherwise alter
any other applicable laws or regulations.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
 
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