The Governator has signed into law California Senate Bill 435, giving police the ability to cite motorcyclists for running non-EPA stamped exhausts. Calm down, the law’s not all that bad. Cops’ll have to find another excuse to pull you over in the first place and the max fine for a repeat offense is only $250; it only affects model year 2013 bikes and newer. We have ourselves to blame. Full te...

The Governator has signed into law California Senate Bill 435, giving police the ability to cite motorcyclists for running non-EPA stamped exhausts. Calm down, the law’s not all that bad. Cops’ll have to find another excuse to pull you over in the first place and the max fine for a repeat offense is only $250; it only affects model year 2013 bikes and newer. We have ourselves to blame. Full text of the new law below.

BILL NUMBER: SB 435 CHAPTERED

BILL TEXT

CHAPTER 407

FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2010

APPROVED BY GOVERNOR SEPTEMBER 28, 2010

PASSED THE SENATE AUGUST 30, 2010

PASSED THE ASSEMBLY AUGUST 18, 2010

AMENDED IN ASSEMBLY AUGUST 9, 2010

AMENDED IN ASSEMBLY JUNE 30, 2010

AMENDED IN ASSEMBLY JUNE 22, 2010

AMENDED IN ASSEMBLY JUNE 15, 2010

AMENDED IN ASSEMBLY JUNE 10, 2010

AMENDED IN ASSEMBLY JANUARY 11, 2010

AMENDED IN SENATE MAY 28, 2009

AMENDED IN SENATE APRIL 13, 2009

INTRODUCED BY Senator Pavley

(Coauthor: Senator Lowenthal)

FEBRUARY 26, 2009

An act to add Section 27202.1 to the Vehicle Code, relating to

vehicles.

LEGISLATIVE COUNSEL'S DIGEST

SB 435, Pavley. Vehicles: pollution control devices.

(1) Existing federal regulations require a motorcycle manufactured

on and after January 1, 1983, and exhaust emission systems for those

motorcycles, to meet specified noise emissions standards and require

that a label be affixed onto the motorcycle or exhaust emission

system indicating that the motorcycle or exhaust emission system

meets the noise emissions standards.

This bill would make it a crime for a person to park, use, or

operate a motorcycle, registered in the state, that is manufactured

on and after January 1, 2013, or a motorcycle, registered in the

state, with aftermarket exhaust system equipment that is manufactured

on or after January 1, 2013, that does not have the above label, and

would make a violation of this provision punishable by a specified

fine, thereby imposing a state-mandated local program by creating a

new crime. The bill would require the person to whom a notice to

appear is issued, or against whom a complaint is filed, for the above

violation, to provide proof of correction. The bill would authorize

a court to dismiss the penalty imposed for a first violation if the

person produces proof of correction to the satisfaction of the court.

(2) The California Constitution requires the state to reimburse

local agencies and school districts for certain costs mandated by the

state. Statutory provisions establish procedures for making that

reimbursement.

This bill would provide that no reimbursement is required by this

act for a specified reason.

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.

via The LA Times