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Mac Made

ACTION ALERT: Date of Hearing: August 4, 2010. Having passed out of committee, the bill now goes to the Senate for vote which will happen within the next week or two. Time to write and/or call your Senator... The info below comes from the California Assembly site (www.assembly.ca.gov):


Felipe Fuentes, Chair

SB 435 (Pavley) - As Amended: June 30, 2010

Policy Committee:
TransportationVote: 8-4

Urgency: No
State Mandated Local Program: Yes
Reimbursable: No


This bill requires motorcycles registered in the state and manufactured on and after January 1, 2011 to have a federal U.S. Environmental Protection Agency (EPA) exhaust emission label. Specifically, the bill:

1) Establishes that a violation of the labeling requirement is a mechanical violation, meaning that a peace officer is prohibited from stopping a motorcycle solely on a suspicion of a violation of this labeling requirement

2) Authorizes the court to dismiss the penalty on a first violation upon correction of the violation.

3) Establishes a violation of this law as punishable by the same fine currently established pursuant to the equipment anti-tampering law (currently between $50 and $100 for a first offense and $100 to $250 for second and subsequent offenses.


1) No state costs. Local enforcement costs not reimbursable.

2) Unknown, potentially significant increase in fine and penalty revenues related to violations of labeling requirement.


1) Background. Existing federal regulations require a motorcycle manufactured after January 1, 1983 to meet specified noise emissions standards, and requires that labels be affixed to the motorcycle indicating that it meets these standards.

California's anti-tampering law prohibits the installation, sale, or advertisement of any device intended to modify the original design or performance of the motor vehicle pollution control system. It also requires a motorcycle to be equipped with a muffler that prevents excessive or unusual noise, and prohibits the modification of the exhaust system in a manner that amplifies the noise emitted by the motor to the extent that it exceeds noise limits.

2) Rationale. The bill is intended to give state law enforcement the ability to enforce federal emissions-related regulation and state anti-tampering laws. The author asserts that these regulations and laws, though on the books for many years, are infrequently enforced. She contends this bill takes a modest approach, by making the violations a secondary infraction, and applying only prospectively to newly manufactured motorcycles.


California State Assembly Site

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