EPA Stamp on Exhausts Passes out of Committee in California

SB 435, authored by California State Senator Fran Pavely, passed out of the Transportation Committee on Monday, June 28, 2010. The bill's author originally penned this as an anti-smog bill back in 2009, but it failed to get much support due to the costs associated with it, and the enforcement problems it would cause.  Not to be dissuaded, the anti-motorcycle senator rewrote the bill to address the noise issue. Basically, the bill would require all motorcycle exhausts to have an EPA stamp affixed by the manufacturer or face a $300 fine- no matter if the bike was running or parked, or if it was loud or quiet. The EPA stamp would be the determining factor for police to consider.

Of course, finding the EPS stamp might prove a little difficult.  Many manufacturers do not stamp their exhausts and haven't for many years. Even those exhausts.with stamps are hard to see. Some bikes have to be nearly dismantled to determine if a stamp is there or not.  Another consideration is the fact that the California Vehicle Codes, 27150 and 27151 already deal with noise and tampering with exhausts to make the bike louder.

It is also troublesome to learn that ABATE of California, formerly opposed to SB 435, remained neutral on the issue during the hearing before the Transportation Committee.  Word is, the committee room and adjacent areas were packed with bikers, many of whom had negative comments aimed toward ABATE and its lobbyist, Jim Lombardo.  ABATE of California does claim some victory on its web page for getting a requirement of SB 435 removed from the bill. Any motorcycle, model year 2000 or later, would have been required to submit to biennial smog checks, the same as autos. ABATE claims they convinced the bill's author to remove that section.  ABATE also collected thousands of signatures on a petition opposing SB 435, yet when the hearing convened, ABATE remained neutral on the bill. That was embarrassing, according to at least one ABATE observer who was at the hearing. Many other bikers were upset about ABATE's lack of opposition at the hearing.

The bill now moves to the Appropriations Committee. It remains to be seen if it will move to the full legislature for a vote later in the year. If successful, this bill could spell trouble for other states that might consider similar legislation. Meanwhile, there is an outcry building in the motorcycle community condemning the bill and accusing ABATE of California of not fighting for the bikers of California.

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