CALL TO ACTION 

The amendments to SB 435 have been published and include the provisions we anticipated - it would add a new section to the vehicle code requiring EPA labels on 1983 and newer bikes or be subject to a $300 fine:

 

SEC. 2. Section 27202.1 is added to the Vehicle Code, to read:
27202.1. (a) Notwithstanding other law, a person shall not park, use, or operate a motorcycle, registered in the State of California, and manufactured on and after January 1, 1983, 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.
(b) A violation of this section is punishable by a fine of not more than three hundred dollars ($300), and no part of the fine imposed may be suspended.

 

An informal interpretation by the CHP suggests that you could be fined $1000 for a second offense.

Note that it says you can be ticketed even if your bike is parked and the cop can't see the EPA label.  In most cases these labels aren't readily visible even on a brand new bone stock bike.  Go to a dealer and see for yourself then ask them to send a note to the Assembly Transportation Committee explaining why it's impossible to use the EPA labels for enforcement purposes.

To read the amended bill in its entirety, follow this link:

http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0401-0450/sb_435_bill_20100610_amended_asm_v95.html

If you haven't already done so, please take the actions requested in the following Action Alert originally sent last week.  This is critical, please take action NOW!

 

sent Wednesday June 9th:

 

While nothing has been published on the proposed amendments to SB 435, we've been able to gather that they're planning to create legislation that would make any motorcycle exhaust without the EPA labeling that comes on OEM equipment illegal and subject to a $300 fine.  Have you ever tried to find the EPA label even on a stock bike?  Can you imagine how a cop could find it?

Based on this information we're going to try and defeat it in the Assembly Transportation Committee where it's currently scheduled to be heard on June 21st.  There's nothing preventing Senator Pavley, the author, from changing the proposed amendment, from withdrawing the bill or rescheduling it for hearing at a later date.  Right now we need to put as much pressure as possible on the members of the Assembly Transportation Committee in order to give it no chance of passing as currently proposed.

Please go to http://www.abate.org/IssuesLegislation/CurrentIssuesLegislation.aspx and read the details as we currently understand them and take the 2 actions requested:  send a Letter of Opposition to the Chair of the Committee and contact your own Assembly member.

 

It's critical that we apply as much pressure as possible during the next two weeks.

Please pass this on to everyone you know who rides.

 

If you're not already signed up for Action Alerts you can do so here.

 

SB 435, Vehicles, pollution control devices; was amended yesterday by Senator Fran Pavley. You can read a pdf file on this bill by going to the links below.  Pavley continues to "water down" the bill to seek passage but make no mistake about it, it remains a bad bill discriminating against our rights and freedoms as motorcyclists. 
 
Why SB 435?  

Amendments that Pavley inserted in SB 435 on 6/15/2010:

  • 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, 2000.
  • 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.
  • Added to the vehicle code:  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.

  • A violation of this section shall be punished by - For a first conviction, by a fine of not less than fifty dollars ($50), nor more than one hundred dollars ($100).  For a second or subsequent conviction, by a fine of not less than one hundred dollars, nor more than two hundred fifty dollars ($250).
We continue to watch the progress of SB 435 closely.  A CA U.S. Defenders Call-To-Action is pending.
 
Strength in numbers,
Helldog, SOSWMC
CCCOC U.S. Defenders
 
----- Original Message -----
From: <comments@www.leginfo.ca.gov>
To: <HELLDOG@WILDBLUE.NET>
Sent: Wednesday, June 16, 2010 5:12 AM
Subject: OFFICIAL CALIFORNIA BILL INFORMATION

 
> Date and Time of Update: Wed Jun 16  5:04:59 US/Pacific 2010
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> to through the California Legislative Counsel's web site 
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> (http://www.sen.ca.gov).
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 (LINKS ARE UNDER CONSTRUCTION)

MORE WILL BE ADDED SOON

    News on Discrimination

    Legality of Decorative Motorcycle Leashes


 

Information is updated regularly to keep you abreast the news regarding legal matters that will affect our rights. As a biker community we need to get involved and not allow laws to slip through unnoticed.

                                                                                                                                             

Are you prepared for the call to Action?

 

 

 

Be certain to 

have

all your contacts lined up.....

 

 

 

And don't be caught by surprise

We'll keep you posted !