June Event Dates

CA U.S. Defenders, the time is NOW!

OFFICIAL CALIFORNIA CALL TO ACTION - SB 435

(See EM below from Jerry Lee, CA U.S. Defender State Commander)

TAKE ACTION:

There is a hearing scheduled for Monday, June 28st at 1:30 pm at the Capitol in Sacramento. If it's at all possible for you to attend please do so - let them know we're watching and we care. There is an organized ride from Iron Steed H-D, Vallejo, to the Capitol with KSU at Noon. From now until the bill is heard, we need to get as many people and businesses as possible to do these 2 things:

Per U.S. Defender protocol, Fax or snail-mail a Letter of Opposition to your Assemblymember. Make a copy of your letter for your Club U.S. Defender. Your Club U.S. Defender will notify your Confederation U.S. Defender of your Club's response.
You can also write to the chair of the Assembly Transportation Committee.
Call your own Assemblymember and/or use their website contact form to request that they oppose the bill. If your Assemblymember isn't on the Transportation Committee then request that they contact the Committee members to ask that they oppose the bill.

The Assembly Transportation Committee members are listed below and you can find your Assemblymember here. Once you enter your zip code it'll display both your Senator and Assemblymember, their phone numbers and website address. Go to their website to send a message via web form. This is more effective than sending an e-mail because they pay closer attention to the messages coming in from the website as they're harder to spam.

You can send a free fax right from your computer here.

Download a sample Letter of Opposition in MS Word format here.

Download a sample Letter of Opposition in PDF format here.

Here are some talking points but feel free to use your own:

Laws have been on the books for almost 40 years that require all motor vehicles (including motorcycles) to have properly maintained and legal exhaust systems and mufflers.
Vehicle Code Sections 27150 & 27151 already are used to cite loud mufflers.
Spending the money to enact redundant vehicle noise control laws when the state has a $20 billion deficit is irresponsible.
The EPA noise labels on motorcycle mufflers are nothing more than new bike manufacturer warranties, good for just one year or 3,730 miles.
Noise laws from all sources, like autos with noisy boom boxes or mufflers, loud house parties and construction equipment need to be enforced, not just targeting motorcyclists for subjective and discriminatory prosecution.
The EPA noise labels on aftermarket replacement mufflers are nothing more than manufacturer warranties, good only at time of purchase.
I bought my used bike that doesn’t have a muffler stamp. Is it fair that I should get a ticket for that?
My muffler just wore out. My dealer or manufacturer doesn’t have any more stock ones. What do I do, stop using my motorcycle?

California Assembly Transportation Committee

* indicates a key vote, if you're in one of these districts please make a special effort to contact your Assemblymember.

Assemblymember	Fax	Phone
Bonnie Lowenthal (Chair)	(916) 319-2054	(916) 319-2193
Kevin Jeffries (R–Murrieta)	(916) 319-2166	(916) 319-2066
Bill Berryhill (R–Stockton)	(916) 319-2126	(916) 319-2026
Bob Blumenfield (D–Van Nuys)*	(916) 319-2140	(916) 319-2040
Joan Buchanan (D–San Ramon)*	(916) 319-2115	(916) 319-2015
Mike Eng (D–El Monte)*	(916) 319-2149	(916) 319-2049
Warren Furutani (D-Long Beach)*	(916) 319-2155	(916) 319-2055
Cathleen Galgiani (D–Stockton)*	(916) 319-2117	(916) 319-2017
Mary Hyashi (D-Hayward)*	(916) 319-2118	(916) 319-2018
Jeff Miller (R–Corona)	(916) 319-2171	(916) 319-2071
Roger Niello (R–Sacramento)	(916) 319-2105	(916) 319-2005
Chris Norby (R–Brea)	(916) 319-2172	(916) 319-2072
Anthony Portantino (D–Pasadena)*	(916) 319-2144	(916) 319-2044
Jose Solorio (D–Anaheim)*	(916) 319-2146	(916) 319-2046

Thanks again to everyone who has taken action up to this point, we couldn't have stalled it as well as we have without you!

Shut down SB 435 in the Assembly Transportation Committee on Mon, June 28, 2010 at 1:30 pm.

If SB 435 is signed into law, SMOG CHECK FOR MOTORCYCLES could be EVEN EASIER to pass in the NEXT legislative session. Do NOT let this happen!

Strength in Numbers,

Helldog, SOSWMC

CCCOC U.S. Defender

Hello Unit Commanders and Brother Bikers,

As the U.S. Defenders Organization Commander of the state of California I am hereby declaring a "Call To Action" to oppose the passage of SB 435. Unit commanders you know the protocol. Currently the bill is being rewritten to include only bikes manufactured after 2007 instead of bikes manufactured as far back as 1983. This is a good change but doesn't mean that the bill is constitutionally right. The other changes to the bill drop the charge from a misdemeanor offense to an infraction for the first and second offense. The first offense is a fine of $50 not to exceed $100 and the second offense fine is $100 not to exceed $200 and points against your driving record for both the first or second infraction. They are not changing the language which refers to a label or stamping of the bike's frame which indicates exhaust system requirements. This is much like the requirements on automobiles with that info under the hood of the car. If your exhaust system does not meet the requirements of that which is labeled on the frame you could be cited. How fucking stupid is that and how will they be able to regulate or check for it. This will cost the state of Ca. millions of $ to implement and it is discriminatory in nature. If its costing the state that means YOU THE TAX PAYER WILL PAY FOR ITS IMPLEMENTATION AND ITS ENFORCEMENT AS WELL AS THE PENALTY FOR NON COMPLIANCE. I dont know about many of you but I am tired of this BULLSHIT. It is just Sen Pavely's way of getting her name affixed to a piece of legislation to show that she did something while she was in office other than collecting a paycheck at your expense. I implore you to contact as many riders as possible as well as the members of the U.S. Defender Org. to call, E-mail or write a letter to your legislators opposing this piece of legislation. PLEASE DONT BE FOOLED. THE ONLY REASON THEY ARE REWRITTING THE BILL IS TO MAKE US THINK THAT THEY CONCEDED SOMETHING SO WE THINK THAT WE WON. WE WILL NOT WIN SHIT UNLESS THIS BILL IS DEFEATED. For letter writing please refer to the ABATE formatted letter.
NOTE:

On June 28th there will be a convening of motorcycle riders gathering at Iron Steed Harley Davidson at 11:00 am and departing at 12:00 noon for a rally at the state capital. The purpose for the rally is to voice opposition of the passage of SB435. I will be present to represent the U.S. Defender organization. ABATE,MMA and other MRO's will be gathering at the state capital in opposition to the passage of the bill.

REMEMBER THIS MY FELLOW AMERICANS;

"THE TWO ENEMIES OF THE PEOPLE ARE CRIMINALS AND GOVERNMENT SO LET US TIE THE SECOND DOWN WITH CHAINS OF THE CONSTITUTION SO THE SECOND WILL NOT BECOME THE LEGALIZED VERSION OF THE FIRST"

Thomas Jefferson

Founding Father of the United States of America

Respectfully,

Jerry Lee

U.S. Defenders Organization Commander, California

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.