Bill Would Require Stock Exhaust on All Bikes

cleonard

cleonard

This bill is even worse than I thought. All red sticker bikes would be made illegal. You see red sticker bikes like a CRF450R don't come with a spark arrestor. You have to install an aftermarket exhaust to get a spark arrestor. Well this bill makes that illegal. It's either get a no sparky ticket or a modified exhaust ticket. Great...
 
Travace

Travace

cleonard:
This bill is even worse than I thought. All red sticker bikes would be made illegal. You see red sticker bikes like a CRF450R don't come with a spark arrestor. You have to install an aftermarket exhaust to get a spark arrestor. Well this bill makes that illegal. It's either get a no sparky ticket or a modified exhaust ticket. Great...
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for my 05 KTM 525 SX which is a red sticker bike i can get a spark arrestor for a stock pipe.
 
James

James

Staff member
California Senate Bill 435 (motorcycle exhaust (Pavley, 23rd District, D)) has been amended yet again and is still scheduled for a hearing on June 28th
The latest version of the bill (as of 6/22/2010) would require stock/OEM exhaust systems on all motorcycles constructed on or after January 1, 2011, and mandates a "fix it" ticket for any owner who is found to be in violation.
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Here's the latest update, looks like the bike model year has been pushed to January 1, 2011. These should not be considered a compromise/win, as it only pushes it off for a couple years before it will affect most riders. This WHOLE bill needs to GO and go NOW.
 
CDA

CDA

James:
Here's the latest update, looks like the bike model year has been pushed to January 1, 2011. These should not be considered a compromise/win, as it only pushes it off for a couple years before it will affect most riders. This WHOLE bill needs to GO and go NOW.
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Agreed this Bill needs to die...This will hurt new bike sales and the aftermarket companies. Only good thing that would come of this is used bike sales will go up, which will be good for people selling bikes....:thinking: I have an 09 R1 with a modified exhaust for sale...:devil:
 
cleonard

cleonard

The bill has been amended yet again. Now it is only for bikes and exhausts manufacturered after Jan 1 2011. It is only about sound. It will basically make it so you can only buy sound legal bikes. Not that I like the idea of more regulation, but it's not such a horrible thing as it was before.

I have a feeling that as written it is a slam dunk to be passed.
 
James

James

Staff member
cleonard:
The bill has been amended yet again. Now it is only for bikes and exhausts manufacturered after Jan 1 2011. It is only about sound. It will basically make it so you can only buy sound legal bikes. Not that I like the idea of more regulation, but it's not such a horrible thing as it was before.

I have a feeling that as written it is a slam dunk to be passed.
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You're falling into their trap. :naughty: They start out by making it as bad as possible, then slowly bring it up so it's almost sounds "reasonable". Then we feel as if we've won the debate, yet in the end we just lost something else.:cry:

The reason it will probably pass is because most people won't have a 2011 bike right away, so they don't feel as threaten. But give it a couple years when you/me/us get around to buying a used 2011 bike and now you/I/we get hit with this uncalled for regulation. :foul:
 
cleonard

cleonard

I'm not falling for anything. I'm just saying that it's not as insane as it was before. The original bill was totally whacko. This bill grandfathers all current bikes. This grandfathering is a California thing. You know that we can't plate dirt bikes anymore, but we get to keep the old plated bikes. I have one. My plate is secure. In other states they are pulling plates of bikes that have been plated for years. Now that really sucks and that is the kind of thing that this bill would have done. If they are going to change the requirements it had better be only for tomorrow's bikes. It is just requireing labeling.

The stupid part is that it makes zero difference functionally from any existing law. We already have unenforced sound limits. As far as I can tell this bill does not change the current sound limits. All this does is make it an infraction not to have a label. The pipe manufacturers had better make soom durable labels. It would suck for one good blast with a pressure washer to make you an outlaw.
 
PBK

PBK

The bill still need s to
27yys5.jpg
 
cleonard

cleonard

Travace:
so any updates on this bill. did it go through or was it shot down ?
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The bill has been watered down through amendments. In it's current form it requires that all bikes or aftermarket exhaust systems are clearly labeled that they meed federal sound standards. It only applies to bikes or exhausts built after Jan 1 2011. No current motorcycles will be affected. It's a ticket to have a bike without the label. All the bill does is mandate that exhausts follow the federal regulations that have been in effect fro about 20 years. Many current bikes have the info stamped into the metal of the pipe. The problem comes with those that are labels. What happens if you loose the label. You are screwed.

I don't like it, but it is more reasonable in it's current form. I think it will be a slam dunk for passage in this form. Here is the current bill.

SB435:
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, 2011, or a
motorcycle with aftermarket exhaust system equipment that is
manufactured on or after January 1, 2011.
(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.
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