Arnold terminates loud pipes

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california-motorcycle-exhausts

The Governator has signed into law California Senate Bill 435, giving police the ability to cite motorcyclists for running non-EPA stamped exhausts. Calm down, the law’s not all that bad. Cops’ll have to find another excuse to pull you over in the first place and the max fine for a repeat offense is only $250; it only affects model year 2013 bikes and newer. We have ourselves to blame. Full text of the new law below.

BILL NUMBER: SB 435	CHAPTERED
	BILL TEXT

	CHAPTER  407
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2010
	PASSED THE SENATE  AUGUST 30, 2010
	PASSED THE ASSEMBLY  AUGUST 18, 2010
	AMENDED IN ASSEMBLY  AUGUST 9, 2010
	AMENDED IN ASSEMBLY  JUNE 30, 2010
	AMENDED IN ASSEMBLY  JUNE 22, 2010
	AMENDED IN ASSEMBLY  JUNE 15, 2010
	AMENDED IN ASSEMBLY  JUNE 10, 2010
	AMENDED IN ASSEMBLY  JANUARY 11, 2010
	AMENDED IN SENATE  MAY 28, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Pavley
   (Coauthor: Senator Lowenthal)

                        FEBRUARY 26, 2009

   An act to add Section 27202.1 to the Vehicle Code, relating to
vehicles.

	LEGISLATIVE COUNSEL'S DIGEST

   SB 435, Pavley. Vehicles: pollution control devices.
   (1) Existing federal regulations require a motorcycle manufactured
on and after January 1, 1983, and exhaust emission systems for those
motorcycles, to meet specified noise emissions standards and require
that a label be affixed onto the motorcycle or exhaust emission
system indicating that the motorcycle or exhaust emission system
meets the noise emissions standards.
   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, 2013, or a motorcycle, registered in the
state, with aftermarket exhaust system equipment that is manufactured
on or after January 1, 2013, that does not have the above label, and
would make a violation of this provision punishable by a specified
fine, thereby imposing a state-mandated local program by creating a
new crime. 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. The bill would authorize
a court to dismiss the penalty imposed for a first violation if the
person produces proof of correction to the satisfaction of the court.

   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.

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, 2013, or a
motorcycle with aftermarket exhaust system equipment that is
manufactured on or after January 1, 2013.
   (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.   

via The LA Times                           
  • pplassm

    Wump. There it is.

  • seanslides

    Honestly, I’m pretty sure this law is from the department of redundancy department. There are at least 3 other ways to write an exhaust fix-it ticket. Totally not a big deal.

    • pauljones

      That pretty much sums up California.

  • uneaqs

    What about de-baffled or otherwise modified exhausts? I’ve always wondered if you could be ticketed for that.

    • seanslides

      Look: You can get ticketed for anything and everything under the sun. If it exists, a traffic cop knows how to write it in such a way that it’s illegal.

      It sucks ass and it’s not fair, but that’s just the way it is. Make friends with the cops, keep them as riding buddies, and know the law.

  • noone1569

    2013 and newer? So a 2011 EBR 1190S would be exempt? I’m good.

  • http://www.thisblueheaven.com Mark D

    “Cops’ll have to find another excuse to pull you over in the first place”

    That shouldn’t be hard: “Sir, do you know you were riding a motorcycle/were a minority/were young/out at night?”

  • http://www.muthalovin.com the_doctor

    I am alright with loud pipes, provided its daylight out. At 2 in the morning, I am not alright with loud pipes. Yes, I am a geezer.

  • pauljones

    So, Arnold just outlawed his own motorcycle?

    California, fuck yeah, baby.

    • pplassm

      Ah-Nold doesn’t have a license, either!

  • s0crates82

    This basically means that CHP units on four wheels and on two are more likely to have a decibel meter in the trunk.

    I’m sort of okay with that.

    • fafaforza

      I think it means the opposite. All they have to do is look for an EPA sticker. No sticker, get a ticket.

      I am sure Cali already has noise laws on the books, and those were the laws that would have required a dB reading. This frees them of needing one. And if you don’t need it, you won’t have it, especially in bankrupt California.

  • ike6116

    Nothing I enjoy more than seeing a bunch of the pirate “LOUD PIPES SAVE LIVES” crew cry about their weekend toys being messed with. Find another outlet for your little dick syndrome and stop raping everyone’s ears.

    • Penectomy

      Retard,
      This affects all motorcyclist. Basically EVERY bike has to remain factory restricted. So no more Black Voodoo Megaphone Mufflers or Two Brothers Mufflers for the R1, no more Jardines for a Speed Triple, and yes no more Bubs for the Harley.

  • T Diver

    I’m sorry. It was probably my fault for hauling ass on Sunset Blvd. on Wednesday nights by all the expensive homes. Wealthy voters complained to their Santa Monica legislator and thus, we have a new law. Sorry but Sunset is an nice road. Meet you at the 76 station on PCH.

  • MTGR

    We have all the accountants and lawyers with their straight piped harleys to blame.
    Modded sport bikes have been around forever with just the occasional jackass blasting out residents eardrums but once harleys became trendy it became impossible to swing a dead cat without hitting a hog rapping through straight pipes in every suburb.

    • Penectomy

      I think in Cali they are more worried about pissing of Al Gore than noise. Actually in Cali it is probably more about raping the residence wallets than anything else.

  • bikingteacher

    Which brings me to the next law–Bright lights save lives–Ban HID and any modified headlights. Bottom line–very hared to enforce.

  • GeddyT

    Only 2013 and newer? Damn.

    And how will this kill the sportbikes? Best aftermarket exhaust I ever owned was an Akrapovic on a 1000RR. Had the EPA seal of approval etched right on it. With the insert in it, not only did the bike run much better (for street riding), but I didn’t go deaf riding it either. Quieter than stock, but way meaner sounding. Win/win/win.

    I believe Two Bros. makes certified pipes with inserts as well. Imagine many other manufacturers do, too.

    In the end the only thing that will change is that the aftermarket exhaust manufacturers will spend a little bit of time and money for testing and certification of their products. They’ll pass that on to the consumer. What could that possibly be? $5 per pipe? Call it a “not being an asshole to everyone that doesn’t want to hear me” tax.

    The article’s right: we have ourselves to blame. If people could have policed themselves and respected others over their own need for attention, this wouldn’t have been necessary.

  • ernie

    yadda yadda yadda…….you have the sportbike crew snarking over loud pipes while they do their best to create traffic havoc by passing anywhere they feel like it, including hills and corners, and doing their little catwalks. i remember an article in one sportbike magazine where a bike , travelling at well over the posted speed limit, hit and killed a pedestrian. the gist of the article was “what was the pedestrian thinking?” give me the loud pipes, at least they won’t kill anyone.

  • dbqfan

    The local city council is working on a new ordinance similar to this. It seems that every Harley moron has to remove the muffler and ride around town showing off. It has enough local citizens mad enough to demand change. These guys dress up in there standard Harley pirate outfit and make as much noise as possible. Maybe this makes them feel better about there Harley with its asphalt ripping 60 or so horsepower.

  • nicktp

    loud pipes save rednecks

    • nicktp

      honestly though, I’m f’ing sick of bikers who just want attention and 3 extra horsepower. This law kinda rocks.

  • http://www.speedymoto.com SpeedyMoto

    Why does California single out Motorcycles? Did they pass the same bill for tunner cars with coffee can exhausts? NO. How about hot rods with flowmaster mufflers? How about noisy landscaping equipment? How about trucks using engine brakes?

    And if “load pipes don’t save lifes” how come emergency vehicles use sirens? How come the National Federation of the Blind is lobbying the government to mandate artificial sound on EV vehicles? How come modern crosswalks make noise?

    • TxLoneRider

      On the off chance you are serious, hope your not; emergency vehicles have siren that face forward, exhaust pipes face backwards. So yes, loud pipes may stop someone from rear ending you, at least when your blip-ping your throttle.

      Seriously, for a 43 year old, I am farking old. I detest loud pipes. My bikes have stock exhaust.

      There is an a$$hat who lives in my neighborhood who has a custom cruiser or such, has fun riding in and out of the area in first, maybe second gear. With all of the windows shut he has woken my kids from naps.

      I don’t care what mods you make to your bike, and I don’t care how loud your car stereo can play, I would just prefer to be able to not feel the need to wear ear plugs when your beside me :-)

      ride safe……

  • twopointninethree

    I’m guessing the California state legislature are Buell fans.

  • zeke rigg

    i have a loud bike. however i refuse to ride my bike after dark or before my neighbors are up. the problems with this are what about 125′s and such? we need the extra few hp. that and racers will not willingly give up that extra boost. also i would like to differentiate between loud ,and my ears are bleeding loud. loud is a straight through fiberglass silencer. my ears bleeding is when there is no silencer. in short shut up idiots but not me.