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Tuesday, June 15, 2010

AB435 CHP wants to increase fines to $1,000

Received the following from ABATE of CA:
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!