Date: Wed, 16 Jun 2010 17:16:22 -0700 (Pacific Daylight Time)
>
> Subject: [ABATE] Re: Bill Update: SB 435 (Pavley) - DISCUSSION OF CHANGES
> >
> Very cool grab, Yve...thanks!>
>
> Pavley has CHANGED the following.....>
>
> ONLY FOR BIKES MANUFACTURED AFTER 2000..... (which isn't me...so I'm outta
> here! Hahaha...jus' kiddin')
>
> Secondary infraction - they can't pull you over for suspicion of no label.>
>
> 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
>
> 2000 , 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.>
>
> FINE HAS BEEN REDUCED.......
>
> (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. Pursuant to Section
>
> 42001.14.
>
> (c) 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.
>
> SHE'S ONLY AMENDING TWO SECTIONS NOW.....SHE REMOVED THE GROSS POLLUTER
> PORTION (27156)
>
> An act to amend Sections 27156 and Section
>
> 42001.14 of, and to add Section 27202.1 to, the Vehicle Code,
>
> Relating to vehicles.>
> $50-$100 FINE FIRST OFFENSE - $100-$250 FINE SUBSEQUENT OFFENSE - Money goes
> to AIR RESOURCES BOARD
>
> SEC. 2. Section 42001.14 of
>
> The Vehicle Code is amended to read:
>
> 42001.14. (a) A person convicted of an infraction for the offense
>
> Of disconnecting, modifying, or altering a required pollution
>
> Control device in violation of Section 27156 shall be
>
> Punished pursuant to subdivision (k) of Section 27156.
>
> Or of a violation of Section 27202.1 shall be punished 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, nor more than two hundred fifty dollars
>
> ($250).
>
> (B) (1) The fines collected under subdivision (a) shall be
>
> Allocated pursuant to subdivision (d) of Section 42001.2.
>
> (2) The amounts allocated pursuant to paragraph (1) to the air
>
> Pollution control district or air quality management district in
>
> Which the infraction occurred shall first be allocated to the State
>
> Air Resources Board and the Bureau of Automotive Repair to pay the
>
> Costs of the state board and the bureau under Article 8 (commencing
>
> With Section 44080) of Chapter 5 of Part 5 of Division 26 of the
>
> Health and Safety Code.
>
> (3) The funds collected under subdivision (a) which are not
>
> Required for purposes of paragraph (2) shall be used for the
>
> Enforcement of Section 27156 or for the implementation of Article 8
>
> (commencing with Section 44080) of Chapter 5 of Part 5 of Division 26
>
> Of the Health and Safety Code.
>
> SEC. 4. SEC. 3. 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.
>
