California's SB-435

OFF THE WIRE
For Immediate Distribution:

On June 21st, 2010, the California Assembly Transportation Committee will hear the most unfriendly and anti-motorcycle piece of legislation proposed since the passage and imposition of the mandatory helmet law. ABATE of California has learned that SB-435, originally known as the Motorcycle Smog Check bill, is about to be amended by its author, State Senator Fran Pavley (D), Agoura Hills from a Smog Check bill into a Noise bill. Nearing the end of its status as a two-year bill, Senator Pavley has been frustrated in her attempts to burden the motorcycle owners of California with unwarranted and needless regulatory legislation for smog checks. Now she is pursuing a different direction still with the intention of singling out and punishing the motorcycle riders of California with a discriminatory, poorly crafted, and extremely unfair amended bill that targets a very small portion of the state’s motoring public.

According to Jim Lombardo, Legislative Director and Lobbyist for ABATE of California, “The fact that Pavley has chosen to drop any smog testing requirements, no roadside sound checks, and is simply using an existing 27 year-old EPA noise requirement with an increased fine, is a testament to the hard work that everyone did in defeating an unfair and ineffective smog check law.”

If SB-435 is allowed to pass through the Assembly Transportation Committee and move forward to passage in the legislature in its proposed amended form, it will wreak unimaginable harm to the state’s motorcycle owners and to the motorcycle industry at large in the State of California. The aftermarket muffler industry has been supplying replacements for California’s motorcyclists due to normal wear or damage for decades. However, if SB-435 with the proposed amendments is allowed to pass, California motorcycle owner/operators will be facing increased fines and penalties simply because of Senator Pavley’s insistence to enact discriminatory nuisance legislation whose design will create an unmanageable statute and one that will nevertheless create havoc for ALL of the riders in this state.

ABATE of California adamantly opposes the passage of SB-435 for the underlying fact that EPA muffler label stamps on mufflers are the equivalent of the tags on bed mattresses — they are manufacturers’ warranties. In this case, the labels mean that the muffler complies with the federal noise standard for new motorcycles for one year or 3,730 miles, whichever comes first. After that, due to wear and tear or damage, compliance with the noise standard no longer applies.

Under current law, if the mufflers are replaced with noise compliant ones, labels or not, and verified by peace officers, the citations are written off with a $25 court fee. This way, a proper correction to a violation is accomplished. The aftermarket muffler industry has supplied replacements due to wear and tear or damage for decades. For the tens of thousands of aftermarket catalytic mufflers that wear out, where does one get a replacement, if stock parts aren’t available, since CARB reportedly has approved only one aftermarket replacement, so far?

Not addressed by SB-435, but what happens to visitors from other states who are unlucky enough to be cited while operating a motorcycle in California but are compliant in their home state? The list of flaws could go on and on but the potential catastrophic nature of SB-435 to cause financial devastation to California’s motorcyclists, its aftermarket industry and the tourism industry are on a level with the damage caused by the recent earthquake in Haiti. If you ride a motorcycle in California, you need to be concerned with SB-435! In fact, you need to be more than concerned, you need to be vocal and active to preserve your rights to ride and be free, as an American and a resident of California that rides a motorcycle. Time is of the essence, so I am urging you all to call, write, email or fax your home district legislators, and call the Assembly Transportation Committee to voice your opposition to SB-435. If you live out of state, you can still help by calling or writing and letting the Assembly Transportation Committee members know you will not visit a state that has such an unfair and restrictive statute on the books.

Thank you all for your attention to this urgent request for help in killing SB-435. Please see the attachment for talking points and contact numbers.

Sincerely,

Anthony Jaime
Executive Director
ABATE of California