OFF THE WIRE
Pavley's SB 435 would amend a couple of existing vehicle codes......what are
they???
AND....more troubling...has anyone figured out which GovernMental Entities
share the money from the FINE??
SB 435
An act to amend Sections 27156 and 42001.14 of, and to add Section 27202.1
to, the Vehicle Code, relating to vehicles.
California Vehicle Code Division 12 -
>
> Equipment of Vehicles Chapter 5.
>
> Other Equipment Article 2.5. Noise Limits
> MOTORCYCLE LIMITS
> 27202.
>
> For the purposes of Section 27200, the following noise limits shall apply to
> any motorcycle, other than a motor-driven cycle, manufactured:
>
> (1) After 1969, and before 1973 ............................................
> ......................................................88 dba
>
> (2) After 1972, and before 1975 ............................................
> ......................................................86 dba
>
> (3) After 1974, and before 1986 ............................................
> ......................................................83 dba
>
> (4) After 1985 .............................................................
> .....................................................................80 dba
> Amended Ch. 356, Stats. 1982. Effective January 1, 1983.
> California Vehicle Code Division 18 - Penalties and Disposition of Fees,
> Fines, and Forfeitures
>
> Chapter 1 Penalties
>
> Article 1. Public Offenses
> Disconnecting, Modifying, or Altering a Pollution Control Device
>
> 42001.14. (a) Every 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 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).
>
> (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.
>
> Added Ch. 972, Stats. 1992. Effective January 1, 1993.
> California Vehicle Code Division 12 - Equipment of Vehicles
>
> Chapter 5. Other equipment
>
> Article 2. Exhaust Systems>
>
> Gross Polluter: Air Pollution Control Device
>
> 27156. (a) No person shall operate or leave standing upon a highway a motor
> vehicle that is a gross polluter, as defined in Section 39032.5 of the
> Health and Safety Code.
>
> (B) No person shall operate or leave standing upon a highway a motor vehicle
> that is required to be equipped with a motor vehicle pollution control
> device under Part 5 (commencing with Section 43000) of Division 26 of the
> Health and Safety Code or any other certified motor vehicle pollution
> control device required by any other state law or any rule or regulation
> adopted pursuant to that law, or required to be equipped with a motor
> vehicle pollution control device pursuant to the National Emission Standards
> Act (42 U.S.C. 7521 to 7550, inclusive) and the standards and regulations
> adopted pursuant to that federal act, unless the motor vehicle is equipped
> with the required motor vehicle pollution control device that is correctly
> installed and in operating condition. No person shall disconnect, modify, or
> alter any such required device.
>
> (c) No person shall install, sell, offer for sale, or advertise any device,
> apparatus, or mechanism intended for use with, or as a part of, a required
> motor vehicle pollution control device or system that alters or modifies the
> original design or performance of the motor vehicle pollution control device
> or system.
>
> (d) If the court finds that a person has willfully violated this section,
> the court shall impose the maximum fine that may be imposed in the case, and
> no part of the fine may be suspended.
>
> (e) "Willfully," as used in this section, has the same meaning as the
meaning of that word prescribed in Section 7 of the Penal Code.
(f) No person shall operate a vehicle after notice by a traffic officer that
the vehicle is not equipped with the required certified motor vehicle
pollution control device correctly installed in operating condition, except
as may be necessary to return the vehicle to the residence or place of
business of the owner or driver or to a garage, until the vehicle has been
properly equipped with such a device.
(G) 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 or proof of exemption pursuant to Section 4000.1 or 4000.2
(h) This section shall not apply to an alteration, modification, or
modifying device, apparatus, or mechanism found by resolution of the State
Air Resources Board to do either of the following:
(1) Not to reduce the effectiveness of a required motor vehicle pollution
control device.
(2) To result in emissions from the modified or altered vehicle that are at
levels that comply with existing state or federal standards for that
model-year of the vehicle being modified or converted.
(i) Aftermarket and performance parts with valid State Air Resources Board
Executive Orders may be sold and installed concurrent with a motorcycle’s
transfer to an ultimate purchaser.
(j) This section applies to motor vehicles of the United States or its
agencies, to the extent authorized by federal law.
Amended Ch. 27, Stats. 1994. Effective March 30, 1994.
Amended Sec. 1, Ch. 325, Stats. 2007. Effective January 1, 2008.
What's the reason for all this....that's easy.......
pavley_new_red copy.jpg
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