BILL NUMBER: AB 829	CHAPTERED
	BILL TEXT

	CHAPTER  325
	FILED WITH SECRETARY OF STATE  OCTOBER 8, 2007
	APPROVED BY GOVERNOR  OCTOBER 8, 2007
	PASSED THE SENATE  SEPTEMBER 10, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2007
	AMENDED IN SENATE  SEPTEMBER 6, 2007
	AMENDED IN SENATE  JUNE 26, 2007
	AMENDED IN ASSEMBLY  APRIL 11, 2007

INTRODUCED BY   Assembly Member Duvall

                        FEBRUARY 22, 2007

   An act to amend Section 27156 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 829, Duvall. Vehicles: aftermarket parts: motorcycles: air
pollution.
   Vehicles in this state, with certain exceptions, are required to
be equipped with correctly installed, operational motor vehicle
pollution control devices or systems, with specified exceptions.
   This bill would allow aftermarket and performance parts to be sold
and installed on motorcycles, concurrent with a motorcycle's
transfer to an ultimate purchaser, where the parts have valid State
Air Resources Board Executive Orders.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 27156 of the Vehicle Code is amended to read:
   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. Secs.
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.