BILL NUMBER: SB 435 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 22, 2010
AMENDED IN ASSEMBLY JUNE 15, 2010
AMENDED IN ASSEMBLY JUNE 10, 2010
AMENDED IN ASSEMBLY JANUARY 11, 2010
AMENDED IN SENATE MAY 28, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Pavley
(Coauthor: Senator Lowenthal)
FEBRUARY 26, 2009
An act to amend Section 42001.14 of, and to add
Section 27202.1 to , the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 435, as amended, Pavley. Vehicles: pollution control devices.
(1) Existing federal regulations require a motorcycle manufactured
on and after January 1, 1983, and exhaust emission systems for those
motorcycles, to meet specified noise emissions standards and require
that a label be affixed onto the motorcycle or exhaust emission
system indicating that the motorcycle or exhaust emission system
meets the noise emissions standards.
This bill would make it a crime for a person to park, use, or
operate a motorcycle, registered in the state , that is
manufactured on and after January 1, 2000
2011 or a motorcycle, registered in the state, with aftermarket
exhaust system equipment that is manufactured
on or after January 1, 2011 , that does not have the above
label, and would make a violation of this provision punishable by a
specified fine, thereby imposing a state mandated local program by
creating a new crime. The bill would require the person to whom a
notice to appear is issued, or against whom a complaint is filed, for
the above violation, to provide proof of correction.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27202.1 is added to the Vehicle Code, to read:
27202.1. (a) Notwithstanding any 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,
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.
(b) A violation of this section is punishable pursuant to Section
42001.14.
(b) A violation of this section is punishable 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).
(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.
(d) (1) This section is applicable to a person operating a
motorcycle that is manufactured on or after January 1, 2011 or a
motorcycle with aftermarket exhaust system equipment that is
manufactured on or after January 1, 2011.
(2) Penalties imposed pursuant to this section are in addition to
penalties imposed pursuant to any other applicable laws or
regulations.
(3) This section does not supersede, negate, or otherwise alter
any other applicable laws or regulations.
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 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. 3. SEC. 2. 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.