BILL NUMBER: SB 435 AMENDED
BILL TEXT
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 relating to air pollution. An act
to amend Sections 27156 and 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. Air pollution: motorcycles.
Vehicles: pollution control devices.
(1) Existing law prohibits a person from operating or leaving
standing upon a highway, a motor vehicle, unless the vehicle is
equipped with the required pollution control device that is correctly
installed and in operating conditions. Existing law prohibits a
person from disconnecting, modifying, or altering those required
pollution control devices. Existing law prohibits a person from
installing, selling, offering for sale, or advertising a device,
apparatus, or mechanism intended for use with, or as a part of, the
required pollution control device or system that alters or modifies
the original device or performance of that device or system. A
violation of these provisions is an infraction punishable by a
specified fine.
This bill would revise the fine to be not less than $300.
(2) 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 does not have the
above label, and a violation of this provision is punishable by a
fine of not less than $300, thereby imposing a state mandated local
program by creating a new crime.
(3) 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.
Existing law establishes a motor vehicle inspection and
maintenance program (smog check), administered by the Department of
Consumer Affairs, that provides for the inspection of motor vehicles
upon registration, biennially upon renewal of registration, upon
transfer of ownership, and in certain other circumstances. Existing
law exempts from biennial inspection all motorcycles until the
department implements test procedures applicable to motorcycles.
Existing law also prohibits any person from disconnecting,
modifying, or altering a motor vehicle pollution control device,
including a catalytic converter on a motorcycle.
This bill would declare the Legislature's intent to enact
legislation to increase enforcement, including, but not limited to,
increasing penalties for tampering with pollution control devices on
motorcycles, with regard to all relevant anti-tampering laws that
apply to motorcycles.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
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 A person shall
not 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 A person shall not
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 A person
shall not disconnect, modify, or alter any such
required device.
(c) No A person shall not
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 A person shall not
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.
(k) A violation of subdivision (b) or (c) shall be punishable by a
fine of not more than three hundred dollars ($300), and no part of
the fine imposed may be suspended.
SEC. 2. Section 27202.1 is added to the
Vehicle Code , to read:
27202.1. (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, 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.
(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.
SEC. 3. Section 42001.14 of the Vehicle
Code is amended to read:
42001.14. (a) Every 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 as follows:
pursuant to subdivision (k) of Section 27156.
(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.
SEC. 4. 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.
SECTION 1. (a) Whereas subdivision (b) of
Section 27156 of the Vehicle Code specifically prohibits any person
from disconnecting, modifying, or altering any motor vehicle
pollution control device and "motor vehicle" as defined under
subdivision (a) of Section 415 includes a motorcycle that is required
to be equipped with a catalytic converter.
(b) Therefore, it is the intent of the Legislature to enact
legislation to increase enforcement, including, but not limited to,
increasing penalties for tampering with pollution control devices on
motorcycles, with regard to all relevant anti-tampering laws that
apply to motorcycles.