BILL ANALYSIS
SB 435
Page 1
Date of Hearing: June 28, 2010
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
SB 435 (Pavley) - As Amended: June 22, 2010
SENATE VOTE : Not relevant
SUBJECT : Motorcycle exhaust system federal noise labels
SUMMARY : Makes 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, 2011, that does not have a federal U.S.
Environmental Protection Agency (EPA) noise emission control
label. Specifically, this bill :
1)Requires that a registered motorcycle manufactured on and
after January 1, 2011, and operating within the state, have a
federal U.S. EPA noise emission label.
2)Establishes that a violation of the labeling requirement is a
mechanical violation and a peace officer is prohibited from
stopping a motorcycle solely on a suspicion of a violation of
this labeling requirement. Requires a peace officer to cite a
violation of this law as a secondary infraction.
3)Requires that a person issued a notice to appear or to whom a
complaint is filed, to produce a proof of correction.
4)Establishes a violation of this law as punishable by the same
fine that is currently established pursuant to the equipment
anti-tampering law.
EXISTING LAW :
1)Known as California's anti-tampering law, prohibits the
installation, sale, offer for sale, or advertisement of any
device, apparatus, or mechanism intended for use with, or as a
part of, any 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.
2)Subsequent to the purchase of a motor vehicle (including a
motorcycle), establishes an exemption by the California Air
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Resources Board (ARB) if an alteration, modification, or
modifying device, apparatus, or mechanism does either of the
following:
a) Not to reduce the effectiveness of the required motor
vehicle pollution control device; or,
b) 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.
3)Requires a motorcycle to have equipped at all times an
adequate muffler in constant operation and properly maintained
to prevent any excessive or unusual noise. Prohibits a person
from modifying the exhaust system of a motor vehicle in a
manner which will amplify or increase the noise emitted by the
motor of the vehicle that exceeds the noise limits or
otherwise makes the motorcycle noncompliant.
4)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.
FISCAL EFFECT : Unknown
COMMENTS : According to this bill's author, "federal regulations
promulgated under the Noise Pollution Control Act have required,
since 1983, that all motorcycles in the United States (original
equipment and aftermarket replacement exhaust systems) must
maintain two permanent, readily visible EPA stamps, one on the
chassis of the motorcycle and one on the muffler, certifying
that the equipment meets or exceeds the maximum noise levels
prescribed by the federal government. Failure to comply is
currently punishable under the Act, but since there is no
"Federal Noise Police," enforcement of these regulations has
been lax. This bill, by requiring in the California Vehicle
Code that these stamps be maintained on all motorcycles in
California going forward from 2011, gives state and local law
enforcement the ability to write citations for violations of the
federal regulation? This is needed because current noise
control statutes are rarely and unevenly applied throughout the
state, and this will give law enforcement a uniform tool by
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which they can cite motorcycles for illegally tampering with
their emissions equipment in order to increase noise. Any such
citation will have a base fine of $50-$100 that can be dismissed
upon proof of correction, and will be citable as a secondary
infraction. Additionally, since enforcement of federal
regulations against after market manufacturers has been lax over
the last 25 years, this bill will be proscriptive, starting in
January 2011 so as not to unfairly penalize riders who may have,
through no fault of their own, purchased technically illegal
equipment since 1983."
U.S. EPA regulation enforcement : In the past, the EPA
coordinated all federal noise control activities through its
Office of Noise Abatement and Control. However, in 1981, the
Administration at that time concluded that noise issues were
best handled at the state or local government level. As a
result, the EPA phased out the office's funding in 1982 as part
of a shift in federal noise control policy to transfer the
primary responsibility of regulating noise to state and local
governments. However, the Noise Control Act of 1972 and the
Quiet Communities Act of 1978 were not rescinded by Congress and
remain in effect today, although essentially unfunded.
Accordingly, leaving enforcement up to the states and local
governments without any federal financial assistance resulted in
sporadic enforcement of these laws nationwide.
Availability of parts and effective date : The availability of
aftermarket replacement exhaust mufflers from 1990 to 2000 and
newer was difficult to determine with any amount of reliability.
For the most part, it appeared that replacement equipment that
is compliant with the federal noise labeling regulations, likely
due to the lack of federal oversight and enforcement, was not
consistently available upon questioning of workers at motorcycle
part stores. Accordingly, it was determined that it would be
unfair and impracticable upon owners of older year motorcycles
to require older year models to operate with federally noise
compliant exhaust systems. Taking a reasonable, modest, and
proscriptive approach, this bill's requirements will be imposed
upon motorcycles beginning with 2011 and thereafter.
Support : Writing in support of this bill and as its sponsor,
the American Lung Association in California indicates that the
bill "would increase enforcement of current anti-tampering and
noise-level statutes for motorcycles, and ensure that
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motorcycles on California roads operate with approved emission
control systems. Failure to properly display a label indicating
compliance with federal regulations would require the operator
to take the necessary action to obtain the appropriate exhaust
system and label?While this bill is focused on federal noise
requirements, tampering with exhaust systems has serious air
quality and public health implications. The ARB has reported
that the average motorcycle with a tampered exhaust system emits
several times more smog-forming emissions than a non-tampered
motorcycle and up to 10 times more for certain types of
motorcycles and modifications."
BUB Enterprises, also in support of the bill, indicates that
their company manufactures exhaust products to fit Harley
Davidson as well as Metric cruiser motorcycles. They started
manufacturing noise and tailpipe emission compliant systems in
late 2005. The company is the first aftermarket manufacturer to
receive California executive order numbers from the ARB for
exhaust emission parts containing catalytic converters. They
contend that "This measure is a modest and reasonable solution
to the lack of enforcement of federal and California statutes."
Opposition : Writing in opposition to the bill (Note: Letter
received prior to June 22, 2010 amendment), ABATE contends that
the bill "is a nuisance issue, having no impact on motorcyclist
or non-rider safety. It is a nuisance caused by a small
minority of motorcycle riders and there are existing laws, some
on the books for over 40 years, to cite and sanction operators
of excessively loud motorcycles, whether from worn out or
damaged exhaust systems or modified parts. Here are our
opposition points:
1)Existing California Vehicle Code Sections 27150 and 27151 are
already routinely used to cite motorcyclists with excessively
loud mufflers.
2)Enacting the federal label matching requirements adds nothing
to those laws that are already in effect. This will be a
redundant, overlapping statute that does little or nothing to
solve the problem.
3)The U.S. EPA noise labels on motorcycle mufflers are nothing
more than a manufacturer's self-certification warranty that
the mufflers will be noise compliant for a period of one year
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or 3,730 miles, whichever comes first. After that, from wear
or tear or damage, they may no longer be noise compliant, so
that doesn't solve the excessive noise problem. Think of them
as the function that a mattress tag serves - certification
that the mattress meets federal standards at point of sale.
There are no restrictions against an end user, or any one
else, removing them at some later date. In fact, many new
motorcycles' muffler stampings are there, but legally obscured
by heat shields, covers and accessories. How can they be
cited, when these labels were never primarily designed to be
an enforcement tool?
4)Noise laws from all sources, like autos with noisy boom boxes
or mufflers, loud house parties and construction equipment
need to be enforced, not just targeting motorcycles for
subjective and discriminatory prosecution.
5)Some motorcycle riders buy replacement mufflers that may, or
may not, comply with the EPA noise standard because stock
parts may no longer be available from the manufacturers after
several years. It will be unfair to subject them to a
label-matching requirement especially if they have bought
their motorcycle, used, from another party that installed
those parts.
6)What option does an owner have if their muffler wears out or
is damaged if stock parts are no longer available from their
dealer or manufacturer? This is especially critical for
aftermarket catalytic converter motorcycle mufflers. There are
currently few, if any, aftermarket mufflers available because
ARB only passed a regulation for their certification less than
a year ago.
Suggested amendment : The committee suggests that, consistent
with other equipment initial violations, the bill be amended to
allow a first-time offender to receive a "fix it" ticket, and
not be subject to punitive monetary penalties.
REGISTERED SUPPORT / OPPOSITION :
Support
American Lung Association in California (sponsor)
Bay Area Air Quality Management District
Boston City Councilor Sal Lamattina
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Breathe California
BUB Enterprises, Inc.
Los Angeles City Councilmember Bill Rosendahl
Los Angeles County
Los Angeles County Sheriff Lee Baca
NoiseOff.org
Noise Pollution Clearinghouse
Sacramento Metropolitan Air Quality Management District
San Joaquin Valley Air Pollution Control District
Town of Windsor
West Hollywood
Letters from two individuals
Opposition
ABATE - American Brotherhood Aimed Towards Education - A Union
of Motorcyclists
ABATE Local 1
B & B Cycles
Barger Harley-Davidson
Bellflower Motorsports Employees
Beaumont Motorcycles & Watercraft
California Motorcycle Dealers Association
Cucamonga Yamaha
Harley-Davidson San Jose
LeBard & Underwood, Inc.
Livermore Harley-Davidson
Michael's Harley-Davidson, Inc.
Mountain Motorsports
Northern California Harley-Davidson Dealer's Association
Southern California Harley-Davidson Motorcycle Dealers
Association
Petition signatures of individuals 36,661 (received prior to
June 22, 2010 amendments)
Numerous letters (over 90 individuals received prior to June 22,
2010 amendments)
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093