BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb 435
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: pavley
VERSION: 8/9/10
Analysis by: Jennifer Gress FISCAL: yes
Hearing date: August 23, 2010
SUBJECT:
Motorcycles: tampering with emission control equipment
DESCRIPTION:
This bill prohibits a person from parking, using, or operating a
motorcycle with a 2013 or newer model year that does not bear an
exhaust system label certifying that the motorcycle meets the
noise limits established by the United States Environmental
Protection Agency (EPA).
ANALYSIS:
The federal Noise Pollution Control Act of 1972 required the
United States EPA to adopt regulations to control noise of
products under its authority. The EPA adopted a regulation that
specifies maximum noise thresholds for motorcycles (80 decibels
for motorcycles with a 1986 or newer model year) and that
requires motorcycle manufacturers, including manufacturers of
original equipment and aftermarket components, to certify that
their equipment does not exceed those thresholds. The
manufacturer must affix to the equipment two permanent, readily
visible stamps or labels certifying that it meets EPA noise
standards.
Existing state law exempts motorcycles from the vehicle
inspection and maintenance program (i.e., smog check), which is
a program to ensure that vehicles meet specified emission
standards, including being equipped with proper air pollution
control equipment.
This bill :
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Prohibits a person from parking, using, or operating a
motorcycle with a 2013 or newer model year that does not bear
an exhaust system label certifying that the motorcycle meets
the noise limits established by the EPA.
Establishes the following penalties for a violation of this
law:
o For a first conviction, a fine of not less than $50 but
not greater than $100.
o For a second conviction, a fine of not less than $100
but not greater than $250.
Requires a person to whom the citation is issued to provide to
the court proof of correction. Upon providing proof of
correction satisfactory to the court, the court may dismiss
the penalty for a first conviction.
Provides that a law enforcement officer may not stop a
motorcycle solely on the suspicion that the motorcycle does
not have the proper label and that an officer may only cite a
violation as a secondary infraction.
Provides that any penalties imposed are in addition to
penalties imposed for a violation of any other law or
regulation.
COMMENTS:
1.Purpose . According to the author, this bill is needed because
current state and federal noise control statutes are rarely
and unevenly enforced in California. Federal regulations
(Title 40, Part 205, Subparts D and E of the Code of Federal
Regulations) promulgated under the authority granted by the
Noise pollution Control Act have required that all motorcycles
in the United States (original equipment and aftermarket
exhaust systems) must maintain two permanent, readily visible
stamps or labels, one on the chassis of the motorcycle and one
on the muffler, certifying that the equipment does not exceed
the maximum noise level prescribed by the EPA. Failure to
comply is currently punishable under the Federal Noise
Pollution Control Act, but because there is no "Federal Noise
Police," enforcement of these regulations has been lax.
The author further points out that the modifications that make
a motorcycle unreasonably loud often increase air pollution,
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as well. For example, the California Air Resources Board
estimates that removal of a catalytic converter increases the
motorcycle's emissions up to 10 times. Both the decreased
quality of life that California residents experience due to
loud motorcycles and the increased smog-forming pollutants
that are created by many modifications are problems that have
gone unaddressed and need a reasonable solution.
By requiring that these stamps be maintained on all
motorcycles in California going forward from 2013, this bill
gives state and local law enforcement the ability to write
citations for violations of the federal regulation and gives
aftermarket manufacturers who have been unaware of the federal
regulation due to lax federal enforcement time to develop
properly labeled equipment. The stamp is a simple, readily
visible indication of whether a motorcycle has been tampered
with and eliminates the need for specialized mechanical
knowledge in order to establish evidence of illegal tampering.
In this way, the bill will result in fair application of the
law for all vehicles on California's roadways.
The author argues that this bill is a fair, reasonable, and
equitable solution to the problem of noise and air pollution
caused by illegal tampering with motorcycle emissions
equipment. At least six cities throughout the United States
and one state (Oregon) have established laws that allow for
the enforcement of the federal regulation.
2.State noise limits for motorcycles . Existing state law
establishes noise limits that motorcycles may not exceed,
which are generally in conformance with the federal noise
limits. These limits are as follows:
For a motorcycle manufactured prior to 1970, the
motorcycle shall not exceed 92 decibels.
1970-1972 model-year motorcycles shall not exceed 88
decibels.
1973-1974 model-year motorcycles shall not exceed 86
decibels.
1975-1985 model-year motorcycles shall not exceed 83
decibels.
1986 model-year and newer motorcycles shall not exceed
80 decibels.
Law enforcement does not generally enforce these state limits,
however, because they do not possess instruments that measure
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noise and purchasing sound meters for each officer is
cost-prohibitive. In cases where law enforcement cites for
excessive noise, it cites for a failure to maintain an
adequate muffler.
1.Opponents' concerns . Opponents contend that citing owners of
motorcycles without the EPA label is unfair and may not
address excessive noise. Specifically, they argue:
The EPA labels are sometimes placed in areas on the
motorcycle that are not readily visible.
Manufacturers have not produced sufficient quantities of
stock or aftermarket exhaust system components that meet
the EPA standard to meet the demand for those components
that this bill would create.
The EPA label is simply a manufacturer's warranty that a
new motorcycle will not exceed the federal EPA noise
standard for one year or 3,720 miles, whichever comes
first. After this threshold has passed, there is no
guarantee that the motorcycle will continue to meet the
noise requirements.
The lack of an EPA label does not necessarily mean that
a motorcycle doesn't meet the noise requirements; some
manufacturers have simply chosen not to certify their
equipment with EPA.
Given these concerns, instead of relying on the EPA label to
enforce for excessive noise, opponents argue that the noise
level limitations and anti-tampering laws currently in effect
in California should be more widely enforced.
1.2013 model year . To address concerns that there may not be
sufficient stock or aftermarket parts available that bear the
EPA label, the bill applies the label requirement to
motorcycles with a 2013 or newer model-year. Applying the
requirement to these future motorcycles also gives
manufacturers time to change the location of the labels so
that they may be more readily visible.
1.29.10 hearing . The bill was passed by the Assembly and has
returned to the Senate for concurrence in Assembly amendments.
Because the current version of the bill is substantially
different than what this committee passed previously, the
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Rules Committee referred this bill under Senate Rule 29.10 for
a hearing on the Assembly amendments. At today's 29.10
hearing, the committee may not amend the bill further and may
only hold the bill or return the bill as approved by the
committee to the Senate Floor.
Assembly Votes:
Floor: 43-31
Appr: 11-5
Trans: 8-4
POSITIONS: (Communicated to the Committee before noon on
Friday,
August 20, 2010)
SUPPORT: American Lung Association
Bay Area Air Quality Management District
Breathe California
California Air Pollution Control Officers
Association
County of Los Angeles
Noise Off
Noise Pollution Clearinghouse
Sacramento Metropolitan Air Quality Management
District
San Joaquin Valley Air Pollution Control District
Bill Rosendahl, 11th District Councilmember, City
of Los Angeles
Salvatore LaMattina, 1st District Councilor, City
of Boston, MA
4 individuals
OPPOSED: ABATE California
Barger Harley-Davidson
Beaumont Motorcycles & Watercraft
Bellflower Motorsports
Bikers of Lesser Tolerance (BOLT)
BOLT of Massachusetts
BOLT of North Carolina
California Motorcycle Dealers Association
Cucamonga Yamaha
Harley-Davidson
LeBard & Underwood
Motorcycle Industry Council
Mountain Motorsports
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Quiet Warrior Racing