State Bill Would Ban Aftermarket Exhaust

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FJRBluesman

Some call me... The STIG!
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You knew it was coming. California wants to start smogging motorcycles soon, and now this is on the Governators desk waiting for his signature.

California Motorcycle bill on aftermarket exhaust systems, from the Orange County Register.

Published: Sept. 21, 2010

Updated: 3:38 p.m.

Law would crack down on roaring motorcycles

By ALEJANDRA MOLINA

THE ORANGE COUNTY REGISTER

Customizing their Harley-Davidsons is a way to make their rides unique, Tom Scott and his biking buddies say. It's not necessarily about whose exhaust system is the loudest.

 

"Motorcycles, especially Harley-Davidson's, are a piece of jewelry and everyone likes theirs to look a little different," said Scott, who 45 years ago opened Harley-Davidson of Anaheim-Fullerton. "I'm a dealer and I hate that noise."

 

"As the popularity of motorcycles increases, loud pipes become offensive to the general public out there," Scott added.

 

The roaring motorcycles — primarily Harleys — have led to a bill that would target motorcyclists who remove factory-installed emission control devices mandated by the federal government and replace them with custom, aftermarket parts that often make their bikes louder and more polluting.

 

SB 435 had been approved by the state legislature and now is sitting on the Gov. Arnold Schwarzenegger's desk. The Harley-riding governor has until Sept. 30 to sign the bill into law or veto it.

 

If the governor puts his stamp of approval on the measure, motorcyclists would be required to post a visible, unaltered Environment Protection Agency stamp to confirm the exhaust system is clean burning and does not exceed 80 decibels – about the same noise level as a vacuum cleaner. The stamp would only be required for motorcycles and aftermarket parts made after 2013.

 

"The noise caused by illegally modified motorcycle exhaust systems is a major quality of life issue across the state," said state Sen. Fran Pavley, a Democrat from Agoura Hills. "Basic common sense and decency dictates that when a motorcycle drives by and sets off every car alarm on the street, that is too loud."

 

First-time offenders would be fined up to $100; tickets could be voided if the owners bring their bikes back into compliance. Subsequent infractions would be subject to fines of $100 to $250.

 

Citations would only be issued if a rider is stopped for some other violation.

 

 

A common complaint

 

 

In Huntington Beach, residents often complain about loud motorcycles, said Lt. Russell Reinhart with the Huntington Beach Police Department.

 

"There is not a tracking system for me to tell you how often we receive that specific complaint," Reinhart said.

 

The majority of the complaints come from residential neighborhoods and most often from the downtown residential neighborhoods, Reinhart said. Another common complaint is from the outside dining areas on Main Street.

 

Police officers actively enforce existing noise laws regarding defective and modified exhaust systems, Reinhart said. Officers have also enforced motorcycle equipment and safety violations by patrolling areas frequented by motorcyclists and where crashes occur.

 

CHP officer Denise Quesada said when they do receive noise complaints, it typically happens when motorcyclists ride in groups on roads like Ortega and Pacific Coast highways.

 

At the Harley-Davidson dealership in Fullerton, all new motorcycles are noise compliant, Scott said. Aftermarket parts can hike the noise level as high as the rider wants, he said.

 

"As far as the newer motorcycles, in the last 10 years of production, 90 percent would comply very closely with the sound regulations as it is today," Scott said. "It's that small percentage of people that drive this type of legislation."

 

 

Pollution fighter

 

 

SB 435 started out as a pollution-fighting measure but has morphed into a bill that targets noise.

 

Last year, motorcyclists helped defeat a bill that mandated smog inspections every two years.

 

Through that measure, Pavley tried to close a loophole in state law that exempts motorcycles from pollution standards. Now, if SB 435 is signed into law, it will make the state's 826,000 registered motorcycles owners meet air pollution requirements as well as noise standards.

 

"It's already illegal to modify the pipe to make your bike louder," Pavley said. "So this is not a new law; it's an enforcement of an existing law."

 

Officials with the California Motorcycle Dealers Association oppose the measure, saying there are plenty of laws to cite owners of motorcycles that may be too loud, for mufflers that have been modified, or that are in need of repair.

 

"All that law enforcement officers need to do is enforce the statutes that exist today, in California's vehicle code," officials wrote in the dealer's newsletter.

 
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As far as I know, right now Arizona is the only state in the nation that does smog testing on motorcycles. It's a pain in the ass.

However we may not have that distinction much longer - AZ has passed a bill exempting motorcycles from testing but needs to get approval from the EPA first. CLICKY. We can only hope. Looks like the People's Republik is heading down that slippery slope.

As for noise regs, I am all for them. The problem is how to implement consistent enforcement.

 
Can't come soon enough for me -- there's no benefit (performance-wise or safety-wise) to loud exhaust; they're just anti-social. Problem is: when the last resort is a legislative one, those who write the legislation (and are, usually, poorly connected to the issue) most often get reactionary and go way overboard (like: regular safety and emission checks, too).

We can blame our 'pirate' brothers for this and all their straight-piped cruisers. Also with 'blood on their hands' are the after-market manufacturers like Muzzy and Vance & Hines who sell noise for money.

I think many people (including me) have had enough... :angry:

 
Was taking the MIL home the other day after an extended stay at our house. She is a non-stop gabber, usually pretty interesting but I'd heard all this a few times during her stay. We came up on a Harley with straight pipes and obviously no baffles.

Conversation became impossible, even for Mom. I was torn between running him off the road and hugging him.

I did neither but the run off was winning as we motored by him. Cali law won't help me where I live but I was sure hoping to see him pulled over for a noise violation which we do have already.

How the new law is expected to help when the exisitng ones aren't enforced seems to be lost on legislators looking to be recognized as taking action.

 
This bill keeps rearing it's ugly head and as Blue said, it's on the Govs desk now. The best thing we can all do is contact his office and voice our displeasure with motorcycles being singled out over cages. His phone number is 916-445-2841 and it only takes a minute. Inaction is blind compliance.

Action Alert
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UPDATE: California Senate Bill 435 (motorcycle exhaust) is on the Governor's desk

Contact the Governor today! On August 30, 2010, the California Senate passed SB 435 by a vote of 21-16 and is on Governor Arnold Schwarzenegger's desk. Despite state Senator Fran Pavley's (D-CA-23) claims, the bill will do little to address excessive sound or reduce emissions, and is still unfairly targeting motorcycle owners.

In a letter, dated August 5, 2010, the American Motorcyclist Association (AMA) sent a letter to Governor Schwarzenegger urging him to veto SB 435. To view the governor's reply, click here. In response to the Senate's passage of SB 435, the AMA sent a follow-up letter, dated August 31, 2010, to the governor, continuing to urge a veto.

As written, SB 435 is not practical in a real world traffic stop situation due to the inconsistent location of the federal label, making it difficult for law enforcement to locate. These labels can be positioned on different locations depending on the type of exhaust and/or style of the motorcycle. This will result in improper and unwarranted citations.

Furthermore, after-market exhaust systems are not always louder than stock systems and can be installed for a variety of legitimate reasons. Stock exhaust can wear out over time, be damaged, unavailable or prohibitively expensive. If signed into law, motorcyclists, and motorcyclists alone, will be forced to purchase Original Equipment Manufacturer (OEM) parts, while automobile drivers will continue to be allowed to install exhaust components from non-OEM sources.

This bill is discriminatory and punitive. It will serve only to drive up the cost of ownership for every rider while doing little or nothing to actually address the issue of excessive motorcycle sound. Please contact the Governor's office today and request a veto of this unfair legislation.

The fastest way to reach the Governor is to call, (916) 445-2841. You can also send a pre-written message immediately by following the "Take Action" option and entering your information. The AMA encourages riders to personalize their message.

To view an AMA press release on SB 435, click here.

For those who want to do more, please utilize AMA tips and tools available at on our website at AmericanMotorcyclist.com > Rights > Get Involved, or for direct access, click here. If you are on Facebook, become a fan of the AMA at Facebook.com/AmericanMotorcyclist.

Please write or call the governor today and urge him to veto SB 435. Thank you for your active participation and efforts to encourage your friends and family to do the same.

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Arnold Schwarzenegger (R-CA), Governor Delivery Method:

Email Printed LetterSubject:

Please veto Senate Bill 435 Editable text:(edit or add your own text - 8544 characters left) As a constituent and concerned responsible motorcyclist, I urge you to veto Senate Bill 435, introduced by state Senator Fran Pavley. I understand the American Motorcyclists Association (AMA) also urges you to veto this bill because it will require all motorcyclists operating within the state of California and manufactured on or after January 1, 2013, to be equipped with a federally-labeled conforming exhaust system.As you know, you have until September 30, 2010, to sign or veto proposed bills.As written, Senate Bill 435 is not practical in a real world traffic stop situation due to the inconsistent location of the federal label, making it difficult for law enforcement to locate. These labels can be positioned on different locations depending on the type of exhaust and/or style of the motorcycle. This will result in improper and unwarranted citations.Furthermore, after-market exhaust systems are not always louder than stock systems and can be installed for a variety of legitimate reasons. Stock exhaust can wear out over time, be damaged, unavailable or prohibitively expensive. If signed into law, motorcyclists, and motorcyclists alone, will be forced to purchase Original Equipment Manufacturer (OEM) parts, while automobile drivers will continue to be allowed to install exhaust components from non-OEM sources.Again, please veto Senate Bill 435. Thank you for your time and consideration of this important request.

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Seems like the problem is too much noise and not a smog issue. California should fix the existing law which is vague and hard to enforce. It states:

27151(a) VC states in essence no person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle is not in compliance with the provisions of Section 27150 VC.

27150 VC states in essence that your vehicle needs to be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise.

27200 VC states in essence that the DMV can not register a new motor vehicle if it does not meet the noise testing procedures established by the California Highway Patrol. It only talks about new motor vehicles.

27206 VC sets the noise limits for when a vehicle was manufactured:

1. After 1967, and before 1973 86 dbA

2. After 1972, and before 1975 84 dbA

3. After 1974 80 dbA

To enforce the law an officer must first demonstrate what the original noise level for the vehicle was and then show that the modified exhaust increases that noise level. Most agencies do not have a decibel meter so it must be done with your ear. This is a problem in court. Most judges will not take the word of an officer when he or she testifies that the pirate was running straight pipes and was acting in true *** style by blipping the throttle every chance he had. And you can’t show the judge the episode of South Park that tells the whole story. When the officer is asked by the judge what the noise level was he or she must just say that it was very loud. So it just does not get enforced. It would be easier to just say something simple like no vehicle may produce a exhaust noise greater than let's say 90 decibels when standing 10 feet behind said vehicle, on an asphalt roadway, in an open area. Give the cop a decibel meter and let them fix the problem without creating more useless legislation that will not fix the problem. Government just can’t keep it simple. :dribble:

 
I have been fighting this for months. Sending letters to my representatives here in California every month. I am sadden that some comments here indicate that it is okay to take more and more freedoms of choice away. Loud exhaust is not that bad here and I ride at least 100 miles a day 7 days a week. Some bikes are a little loud but almost everyday I have someone in a cage try and take me out by not looking when changing lanes. I want louder pipes.

 
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I have been fighting this for months. Sending letters to my representatives here in California every month. I am sadden that some comments here indicate that it is okay to take more and more freedoms of choice away. Loud exhaust is not that bad here and I ride at least 100 miles a day 7 days a week. Some bikes are a little loud but almost everyday I have someone in a cage try and take me out by not looking when changing lanes. I want louder pipes.
I ******* hate the straight pipe cruiser crowd. I ******* hate really loud pipes. They are obnoxious and piss everybody around them off - except for the ******* riding the bike who thinks he's O so cool.

******* ****. Retarded ****.

 
I have been fighting this for months. Sending letters to my representatives here in California every month. I am sadden that some comments here indicate that it is okay to take more and more freedoms of choice away. Loud exhaust is not that bad here and I ride at least 100 miles a day 7 days a week. Some bikes are a little loud but almost everyday I have someone in a cage try and take me out by not looking when changing lanes. I want louder pipes.
I ******* hate the straight pipe cruiser crowd. I ******* hate really loud pipes. They are obnoxious and piss everybody around them off - except for the ******* riding the bike who thinks he's O so cool.

******* ****. Retarded ****.
Ouch, that hurt.

 
As far as I know, right now Arizona is the only state in the nation that does smog testing on motorcycles. It's a pain in the ass.

However we may not have that distinction much longer - AZ has passed a bill exempting motorcycles from testing but needs to get approval from the EPA first. CLICKY. We can only hope. Looks like the People's Republik is heading down that slippery slope.

As for noise regs, I am all for them. The problem is how to implement consistent enforcement.
Allow me to rephrase this statement: Maricopa County, AZ has smog testing. Mohave county, AZ does not & has good clean air! Breathe Deep!

Too many Californians have migrated to Maricopa county and brought their [M/C] "laws" with them!

And as far as Kalifornia; WTF......? Is there anything that is NOT illegal? It's not all about noise, but rather having a thumb over the top of us ready to squish! Like it or not, motorcycles have always created more noise than cars, why the sudden interests after all these years!

 
Oh man the dude up the street is gonna be PO'ed now. He just sawed off his m 90 (or whatever it is) exhaust and bolted on basically straight pipes. That is gonna be one expensive R&R right there.

The guy down the street has 5 harley's and not a one of them in compliance with stock pipes. Man oh man, PAHLEEEEESE sign this thing. Shame of it, doesn't apply till 2013.

 
I have been fighting this for months. Sending letters to my representatives here in California every month. I am sadden that some comments here indicate that it is okay to take more and more freedoms of choice away. Loud exhaust is not that bad here and I ride at least 100 miles a day 7 days a week. Some bikes are a little loud but almost everyday I have someone in a cage try and take me out by not looking when changing lanes. I want louder pipes.
I ******* hate the straight pipe cruiser crowd. I ******* hate really loud pipes. They are obnoxious and piss everybody around them off - except for the ******* riding the bike who thinks he's O so cool.******* ****. Retarded ****.
I wonder if Bust hacked into SkooterG's account?
Let me try and translate for SkooterG like I do Bust.

I really dislike loud pipes. They are unpleasant and disturb others, except for the silly rider with the pipes that thinks he's special. Silly cigarettes. Slow cigarettes. :D

 
Just remember....the dudes with the real loud pipes only ride on Sundays between 8 and 10am for breakfast runs and from 2 to 5 pm on the way to the bar. It is only a few miles each way. The rest of the time the bike is in the garage covered up. My 3 cents.

 
While I hate loud pipes I also hate letting the pinheads pass laws restricting freedom. What they need to do is NOT make a law against loud pipes, but make an exception to the laws of assault and battery or destruction of property, so that a normal citizen can punch someone in the face or kick their bike over it it's obnoxiously loud, without fear of being charged. Then, we could police ourselves. ;)

 
Thing that bothers me about this proposed law is the shotgun approach, when a dart would do. You want to target specific offenders, but you cast a big wide net to force everybody to prove compliance. Yes, it only affects bikes not even made yet, but 2013 is coming and most of us (here) will eventually be affected. Plus it seems to me like a backdoor approach to what they really want: including motorcycles in the mandatory vehicle inspection program.

By the way, ALREADY in California law is a provision about maximum noise levels. I won't bother to quote it all--parts of it are included several places in the Vehicle Code, but depending on the year of manufacture, the most allowed is 92 db measured 50 feet behind the bike. Since they don't enforce it now and people are still complaining, they throw another law at the problem. Cops know when a bike is excessively loud. They could stop and test the obvious offenders, and ticket accordingly. No need for a whole new requirement for ALL riders to comply with.

 
Seems like the problem is too much noise and not a smog issue. California should fix the existing law which is vague and hard to enforce. It states:

27151(a) VC states in essence no person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle is not in compliance with the provisions of Section 27150 VC.

27150 VC states in essence that your vehicle needs to be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise.

27200 VC states in essence that the DMV can not register a new motor vehicle if it does not meet the noise testing procedures established by the California Highway Patrol. It only talks about new motor vehicles.

27206 VC sets the noise limits for when a vehicle was manufactured:

1. After 1967, and before 1973 86 dbA

2. After 1972, and before 1975 84 dbA

3. After 1974 80 dbA

To enforce the law an officer must first demonstrate what the original noise level for the vehicle was and then show that the modified exhaust increases that noise level. Most agencies do not have a decibel meter so it must be done with your ear. This is a problem in court. Most judges will not take the word of an officer when he or she testifies that the pirate was running straight pipes and was acting in true *** style by blipping the throttle every chance he had. And you can’t show the judge the episode of South Park that tells the whole story. When the officer is asked by the judge what the noise level was he or she must just say that it was very loud. So it just does not get enforced. It would be easier to just say something simple like no vehicle may produce a exhaust noise greater than let's say 90 decibels when standing 10 feet behind said vehicle, on an asphalt roadway, in an open area. Give the cop a decibel meter and let them fix the problem without creating more useless legislation that will not fix the problem. Government just can’t keep it simple. :dribble:

Yeah I beat this once. Basically this is when you MODIFY the exhuast to INTENTIONALLY make it louder. Such as drilling out the mufflers, putting dumps on your exhaust etc, again INTENTIONALLY. There is a lot more to the laws. Used to carry them in mustang.

 
While I hate loud pipes I also hate letting the pinheads pass laws restricting freedom. What they need to do is NOT make a law against loud pipes, but make an exception to the laws of assault and battery or destruction of property, so that a normal citizen can punch someone in the face or kick their bike over it it's obnoxiously loud, without fear of being charged. Then, we could police ourselves. ;)
Whoa whoa whoa whoa. DOOOODE Stop it! Your injecting LOGIC, accountability, individual freedom, and reality into the California state of mind. YOU CANT DO THAT!!! We have RIGHTS YOU KNOW ;)

But fookn' A, I'd be up for it.

Reminds me a bit of the Southpark episode: "The F word"

 
Up here is French-speaking Kanuckistan modifying exhausts has been illegal for years. AND they have noise limits as well. Doesn't seem to stop anyone from running straight pipes - so what makes anyone believe that the new law in Kalipornia will be any different?

Even changing your headlight bulb to a high wattage one is illegal. And that's everywhere in North America. No one ever seems to get a ticket for it.

So why worry?

 
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