CaliDuc

This message pertains to folks in California.

Some of you may or may of not heard about changes to the California SB435 LAW changes concerning Loud Motorcycle Exhaust Pipes. Some of you may also of heard about certain dealers in California refusing to sell Termi' and other performance exhausts within the state of California due to fears about cops giving them $5000 fix it tickets.

It looks like the LAW comes into power on the 1st January 2013. However, from 1983 performance exhausts must have a DOT approved sticker ? For us folks in California that means a TERM' has to have a sticker !!!

I strongly recommend that if you have a performance exhaust then please get your understanding of the LAW straight as the 1199 Panigale with a term' is going to attract a lot of attention.

Source :

Here is the text of the law:
SB 435, 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, 2013, or a motorcycle, registered in the
state, with aftermarket exhaust system equipment that is manufactured
on or after January 1, 2013, 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. The bill would authorize
a court to dismiss the penalty imposed for a first violation if the
person produces proof of correction to the satisfaction of the court.
(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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
Page 1
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, 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 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) (1) 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.
(2) Upon producing proof of correction to the satisfaction of the
court, the court may dismiss the penalty imposed pursuant to
subdivision (b) for a first violation of this section.
(d) (1) This section is applicable to a person operating a
motorcycle that is manufactured on or after January 1, 2013, or a
motorcycle with aftermarket exhaust system equipment that is
manufactured on or after January 1, 2013.
(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. 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.

Gunny Fitz

Holy shit that sucks man! Wonder how much that ticket is going to be when they start using it as PC to pull you over? Enough to make you want to move outta CA? Nah.

Gulf Coast

I bought bike with dealer fitting Termi's in New Orleans and then promptly found I'm being transferred back to Ca - Tri valley area so we're nearly neighbors! - so does this apply to me bringing a bike into Ca or does it only apply to bikes sold in Ca?
PS - I haven't read the whole article so apologies if it makes it clear.

iiiofiv

Hmm. Looks like I need to upgrade my printer and get some stickers churned out!

But, fortunately, The Man can't pull you over just because he thinks your bike is too loud - he has to nab you for something else like speeding or failure to signal or splitting lanes too fast THEN nail you for your/our modded, unstickerfied pipes

But, this may be a money maker given all the exhaust modded bikes on the road.

Keep your stock pipes and cans - just in case.

And all you dagnabbin hooligans better keep your loud scoots out of Piedmont, Sausalito and Tiburon!

iiiofiv

If you are military - leave your license and registration in your home state! If you are here for more than (I think) 90 days, you're supposed to get your insurance for where the bike is operated - regardless if you are military or not.

If you are not military, you're screwed because you have to pay California sales tax on the purchase price in order to register it. I think if the vehicle is less than two years old it's original purchase price and value price if it is greater than two years old. YEP. You will end up paying sales tax twice if you are already registered outside CA. Check out http://www.dmv.ca.gov/portal/home/dmv.htm for more details.

Welcome and let us know when you get here. We'll start a NORCAL/SOCAL Panigale thread.

pb0781

*note that it says bike purchased after Jan. 1 2013, so if you have your bike now and already fitted your exhaust your good.

zaster

The Europeans had the (dis)pleasure of dealing with this issue for some time already.
CA seems to have raised their hand when it comes to be a proofing ground for more restrictive policies. I'm OK with that as long as you keep it there

Rhino

Western Australia is currently going through another motorcycle blitz.

This time, they're targeting loud exhausts.
Word is, they're testing to 96db, even though some bikes are delivered louder than that, the Pani is around 105.

But, state law can't overrule federal law, so I'll tell them to get fucked on that front.

But, what they CAN do, regardless of whether they're right or wrong, is issue you with an unroadworthy notice if they suspect (don't have to prove) that something is amiss.

We wish.

As part of this blitz (in West Aus), they're issuing (leaving) 'unroadworthy' certificates on bikes that aren't even moving/running, and the owner isn't even present!

The result of which, is time off work to get to the inspection centre which is only open during business hours and not on weekends, $100 for the inspection at the inspection centre, plus time to revert anything else that might be illegal, back to stock - like those snow plough fenders.
All within a week.
If you get caught riding your 'unroadworthy' bike in that time, they can impound your bike.

The politicians, and traffic cops here should die in a fire!
Fucking arseholes.

zaster

I feel for you mate. That's why I moved to the US....no regrets....motorcycle wise that is

Ross

CA has so many ridiculous laws.

AntiHero

I was wondering just how loud the Panigale was....105 seems about right. With stock exhaust it's far louder than my Leo Vince'd 675.

CaliDuc

I guess having a 1199 bike and being a LIFE Member of the California 1199 Foundation is kind of slightly ironic.

pedrin

I can't imagine them enforcing this law, they would have to get ride of 90% of the harleys and that is an American institution...

RiderGary

Loud Harley's are probably why they created this lame-ass law.

Rhino

If it makes my ears bleed when those twats with the straight through systems ride past, for all of about 3 seconds, how the hell do they sit on top of them and not feel like it's some form of torture? My ears would be ringing for weeks.

Phil

big time~!

Delta One

I think my bike has a sticker on the headstock (next to the VIN) that says it's tested to 104 Db. You guys not got one of those???

CaliDuc

Could you post a picture of your sticker and location please, thanks in advance.

Theefiveoh

That is funny! Are you LE or is someone in your family?

When reading the section, the things that stuck out the most to me were these two snippits:

"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."

"This section is applicable to a person operating a
motorcycle that is manufactured on or after January 1, 2013, or a
motorcycle with aftermarket exhaust system equipment that is
manufactured on or after January 1, 2013."

Like someone else already pointed out, cops are not supposed to pull you over solely for loud pipes, they have to pull you over for something else. The shitty part about it is you will get a ticket with two infractions on it instead of one if he/she were to pull you over just for loud pipes.

The second snippit means your motorcycle has to be manufactured after Jan 1, 2013, or your current bike is fitted with pipes that are manufactured after Jan 1, 2013.

So, basically, our 2012 and older bikes should be ok, BUT make sure to buy your pipes either before Jan 1, 2013 or make sure they were manufactured before that date when purchasing them. Your pipes are supposed to have some "label" affixed to them. Current federal law says our pipes are supposed to have "a label affixed onto the motorcycle or exhaust emission system indicating that the motorcycle or exhaust emission system
meets the noise emissions standards".

If you read CVC 23130(a)(2), it says your bike's exhaust isnt to exceed 86 dbA.

Basically, the state is making it damn near impossible to have an aftermarket exhaust. The bill that is taking effect in January sounds like it is reitterating current law, but making it more specific.

My advice, don't ride like a dick and don't be a dick to the cop if/when you get pulled over. 9 times out of 10 if you are respectful, honest, and aplogetic to the cop, he likely won't give you a ticket. Unless you get pulled over by CHP, then you're fucked.

CaliDuc

Hi Theefiveoh,

I very much agree with all your observations. As you state "If you read CVC 23130(a)(2), it says your bike's exhaust isnt to exceed 86 dbA", so that may be an issue for a Panigale with TERM' anywhere in California !!!

I am indeed a Life Member of the 1199 Foundation. I am aware that driving like a dick will almost certainly get one booted out the foundation.