California Senate Bill 435 (Pavley, 23rd District, D) has been modified yet again. Despite repeated failure to garner support for past versions, Senator Pavley continues to unfairly target motorcycle owners. The latest version of the bill (as of 6/22/2010) would require stock/OEM exhaust systems on all motorcycles constructed on or after January 1, 2011, and mandates a "fix it" ticket for any owner who is found to be in violation. Riders throughout the state have already been contacting their legislators and letting them know that this is still simply unfair. While much improved the bill would still result in unwarranted ticketing of bikes that were in fact legal to operate simply because the stamp could not be located (there is no requirement specifying a location of the stamp when manufactured). Furthermore, the lack of a labeled exhaust system does not mean a motorcycle is out of compliance with the federal law. Recently two New York City motorcyclists visited a number of motorcycle dealerships to determine if the required label on stock motorcycles was readily visible as specified in the U.S. Code of Federal Regulations (40CFR,parts 205, subparts D & E). They conducted a visual survey on seventy-six (76) from the factory (stock) motorcycles from eight (8) different OEMs (Original Equipment Manufacturers). Their findings showed that: 1) Thirty-two (32) had readily visible EPA stamps. 2) Forty-four (44) machines had labels that were extremely difficult to find under the best of conditions. This includes twenty-six (26) machines that had labels not visible without physically dismantling or removing part of the motorcycle. It should be emphasized that these motorcycles were indoors, clean, and quite easily inspected. It is highly unlikely those tasked with enforcement of Senate Bill 435, if it became law, would experience such ideal conditions in the field. Road film and dirt will quickly obscure any label on an exhaust system, something that makes a visual inspection and verification even more difficult or impossible. Simply put, it is unfair to expect a motorcycle owner to display a ‘readily visible' label if one is not delivered that way from the factory. Many EPA stamps are very difficult to locate on new motorcycles. It is unreasonable to expect a motorcycle owner to partially dismantle their motorcycle on the side of the road to prove the exhaust system is labeled. | 
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