Input from motorcycle dealers and ABATE of California lobbyist Jim Lombardo seem to be having an effect.
ONLY FOR BIKES MANUFACTURED AFTER 2000.....
Secondary infraction - they can't pull you over for suspicion of no label.
A) Notwithstanding other law, a person shall not park,
Use, or operate a motorcycle, registered in the State of California,
And manufactured on and after January 1,1983
2000 , 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.
A) Notwithstanding other law, a person shall not park,
Use, or operate a motorcycle, registered in the State of California,
And manufactured on and after January 1,
2000 , 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.
FINE HAS BEEN REDUCED.......
(B) A violation of this section is punishable Of not more than three hundred dollars ($300), and no part of the
Fine imposed may be suspended.
42001.14.
(c) 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.
SHE'S ONLY AMENDING TWO SECTIONS NOW.....SHE REMOVED THE GROSS POLLUTER PORTION (27156)
An act to amend Sections 27156 and Section 42001.14 of, and to add Section 27202.1 to, the Vehicle Code,
Relating to vehicles.
Relating to vehicles.
$50-$100 FINE FIRST OFFENSE - $100-$250 FINE SUBSEQUENT OFFENSE - Money goes to AIR RESOURCES BOARD
SEC. 2. Section 42001.14 of
The Vehicle Code is amended to read:
42001.14. (a) A person convicted of an infraction for the offense
Of disconnecting, modifying, or altering a required pollution
Control device in violation of Section 27156shall be
Punished pursuant to subdivision (k) of Section 27156.
Or of a violation of Section 27202.1 shall be punished 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, nor more than two hundred fifty dollars
($250).
(B) (1) The fines collected under subdivision (a) shall be
Allocated pursuant to subdivision (d) of Section 42001.2.
(2) The amounts allocated pursuant to paragraph (1) to the air
Pollution control district or air quality management district in
Which the infraction occurred shall first be allocated to the State
Air Resources Board and the Bureau of Automotive Repair to pay the
Costs of the state board and the bureau under Article 8 (commencing
With Section 44080) of Chapter 5 of Part 5 of Division 26 of the
Health and Safety Code.
(3) The funds collected under subdivision (a) which are not
Required for purposes of paragraph (2) shall be used for the
Enforcement of Section 27156 or for the implementation of Article 8
(commencing with Section 44080) of Chapter 5 of Part 5 of Division 26
Of the Health and Safety Code.SEC. 4. SEC. 3. 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.
The Vehicle Code is amended to read:
42001.14. (a) A person convicted of an infraction for the offense
Of disconnecting, modifying, or altering a required pollution
Control device in violation of Section 27156
Punished pursuant to subdivision (k) of Section 27156.
(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, nor more than two hundred fifty dollars
($250).
(B) (1) The fines collected under subdivision (a) shall be
Allocated pursuant to subdivision (d) of Section 42001.2.
(2) The amounts allocated pursuant to paragraph (1) to the air
Pollution control district or air quality management district in
Which the infraction occurred shall first be allocated to the State
Air Resources Board and the Bureau of Automotive Repair to pay the
Costs of the state board and the bureau under Article 8 (commencing
With Section 44080) of Chapter 5 of Part 5 of Division 26 of the
Health and Safety Code.
(3) The funds collected under subdivision (a) which are not
Required for purposes of paragraph (2) shall be used for the
Enforcement of Section 27156 or for the implementation of Article 8
(commencing with Section 44080) of Chapter 5 of Part 5 of Division 26
Of the Health and Safety Code.
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.
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