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Archive for October 7th, 2010

Gov. Arnold Schwarzenegger


Recently California Governor Arnold Schwarzenegger, signed SB 435 into law (without comment).

Sure, I’ve got an opinion.  I’ve got thoughts, but I decided not to write anything at the time because I just wasn’t in the correct mood.  Content is important, but feel is key.  How do the words flow together, I’m I overly biased, is the reader gripped?

All good questions, but back to the main point… SB 435 requires all street motorcycles built after 2012 to have EPA-labeled exhausts and includes rising penalties for noncompliance.  Interestingly is that ABATE took a neutral position on this bill.

Isn’t this how it always happens.  You’re having a grand old time, enjoying the moment and then someone announces their child peed in the shallow end of the pool as you watch everyone exit the water and wonder about the level of chlorination.

The fact is that laws which regulate the motorcycle aftermarket have been in place for many years and specifically on aftermarket exhausts, the Feds mandate (in the Code of Federal Regulations Part 86, Subparts E and F) that new on-road motorcycles are required to meet limits on specific chemical emissions and that all motorcycles built after 1985 meet a stationary noise limit of 80dB. Furthermore, under Section 203 of the Clean Air Act, it is illegal for any person to remove or bypass (“tamper” with) any piece of equipment that helps a vehicle meet the above standards. To eliminate confusion, manufacturers are required to use matching standardized labels on both the frame and exhaust of any motorcycle to meet these requirements.

It’s true that the aftermarket exhaust manufacturers are quite adept at including detailed disclaimers with their products as being “closed-course-only” use and clearly stating that installation would violate federal law. But, I’m not aware of any dealer in the northwest who has discontinued selling and/or installing aftermarket performance exhaust/parts.  It seems there is this entire segment of the motorcycle industry operating in a gray area of the law that now have their days numbered.

Harley-Davidson 2012 models will launch in 10 months (August 2011) and this new law does not bode well for riders across the country.  Why? Historically, California emissions laws developed by the California Air Resources Board tend to become federal law (for example: EPA New Emissions Standards).

Laughing photo courtesy of Mr. Schwazenegger.

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