BILL NUMBER: SB 435 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 15, 2010
AMENDED IN ASSEMBLY JUNE 10, 2010
AMENDED IN ASSEMBLY JANUARY 11, 2010
AMENDED IN SENATE MAY 28, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Pavley
(Coauthor: Senator Lowenthal)
FEBRUARY 26, 2009
An act to amend Sections 27156 and Section
42001.14 of, and to add Section 27202.1 to, the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 435, as amended, Pavley. Vehicles: pollution control devices.
(1) Existing law prohibits a person from operating or leaving
standing upon a highway, a motor vehicle, unless the vehicle is
equipped with the required pollution control device that is correctly
installed and in operating conditions. Existing law prohibits a
person from disconnecting, modifying, or altering those required
pollution control devices. Existing law prohibits a person from
installing, selling, offering for sale, or advertising a device,
apparatus, or mechanism intended for use with, or as a part of, the
required pollution control device or system that alters or modifies
the original device or performance of that device or system. A
violation of these provisions is an infraction punishable by a
specified fine.
This bill would revise the fine to be not less than $300.
(2)
(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, 2000 , that does not have
the above label, and would make a violation of this
provision is punishable by a specified
fine of not less than $300 , 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 .
(3)
(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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27156 of the Vehicle Code is
amended to read:
27156. (a) A person shall not operate or leave standing upon a
highway a motor vehicle that is a gross polluter, as defined in
Section 39032.5 of the Health and Safety Code.
(b) A person shall not operate or leave standing upon a highway a
motor vehicle that is required to be equipped with a motor vehicle
pollution control device under Part 5 (commencing with Section 43000)
of Division 26 of the Health and Safety Code or any other certified
motor vehicle pollution control device required by any other state
law or any rule or regulation adopted pursuant to that law, or
required to be equipped with a motor vehicle pollution control device
pursuant to the National Emission Standards Act (42 U.S.C. Secs.
7521 to 7550, inclusive) and the standards and regulations adopted
pursuant to that federal act, unless the motor vehicle is equipped
with the required motor vehicle pollution control device that is
correctly installed and in operating condition. A person shall not
disconnect, modify, or alter any required device.
(c) A person shall not install, sell, offer for sale, or advertise
any device, apparatus, or mechanism intended for use with, or as a
part of, a required motor vehicle pollution control device or system
that alters or modifies the original design or performance of the
motor vehicle pollution control device or system.
(d) If the court finds that a person has willfully violated this
section, the court shall impose the maximum fine that may be imposed
in the case, and no part of the fine may be suspended.
(e) "Willfully," as used in this section, has the same meaning as
the meaning of that word prescribed in Section 7 of the Penal Code.
(f) A person shall not operate a vehicle after notice by a traffic
officer that the vehicle is not equipped with the required certified
motor vehicle pollution control device correctly installed in
operating condition, except as may be necessary to return the vehicle
to the residence or place of business of the owner or driver or to a
garage, until the vehicle has been properly equipped with such a
device.
(g) 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 or proof of exemption
pursuant to Section 4000.1 or 4000.2.
(h) This section shall not apply to an alteration, modification,
or modifying device, apparatus, or mechanism found by resolution of
the State Air Resources Board to do either of the following:
(1) Not to reduce the effectiveness of a required motor vehicle
pollution control device.
(2) To result in emissions from the modified or altered vehicle
that are at levels that comply with existing state or federal
standards for that model-year of the vehicle being modified or
converted.
(i) Aftermarket and performance parts with valid State Air
Resources Board Executive Orders may be sold and installed concurrent
with a motorcycle's transfer to an ultimate purchaser.
(j) This section applies to motor vehicles of the United States or
its agencies, to the extent authorized by federal law.
(k) A violation of subdivision (b) or (c) shall be punishable by a
fine of not more than three hundred dollars ($300), and no part of
the fine imposed may be suspended.
SEC. 2. SECTION 1. Section 27202.1
is added to the Vehicle Code, to read:
27202.1. (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.
(b) A violation of this section is punishable by a fine
of not more than three hundred dollars ($300), and no part of the
fine imposed may be suspended. pursuant to Section
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.
SEC. 3. 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 27156 shall 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.