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On June 28, 2010, SB-435 passed out of the Assembly Transportation Committee. Quite simply, ABATE of California did not have the votes to kill a heavily amended SB-435 in the Assembly Transportation Committee. The final vote was 8 to 4. Regardless, SB-435 as a "smog bill" is dead, and has been since it passed out of the Senate. Unfortunately, less than a month before the bill was to be heard, Senator Fran Pavley amended SB-435 into an EPA noise label match-up bill. Even with a limited amount of time, ABATE of California was able to effectively remove the most unfriendly and anti-motorcycle language from the bill.
The major concession we were able to achieve was that all motorcycles currently on the road will be grandfathered in (the imposition of SB-435 was originally set for 2011, but after John Paliwoda's testimony, the ATC appeared willing to move it back to 2012). Additional concessions are that . . .
- It will be a fix-it ticket instead of a moving violation with a point on the motorcyclist's driving record; and,
- the fine has been reduced from $300 down to $25; it is a secondary violation and one must be stopped for another infraction for law enforcement to check pipes; and,
- there will be no roadside sound checks.
- Lobbyist and Legislative Director Jim Lombardo was concerned that Senator Pavley would seek to include SAE J2825 as an amendment to SB-435, which the MIC and AMA are officially in favor of instituting. Instead, the Senator pursued the EPA noise label match-up approach, which the AMA opposes as flawed legislation, that is likely to create enourmous problems for both law enforcement personnel and motorcyle owners. ABATE of California is also concerned that SAE J2825 is a problematic test procedure, as vitually all after market pipes which have been checked by our J2825 certified personnel have failed, so we escaped another bullet there.
SB-435 is still a long way from becoming law. It is scheduled to be heard in the Appropriations Committee in August and still has to go back to the Senate for reconciliation since the amended version of SB-435 is not the bill that passed out of the Senate last year.
At this point, given the concessions made by Senator Pavley and the Transportation Committee, ABATE of California has assumed a neutral position, unless any of the agreed to amended language is changed. If changed, ABATE of California would revert to a strongly opposed position on SB-435 and the bill would need to return to the Assembly Transportation Committee.
Although ABATE of California's position on SB-435 is neutral, the recommendation to its membership is if they still want to oppose SB-435 that they do so as private citizens. Continue to write letters of opposition to SB-435 and send them to the Appropriations Committee members. We would also expect other MROs to continue to oppose SB-435 since they are not bound to a negotiated and conditional agreement.
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You can support ABATE with the click of a mouse. All you have to do is visit www.Goodsearch.com and use it as you would any other search engine.. Goodsearch.com is powered by yahoo and will donate a certain percent of the revenue generated through this site to ABATE of CA.
- Go to: www.Goodsearch.com
- In the window where it states WHO DO YOU SEARCH FOR enter: ABATE.
- Select: American Brother Aimed Toward Education - ABATE - California (Hesperia) from the pull down menu
- Then in the SEARCH window start your search as you normally would.
That's it, click and make funds for ABATE of CA.
ABATE of California is a motorcyclists' rights organization dedicated to preserving individual freedom and promoting safety. We fully support rider training, safety and educational programs. Our members also raise funds for the less fortunate, through charity runs and benefits. We encourage our members to become active in their local communities. ABATE works to protect the rights of all motorcyclists through direct involvement in the political process. You, as an individual, can help in the ongoing struggle against anti-motorcycle legislation both here in California, and across the United States, by becoming an ABATE member.
ABATE is non-partisan and welcomes all riders. We give those with a strong interest in motorcycling an opportunity to unite and become part of one of California's strongest motorcycle organizations. ABATE feels that all of us, from lifestyle rider to off-road-fan, are brothers and sisters with a common interest — riding free!
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