LEGISLATIVE COUNSEL'S DIGEST


SB 435, as amended, Pavley. Smog check program
Air pollution : motorcycles.
(1) Existing
Existing law establishes a motor vehicle inspection and
maintenance program (smog check), administered by the Department of
Consumer Affairs, that provides for the inspection of motor vehicles
upon registration, biennially upon renewal of registration, upon
transfer of ownership, and in certain other circumstances. Existing
law exempts from biennial inspection all motorcycles until the
department implements test procedures applicable to motorcycles.
Violations of smog check requirements are a crime.

This bill would require the department to include Class III
model-year 2000 and newer motorcycles in the smog check program
beginning January 1, 2012. The bill would require the department to
pay a motor vehicle owner that retires a motorcycle that fails a smog
check inspection up to $500.
Because violations of smog checks for motorcycles would be a
crime, this bill would impose a state-mandated local program.

The bill would make various conforming, clarifying, and technical
changes to the smog check program.
(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.
Existing law also prohibits any person from disconnecting,
modifying, or altering a motor vehicle pollution control device,
including a catalytic converter on a motorcycle.
This bill would declare the Legislature's intent to enact
legislation to increase enforcement, including, but not limited to,
increasing penalties for tampering with pollution control devices on
motorcycles, with regard to all relevant anti-tampering laws that
apply to motorcycles.