Exhaust laws enacted in California

California’s Motorcycle Anti-Tampering Act came into effect in the US state on January 1, 2013, the reform handing police the authority to fine motorcyclists caught with a non-compliant exhaust. Known as SB435, the legislation applies only to 2013 and later bikes and exhaust systems and doesn’t affect older motorcycles equipped with aftermarket systems, although an older bike fitted with a non-compliant pipe purchased after the start of this year would also represent a violation of the law.

New motorcycles must now have an EPA label as proof they are fitted with a compliant exhaust system that meets federal noise regulations. Manufacturers have been building motorcycles that comply with such limits since they were brought into effect in the early ’80s, but from the start of this year it is now a criminal offence to ride a 2013 or later motorcycle in California that doesn’t bear an EPA label.

California police can not, however, pull a motorcycle over purely because the officer suspects it is fitted with a non-compliant exhaust. A rider can only be penalised under the new law if they’re already been stopped for another traffic offence. A first fine of between $50 and $100 can be dismissed later in court if the rider concerned can show proof that he’s rectified the issue, while a second offence incurs a fine of between $100 and $250, with no chance of the penalty being dropped.

The law, which was signed by the outgoing Governor of California, Arnold Schwarzenegger, in 2010, and sponsored by Senator Fran Pavely, has angered the state’s motorcyclists and has been lambasted by critics. The law only came into effect at the start of this year to give aftermarket exhaust manufacturers a chance to alter their products to meet the EPA’s requirements.

Manufacturers of aftermarket exhaust are understandably concerned by the legislation. While there’s the potential for such companies to manufacture SB435-compliant systems, it remains to be seen if there’s any viable market for pipes that offer little advantage over their OEM counterparts.

There are also concerns that owners will simply gut original systems to achieve a better note while retaining their seeming legality (and EPA sticker), or replace the stock system after receiving a ticket before switching back to the non-compliant system. Another issue concerns the sometimes hidden placement of the EPA label, depending on the style and bodywork of the bike – often requiring the inspecting officer to lie on the ground to see it.

Of course, news of this new legislation will garner little in the way of sympathy from Australian riders, where motorcycle noise limits have been strictly enforced, overlooked by the spectre far greater financial penalties, for many years.