Fran Pavley, the power mad troll (see photo above) who represents California Senate District 23, has sponsored another bill intended, as the Associated Press put it, “to subdue the state’s boisterous two-wheeled culture.”
California Senate District 23 encompasses West Hollywood, Beverly Hills, Century City, Westwood, Brentwood, Santa Monica, Pacific Palisades, and Malibu which is probably not where you live. “The state’s boisterous two-wheeled culture,” probably more accurately describes you.
California SB 435 Again
Last February Pavley, a retired middle school civics teacher, authored and sponsored California Senate Bill 435 which was intended to harass you out of Pavley’s world by mandating bi-annual smog inspections for California motorcycles. That version of the bill would have effectively outlawed aftermarket motorcycle exhausts and it was not enacted into law.
The current incarnation of Pavley’s Bill, still called SB 435, 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, 2013, or a motorcycle, registered in the state, with aftermarket exhaust system equipment that is manufactured on or after January 1, 2013 , that does not have” an original EPA noise standard label “and would make a violation of this provision punishable by a” $100 “fine, thereby imposing a state mandated 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.”
Motorcycles As Contraband
The EPA noise standard for motorcycles is 82 decibels which approximately the same noise level as a dial tone. One in ten American motorcycles is registered in California. “Basic common sense and decency dictates that when a motorcycle drives by and sets off every car alarm on the street, that is too loud,” Pavley said. The law would not require a motorcycle to be in operation for the crime to occur but only in plain sight of an enforcement officer.
The plain sight doctrine is among the most draconian perversions of American law. It is generally used to contrive probable cause for search warrants.
Senator Pavley routinely describes herself as an environmental “legend in her own time.” She has been in the State Senate for less than two years. She previously authored AB 1493 which was a law that proposed to limit the production of carbon dioxide in California. The law exempts the production of carbon dioxide as the result of political rhetoric.
SB 435 passed the California Assembly on August 18th by a vote of 43-31. The Bill passed in the State Senate on August 30 by a vote of 21-16. Governor Arnold Schwarzenegger has not yet signed the new law. Matt Connelly, a spokesman for Schwarzenegger said the Governor has not yet decided whether to sign the bill or not.