You may recall that Time Magazine selects a “Person of the Year”, and this person (formerly “Man” of the Year) is sometimes considered a saint, and sometimes a villan. Times Man of the Year for 1938? Adolf Hitlter.
Before any of you get too excited, I am certainly not suggesting that the Governor of California is a villian that belongs in the same league with Hitler. My point is this. The AMA has chosen Schwarzenegger as its Motorcyclist of the Year because it views Schwarzenegger as a villian, of sorts, for signing California Senate Bill 435 into law.
With this law, California will require “every new motorcycle or aftermarket exhaust system built starting in 2013 to carry a stamp on the exhaust certifying that it meets federal Environmental Protection Agency sound requirements.” The upshot? According to the AMA, those of us with older motorcycles that might need to replace an exhaust in the future may have no choice but to purchase an expensive OEM system (if one is even available). The AMA believes that, particularly for low-production models, the aftermarket simply cannot afford the federal certification process. The AMA also points out that the new California law might spawn similar legislation in other states, and, in any event, is not the best way to effect reasonable sound limits.
One interesting thing is that Governor Schwarzenegger is a motorcyclist himself who has gone out of his way to do some very positive things for motorcycling in the past (as the AMA notes). Here is the press release from the AMA.
For 2010, that distinction belongs to outgoing California Gov. Arnold Schwarzenegger, whose signature on a controversial law will have far-reaching and potentially harmful effects on the motorcycling community nationwide.
With no fanfare, Schwarzenegger signed a poorly crafted bill on Sept. 28 that fundamentally changes how California will regulate motorcycle exhaust systems. The new law also maps a path for the rest of the country, as other state and local lawmakers look for their own answers to address excessive motorcycle sound. The full story is in the January 2011 issue of American Motorcyclist magazine, the journal of the AMA.
“Gov. Schwarzenegger signed a piece of legislation that has rocked the motorcycling world, and will impact motorcyclists in other states as well for years to come,” said AMA President and CEO Rob Dingman. “This makes him the logical choice for the 2010 AMA Motorcyclist of the Year.”
The legislation, California Senate Bill 435, the Motorcycle Anti-Tampering Act, requires every new motorcycle or aftermarket exhaust system built starting in 2013 to carry a stamp on the exhaust certifying that it meets federal Environmental Protection Agency sound requirements. For most motorcycles, the law is a de-facto OEM (original equipment manufacturer) exhaust mandate because the federal standard was not designed for aftermarket manufacturers, and compliance for the scores of low-volume production models now on the market is extremely problematic.
The AMA has long advocated reasonable measures be adopted for the regulation of excessive motorcycle sound, and cites the Society of Automotive Engineers J2825 motorcycle sound testing procedure as the most fair, economical and practical solution to the problem vexing communities nationwide.
“The California law is a poorly crafted piece of legislation that’s discriminatory and does little to address the core problem of excessive sound from all sources, not just motorcycles,” Dingman said. “Rather than objectively regulate offensive noise, this law creates all sorts of problems for riders, law enforcement and aftermarket manufacturers.”
An EPA certification label is no guarantee of sound compliance, and the lack of a label is no guarantee that an exhaust is too loud. The only way to know if a motorcycle exhaust is compliant is to test its actual sound output, Dingman noted.
“As a motorcyclist, Gov. Schwarzenegger should have known better,” Dingman said. “Now California’s motorcyclists, as well as key segments of our industry, are going to be negatively impacted.”
Currently, only two aftermarket manufacturers offer EPA-sound-stamped exhaust systems for a handful of late-model Harley-Davidsons. The process of certification is complex and expensive. For the millions of owners whose motorcycle models were made in relatively small numbers, the requirement to replace an aging exhaust system with an expensive OEM system is onerous and discriminatory. Owners of automobiles and trucks don’t have to meet the same standard, and they can buy less expensive replacement exhaust systems at local muffler shops.
Schwarzenegger’s selection as AMA Motorcyclist of the Year was reinforced by California’s position as a role model for the rest of the country.
“In many cases, we’ve seen other states follow California’s legislative lead on a number of issues,” Dingman said. “There’s no reason to think that trend won’t continue with respect to S.B. 435. With the stroke of his pen, Gov. Schwarzenegger significantly altered the motorcycling landscape for motorcyclists everywhere, and this is the reason why his selection as AMA Motorcyclist of the Year is so impactful.”
The full story of Schwarzenegger’s involvement with motorcycling goes beyond S.B. 435, and is detailed in the January issue of American Motorcyclist. Schwarzenegger has, during his tenure, been an ally of motorcycling with key appointments to decision-making committees that deal with off-highway riding issues, as an example. In addition, as a known motorcyclist himself, Schwarzenegger has drawn attention to motorcycling and, after a high-profile crash in 2006, the need for proper motorcycle licensing.
“We will continue to work with municipal governments and state legislatures to implement reasonable measures, such as the SAE J2825 standard, to address excessive motorcycle sound,” said Dingman. “But we now have the added burden of showing how California’s new measure is not an effective solution, and we have Gov. Schwarzenegger to thank for that.”