Schwarzenegger is AMA's Motorcyclist of the Year
December/09/2010
by Jeff Hennie
December 8, 2010
December 8, 2010
It’s not an overstatement to say the AMA abhors the California law mandating strict controls on motorcycle sound, and named the man allegedly most responsible for it, one who claims to be a motorcyclist, to be the recipient of its annual prize.
“As a motorcyclist, Gov. Schwarzenegger should have known better,” AMA President and CEO Rob Dingman said. “Now California’s motorcyclists, as well as key segments of our industry, are going to be negatively impacted.”
The AMA justified the award by announcing, “… the AMA Motorcyclist of the Year designation recognizes the person(s) who has had the most profound impact on the world of motorcycling, for better or worse, in the previous 12 months.”
Will the Governator go to a banquet dinner held in his … honor? Talk about a back-handed political slap.
Here is an honor bestowed seemingly to cast shame.
AMA Press release: The AMA announced today its AMA Motorcyclist of the Year. Awarded annually, the AMA Motorcyclist of the Year designation recognizes the person(s) who has had the most profound impact on the world of motorcycling, for better or worse, in the previous 12 months.
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.”
My explanation? The AMA does not go far enough in its explanation of SB435. It is a deal with the devil and that devil is called “United Nations control over what you can ride.”
Anyone who sells Americans into slavery deserves nothing but shame and ridicule. Just as the Speaker of the House told us during the Health System debate, “You’ll have to pass the bill to find out what is in it,” sneaking detrimental structure into a law that generates vague requirements and unconstitutional enforcement practices is a threat to your Freedom. That is exactly what the California Legislature did and Schwarzenegger signed (SB 435).
These subversives embedded in government have perfected the art of writing a law so complicated that most of those it effects will not know how, or see its effects for five to ten years. Only after the law has metastasized onto other laws and regulations, and is harder to repeal, will most voters see the damage this law has caused.
Mark Temple Guerrilla Lawfare BOLT of California (916) 402-7981
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