The SMOG checks were a backdoor effort to get quiet pipes.
The fight to prevent loud-pipes laws led to the formation of a smog-check law which would be worse. ABATEs successful efforts to prevent loud pipes laws forced the lawmakers to come up with smog check laws and eventually, with ABATEs help it was gutted into what they wanted in the first place, a quiet pipes law. Which ABATE dropped it's opposition of.
A lot of work for the outcome they wanted.
Is this what we're in for with the lane splitting law?
Weird kind of speculative summary, because I'm still not sure that loud pipes were really the impetus (only Fran Pavely really knows)... but more or less the bones of the whole struggle of making sure motorcycle smog checks did not happen.
To my knowledge there still does not exist an enforceable 'quiet pipes law'. Law enforcement has not been fitted with approved devices, and more importantly training, to read the sound levels of pipes. In fact, those devices are still in the beginning stages of being approved by the DOT on the Federal level. AB435, as approved, says you can't operate a motorcycle manufactured after 2013 without an exhaust system that has an EPA compliance sticker. Nothing new. Forever in CA, it has been explicitly illegal to modify a factory intake or exhaust system. You may be aware that it is actually a $10,000 fine if you remove your catalytic converter. You can
replace your carburetor or muffler, for instance, with another carburetor or muffler of your choice, and if those replacement parts happens to come from Mikuni or Muzzy, then great... buy with confidence at your local California bike shop. Those aftermarket manufacturers will have made the necessary arrangements to have an EPA stamp on your new street legal farkle. End of the problem, no need to have anyone check anything. Pavley got a pat on the back, Schwarzenegger got Motorcyclist of the Year by the AMA, and ABATE got to preserve the current status quo, more or less.
So you see that AB435 as it stands now is redundant and harmless. I hope that is the outcome here too, if we can't get it completely killed.
So, uh, yes.