Release 04-30      

December 1, 2004


Jerry Martin
Gennet Paauwe
(916) 322-2990
Three Motorcycle Distributors Settle $610,000 in Smog Violations

-- The California Air Resources Board (ARB) announced today it has reached settlement agreements with Indian Motorcycles of Long Beach, South Bay Triumph and Bay Area Custom Cycles for violations of state clean air regulations.

"Non-certified or tampered on-road motorcycle engines emit up to nine times more smog forming chemicals than their counterparts," ARB Executive Officer, Catherine Witherspoon said. "We will continue to stringently enforce these clean air regulations."

Indian Motorcycles of Long Beach was found to be removing emissions related equipment from new motorcycles before and after they were sold. Acting on information given to the ARB, inspectors examined work orders and invoices and found indications of the removal of smog control equipment. The work was described as a "performance tune-up." ARB also found that Indian Motorcycles of Long Beach was offering for sale motorcycles that were not certified for sale in California. ARB and California's Attorney General found these to be violations of both the Health and Safety Codes as well as Business and Professions Codes.

While the ARB found that Indian Motorcycles of Long Beach was liable for the sum of $250,000, ARB conditionally accepted a payment of $65,000 as part of the settlement. Among other conditions Indian Motorcycles of Long Beach agrees to refrain from tampering with manufacturer-installed pollution control equipment, not sell, service or install any non-certified parts, and clearly label all non-California motorcycles as not legal for sale or use on-road in California. If the terms of the settlement are broken by Indian Motorcycles of Long Beach, the company will be responsible for the full $250,000.

In a similar case, South Bay Triumph was found to be removing emissions equipment from new motorcycles before and after they were sold. The company is responsible for $210,000 in penalties. This sum is the accumulated total of fines for the infractions found by investigators. As part of the settlement the company will pay $50,000 and follow all terms of the settlement. If South Bay Triumph fails their responsibilities they will be responsible for the entire amount. Stipulations in this settlement are similar to those required of Indian Motorcycles of Long Beach.

Bay Area Custom Cycles was alleged to be manufacturing and selling custom built motorcycles to California residents without certification as required by state law. The company will pay $55,000 over a period of two years and will be on probation during this time. If they fail to comply with all stipulations of the settlement, Bay Area Custom Cycles will be ordered to pay $150,000. They have since met all clean air business certification requirements needed to continue operations in California.

All monies collected by ARB from these settlements go into the state's Air Pollution Control Fund (APCF). The APCF is used to mitigate various sources of pollution through education and the advancement and use of cleaner technology.

The Air Resources Board is a department of the California Environmental Protection Agency. ARB's mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. The ARB oversees all air pollution control efforts in California to attain and maintain health based air quality standards.