An Email from a Biker Law Blog Reader about the Denver, Colorado Noise Ordinance Situation and How it Relates to Custom Motorcycles.

California motorycle lawyer attorney Norman Gregory Fernandez at the Hollister Motorcycle RallyI received the following email from a Biker Law Blog Reader named Patrick. I will let the email speak for itself because it is self explanatory. I have not edited it and it is in Patrick’s own words. Here it is……..

I have some information for you. There is a letter out from the EPA dated 7/25/2006. The letter is CISD-06-15 (MC). This is geared to builders of custom bikes where the builder builds 300 units or less. These bikes like Big Bear choppers, Big dog choppers meet all 2007 EPA rules. They have a stamp on the frame that states that they meet all EPA federal laws. I have a friend that built a 2007 EPA compliant chopper. The bike came with a Suppertrapp exhaust that is EPA compliant. The exhaust has no EPA stamp or marker plate. Big Dog chopper’s have Vance & Hines Q series exhaust that is EPA compliant, no EPA stamp or marker plate. The bikes I am talking about meet all federal EPA rules, but you can’t ride or have them in Denver. That’s crazy. Patrick

What Patrick is saying is that there are EPA compliant motorcycles that do not have EPA stamps on the pipes. I think that Patrick may have found a way for the ordinance to be legally challenged as unduly broad. Do we have a Colorado Biker Lawyer who will step up to the plate to challenge this new ordinance in Court?

Thanks for the email Patrick.

By Norman Gregory Fernandez, Esq., © 2007

4 Responses to An Email from a Biker Law Blog Reader about the Denver, Colorado Noise Ordinance Situation and How it Relates to Custom Motorcycles.

  1. Patrick you are right……it is crazy. Norm thanks for putting Patrick’s E-mail for us to read. It was not only informative but interesting. Norm, with your credentials, you could easily find a Colorado law firm that you work with to handle this case. My brother who is a lawyer in the State of Kentucky had a case in Indiana and he worked at a Indiana law firm as a associate or something but it was his case. I do not know how it worked. Gerry Spence also had a case here in Florida and he somehow worked out of Ellis Rubin’s office. Someone definitely needs to find a lawyer to question the fairness and legality of this new ordinance/law. I have faith you could find somebody. By the way, have you sent me one of your firms baseball hats or found a law firm I can call near Asheville, North Carolina to do a partition to sale. It is a difficult job searching for a good lawyer in a State where you do not know a soul.

  2. Thank you so much, I’ve been on the internet for days googling searching dmv.ca.gov etc……

    Here it is a chopper I purchased in Aurora.CO. via E-bay. The law are vague within dmv.ca.gov’s site. My bike new but with a open title and miles anlong with the date of purchase.

    The issue is CA only wants 7500 miles on new vechicles bought in by resisdents. So I’m a resisdent. And the title has over 7500 if I want it to.

    2nd issue is a non-50state kit title from CO. The ARB (air resourse board)of CA : Via a phone call told me that I couldn’t registar the bike in CA even if it did have the 7500 mile marker on it.

    So then I asked her well what if I became a citizen in a neighboring state then came back has a non-citizen. She said, “You still wouldn’t be able to registar it in CA”

    Well the motorcycle is still in my truck bed waiting for my next move. I haven’t rode it. Just transported from CO to NM (during the holiday’s I made a call to the ARB. Realized my posistion and put a add in the paper. I haven’t riden in 10 years since my sporty was stolen. Feels like the green tree huggers in California weird are stealing my black beauty.

    Title states it is a 2006 softtail Model KIT. 1500cc 100cubic on a Muckuni42 carb. 6 speed trans. vance hines pipes. etc…….

    Luckily I’m a flooring contractor in CA. So Via a recprocity aggrement with neighboring states. I’can become a NV resisdent and contractor in 3-4 weeks. Get my titles transferd, insurance, apartment, job. Move my life in CA to storage. All for a cost of about 1200.00.

    Wait out the mess for 4 months. And return to CA with my Van 85 dodge, my Ranger 98. my chopper 2006 . All with NV plates and become a citizen of CA with all my toys in tow…. Sorry if the above is choppy and broken up … So Is my spirit and care for this state. Those diesels come straight over from Mexico and CA is worried about a few 100,000 week-end warriors on motorcycles. I beated this thing over and over with research phone call my friends think I’m missing something. The DMV web site yeilded me to think I could bring a vechicles or motorcycle into this state. With 7500miles are more.. So I purchased the bike…. Then I just want to call the DMV (hard to get threw sometimes over here) they referd me to the ARB. And ever since then 12 22 07 I’ve been dazy and confussed

  3. I am talking to a lawyer in Colorado right now about this issue!

    Email me your address and I will get a hat out to you.

    On the partition sale issue no one has bitten yet.

    By the way, Patrick if you are reading this, AOL is blocking me from sending you an email. The error message says that you have not approved mail from this email address. You need to unblock my email address so I can contact you. I do not use AOL so the error is coming from your end!

    Norm

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