A Famous Customizer Runs Afoul of Californias Clean-Air Cops
THE California Air Resources Board announced last month that it had fined Jesse James of West Coast Choppers and the former host of the television show Monster Garage for selling motorcycles between 1998 and 2005 that did not meet the states emissions laws.
The agency said it reached a settlement with Mr. James for $271,250 for selling more than 50 new or custom-built motorcycles that did not meet the standards. Jerry Martin, communications director of the board, said in a telephone interview that the agency did not consider the fine excessive.
Its an average fine for a motor vehicles certification violation, he said In fact, the amount may even be small.
The agencys Web site lists a number of settlements with violators over the past year, including truck fleets, generally for smaller amounts.
The agency is charged with overseeing air pollution control efforts and maintaining air quality standards. The agencys rules, regulations and certifications have been adopted by several other states, primarily in the Northeast, and the California standards are a global benchmark for compliance by automakers.
Mr. James, whose company is based here, is known for building outlandish cars and motorcycles. His bikes sell for amounts approaching six figures. He was the host of Monster Garage, which first appeared on television in 2002; its last new episode ran in June 2006.
Mr. James, who is married to the actress Sandra Bullock, said he was informed of the noncompliance in 2005 by an air board representative who came to his office and told him the registrations of all motorcycles he manufactured since 1998 had been revoked.
Mr. James said that he thought he had complied with all the agencys rules.
Everything I always thought I had to do I have done, he said.
Mr. James said that seven years ago the agency changed its rules, making them stricter, but never told him about the change until he was cited.
Mr. Martin said it was up to manufacturers to be aware of the law.
There was no notification because none was required, he said.
The agency said Mr. James was guilty of a number of things, including changing fuel systems and gas tanks and using replacement parts not certified by the agency.
Mr. James said the action affected 96 bikes; Mr. Martin said the agency was unsure of the number.
It was very hard to determine how many bikes were built in that period of time because the record-keeping of the company did not give us the information we were needing, Mr. Martin said. We dont know where to find many of them. Many may have left the state. We are not even sure how many there really were.
Mr. James said the agency first sought about $1 million. Still, he was unhappy with the eventual fine.
They just wanted to set an example with me, he said.
Mr. Martin said the board began investigating Mr. James because of some complaints, but he would not say from whom. Mr. Martin also said the agency conducted routine inspections of bike shops, repair shops, etc. But he said he was not aware of any prior inspections, routine or otherwise, of West Coast Choppers.
Mr. James said he offered to recall all the bikes and install the charcoal filter in the emissions system that he said would have brought his bikes into compliance.
He said the agency rejected that compromise, but Mr. Martin said the offer was never made.
The agency said in a press release that the settlement was a victory because an uncertified engine in a motorcycle can emit up to 10 times more pollution than a certified one.
California has the poorest air quality in the nation, so every ounce of pollution we clean up makes a difference, said Catherine Witherspoon, the executive officer of the agency.
The settlement, however, does not require Mr. James or the owners of the bikes to bring them into compliance or take them off the road. Mr. Martin said now that the fine had been paid, the registrations of the bikes had been reinstated. He said the money goes into a fund to fix other pollution problems.
We just wanted his illegal practices to end, Mr. Martin said.
This is not the first time government agencies have cited customizers who have television shows.
In December 2004, the National Highway Traffic Safety Administration announced that it had fined customizers involved in three programs, including MTVs Pimp My Ride, for removing federally mandated safety equipment from vehicles they customized, including the replacement of steering wheel air bags with video monitors. The fines issued were part of what the agency called a larger crackdown on the customizing industry.
Mr. James said he felt he came under scrutiny because of his TV show and his marriage. Mr. Martin said, however, that the agency was not singling out anyone, especially celebrities.
We are looking at a number of motorcycle companies, and we are likely to have compliance settlements with them that we will announce soon. As many as 20 companies may be under investigation, Mr. Martin said.
Some customizers said the crackdown by the agency was justified. Reeves Callaway, who runs a California company that provides engineering services to the auto industry and builds modified Corvettes, said the TV shows often flouted laws, including emissions compliance.
All of these perfectly awful shows like Pimp My Ride or monster-whatever leave the young viewer with the impression you can do what you want, Mr. Callaway said. Ive never seen the part of the program where they responsibly take their creations down to get them emissions-certified.
I am embarrassed by the stupidity quotient of the TV shows and their reflection on an industry that is composed of some of the best automotive talent in the world, he said.
Mr. Callaway said most customizers had no issues with the agency.
We demonstrate every day that power and compliance are not mutually exclusive, he said. And we get frustrated to tears when others in the industry ignore the rules.
