Bill Text: NY A00471 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to certain vehicle equipment violations and fines.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2021-06-10 - substituted by s784b [A00471 Detail]
Download: New_York-2021-A00471-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 471--C 2021-2022 Regular Sessions IN ASSEMBLY (Prefiled) January 6, 2021 ___________ Introduced by M. of A. MAGNARELLI, DE LA ROSA, DINOWITZ, COLTON, SIMON, VANEL, SEAWRIGHT, PERRY -- read once and referred to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to certain equipment violations and fines The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 31, 31-a, 31-b and 32 of section 375 of the 2 vehicle and traffic law, subdivision 31 as amended by chapter 337 of the 3 laws of 1971, subdivision 31-a as added by chapter 434 of the laws of 4 1979, subdivision 31-b as added by chapter 612 of the laws of 1986 and 5 subdivision 32 as amended by section 14 of part C of chapter 62 of the 6 laws of 2003, are amended to read as follows: 7 31. Mufflers and exhaust systems. Prevention of noise. (a) Every 8 motor vehicle, operated or driven upon the highways of the state, shall 9 at all times be equipped with an adequate muffler and exhaust system in 10 constant operation and properly maintained to prevent any excessive or 11 unusual noise and no such muffler or exhaust system shall be equipped 12 with a cut-out, bypass, or similar device. No person shall modify the 13 muffler or exhaust system of a motor vehicle in a manner which will 14 amplify or increase the noise emitted by the motor or exhaust system of 15 such vehicle above that emitted by the muffler or exhaust system 16 originally installed on the vehicle and such original muffler and 17 exhaust system shall comply with all the requirements of this section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01833-10-1A. 471--C 2 1 (b) No person shall, in the state, sell, offer for sale or install any 2 of the following for the muffler or exhaust system of a motor vehicle: 3 a cut-out, bypass, or a similar device which will amplify or increase 4 the noise emitted by the motor or exhaust system of such vehicle above 5 that emitted by the muffler or exhaust system originally installed on 6 the vehicle. 7 A muffler is a device consisting of a series of chambers or baffle 8 plates, or other mechanical design for the purpose of receiving exhaust 9 gas from an internal combustion engine, and effective in reducing noise. 10 An exhaust system is a series of mechanical devices for the purpose of 11 receiving exhaust gas from an internal combustion engine and expelling 12 it into the atmosphere. 13 31-a. No person shall, in the state, sell, offer for sale or install 14 [or use] a motorcycle exhaust device without internal baffles, known as 15 "straight pipes". 16 31-b. No person shall, in the state, sell, offer for sale or install 17 [or use] a motorcycle exhaust device that is intentionally designed to 18 allow for the internal baffling to be fully or partially removed or 19 interchangeable or that has been modified in a manner that will amplify 20 or increase the noise emitted by the motor of a motorcycle above that 21 emitted by the exhaust system originally installed on such motorcycle. 22 This subdivision shall not apply to a motorcycle manufactured or assem- 23 bled prior to nineteen hundred seventy-nine or a motorcycle registered 24 as a limited use vehicle or an all terrain vehicle pursuant to article 25 forty-eight-A or forty-eight-B of this chapter. 26 32. (a) The violation of any of the provisions of this section with 27 respect to adequate brakes except those relating to emergency or hand 28 brakes shall constitute a misdemeanor and the violation of any of the 29 other provisions of this section, including those relating to emergency 30 or hand brakes, shall be punishable by a fine not exceeding one hundred 31 fifty dollars or by imprisonment for not exceeding thirty days, or by 32 both such fine and imprisonment, except as herein otherwise provided. 33 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 34 sion, a violation of paragraph (b) of subdivision thirty-one, subdivi- 35 sion thirty-one-a or subdivision thirty-one-b of this section shall be 36 punishable by a fine not exceeding one thousand dollars or by imprison- 37 ment for not exceeding thirty days, or by both such fine and imprison- 38 ment. 39 § 2. Subdivision 13 of section 381 of the vehicle and traffic law, as 40 added by chapter 61 of the laws of 1989, is amended to read as follows: 41 13. A violation of any of the provisions of this section except subdi- 42 visions eleven and twelve shall be punishable by a fine not exceeding 43 one hundred dollars or by imprisonment for not exceeding thirty days, or 44 by both such fine and imprisonment. A violation of subdivision eleven or 45 twelve of this section shall be punishable by a fine not exceeding five 46 hundred dollars or by imprisonment for not exceeding thirty days, or by 47 both such fine and imprisonment. 48 § 3. Subdivision (e) of section 303 of the vehicle and traffic law is 49 amended by adding a new paragraph 3 to read as follows: 50 3. Provided, however, a license to operate an official inspection 51 station or a certificate to inspect vehicles shall be suspended or 52 revoked or renewal thereof shall be refused by the commissioner or any 53 person duly deputized, upon a third or subsequent willful violation, all 54 within a period of eighteen months, of any rule or regulation of the 55 commissioner requiring an inspection station to inspect the muffler or 56 exhaust system of a motorcycle as set forth in subdivision (c) ofA. 471--C 3 1 section 79.28 of title 15 of the codes, rules and regulations of the 2 state of New York. If the commissioner or any person duly deputized 3 orders penalties to be paid pursuant to subdivision (h) of this section, 4 such penalties shall be in addition to, but not in lieu of, a suspen- 5 sion, revocation, or renewal thereof imposed pursuant to this paragraph. 6 § 4. Paragraphs (j) and (k) of subdivision 1 of section 398-e of the 7 vehicle and traffic law, paragraphs (j) and (k) as amended by chapter 8 634 of the laws of 1980 and paragraph (k) as further amended by section 9 104 of part A of chapter 62 of the laws of 2011, are amended and a new 10 paragraph (l) is added to read as follows: 11 (j) has knowingly issued a false or misleading estimate; [or] 12 (k) has engaged in a course of conduct which unreasonably impedes or 13 delays a consumer's right to a fair recovery pursuant to the provisions 14 of an automobile insurance policy, the insurance law or regulations 15 issued by the superintendent of financial services governing the evalu- 16 ation and adjustments of claims[.]; or 17 (l) has wilfully violated paragraph (b) of subdivision thirty-one, 18 subdivision thirty-one-a or subdivision thirty-one-b of section three 19 hundred seventy-five of this chapter. 20 § 5. This act shall take effect on the first of April next succeeding 21 the date on which it shall have become a law. Effective immediately, the 22 addition, amendment and/or repeal of any rule or regulation necessary 23 for the implementation of this act on its effective date are authorized 24 to be made and completed on or before such effective date.