Bill Text: NY A00471 | 2021-2022 | General Assembly | Amended

New York Assembly Bill 471 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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--B

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by M. of A. MAGNARELLI, DE LA ROSA, DINOWITZ, COLTON, SIMON,
          VANEL, SEAWRIGHT -- read once and referred to the Committee on  Trans-
          portation  -- 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 recommit-
          ted 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 and 32 of section 375 of  the  vehicle  and
     2  traffic  law,  subdivision  31  as amended by chapter 337 of the laws of
     3  1971, and subdivision 32 as amended by section 14 of part C  of  chapter
     4  62 of the laws of 2003, are amended to read as follows:
     5    31.  Mufflers  and  exhaust  systems. Prevention of noise.   (a) Every
     6  motor vehicle, operated or driven upon the highways of the state,  shall
     7  at  all times be equipped with an adequate muffler and exhaust system in
     8  constant operation and properly maintained to prevent any  excessive  or
     9  unusual  noise  and  no such muffler or exhaust system shall be equipped
    10  with a cut-out, bypass, or similar device. No person  shall  modify  the
    11  muffler  or  exhaust  system  of  a motor vehicle in a manner which will
    12  amplify or increase the noise emitted by the motor or exhaust system  of
    13  such  vehicle  above  that  emitted  by  the  muffler  or exhaust system
    14  originally installed on  the  vehicle  and  such  original  muffler  and
    15  exhaust system shall comply with all the requirements of this section.
    16    (b)  On and after June first, two thousand twenty-two, no person shall
    17  manufacture, distribute, sell, or offer for sale a  cut-out,  bypass  or
    18  similar device for the muffler or exhaust system of a motor vehicle, or,
    19  for  compensation,  equip or install a cut-out, bypass or similar device
    20  on the muffler or exhaust system of a motor vehicle.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01833-06-1

        A. 471--B                           2

     1    A muffler is a device consisting of a series  of  chambers  or  baffle
     2  plates,  or other mechanical design for the purpose of receiving exhaust
     3  gas from an internal combustion engine, and effective in reducing noise.
     4    An exhaust system is a series of mechanical devices for the purpose of
     5  receiving  exhaust  gas from an internal combustion engine and expelling
     6  it into the atmosphere.
     7    32. (a) The violation of any of the provisions of  this  section  with
     8  respect  to  adequate  brakes except those relating to emergency or hand
     9  brakes shall constitute a misdemeanor and the violation of  any  of  the
    10  other  provisions of this section, including those relating to emergency
    11  or hand brakes, shall be punishable by a fine not exceeding one  hundred
    12  fifty  dollars  or  by imprisonment for not exceeding thirty days, or by
    13  both such fine and imprisonment, except as herein otherwise provided.
    14    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    15  sion,  a  violation  of  paragraph (b) of subdivision thirty-one of this
    16  section shall be punishable by a fine of  one  thousand  dollars  or  by
    17  imprisonment  for  not  exceeding  thirty days, or by both such fine and
    18  imprisonment.
    19    § 2. Section 381 of the vehicle and traffic law is amended by adding a
    20  new subdivision 11-a to read as follows:
    21    11-a. On and after June first, two thousand twenty-two,  it  shall  be
    22  unlawful:  (1)  to  manufacture,  distribute, sell, or offer for sale an
    23  exhaust device without internal baffles, known as "straight  pipes",  or
    24  an  exhaust  system that has been modified in a manner that will amplify
    25  or increase the noise emitted by the motor of such motorcycle above that
    26  emitted by the exhaust system originally installed on  such  motorcycle,
    27  or  an  exhaust  device  that is intentionally designed to allow for the
    28  internal baffling to be fully or partially removed  or  interchangeable;
    29  and
    30    (2)  for  compensation, to equip or install on a motorcycle an exhaust
    31  device without internal  baffles,  known  as  "straight  pipes",  or  an
    32  exhaust  system  that has been modified in a manner that will amplify or
    33  increase the noise emitted by the motor of such  motorcycle  above  that
    34  emitted  by  the exhaust system originally installed on such motorcycle,
    35  or an exhaust device that is intentionally designed  to  allow  for  the
    36  internal baffling to be fully or partially removed or interchangeable.
    37    §  3. Subdivision 13 of section 381 of the vehicle and traffic law, as
    38  added by chapter 61 of the laws of 1989, is amended to read as follows:
    39    13. A violation of any of the provisions of this section except subdi-
    40  visions eleven, eleven-a and twelve shall be punishable by  a  fine  not
    41  exceeding one hundred dollars or by imprisonment for not exceeding thir-
    42  ty  days, or by both such fine and imprisonment. A violation of subdivi-
    43  sion eleven or twelve of this section shall be punishable by a  fine  of
    44  five  hundred  dollars or by imprisonment for not exceeding thirty days,
    45  or by both such  fine  and  imprisonment.  A  violation  of  subdivision
    46  eleven-a  of  this section shall be punishable by a fine of one thousand
    47  dollars or by imprisonment for not exceeding thirty  days,  or  by  both
    48  such fine and imprisonment.
    49    §  4. This act shall take effect on the first of April next succeeding
    50  the date on which it shall have become a law. Effective immediately, the
    51  addition, amendment and/or repeal of any rule  or  regulation  necessary
    52  for  the implementation of this act on its effective date are authorized
    53  to be made and completed on or before such effective date.