Bill Text: NY S00784 | 2021-2022 | General Assembly | Amended

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

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Bill Title: Relates to certain vehicle equipment violations and fines.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2021-10-29 - SIGNED CHAP.527 [S00784 Detail]

Download: New_York-2021-S00784-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         784--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sens.  GOUNARDES,  GAUGHRAN,  JACKSON  -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Transportation   --   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;  and to amend the executive law, in
          relation to requiring police vehicles to be equipped  with  a  decibel
          reader

          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. Every motor
     6  vehicle, operated or driven upon the highways of the state, shall at all
     7  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 which exceeds the maximum allowable  sound  level  limits
    10  prescribed  in section three hundred eighty-six of this title or through
    11  local law, rule, or regulation in relation to motor vehicles and  motor-
    12  cycles,  and  no such muffler or exhaust system shall be equipped with a
    13  cut-out, bypass, or similar device. No person shall modify  the  muffler
    14  or  exhaust  system of a motor vehicle in a manner which will amplify or
    15  increase the noise emitted by the motor or exhaust system of such  vehi-
    16  cle  above  that  emitted  by  the  muffler or exhaust system originally
    17  installed on the vehicle and such original muffler  and  exhaust  system
    18  shall  comply  with  all the requirements of this section. Provided that
    19  the amendments made by the chapter of the laws of two  thousand  twenty-
    20  one  which amended this subdivision shall not modify or otherwise affect

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01833-02-1
        S. 784--A                           2

     1  existing inspection programs for motor trucks or buses pursuant  to  the
     2  rules  and  regulations of the commissioner, commissioner of transporta-
     3  tion, or commissioner of environmental conservation,  including  without
     4  limitation  articles nineteen-A and nineteen-B of this chapter or modify
     5  or otherwise affect existing applicable  noise  limits  or  muffler  and
     6  exhaust requirements.
     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    32. The violation of any  of  the  provisions  of  this  section  with
    14  respect  to  adequate  brakes except those relating to emergency or hand
    15  brakes shall constitute a misdemeanor and the violation of  any  of  the
    16  other  provisions of this section, including those relating to emergency
    17  or hand brakes, shall be punishable by a fine not exceeding one  hundred
    18  fifty  dollars  or  by imprisonment for not exceeding thirty days, or by
    19  both such fine and imprisonment, except as herein otherwise provided.  A
    20  violation  of subdivision thirty-one of this section shall be subject to
    21  a fine of one thousand dollars or by imprisonment not  exceeding  thirty
    22  days, or by both such fine and imprisonment.
    23    §    2.   Paragraph (a) of subdivision 1 and subdivision 13 of section
    24  381 of the vehicle and traffic law, paragraph (a) of  subdivision  1  as
    25  amended  by  chapter 590 of the laws of 1970, subdivision 13 as added by
    26  chapter 61 of the laws of 1989, are amended to read as follows:
    27    (a) Every motorcycle, driven upon the public highways of  this  state,
    28  shall  be provided with adequate brakes in good working order and suffi-
    29  cient to control such motorcycle at all times, when the same is in  use,
    30  a  suitable  and  adequate bell, horn or other device for signaling, one
    31  red to amber stop lamp and shall,  whenever  such  motorcycle  is  being
    32  operated upon the public highways of the state, display one lighted lamp
    33  in  front and one on the rear, or, when such motorcycle is operated with
    34  a passenger or other truck attached to the side or front two such  lamps
    35  on the front and one on the rear; and in all cases the lamps on a motor-
    36  cycle  shall include a red light visible from the rear. The rays of such
    37  rear lamp shall shine upon the number plate carried on the rear of  such
    38  motorcycle  in such manner as to render the numerals thereon visible for
    39  at least fifty feet in  the  direction  from  which  the  motorcycle  is
    40  proceeding.  The  light  of  the front lamp or lamps shall be visible at
    41  least two hundred feet in the  direction  in  which  the  motorcycle  is
    42  proceeding.  Every  such  motorcycle  shall  have  a suitable muffler or
    43  device to prevent unnecessary noise from exhaust gases, and the  use  of
    44  so-called "cut-outs" is prohibited, provided that such muffler or device
    45  shall  at a minimum prevent unnecessary noise from exceeding the maximum
    46  allowable sound level limits prescribed in section three hundred  eight-
    47  y-six  of  this  title  or  through  local  law,  rule, or regulation in
    48  relation to motorcycles.
    49    13. A violation of any of the provisions  of  this  section  shall  be
    50  punishable  by  a fine not exceeding one hundred dollars or by imprison-
    51  ment for not exceeding thirty days, or by both such fine  and  imprison-
    52  ment.  Provided, however, that a violation of subdivision one, eleven or
    53  twelve of this section or  with respect to unnecessary  noise  shall  be
    54  punishable  by a fine not exceeding one thousand dollars or by imprison-
    55  ment not exceeding thirty days, or by both such fine and imprisonment.
        S. 784--A                           3

     1    § 3. Section 835 of the executive law  is  amended  by  adding  a  new
     2  subdivision 11 to read as follows:
     3    11.  "Decibel  reader"  shall  refer to a measuring instrument used to
     4  assess noise or sound levels  by  measuring  sound  pressure  and  which
     5  expresses such level in the unit of a decibel (dB).
     6    §  4. The   executive  law is amended by adding a new section 837-w to
     7  read as follows:
     8    § 837-w. Decibel readers. Every police department in  this  state,  as
     9  such  term  is  defined  in section eight hundred thirty-seven-c of this
    10  article, shall, subject to appropriation or upon the police department's
    11  determination that sufficient resources are available, equip all  police
    12  vehicles  within their department with a decibel reader, as such term is
    13  defined in subdivision eleven of section eight  hundred  thirty-five  of
    14  this article.
    15    §  5. This act shall take effect on the first of April next succeeding
    16  the date on which it shall have become a law. Effective immediately, the
    17  addition, amendment and/or repeal of any rule  or  regulation  necessary
    18  for  the implementation of this act on its effective date are authorized
    19  to be made and completed on or before such effective date.