Bill Text: NY S03332 | 2023-2024 | General Assembly | Introduced
Bill Title: Excepts violations pertaining to mufflers and exhaust systems for cars, motorcycle exhaust devices without internal baffles and motorcycle exhaust devices that are intentionally designed to allow for the internal baffling to be fully or partially removed or interchangeable from having a summons not issued or having a summons dismissed if the violation is corrected.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S03332 Detail]
Download: New_York-2023-S03332-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3332 2023-2024 Regular Sessions IN SENATE January 30, 2023 ___________ Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to making certain exceptions for violations pertaining to certain mufflers and exhaust systems The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 3 and 4 of section 376-a of the vehicle and 2 traffic law, subdivision 3 as amended by chapter 856 of the laws of 1990 3 and subdivision 4 as amended by chapter 302 of the laws of 2013, are 4 amended to read as follows: 5 3. If the vehicle is being driven or operated in violation of any 6 provisions of section three hundred seventy-five, three hundred seven- 7 ty-six or three hundred eighty-one of this article relating to required 8 equipment, except a violation described in subdivision two of this 9 section, subdivision thirty-one, thirty-one-a, thirty-one-b, or forty- 10 seven of section three hundred seventy-five of this article, and except 11 a violation relating to service brakes, such officer shall issue a 12 summons, provided, however, that a summons shall not be issued if, in 13 the discretion and at the request of such officer, the defect is 14 corrected in the presence of such officer. The refusal of a police 15 officer to permit the repair of any defect in his presence shall not be 16 reviewable, and shall not be a defense to any violation charged in a 17 summons issued pursuant to the provisions of this subdivision. 18 4. Any complaint issued for any violation of section three hundred 19 seventy-five, three hundred seventy-six or three hundred eighty-one of 20 this article relative to required equipment, except a violation 21 described in subdivision two of this section, subdivision thirty-one, 22 thirty-one-a, thirty-one-b, or forty-seven of section three hundred 23 seventy-five of this article, and except for a violation relating to 24 service brakes, shall be dismissed by the court before which the summons EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01788-01-3S. 3332 2 1 is returnable if the violation as set forth in the summons is corrected 2 not later than one-half hour after sunset on the first full business day 3 after the issuance of the summons and proof of such correction as set 4 forth in subdivision five of this section is submitted to the court. For 5 the purposes of this subdivision, "business day" shall mean any calendar 6 day except Saturday and Sunday, or the following business holidays: New 7 Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor 8 Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. 9 § 2. This act shall take effect on the ninetieth day after it shall 10 have become a law.
