NY State Senate Bill 2019-S9009

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 25, 2020	referred to rules

co-Sponsors

2019-S9009 (ACTIVE) - Details

See Assembly Version of this Bill:: A11077
Current Committee:: Senate Rules
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §375, V & T L; add §837-w, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S784, A471

2019-S9009 (ACTIVE) - Summary

Increases the maximum fine for certain equipment violations; amends the threshold for violations relating to mufflers and exhaust systems; requires police vehicles to be equipped with decibel readers.

2019-S9009 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9009

SPONSOR: GOUNARDES
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

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 state police vehicles to carry a decibel reader

 
SUMMARY OF PROVISIONS:

Section 1: Subdivisions 31 and 32 of Vehicle Traffic Law 375 are amended
to replace the criteria of "excessive or unusual" noise with a measur-
able limit of ninety-five decibels for motorcycles and 60 decibels for

cars, as it relates to the allowable noise that exhaust and muffler
systems in cars can emit. It increases the fine for violations of this
provision from one hundred and fifty dollars to one thousand dollars.

Section 2: Amends Executive law by adding section 212-a, which requires
every vehicle operated by any police or sheriffs vehicle to be equipped
with a decibel reader.

Section 3: This act will take effect immediately.

 
JUSTIFICATION:

An increasing number of car and motorcycle enthusiasts are making
modifications to the muffler and exhaust systems of vehicles, in order
to increase the noise and pollution levels emitted. This trend is lead-
ing to multiple noise complaints, especially from residents in areas
where illegal street drag racing takes place. Excessive noise is not
simply an annoyance or inconvenience; The World Health Organization has
labeled it an "underestimated threat," and in a country where one in
four people will suffer from loss of hearing, it represents an undue
burden on people that do not have the resources to protect themselves
from it.

Current law allows for a maximum of a $150 fine for after-market
violations to muffler and exhaust systems. Not only is this a relatively
small amount when compared to other states, it is also not enough of a
deterrent to many who are spending far more money to to make modifica-
tions to their vehicles. This bill would increase the maximum fine to
$1000 in order to create a larger deterrent to this behavior.

Additionally, current law requires police to determine whether noise is
"excessive or unusual," which is an arbitrary standard, and one that
makes it difficult for law enforcement officers to enforce. This bill
sets a measurable, maximum allowed noise limit of 95 decibels for motor-
cycles and 60 decibels for other vehicles, and requires all police vehi-
cles to be equipped with a decibel-reading device. This will make it
easier for police officers to enforce the law, and give them a valuable

tool for removing excessively noisy and polluting vehicles from our
streets.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
Immediately

2019-S9009 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9009
 
                             I N  S E N A T E
 
                            September 25, 2020
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:
 
   Section  1.  Subdivisions  31 and 32 of section 375 of the vehicle and
 traffic law, subdivision 31 as amended by chapter 337  of  the  laws  of
 1971,  and  subdivision 32 as amended by section 14 of part C of chapter
 62 of the laws of 2003, are amended to read as follows:
   31. Mufflers and exhaust systems. Prevention  of  noise.  Every  motor
 vehicle, operated or driven upon the highways of the state, shall at all
 times  be  equipped  with  an  adequate  muffler  and  exhaust system in
 constant operation and properly maintained to prevent any [excessive  or
 unusual]  noise OVER NINETY-FIVE DECIBELS FOR MOTORCYCLES AND OVER SIXTY
 DECIBELS FOR OTHER MOTOR VEHICLES, and no such muffler or exhaust system
 shall be equipped with a cut-out, bypass, or similar device.  No  person
 shall  modify  the  muffler  or  exhaust  system of a motor vehicle in a
 manner which will amplify or increase the noise emitted by the motor  or
 exhaust  system  of  such  vehicle  above that emitted by the muffler or
 exhaust system originally installed on the  vehicle  and  such  original
 muffler  and  exhaust  system  shall comply with all the requirements of
 this section.
   A muffler is a device consisting of a series  of  chambers  or  baffle
 plates,  or other mechanical design for the purpose of receiving exhaust
 gas from an internal combustion engine, and effective in reducing noise.
   An exhaust system is a series of mechanical devices for the purpose of
 receiving exhaust gas from an internal combustion engine  and  expelling
 it into the atmosphere.
   32.  The  violation  of  any  of  the  provisions of this section with
 respect to adequate brakes except those relating to  emergency  or  hand
 brakes  shall  constitute  a misdemeanor and the violation of any of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD17316-04-0

 S. 9009                             2
 
 other provisions of this section, including those relating to  emergency
 or hand brakes, shall be punishable by a fine not exceeding one [hundred
 fifty]  THOUSAND  dollars  or  by  imprisonment for not exceeding thirty
 days,  or by both such fine and imprisonment, except as herein otherwise
 provided.
   § 2. The executive law is amended by adding a  new  section  837-w  to
 read as follows:
   § 837-W. DECIBELS READERS. EVERY POLICE DEPARTMENT IN THIS STATE SHALL
 PROVIDE  THAT ALL POLICE VEHICLES ARE EQUIPPED WITH A DECIBEL READER. AS
 USED IN THIS SECTION, THE TERM  "POLICE  DEPARTMENT"  MEANS  ANY  POLICE
 DEPARTMENT  OR  SHERIFF'S  OFFICE  OF THIS STATE OR ANY OF ITS POLITICAL
 SUBDIVISIONS.
   § 3. This act shall take effect immediately.

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Senate Bill S9009

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

2019-S9009 (ACTIVE) - Details

2019-S9009 (ACTIVE) - Summary

2019-S9009 (ACTIVE) - Sponsor Memo

2019-S9009 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9009

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Sponsored By

Andrew Gounardes

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Brad Hoylman-Sigal

Robert Jackson

Rachel May

Shelley B. Mayer

2019-S9009 (ACTIVE) - Details

2019-S9009 (ACTIVE) - Summary

2019-S9009 (ACTIVE) - Sponsor Memo

2019-S9009 (ACTIVE) - Bill Text download pdf

Comments