S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  784--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (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:
 
   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 WHICH EXCEEDS THE MAXIMUM ALLOWABLE  SOUND  LEVEL  LIMITS
 PRESCRIBED  IN SECTION THREE HUNDRED EIGHTY-SIX OF THIS TITLE OR THROUGH
 LOCAL LAW, RULE, OR REGULATION IN RELATION TO MOTOR VEHICLES AND  MOTOR-
 CYCLES,  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  vehi-
 cle  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. PROVIDED THAT
 THE AMENDMENTS MADE BY THE CHAPTER OF THE LAWS OF TWO  THOUSAND  TWENTY-
 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
 
 EXISTING INSPECTION PROGRAMS FOR MOTOR TRUCKS OR BUSES PURSUANT  TO  THE
 RULES  AND  REGULATIONS OF THE COMMISSIONER, COMMISSIONER OF TRANSPORTA-
 TION, OR COMMISSIONER OF ENVIRONMENTAL CONSERVATION,  INCLUDING  WITHOUT
 LIMITATION  ARTICLES NINETEEN-A AND NINETEEN-B OF THIS CHAPTER OR MODIFY
 OR OTHERWISE AFFECT EXISTING APPLICABLE  NOISE  LIMITS  OR  MUFFLER  AND
 EXHAUST REQUIREMENTS.
   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
 other  provisions of this section, including those relating to emergency
 or hand brakes, shall be punishable by a fine not exceeding one  hundred
 fifty  dollars  or  by imprisonment for not exceeding thirty days, or by
 both such fine and imprisonment, except as herein otherwise provided.  A
 VIOLATION  OF SUBDIVISION THIRTY-ONE OF THIS SECTION SHALL BE SUBJECT TO
 A FINE OF ONE THOUSAND DOLLARS OR BY IMPRISONMENT NOT  EXCEEDING  THIRTY
 DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   §    2.   Paragraph (a) of subdivision 1 and subdivision 13 of section
 381 of the vehicle and traffic law, paragraph (a) of  subdivision  1  as
 amended  by  chapter 590 of the laws of 1970, subdivision 13 as added by
 chapter 61 of the laws of 1989, are amended to read as follows:
   (a) Every motorcycle, driven upon the public highways of  this  state,
 shall  be provided with adequate brakes in good working order and suffi-
 cient to control such motorcycle at all times, when the same is in  use,
 a  suitable  and  adequate bell, horn or other device for signaling, one
 red to amber stop lamp and shall,  whenever  such  motorcycle  is  being
 operated upon the public highways of the state, display one lighted lamp
 in  front and one on the rear, or, when such motorcycle is operated with
 a passenger or other truck attached to the side or front two such  lamps
 on the front and one on the rear; and in all cases the lamps on a motor-
 cycle  shall include a red light visible from the rear. The rays of such
 rear lamp shall shine upon the number plate carried on the rear of  such
 motorcycle  in such manner as to render the numerals thereon visible for
 at least fifty feet in  the  direction  from  which  the  motorcycle  is
 proceeding.  The  light  of  the front lamp or lamps shall be visible at
 least two hundred feet in the  direction  in  which  the  motorcycle  is
 proceeding.  Every  such  motorcycle  shall  have  a suitable muffler or
 device to prevent unnecessary noise from exhaust gases, and the  use  of
 so-called "cut-outs" is prohibited, PROVIDED THAT SUCH MUFFLER OR DEVICE
 SHALL  AT A MINIMUM PREVENT UNNECESSARY NOISE FROM EXCEEDING THE MAXIMUM
 ALLOWABLE SOUND LEVEL LIMITS PRESCRIBED IN SECTION THREE HUNDRED  EIGHT-
 Y-SIX  OF  THIS  TITLE  OR  THROUGH  LOCAL  LAW,  RULE, OR REGULATION IN
 RELATION TO MOTORCYCLES.
   13. A violation of any of the provisions  of  this  section  shall  be
 punishable  by  a fine not exceeding one hundred dollars or by imprison-
 ment for not exceeding thirty days, or by both such fine  and  imprison-
 ment.  PROVIDED, HOWEVER, THAT A VIOLATION OF SUBDIVISION ONE, ELEVEN OR
 TWELVE OF THIS SECTION OR  WITH RESPECT TO UNNECESSARY  NOISE  SHALL  BE
 PUNISHABLE  BY A FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR BY IMPRISON-
 MENT NOT EXCEEDING THIRTY DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT.

 S. 784--A                           3
 
   § 3. Section 835 of the executive law  is  amended  by  adding  a  new
 subdivision 11 to read as follows:
   11.  "DECIBEL  READER"  SHALL  REFER TO A MEASURING INSTRUMENT USED TO
 ASSESS NOISE OR SOUND LEVELS  BY  MEASURING  SOUND  PRESSURE  AND  WHICH
 EXPRESSES SUCH LEVEL IN THE UNIT OF A DECIBEL (DB).
   §  4. The   executive  law is amended by adding a new section 837-w to
 read as follows:
   § 837-W. DECIBEL READERS. EVERY POLICE DEPARTMENT IN  THIS  STATE,  AS
 SUCH  TERM  IS  DEFINED  IN SECTION EIGHT HUNDRED THIRTY-SEVEN-C OF THIS
 ARTICLE, SHALL, SUBJECT TO APPROPRIATION OR UPON THE POLICE DEPARTMENT'S
 DETERMINATION THAT SUFFICIENT RESOURCES ARE AVAILABLE, EQUIP ALL  POLICE
 VEHICLES  WITHIN THEIR DEPARTMENT WITH A DECIBEL READER, AS SUCH TERM IS
 DEFINED IN SUBDIVISION ELEVEN OF SECTION EIGHT  HUNDRED  THIRTY-FIVE  OF
 THIS ARTICLE.
   §  5. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  784--B
     Cal. No. 896
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. GOUNARDES, GAUGHRAN, JACKSON, MAYER, THOMAS -- 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  --
   reported  favorably from said committee and committed to the Committee
   on Finance -- reported favorably from said committee, ordered to first
   and second report, ordered to a third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 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, 31-a, 31-b and 32 of section 375 of the
 vehicle and traffic law, subdivision 31 as amended by chapter 337 of the
 laws of 1971, subdivision 31-a as added by chapter 434 of  the  laws  of
 1979,  subdivision  31-b as added by chapter 612 of the laws of 1986 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.   (A) 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01833-11-1

 S. 784--B                           2
 
 originally installed on  the  vehicle  and  such  original  muffler  and
 exhaust system shall comply with all the requirements of this section.
   (B) NO PERSON SHALL, IN THE STATE, SELL, OFFER FOR SALE OR INSTALL ANY
 OF  THE  FOLLOWING FOR THE MUFFLER OR EXHAUST SYSTEM OF A MOTOR VEHICLE:
 A CUT-OUT, BYPASS, OR A SIMILAR DEVICE 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.
   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.
   31-a. No person shall, in the state, sell, OFFER FOR SALE  OR  install
 [or  use] a motorcycle exhaust device without internal baffles, known as
 "straight pipes".
   31-b. No person shall, in the state, sell, OFFER FOR SALE  OR  install
 [or  use]  a motorcycle exhaust device that is intentionally designed to
 allow for the internal baffling to be  fully  or  partially  removed  or
 interchangeable  OR THAT HAS BEEN MODIFIED IN A MANNER THAT WILL AMPLIFY
 OR INCREASE THE NOISE EMITTED BY THE MOTOR OF A  MOTORCYCLE  ABOVE  THAT
 EMITTED  BY  THE EXHAUST SYSTEM ORIGINALLY INSTALLED ON SUCH MOTORCYCLE.
 This subdivision shall not apply to a motorcycle manufactured or  assem-
 bled  prior  to nineteen hundred seventy-nine or a motorcycle registered
 as a limited use vehicle or an all terrain vehicle pursuant  to  article
 forty-eight-A or forty-eight-B of this chapter.
   32.  (A)  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
 other provisions of this section, including those relating to  emergency
 or  hand brakes, shall be punishable by a fine not exceeding one hundred
 fifty dollars or by imprisonment for not exceeding thirty  days,  or  by
 both such fine and imprisonment, except as herein otherwise provided.
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, A VIOLATION OF PARAGRAPH (B) OF SUBDIVISION  THIRTY-ONE,  SUBDIVI-
 SION  THIRTY-ONE-A  OR SUBDIVISION THIRTY-ONE-B OF THIS SECTION SHALL BE
 PUNISHABLE BY A FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR BY  IMPRISON-
 MENT  FOR  NOT EXCEEDING THIRTY DAYS, OR BY BOTH SUCH FINE AND IMPRISON-
 MENT.
   § 2. Subdivision 13 of section 381 of the vehicle and traffic law,  as
 added by chapter 61 of the laws of 1989, is amended to read as follows:
   13. A violation of any of the provisions of this section EXCEPT SUBDI-
 VISIONS  ELEVEN  AND  TWELVE shall be punishable by a fine not exceeding
 one hundred dollars or by imprisonment for not exceeding thirty days, or
 by both such fine and imprisonment. A VIOLATION OF SUBDIVISION ELEVEN OR
 TWELVE OF THIS SECTION SHALL BE PUNISHABLE BY A FINE NOT EXCEEDING  FIVE
 HUNDRED  DOLLARS OR BY IMPRISONMENT FOR NOT EXCEEDING THIRTY DAYS, OR BY
 BOTH SUCH FINE AND IMPRISONMENT.
   § 3.  Subdivision (e) of section 303 of the vehicle and traffic law is
 amended by adding a new paragraph 3 to read as follows:
   3. PROVIDED, HOWEVER, A LICENSE  TO  OPERATE  AN  OFFICIAL  INSPECTION
 STATION  OR  A  CERTIFICATE  TO  INSPECT  VEHICLES SHALL BE SUSPENDED OR
 REVOKED OR RENEWAL THEREOF SHALL BE REFUSED BY THE COMMISSIONER  OR  ANY
 PERSON DULY DEPUTIZED, UPON A THIRD OR SUBSEQUENT WILLFUL VIOLATION, ALL
 WITHIN  A  PERIOD  OF  EIGHTEEN MONTHS, OF ANY RULE OR REGULATION OF THE

 S. 784--B                           3
 
 COMMISSIONER REQUIRING AN INSPECTION STATION TO INSPECT THE  MUFFLER  OR
 EXHAUST  SYSTEM  OF  A  MOTORCYCLE  AS  SET  FORTH IN SUBDIVISION (C) OF
 SECTION 79.28 OF TITLE 15 OF THE CODES, RULES  AND  REGULATIONS  OF  THE
 STATE  OF  NEW  YORK.  IF  THE COMMISSIONER OR ANY PERSON DULY DEPUTIZED
 ORDERS PENALTIES TO BE PAID PURSUANT TO SUBDIVISION (H) OF THIS SECTION,
 SUCH PENALTIES SHALL BE IN ADDITION TO, BUT NOT IN LIEU  OF,  A  SUSPEN-
 SION, REVOCATION, OR RENEWAL THEREOF IMPOSED PURSUANT TO THIS PARAGRAPH.
   §  4.  Paragraphs (j) and (k) of subdivision 1 of section 398-e of the
 vehicle and traffic law, paragraphs (j) and (k) as  amended  by  chapter
 634  of the laws of 1980 and paragraph (k) as further amended by section
 104 of part A of chapter 62 of the laws of 2011, are amended and  a  new
 paragraph (l) is added to read as follows:
   (j) has knowingly issued a false or misleading estimate; [or]
   (k)  has  engaged in a course of conduct which unreasonably impedes or
 delays a consumer's right to a fair recovery pursuant to the  provisions
 of  an  automobile  insurance  policy,  the insurance law or regulations
 issued by the superintendent of financial services governing the  evalu-
 ation and adjustments of claims[.]; OR
   (L)  HAS  WILFULLY  VIOLATED  PARAGRAPH (B) OF SUBDIVISION THIRTY-ONE,
 SUBDIVISION THIRTY-ONE-A OR SUBDIVISION THIRTY-ONE-B  OF  SECTION  THREE
 HUNDRED SEVENTY-FIVE OF THIS CHAPTER.
   §  5. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.