Senate Bill S8137

2021-2022 Legislative Session

Makes certain exceptions for violations pertaining to certain mufflers and exhaust systems

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2021-S8137 (ACTIVE) - Details

See Assembly Version of this Bill:
A9999
Current Committee:
Senate Codes
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §376-a, V & T L
Versions Introduced in 2023-2024 Legislative Session:
S3332, A36

2021-S8137 (ACTIVE) - Summary

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.

2021-S8137 (ACTIVE) - Sponsor Memo

2021-S8137 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8137
 
                             I N  S E N A T E
 
                             January 26, 2022
                                ___________
 
 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:
 
   Section  1.  Subdivisions  3 and 4 of section 376-a of the vehicle and
 traffic law, subdivision 3 as amended by chapter 856 of the laws of 1990
 and subdivision 4 as amended by chapter 302 of the  laws  of  2013,  are
 amended to read as follows:
   3.  If  the  vehicle  is  being driven or operated in violation of any
 provisions of section three hundred seventy-five, three  hundred  seven-
 ty-six  or three hundred eighty-one of this article relating to required
 equipment, except a violation  described  in  subdivision  two  of  this
 section,  subdivision  THIRTY-ONE, THIRTY-ONE-A, THIRTY-ONE-B, OR forty-
 seven of section three hundred seventy-five of this article, and  except
 a  violation  relating  to  service  brakes,  such officer shall issue a
 summons, provided, however, that a summons shall not be  issued  if,  in
 the  discretion  and  at  the  request  of  such  officer, the defect is
 corrected in the presence of such officer.   The  refusal  of  a  police
 officer  to permit the repair of any defect in his presence shall not be
 reviewable, and shall not be a defense to any  violation  charged  in  a
 summons issued pursuant to the provisions of this subdivision.
   4.  Any  complaint  issued  for any violation of section three hundred
 seventy-five, three hundred seventy-six or three hundred  eighty-one  of
 this   article  relative  to  required  equipment,  except  a  violation
 described in subdivision two of this  section,  subdivision  THIRTY-ONE,
 THIRTY-ONE-A,  THIRTY-ONE-B,  OR  forty-seven  of  section three hundred
 seventy-five of this article, and except for  a  violation  relating  to
 service brakes, shall be dismissed by the court before which the summons
 is  returnable if the violation as set forth in the summons is corrected
 not later than one-half hour after sunset on the first full business day
 after the issuance of the summons and proof of such  correction  as  set
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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