NY State Senate Bill 2021-S784A

Archive: Last Bill Status - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 29, 2021	signed chap.527
Oct 22, 2021	delivered to governor
Jun 10, 2021	returned to senate passed assembly ordered to third reading rules cal.697 substituted for a471c referred to codes delivered to assembly passed senate
Jun 07, 2021	amended on third reading 784b
May 10, 2021	advanced to third reading
May 05, 2021	2nd report cal.
May 04, 2021	1st report cal.896
Apr 26, 2021	reported and committed to finance
Apr 06, 2021	print number 784a
Apr 06, 2021	amend and recommit to transportation
Jan 06, 2021	referred to transportation

Votes

- Jun 10, 2021 - Floor Vote
  S784A
  
  48
  
  Aye
  
  15
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2021
      
      aye (48)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martucci
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (15)
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  Apr 27, 2021 - Transportation Committee Vote
  S784A
  
  9
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Apr 27, 2021
      
      aye (9)
      
      Cooney
      
      Kaminsky
      
      Kaplan
      
      Kennedy
      
      Liu
      
      Mattera
      
      Persaud
      
      Reichlin-Melnick
      
      Skoufis
      
      aye wr (4)
      
      Gallivan
      
      Griffo
      
      Ramos
      
      Serino
  May 4, 2021 - Finance Committee Vote
  S784A
  
  16
  
  Aye
  
  3
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 4, 2021
      
      aye (16)
      
      Bailey
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Harckham
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      Parker
      
      Rivera
      
      Salazar
      
      Savino
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      nay (3)
      
      Borrello
      
      Ritchie
      
      Tedisco
      
      aye wr (4)
      
      Gallivan
      
      Griffo
      
      O'Mara
      
      Serino

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S784 - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§375 & 381, V & T L; amd §835, add §837-w, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S9009

2021-S784 - Summary

Relates to certain vehicle equipment violations and fines.

2021-S784 - Sponsor Memo

                                
 
BILL NUMBER: S784

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 make modifications
to their vehicles. This bill would increase the maximum fine to $1,000
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 IMPLICATION:  TBD

 
EFFECTIVE DATE:
Immediate

2021-S784 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    784
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01833-01-1

 S. 784                              2
 
   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]  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.

co-Sponsors

2021-S784A - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§375 & 381, V & T L; amd §835, add §837-w, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S9009

2021-S784A - Summary

Relates to certain vehicle equipment violations and fines.

2021-S784A - Sponsor Memo

                                
 
BILL NUMBER: S784A

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:

To improve enforcement of motor vehicle noise limits under the Vehicle
and Traffic Law

 
SUMMARY OF PROVISIONS:

Section one of this bill amends subdivisions 31 and 32 of Vehicle Traf-
fic Law § 375 to replace the criteria of "excessive or unusual" noise
with measurable noise limits prescribed in Section 386 of the Vehicle
and Traffic Law or through local law or regulation. Section one also

increases the penalty for illegal tampering of muffler and exhaust
systems from a $150 fine to a $1,000 fine.

Section two of the bill amends subdivisions 1 and 13 of Section 381 of
the Vehicle and Traffic Law (VTL) to make concomitant changes to the
statute governing motorcycles (although motorcycles are included in the
definition of "motor vehicle" in VTL and so are also covered under the
provisions of section one of this bill).

Section three of this bill adds a new subdivision 11 to Section 835 of
the Executive Law to establish a definition of "decibel reader."

Section four of this bill amends Section 837-w of the Executive Law to
require all police departments in this state to equip their vehicles
with decibel readers.

Section five provides the effective date.

 
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 make
modifications to their vehicles. This bill would increase the maximum
fine to $1,000 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
references measurable, maximum allowed noise limits already provided by
Section 386 of the Vehicle and Traffic Law, which vary by weight and
type of vehicle and speed at which the vehicle is traveling. Trucks, for
example, are limited to 86 decibels if traveling 35 mph or less and 90
decibels if traveling faster. Cars are limited to 76 decibels if travel-
ing 35 mph or less and 82 decibels if traveling faster, and motorcycles
are limited to 82 decibels if traveling 35 mph or less and 86 decibels
if faster.  Finally, this bill requires all police vehicles 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:

2020: S9009 - Referred to Rules

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
Immediate

2021-S784A - Bill Text download pdf

                            
 
                     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.

co-Sponsors

View additional co-sponsors

2021-S784B (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§375 & 381, V & T L; amd §835, add §837-w, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S9009

2021-S784B (ACTIVE) - Summary

Relates to certain vehicle equipment violations and fines.

2021-S784B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S784B

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:

To increase enforcement against motorists and repair shops that illegal-
ly modify mufflers and exhaust systems to make them excessively noisy
for motor vehicles and motorcycles.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends subdivisions 31 and 32 of Vehicle and
Traffic Law § 375 to make it illegal to sell, offer for sale, or install
a cut-out, bypass or similar device for the muffler or exhaust system of

a motor vehicle or motorcycle. The fine for a violation would be up to
$1000.

Section two of the bill amends subdivision 13 of section 381 of the
vehicle and traffic law to raise the fine to $500 for a violation of the
law prohibiting operating a motorcycle with altered exhaust systems.

Section three of the bill amends Subdivision (e) of section 303 of the
vehicle and traffic law to provide that the Commissioner of Transporta-
tion shall suspend or revoke the certificate of inspection stations upon
a third or subsequent willful violation, all within a period of eighteen
months, of any rule or regulation of the commissioner requiring an
inspection station to inspect the muffler or exhaust system of a motor-
cycle 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.

Section four of the bill amends Paragraphs (j) and (k) of subdivision 1
of § 398-e of the vehicle and traffic law to authorize the Commissioner
of Transportation to suspend or revoke the operating certificate of
repair shops that willfully violate paragraph (b) of subdivision thir-
ty-one, subdivision thirty-one-a or subdivision thirty-one-b of section
three hundred seventy-five of this chapter.

Section five sets the effective date.

 
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 make modifications
to their vehicles. This bill would increase the maximum fine to $1,000
in order to create a larger deterrent to this behavior.

 
PRIOR LEGISLATIVE HISTORY:

2020: S9009 - Referred to Rules

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the first of April next succeeding the
date on which it shall have become a law.

2021-S784B (ACTIVE) - Bill Text download pdf

                            
 
                     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.

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Senate Bill S784A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 10, 2021 - Floor Vote

Floor Vote: Jun 10, 2021

Apr 27, 2021 - Transportation Committee Vote

Transportation Committee Vote: Apr 27, 2021

May 4, 2021 - Finance Committee Vote

Finance Committee Vote: May 4, 2021

Bill Amendments

co-Sponsors

2021-S784 - Details

2021-S784 - Summary

2021-S784 - Sponsor Memo

2021-S784 - Bill Text download pdf

co-Sponsors

2021-S784A - Details

2021-S784A - Summary

2021-S784A - Sponsor Memo

2021-S784A - Bill Text download pdf

co-Sponsors

2021-S784B (ACTIVE) - Details

2021-S784B (ACTIVE) - Summary

2021-S784B (ACTIVE) - Sponsor Memo

2021-S784B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S784A

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2021-S784 - Details

2021-S784 - Summary

2021-S784 - Sponsor Memo

2021-S784 - Bill Text download pdf

co-Sponsors

2021-S784A - Details

2021-S784A - Summary

2021-S784A - Sponsor Memo

2021-S784A - Bill Text download pdf

co-Sponsors

2021-S784B (ACTIVE) - Details

2021-S784B (ACTIVE) - Summary

2021-S784B (ACTIVE) - Sponsor Memo

2021-S784B (ACTIVE) - Bill Text download pdf

Comments