Assembly Bill A36

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A36 (ACTIVE) - Details

See Senate Version of this Bill:
S3332
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §376-a, V & T L
Versions Introduced in 2021-2022 Legislative Session:
A9999, S8137

2023-A36 (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.

2023-A36 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    36
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. SAYEGH -- read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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