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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2552A
SPONSOR: Sayegh TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to making
certain exceptions for violations pertaining to certain mufflers and
exhaust systems
PURPOSE:
To require individuals that receive noise violations as a result of a
modified muffler to appear before a judge and cannot receive an adminis-
trative dismissal.
SUMMARY OF PROVISIONS:
Section 1 amends subdivisions 3 and 4 of section 376-a of the vehicle
and traffic law, adding traffic violations originating from muffler
noise to the list of non-correctable equipment violations.
Section 2 sets the effective date.
JUSTIFICATION:
Under current law, in most circumstances, when an individual is issued
an equipment related violation, they have until the end of the next
business day to correct the equipment violation and if corrected within
that time, the court dismisses the violation administratively, without
the need for the person to appear in court. This bill adds muffler
violations involving muffler modifications that would amplify the noise
emitted from the muffler or the sale of equipment that will amplify the
noise emitted to the category of equipment violations that require an
appearance before a judge before the violation can be dismissed.
Requiring an appearance before a judge for noise-related violations is
an additional way that we can help combat the issues caused by noise
pollution. There has been a steady increase in the number of complaints
about noise being omitted by cars from modifications throughout the
pandemic. As the streets have seen a decrease in regular traffic, resi-
dents have been disturbed during by the sound of racing vehicles. For
those that intentionally modify their vehicles to omit more noise,
getting "proof" of a correction does nothing to prevent or discourage
remodifying the vehicle once the ticket is dismissed. Requiring an
appearance before a judge adds extra accountability.
LEGISLATIVE HISTORY:
(2023-24) S3332/A36 : Referred to Transportation; Referred to Transpor-
tation in the Assembly
(2021-22) S8137/A9999 : Reported from Transportation and Referred to
Codes; Referred to Transportation in the Assembly
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
