Increases the maximum fine for certain equipment violations; amends the threshold for violations relating to mufflers and exhaust systems; requires police vehicles to be equipped with decibel readers.
STATE OF NEW YORK
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11077
IN ASSEMBLY
October 7, 2020
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Magnarelli)
-- read once and referred 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:
1 Section 1. Subdivisions 31 and 32 of section 375 of the vehicle and
2 traffic law, subdivision 31 as amended by chapter 337 of the laws of
3 1971, and subdivision 32 as amended by section 14 of part C of chapter
4 62 of the laws of 2003, are amended to read as follows:
5 31. Mufflers and exhaust systems. Prevention of noise. Every motor
6 vehicle, operated or driven upon the highways of the state, shall at all
7 times be equipped with an adequate muffler and exhaust system in
8 constant operation and properly maintained to prevent any [excessive or
9 unusual] noise over ninety-five decibels for motorcycles and over sixty
10 decibels for other motor vehicles, and no such muffler or exhaust system
11 shall be equipped with a cut-out, bypass, or similar device. No person
12 shall modify the muffler or exhaust system of a motor vehicle in a
13 manner which will amplify or increase the noise emitted by the motor or
14 exhaust system of such vehicle above that emitted by the muffler or
15 exhaust system originally installed on the vehicle and such original
16 muffler and exhaust system shall comply with all the requirements of
17 this section.
18 A muffler is a device consisting of a series of chambers or baffle
19 plates, or other mechanical design for the purpose of receiving exhaust
20 gas from an internal combustion engine, and effective in reducing noise.
21 An exhaust system is a series of mechanical devices for the purpose of
22 receiving exhaust gas from an internal combustion engine and expelling
23 it into the atmosphere.
24 32. The violation of any of the provisions of this section with
25 respect to adequate brakes except those relating to emergency or hand
26 brakes shall constitute a misdemeanor and the violation of any of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17316-04-0
A. 11077 2
1 other provisions of this section, including those relating to emergency
2 or hand brakes, shall be punishable by a fine not exceeding one [hundred
3 fifty] thousand dollars or by imprisonment for not exceeding thirty
4 days, or by both such fine and imprisonment, except as herein otherwise
5 provided.
6 § 2. The executive law is amended by adding a new section 837-w to
7 read as follows:
8 § 837-w. Decibels readers. Every police department in this state shall
9 provide that all police vehicles are equipped with a decibel reader. As
10 used in this section, the term "police department" means any police
11 department or sheriff's office of this state or any of its political
12 subdivisions.
13 § 3. This act shall take effect immediately.
