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A00471 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         471--C
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by M. of A. MAGNARELLI, DE LA ROSA, DINOWITZ, COLTON, SIMON,
          VANEL, SEAWRIGHT, PERRY -- read once and referred to the Committee  on
          Transportation   --   committee   discharged,  bill  amended,  ordered
          reprinted as amended  and  recommitted  to  said  committee  --  again
          reported  from  said  committee  with amendments, ordered reprinted as
          amended and recommitted to said committee -- reported and referred  to
          the  Committee on Codes -- 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
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 31, 31-a, 31-b and 32 of section  375  of  the
     2  vehicle and traffic law, subdivision 31 as amended by chapter 337 of the
     3  laws  of  1971,  subdivision 31-a as added by chapter 434 of the laws of
     4  1979, subdivision 31-b as added by chapter 612 of the laws of  1986  and
     5  subdivision  32  as amended by section 14 of part C of chapter 62 of the
     6  laws of 2003, are amended to read as follows:
     7    31. Mufflers and exhaust systems. Prevention  of  noise.    (a)  Every
     8  motor  vehicle, operated or driven upon the highways of the state, shall
     9  at all times be equipped with an adequate muffler and exhaust system  in
    10  constant  operation  and properly maintained to prevent any excessive or
    11  unusual noise and no such muffler or exhaust system  shall  be  equipped
    12  with  a  cut-out,  bypass, or similar device. No person shall modify the
    13  muffler or exhaust system of a motor vehicle  in  a  manner  which  will
    14  amplify  or increase the noise emitted by the motor or exhaust system of
    15  such vehicle above  that  emitted  by  the  muffler  or  exhaust  system
    16  originally  installed  on  the  vehicle  and  such  original muffler and
    17  exhaust system shall comply with all the requirements of this section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01833-10-1

        A. 471--C                           2
 
     1    (b) No person shall, in the state, sell, offer for sale or install any
     2  of the following for the muffler or exhaust system of a  motor  vehicle:
     3  a  cut-out,  bypass,  or a similar device which will amplify or increase
     4  the noise emitted by the motor or exhaust system of such  vehicle  above
     5  that  emitted  by  the muffler or exhaust system originally installed on
     6  the vehicle.
     7    A muffler is a device consisting of a series  of  chambers  or  baffle
     8  plates,  or other mechanical design for the purpose of receiving exhaust
     9  gas from an internal combustion engine, and effective in reducing noise.
    10    An exhaust system is a series of mechanical devices for the purpose of
    11  receiving exhaust gas from an internal combustion engine  and  expelling
    12  it into the atmosphere.
    13    31-a.  No  person shall, in the state, sell, offer for sale or install
    14  [or use] a motorcycle exhaust device without internal baffles, known  as
    15  "straight pipes".
    16    31-b.  No  person shall, in the state, sell, offer for sale or install
    17  [or use] a motorcycle exhaust device that is intentionally  designed  to
    18  allow  for  the  internal  baffling  to be fully or partially removed or
    19  interchangeable or that has been modified in a manner that will  amplify
    20  or  increase  the  noise emitted by the motor of a motorcycle above that
    21  emitted by the exhaust system originally installed on  such  motorcycle.
    22  This  subdivision shall not apply to a motorcycle manufactured or assem-
    23  bled prior to nineteen hundred seventy-nine or a  motorcycle  registered
    24  as  a  limited use vehicle or an all terrain vehicle pursuant to article
    25  forty-eight-A or forty-eight-B of this chapter.
    26    32. (a) The violation of any of the provisions of  this  section  with
    27  respect  to  adequate  brakes except those relating to emergency or hand
    28  brakes shall constitute a misdemeanor and the violation of  any  of  the
    29  other  provisions of this section, including those relating to emergency
    30  or hand brakes, shall be punishable by a fine not exceeding one  hundred
    31  fifty  dollars  or  by imprisonment for not exceeding thirty days, or by
    32  both such fine and imprisonment, except as herein otherwise provided.
    33    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    34  sion,  a  violation of paragraph (b) of subdivision thirty-one, subdivi-
    35  sion thirty-one-a or subdivision thirty-one-b of this section  shall  be
    36  punishable  by a fine not exceeding one thousand dollars or by imprison-
    37  ment for not exceeding thirty days, or by both such fine  and  imprison-
    38  ment.
    39    §  2. Subdivision 13 of section 381 of the vehicle and traffic law, as
    40  added by chapter 61 of the laws of 1989, is amended to read as follows:
    41    13. A violation of any of the provisions of this section except subdi-
    42  visions eleven and twelve shall be punishable by a  fine  not  exceeding
    43  one hundred dollars or by imprisonment for not exceeding thirty days, or
    44  by both such fine and imprisonment. A violation of subdivision eleven or
    45  twelve  of this section shall be punishable by a fine not exceeding five
    46  hundred dollars or by imprisonment for not exceeding thirty days, or  by
    47  both such fine and imprisonment.
    48    § 3.  Subdivision (e) of section 303 of the vehicle and traffic law is
    49  amended by adding a new paragraph 3 to read as follows:
    50    3.  Provided,  however,  a  license  to operate an official inspection
    51  station or a certificate to  inspect  vehicles  shall  be  suspended  or
    52  revoked  or  renewal thereof shall be refused by the commissioner or any
    53  person duly deputized, upon a third or subsequent willful violation, all
    54  within a period of eighteen months, of any rule  or  regulation  of  the
    55  commissioner  requiring  an inspection station to inspect the muffler or
    56  exhaust system of a motorcycle  as  set  forth  in  subdivision  (c)  of

        A. 471--C                           3
 
     1  section  79.28  of  title  15 of the codes, rules and regulations of the
     2  state of New York. If the commissioner  or  any  person  duly  deputized
     3  orders penalties to be paid pursuant to subdivision (h) of this section,
     4  such  penalties  shall  be in addition to, but not in lieu of, a suspen-
     5  sion, revocation, or renewal thereof imposed pursuant to this paragraph.
     6    § 4. Paragraphs (j) and (k) of subdivision 1 of section 398-e  of  the
     7  vehicle  and  traffic  law, paragraphs (j) and (k) as amended by chapter
     8  634 of the laws of 1980 and paragraph (k) as further amended by  section
     9  104  of  part A of chapter 62 of the laws of 2011, are amended and a new
    10  paragraph (l) is added to read as follows:
    11    (j) has knowingly issued a false or misleading estimate; [or]
    12    (k) has engaged in a course of conduct which unreasonably  impedes  or
    13  delays  a consumer's right to a fair recovery pursuant to the provisions
    14  of an automobile insurance policy,  the  insurance  law  or  regulations
    15  issued  by the superintendent of financial services governing the evalu-
    16  ation and adjustments of claims[.]; or
    17    (l) has wilfully violated paragraph  (b)  of  subdivision  thirty-one,
    18  subdivision  thirty-one-a  or  subdivision thirty-one-b of section three
    19  hundred seventy-five of this chapter.
    20    § 5. This act shall take effect on the first of April next  succeeding
    21  the date on which it shall have become a law. Effective immediately, the
    22  addition,  amendment  and/or  repeal of any rule or regulation necessary
    23  for the implementation of this act on its effective date are  authorized
    24  to be made and completed on or before such effective date.
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