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.
STATE OF NEW YORK
________________________________________________________________________
9999
IN ASSEMBLY
April 29, 2022
___________
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:
1 Section 1. Subdivisions 3 and 4 of section 376-a of the vehicle and
2 traffic law, subdivision 3 as amended by chapter 856 of the laws of 1990
3 and subdivision 4 as amended by chapter 302 of the laws of 2013, are
4 amended to read as follows:
5 3. If the vehicle is being driven or operated in violation of any
6 provisions of section three hundred seventy-five, three hundred seven-
7 ty-six or three hundred eighty-one of this article relating to required
8 equipment, except a violation described in subdivision two of this
9 section, subdivision thirty-one, thirty-one-a, thirty-one-b, or forty-
10 seven of section three hundred seventy-five of this article, and except
11 a violation relating to service brakes, such officer shall issue a
12 summons, provided, however, that a summons shall not be issued if, in
13 the discretion and at the request of such officer, the defect is
14 corrected in the presence of such officer. The refusal of a police
15 officer to permit the repair of any defect in his presence shall not be
16 reviewable, and shall not be a defense to any violation charged in a
17 summons issued pursuant to the provisions of this subdivision.
18 4. Any complaint issued for any violation of section three hundred
19 seventy-five, three hundred seventy-six or three hundred eighty-one of
20 this article relative to required equipment, except a violation
21 described in subdivision two of this section, subdivision thirty-one,
22 thirty-one-a, thirty-one-b, or forty-seven of section three hundred
23 seventy-five of this article, and except for a violation relating to
24 service brakes, shall be dismissed by the court before which the summons
25 is returnable if the violation as set forth in the summons is corrected
26 not later than one-half hour after sunset on the first full business day
27 after the issuance of the summons and proof of such correction as set
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13457-01-1
A. 9999 2
1 forth in subdivision five of this section is submitted to the court. For
2 the purposes of this subdivision, "business day" shall mean any calendar
3 day except Saturday and Sunday, or the following business holidays: New
4 Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor
5 Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.
6 § 2. This act shall take effect on the ninetieth day after it shall
7 have become a law.
