S T A T E O F N E W Y O R K
________________________________________________________________________
5980
2009-2010 Regular Sessions
I N A S S E M B L Y
February 23, 2009
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Introduced by M. of A. ZEBROWSKI, BENEDETTO, CASTRO, FIELDS, GALEF,
GOTTFRIED, JAFFEE, KOON, LANCMAN, REILLY, SPANO, TITONE -- Multi-Spon-
sored by -- M. of A. DelMONTE, DINOWITZ, GREENE, HEVESI, MAISEL, McEN-
ENY, PHEFFER, SCHIMEL, WEISENBERG -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to providing
penalties for the operation of a motor vehicle without required
muffler and exhaust system equipment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 31, 31-a and 31-b of section 375 of the vehi-
cle and traffic law, subdivision 31 as amended by chapter 337 of the
laws of 1971, subdivision 31-a as added by chapter 434 of the laws of
1979 and subdivision 31-b as added by chapter 612 of the laws of 1986,
are amended to read as follows:
31. Mufflers and exhaust systems[. Prevention]; PREVENTION of noise.
(A) Every motor vehicle, operated or driven upon the highways of the
state, shall at all times be equipped with an adequate muffler and
exhaust system in constant operation and properly maintained to prevent
any excessive or unusual noise and no such muffler or exhaust system
shall be equipped with a cut-out, bypass, or similar device. No person
shall modify the muffler or exhaust system of a motor vehicle in a
manner which will amplify or increase the noise emitted by the motor or
exhaust system of such vehicle above that emitted by the muffler or
exhaust system originally installed on the vehicle and such original
muffler and exhaust system shall comply with all the requirements of
this section.
[A muffler is] AS USED IN THIS SUBDIVISION, A "MUFFLER" MEANS a device
consisting of a series of chambers or baffle plates, or other mechanical
design for the purpose of receiving exhaust gas from an internal
combustion engine, and effective in reducing noise.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01518-05-9
A. 5980 2
[An exhaust system is] AS USED IN THIS SUBDIVISION, AN "EXHAUST
SYSTEM" MEANS a series of mechanical devices for the purpose of receiv-
ing exhaust gas from an internal combustion engine and expelling it into
the atmosphere.
[31-a.] (B) No person shall, in the state, sell, install or use a
motorcycle exhaust device without internal baffles, known as "straight
pipes".
[31-b.] (C) No person shall, in the state, sell, install or use a
motorcycle exhaust device that is intentionally designed to allow for
the internal baffling to be fully or partially removed or interchangea-
ble. This subdivision shall not apply to a motorcycle manufactured or
assembled prior to nineteen hundred seventy-nine or a motorcycle regis-
tered as a limited use vehicle or an all terrain vehicle pursuant to
article forty-eight-A or forty-eight-B of this chapter.
(D) A VIOLATION OF ANY OF THE PROVISIONS OF THIS SUBDIVISION SHALL BE
PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS AND/OR REMOVAL
OF THE MUFFLER AND EXHAUST SYSTEM THAT IS THE SUBJECT OF THE VIOLATION
FOR A FIRST OFFENSE. A VIOLATION OF ANY OF THE PROVISIONS OF THIS SUBDI-
VISION SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED
DOLLARS AND/OR REMOVAL OF THE MUFFLER AND EXHAUST SYSTEM THAT IS THE
SUBJECT OF THE VIOLATION FOR A SECOND OFFENSE. A VIOLATION OF ANY OF THE
PROVISIONS OF THIS SUBDIVISION SHALL BE PUNISHABLE BY A FINE OF NOT MORE
THAN ONE THOUSAND DOLLARS AND/OR REMOVAL OF THE MUFFLER AND EXHAUST
SYSTEM THAT IS THE SUBJECT OF THE VIOLATION FOR A THIRD OFFENSE AND/OR
THE IMPOSITION OF TWO POINTS ON THE VIOLATOR'S RECORD.
S 2. Subdivision 13 of section 381 of the vehicle and traffic law, as
added by chapter 61 of the laws of 1989, is amended to read as follows:
13. [A] (A) EXCEPT AS IS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVI-
SION, A violation of any of the provisions of this section shall be
punishable by a fine not exceeding one hundred dollars or by imprison-
ment for not exceeding thirty days, or by both such fine and imprison-
ment.
(B) A VIOLATION OF ANY OF THE PROVISIONS OF SUBDIVISIONS ELEVEN AND
TWELVE OF THIS SECTION SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN
ONE HUNDRED DOLLARS AND/OR REMOVAL OF THE MUFFLER AND EXHAUST SYSTEM
THAT IS THE SUBJECT OF THE VIOLATION FOR A FIRST OFFENSE. A VIOLATION OF
ANY OF THE PROVISIONS OF SUBDIVISIONS ELEVEN AND TWELVE OF THIS SECTION
SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS
AND/OR REMOVAL OF THE MUFFLER AND EXHAUST SYSTEM THAT IS THE SUBJECT OF
THE VIOLATION FOR A SECOND OFFENSE. A VIOLATION OF ANY OF THE PROVISIONS
OF SUBDIVISIONS ELEVEN AND TWELVE OF THIS SECTION SHALL BE PUNISHABLE BY
A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS AND/OR REMOVAL OF THE
MUFFLER AND EXHAUST SYSTEM THAT IS THE SUBJECT OF THE VIOLATION FOR A
THIRD OFFENSE AND/OR THE IMPOSITION OF TWO POINTS ON THE VIOLATOR'S
RECORD.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.