Senate Bill S3528

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3528                                                  A. 3033
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 24, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed,  and  when printed to be committed to the Committee on Transporta-
   tion
 
 IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
   to the Committee on Transportation

 AN  ACT to amend the vehicle and traffic law, in relation to motor vehi-
   cle sound level limits for motorcycles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  386  of the vehicle and traffic law, as added by
 chapter 543 of the laws of 1976, paragraphs c and d of subdivision 3  as
 added  and  subdivision 5 as amended by chapter 315 of the laws of 1980,
 is amended to read as follows:
   § 386. Motor vehicle sound level limits. 1. As used in this section;
   a. A-weighted sound level shall mean the sound pressure level measured
 by the use of  an  instrument  with  the  metering  characteristics  and
 A-weighting frequency response prescribed for sound level meters.
   b. Combination of vehicles shall mean any device consisting of a motor
 vehicle and one or more trailers drawn by such motor vehicle.
   c.  Sound  pressure level shall mean twenty times the logarithm to the
 base ten of the ratio of the root mean squared pressure of a sound to  a
 reference  pressure  of  twenty  micropascals.  The unit applied to this
 measure shall be the decibel (dB).
   2. This section shall apply to the total sound level  emitted  from  a
 motor vehicle or a combination of vehicles.
   3. Unlawful acts.
   a. It shall be unlawful for any person to operate or cause to be oper-
 ated  on  a  public highway any motor vehicle or combination of vehicles
 with a maximum gross weight in excess of ten  thousand  pounds,  at  any
 time,  under  any condition of grade, load, acceleration or deceleration
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06765-01-7

 S. 3528                             2                            A. 3033
 
 in such a manner as to exceed the applicable A-weighted sound level  set
 forth  in  table  I.  The  maximum allowable sound levels in table I are
 based on a sound level measured at, or adjusted to, a distance of  fifty
 feet  from  the center of the lane in which the motor vehicle is travel-
 ing.
                                  TABLE I
                             MAXIMUM ALLOWABLE
                          A-WEIGHTED SOUND LEVELS
                            Maximum Speed Limit
 35 miles
 per hour                                                         over 35
 or less                                                   miles per hour
 86dB (A)                                                       90 dB (A)
   b. In addition, it shall be unlawful for  any  person  to  operate  or
 cause  to  be operated on a public highway any motor vehicle or combina-
 tion of vehicles with a maximum gross weight in excess of  ten  thousand
 pounds  and  equipped  with an engine speed governor, which generates an
 A-weighted sound level in excess of eighty-eight dB(A) measured  at,  or
 adjusted  to,  a distance of fifty feet from the longitudinal centerline
 of the vehicle, when the engine of such vehicle is accelerated from idle
 with a wide open throttle to governed speed with the vehicle stationary,
 transmission in neutral and clutch engaged.
   c. It shall be unlawful for any person to operate or cause to be oper-
 ated on a public highway any motor vehicle or combination  of  vehicles,
 except  motorcycles,  with a maximum gross weight of ten thousand pounds
 or less, at any time, under any condition of grade,  load,  acceleration
 or  deceleration in such a manner as to exceed the applicable A-weighted
 sound level set forth in table II. The maximum allowable sound levels in
 table II are based on a sound level  measured  at,  or  adjusted  to,  a
 distance  of  fifty  feet from the center of the lane in which the motor
 vehicle is traveling:
                                  TABLE II
                             MAXIMUM ALLOWABLE
                          A-WEIGHTED SOUND LEVELS
                            Maximum Speed Limit
 35 miles
 per hour                                                         over 35
 or less                                                   miles per hour
 76 dB(A)                                                        82 dB(A)
   d. It shall be unlawful for any person to operate or cause to be oper-
 ated on a public highway any motorcycle, at any time, under  any  condi-
 tion of grade, load, acceleration or deceleration in such a manner as to
 exceed the applicable A-weighted sound level set forth in table III. The
 maximum  allowable  sound levels in table III are based on a sound level
 measured at, or adjusted to, a distance of fifty feet from the center of
 the lane in which the motorcycle is traveling.
                                  TABLE III
                             MAXIMUM ALLOWABLE
                          A-WEIGHTED SOUND LEVELS
                            Maximum Speed Limit
 35 miles
 per hour                                                         over 35
 or less                                                   miles per hour
 [82] 74 dB(A)                                              [86] 81 dB(A)

 S. 3528                             3                            A. 3033
 
   4. The commissioner of  environmental  conservation  shall  promulgate
 regulations  establishing the measurement procedures and instrumentation
 to be utilized in the enforcement of this section.
   a. These procedures shall allow, to the extent feasible, motor vehicle
 sound  measurements to be accomplished in reasonably confined areas such
 as residential areas of urban cities, and may provide for sound measure-
 ment at distances other than fifty feet and in  the  vicinity  of  sound
 reflecting surfaces.
   b. The regulations shall take into consideration recognized scientific
 and  professional  standards  for  the  measurement  of  vehicular sound
 levels.
   5. The provisions of this section shall  not  apply  to  vehicles  and
 implements or combinations thereof used solely for farm purposes, nor to
 authorized emergency vehicles.
   6.  Nothing in this section shall be construed as limiting or preclud-
 ing the enforcement of equipment requirements or any other provisions of
 law relating to motor vehicle noise.
   7. At intervals of not more than two years, the commissioner of  envi-
 ronmental  conservation shall report to the governor and the legislature
 on the current state of the art of motor vehicle sound level limitations
 and recommend changes as necessary.
   § 2. This act shall take effect immediately.