The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11077
 
                           I N  A S S E M B L Y
 
                              October 7, 2020
                                ___________
 
 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:
 
   Section 1. Subdivisions 31 and 32 of section 375 of  the  vehicle  and
 traffic  law,  subdivision  31  as amended by chapter 337 of the laws of
 1971, and subdivision 32 as amended by section 14 of part C  of  chapter
 62 of the laws of 2003, are amended to read as follows:
   31.  Mufflers  and  exhaust  systems. Prevention of noise. 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 OVER NINETY-FIVE DECIBELS FOR MOTORCYCLES AND OVER  SIXTY
 DECIBELS FOR OTHER MOTOR VEHICLES, 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  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.
   An exhaust system is a series of mechanical devices for the purpose of
 receiving  exhaust  gas from an internal combustion engine and expelling
 it into the atmosphere.
   32. The violation of any  of  the  provisions  of  this  section  with
 respect  to  adequate  brakes except those relating to emergency or hand
 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
 
 other  provisions of this section, including those relating to emergency
 or hand brakes, shall be punishable by a fine not exceeding one [hundred
 fifty] THOUSAND dollars or by  imprisonment  for  not  exceeding  thirty
 days,  or by both such fine and imprisonment, except as herein otherwise
 provided.
   § 2. The executive law is amended by adding a  new  section  837-w  to
 read as follows:
   § 837-W. DECIBELS READERS. EVERY POLICE DEPARTMENT IN THIS STATE SHALL
 PROVIDE  THAT ALL POLICE VEHICLES ARE EQUIPPED WITH A DECIBEL READER. AS
 USED IN THIS SECTION, THE TERM  "POLICE  DEPARTMENT"  MEANS  ANY  POLICE
 DEPARTMENT  OR  SHERIFF'S  OFFICE  OF THIS STATE OR ANY OF ITS POLITICAL
 SUBDIVISIONS.
   § 3. This act shall take effect immediately.