S T A T E O F N E W Y O R K
________________________________________________________________________
9009
I N S E N A T E
September 25, 2020
___________
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
S. 9009 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.