S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    784
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01833-01-1
              

 S. 784                              2
 
   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
 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  784--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  GOUNARDES,  GAUGHRAN,  JACKSON  -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Transportation   --   committee   discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 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 WHICH EXCEEDS THE MAXIMUM ALLOWABLE  SOUND  LEVEL  LIMITS
 PRESCRIBED  IN SECTION THREE HUNDRED EIGHTY-SIX OF THIS TITLE OR THROUGH
 LOCAL LAW, RULE, OR REGULATION IN RELATION TO MOTOR VEHICLES AND  MOTOR-
 CYCLES,  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  vehi-
 cle  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. PROVIDED THAT
 THE AMENDMENTS MADE BY THE CHAPTER OF THE LAWS OF TWO  THOUSAND  TWENTY-
 ONE  WHICH AMENDED THIS SUBDIVISION SHALL NOT MODIFY OR OTHERWISE AFFECT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01833-02-1

 S. 784--A                           2
 
 EXISTING INSPECTION PROGRAMS FOR MOTOR TRUCKS OR BUSES PURSUANT  TO  THE
 RULES  AND  REGULATIONS OF THE COMMISSIONER, COMMISSIONER OF TRANSPORTA-
 TION, OR COMMISSIONER OF ENVIRONMENTAL CONSERVATION,  INCLUDING  WITHOUT
 LIMITATION  ARTICLES NINETEEN-A AND NINETEEN-B OF THIS CHAPTER OR MODIFY
 OR OTHERWISE AFFECT EXISTING APPLICABLE  NOISE  LIMITS  OR  MUFFLER  AND
 EXHAUST REQUIREMENTS.
   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
 other  provisions of this section, including those relating to emergency
 or hand brakes, shall be punishable by a fine not exceeding one  hundred
 fifty  dollars  or  by imprisonment for not exceeding thirty days, or by
 both such fine and imprisonment, except as herein otherwise provided.  A
 VIOLATION  OF SUBDIVISION THIRTY-ONE OF THIS SECTION SHALL BE SUBJECT TO
 A FINE OF ONE THOUSAND DOLLARS OR BY IMPRISONMENT NOT  EXCEEDING  THIRTY
 DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   §    2.   Paragraph (a) of subdivision 1 and subdivision 13 of section
 381 of the vehicle and traffic law, paragraph (a) of  subdivision  1  as
 amended  by  chapter 590 of the laws of 1970, subdivision 13 as added by
 chapter 61 of the laws of 1989, are amended to read as follows:
   (a) Every motorcycle, driven upon the public highways of  this  state,
 shall  be provided with adequate brakes in good working order and suffi-
 cient to control such motorcycle at all times, when the same is in  use,
 a  suitable  and  adequate bell, horn or other device for signaling, one
 red to amber stop lamp and shall,  whenever  such  motorcycle  is  being
 operated upon the public highways of the state, display one lighted lamp
 in  front and one on the rear, or, when such motorcycle is operated with
 a passenger or other truck attached to the side or front two such  lamps
 on the front and one on the rear; and in all cases the lamps on a motor-
 cycle  shall include a red light visible from the rear. The rays of such
 rear lamp shall shine upon the number plate carried on the rear of  such
 motorcycle  in such manner as to render the numerals thereon visible for
 at least fifty feet in  the  direction  from  which  the  motorcycle  is
 proceeding.  The  light  of  the front lamp or lamps shall be visible at
 least two hundred feet in the  direction  in  which  the  motorcycle  is
 proceeding.  Every  such  motorcycle  shall  have  a suitable muffler or
 device to prevent unnecessary noise from exhaust gases, and the  use  of
 so-called "cut-outs" is prohibited, PROVIDED THAT SUCH MUFFLER OR DEVICE
 SHALL  AT A MINIMUM PREVENT UNNECESSARY NOISE FROM EXCEEDING THE MAXIMUM
 ALLOWABLE SOUND LEVEL LIMITS PRESCRIBED IN SECTION THREE HUNDRED  EIGHT-
 Y-SIX  OF  THIS  TITLE  OR  THROUGH  LOCAL  LAW,  RULE, OR REGULATION IN
 RELATION TO MOTORCYCLES.
   13. 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.  PROVIDED, HOWEVER, THAT A VIOLATION OF SUBDIVISION ONE, ELEVEN OR
 TWELVE OF THIS SECTION OR  WITH RESPECT TO UNNECESSARY  NOISE  SHALL  BE
 PUNISHABLE  BY A FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR BY IMPRISON-
 MENT NOT EXCEEDING THIRTY DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT.

 S. 784--A                           3
 
   § 3. Section 835 of the executive law  is  amended  by  adding  a  new
 subdivision 11 to read as follows:
   11.  "DECIBEL  READER"  SHALL  REFER TO A MEASURING INSTRUMENT USED TO
 ASSESS NOISE OR SOUND LEVELS  BY  MEASURING  SOUND  PRESSURE  AND  WHICH
 EXPRESSES SUCH LEVEL IN THE UNIT OF A DECIBEL (DB).
   §  4. The   executive  law is amended by adding a new section 837-w to
 read as follows:
   § 837-W. DECIBEL READERS. EVERY POLICE DEPARTMENT IN  THIS  STATE,  AS
 SUCH  TERM  IS  DEFINED  IN SECTION EIGHT HUNDRED THIRTY-SEVEN-C OF THIS
 ARTICLE, SHALL, SUBJECT TO APPROPRIATION OR UPON THE POLICE DEPARTMENT'S
 DETERMINATION THAT SUFFICIENT RESOURCES ARE AVAILABLE, EQUIP ALL  POLICE
 VEHICLES  WITHIN THEIR DEPARTMENT WITH A DECIBEL READER, AS SUCH TERM IS
 DEFINED IN SUBDIVISION ELEVEN OF SECTION EIGHT  HUNDRED  THIRTY-FIVE  OF
 THIS ARTICLE.
   §  5. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.