Senate Bill S3156

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3156
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2025
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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  making
   certain  exceptions  for violations pertaining to certain mufflers and
   exhaust systems

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  3 and 4 of section 376-a of the vehicle and
 traffic law, subdivision 3 as amended by chapter 856 of the laws of 1990
 and subdivision 4 as amended by chapter 302 of the  laws  of  2013,  are
 amended to read as follows:
   3.  If  the  vehicle  is  being driven or operated in violation of any
 provisions of section three hundred seventy-five, three  hundred  seven-
 ty-six  or three hundred eighty-one of this article relating to required
 equipment, except a violation  described  in  subdivision  two  of  this
 section, PARAGRAPHS (B) AND (C) OF subdivision THIRTY-ONE, THIRTY-ONE-A,
 THIRTY-ONE-B,  OR  forty-seven  of section three hundred seventy-five of
 this article, and except a violation relating to  service  brakes,  such
 officer  shall  issue a summons, provided, however, that a summons shall
 not be issued if, in the discretion and at the request of such  officer,
 the defect is corrected in the presence of such officer.  The refusal of
 a police officer to permit the repair of any defect in [his] SUCH POLICE
 OFFICER'S  presence  shall not be reviewable, and shall not be a defense
 to any violation charged in a summons issued pursuant to the  provisions
 of this subdivision.
   4.  Any  complaint  issued  for any violation of section three hundred
 seventy-five, three hundred seventy-six or three hundred  eighty-one  of
 this   article  relative  to  required  equipment,  except  a  violation
 described in subdivision two of this section, PARAGRAPHS (B) AND (C)  OF
 subdivision  THIRTY-ONE,  THIRTY-ONE-A,  THIRTY-ONE-B, OR forty-seven of
 section three hundred seventy-five of this article,  and  except  for  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01161-03-5
              

 S. 3156                             2
 
 violation  relating  to  service brakes, shall be dismissed by the court
 before which the summons is returnable if the violation as set forth  in
 the  summons  is  corrected not later than one-half hour after sunset on
 the  first full business day after the issuance of the summons and proof
 of such correction as set forth in subdivision five of this  section  is
 submitted  to the court. For the purposes of this subdivision, "business
 day" shall mean any calendar day except  Saturday  and  Sunday,  or  the
 following  business  holidays:  New  Year's  Day, Washington's Birthday,
 Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans'  Day,
 Thanksgiving Day, and Christmas Day.
   §  2. Subdivision 31 of section 375 of the vehicle and traffic law, as
 amended by chapter 527 of the laws  of  2021,  is  amended  to  read  as
 follows:
   31. Mufflers and exhaust systems. 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].
   (B)  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.
   [(b)]  (C)  No  person  shall,  in  the state, sell, offer for sale or
 install any of the following for the muffler  or  exhaust  system  of  a
 motor vehicle: a cut-out, bypass, or a similar device 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.
   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.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.