NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1740A
SPONSOR: Dinowitz
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to inspection
of motor vehicle muffler and exhaust systems
 
PURPOSE OF BILL:
The purpose of this bill is to ensure motor vehicles are equipped with
adequate muffler or exhaust systems and that such systems do not exceed
the maximum allowable sound levels under certain conditions
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends subparagraph (a) of paragraph 1 of subdi-
vision (c) of § 301 of the vehicle and traffic law to add to the list
that must be completed during an annual vehicle safety inspection, a
check of the muffler or exhaust system to ensure adequate installation
and operation and to ensure that such system does not exceed the maximum
allowable sound levels under certain conditions. The bill also requires
the commissioner to promulgate regulations to allow for such testing of
sound levels at inspection stations.
Section two of the bill is the effective date.
 
JUSTIFICATION:
Loud car exhausts are not only an annoyance and serve no purpose on
passenger vehicles, but they also can contribute to hearing loss and
potentially harm the environment. In densely packed urban areas, loud
and poorly installed mufflers can affect one's sleep and are often found
on illegally modified vehicles. Current law already requires that motor
vehicles be equipped with adequate muffler or exhaust systems that are
un-modified and do not emit excessive noise. The maximum allowable sound
levels for vehicles depends on their weight and classification. For
vehicles that weigh above 10,000 pounds, they must not exceed 86 deci-
bels when traveling 35 miles per hour or less, while the limit for vehi-
cles that weigh 10,000 pounds or less is set at 76 decibels when travel-
ing 35 miles per hour or less. Additionally, the limit for motorcycles
is currently set at 82 decibels when traveling at 35 miles per hour or
less. These limits are aimed at helping reduce the damage caused by
excessively loud car exhausts.
However, enforcement of such requirements is difficult and sporadic.
This bill would remedy this situation by adding a muffler-check to a
vehicle's annual inspection. Such check would ensure vehicles are
equipped with adequate muffler or exhaust systems and that such systems
do not exceed the maximum allowable sound levels under current law.
 
PRIOR LEGISLATIVE HISTORY:
2021-22: A.2472 - Transportation
2019-20: A.11140 - Transportation
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
This act shall take effect one year after is shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
1740--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 20, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee 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 inspection
of motor vehicle muffler and exhaust systems
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (a) of paragraph 1 of subdivision (c) of
2 section 301 of the vehicle and traffic law, as amended by chapter 444 of
3 the laws of 2016, is amended to read as follows:
4 (a) A safety inspection shall be made with respect to the brakes;
5 steering mechanism; wheel alignment; lights, including but not limited
6 to the lights which are designed and placed on a vehicle for the purpose
7 of illuminating the vehicle's license plates; odometer; tire pressure;
8 seat safety belts; shoulder harness safety belts; any window which is
9 composed of, covered by or treated with any material which has a light
10 transmittance of less than seventy percent pursuant to section three
11 hundred seventy-five of this title; muffler or exhaust system pursuant
12 to subdivision thirty-one of section three hundred seventy-five of this
13 title and the maximum allowable sound levels as set forth in section
14 three hundred eighty-six of this title, provided that the commissioner
15 shall promulgate regulations regarding the relative basis for testing
16 such levels at inspection stations and such other mechanisms and equip-
17 ment as shall be determined by the commissioner to be necessary for
18 proper and safe operations. Such inspection shall also be made with
19 respect to vehicle identification number. Upon inspection, the mileage
20 appearing on the odometer shall be recorded upon the inspection sticker.
21 § 2. This act shall take effect one year after is shall have become a
22 law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00904-02-3