NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A471C
SPONSOR: Magnarelli TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to certain
equipment violations and fines
PURPOSE OR GENERAL IDEA OF BILL:
Increase enforcement against motorists and repair shops that illegally
modify mufflers and exhausts systems to make them excessively noisy for
motor vehicles and motorcycles.
SUMMARY OF PROVISIONS:
Section one of this bill amends subdivisions 31 and 32 of Vehicle Traf-
fic Law § 375 to make it illegal to manufacture, distribute, sell, or
offer for sale a cut-out, bypass or similar device for the muffler or
exhaust system of a motor vehicle, or, for compensation, equip or
install a cut-out, bypass or similar device on the muffler or exhaust
system of a motor vehicle. The fine for a violation would be up to
$1000.
Section two of the bill amends subdivision 13 of section 381 of the
vehicle and traffic law to raise the fine to $500 for a violation of the
law prohibiting operating a motorcycle with altered exhaust systems.
Section three of the bill amends Subdivision (e) of section 303 of the
vehicle and traffic law to authorize the Commissioner of Transportation
to suspend or revoke the certificate of inspection stations upon a third
or subsequent willful violation, all within a period of eighteen months,
of any rule or regulation of the commissioner requiring an inspection
station to inspect the muffler or exhaust system of a motorcycle as set
forth in subdivision (c) of section 79.28 of title 15 of the codes,
rules and regulations of the state of New York.
Section four of the bill amends Paragraphs (j) and (k) of subdivision 1
of § 398-e of the vehicle and traffic law to authorize the Commissioner
of Transportation to suspend or revoke the operating certificate of
repair shops that willfully violate paragraph (b) of subdivision thir-
ty-one, subdivision thirty-one-a or subdivision thirty-one-b of section
three hundred seventy-five of this chapter.
Section five establishes the effective date.
JUSTIFICATION:
An increasing number of car and motorcycle enthusiasts are making
modifications to the muffler and exhaust systems of vehicles, in order
to increase the noise and pollution levels emitted. This trend is lead-
ing to multiple noise complaints, especially from residents in areas
where illegal street drag racing takes place. Excessive noise is not
simply an annoyance or inconvenience; The World Health Organization has
labeled it an "underestimated threat," and in a country where one in
four people will suffer from loss of hearing, it represents an undue
burden on people that do not have the resources to protect themselves
from it.
Current law allows for a maximum of a $150 fine for after-market
violations to muffler and exhaust systems. Not only is this a relatively
small amount when compared to other states, it is also not enough of a
deterrent to many who are spending far more money to make modifications
to their vehicles. This bill would establish new fines to deter the
behavior.
PRIOR LEGISLATIVE HISTORY:
2020: A.11077
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
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.
