Restricts amplified sound coming from motor vehicles; allows for exceptions for certain police vehicles and certain vehicles used for business or political purposes.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A782
SPONSOR: Berger TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to restricting
amplified sound coming from motor vehicles
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would prohibit the excessive amplification of sound
produced by motor vehicles.
SUMMARY OF PROVISIONS:
Section 1 of the bill establishes that amplification of sound produced
by a device attached to a motor vehicle that is either (1) plainly audi-
ble .twenty-five feet or more from the motor vehicle, or (2) louder than
necessary for the convenient hearing by persons inside and in close
proximity to defined locations is prohibited. This same section of the
bill also identifies vehicles and certain devices that are exempt from
the provisions of § 397-d(a) and (b). Lastly, subsection five of section
1 of the bill outlines that a violation of § 397-d(a) or (b) is an
unclassified misdemeanor punishable by a fine of forty dollars for the
first offense, a fine of one hundred dollars for the second and third
offense, and a fine of two hundred dollars and possible confiscation of
the vehicle for each additional subsequent offense.
Section 2 of the bill provides the effective date.
JUSTIFICATION:
The proposed amendment to the vehicle and traffic law, which seeks to
restrict the extreme operation of sound-making devices in motor vehi-
cles, is essential for fostering a more harmonious and respectful commu-
nity. Excessive noise from vehicles not only disrupts the peace but can
also have detrimental effects on public health, particularly in areas
near schools, hospitals, and parks where quiet is crucial. By establish-
ing clear limits on audible sound levels, this legislation aims to
enhance the quality of life for residents and pedestrians, ensuring that
all individuals can enjoy their neighborhoods without the intrusion of
loud music or noise pollution. Furthermore, the bill includes provisions
that exempt emergency and law enforcement vehicles, balancing the need
for public safety while prioritizing community comfort.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
782
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. BERGER -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to restricting
amplified sound coming from motor vehicles
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 397-d to read as follows:
3 § 397-d. Restrictions on the operation of sound making devices or
4 instruments in motor vehicles. 1. It shall be prohibited for any person
5 operating or occupying a motor vehicle on a street or highway to operate
6 or amplify the sound produced by a radio, tape player, or other mechan-
7 ical sound making device or instrument from within the motor vehicle so
8 that such sound is:
9 (a) plainly audible at a distance of twenty-five feet or more from the
10 motor vehicle; or
11 (b) louder than necessary for the convenient hearing by persons inside
12 the vehicle in areas in proximity to churches, schools, hospitals and
13 public parks.
14 2. The provisions of this section shall not apply to any law enforce-
15 ment motor vehicle equipped with any communication device necessary in
16 the performance of law enforcement duties or to any emergency vehicle
17 equipped with any communication device necessary in the performance of
18 any emergency procedures.
19 3. The provisions of this section shall not apply to motor vehicles
20 used for business or political purposes, which in the normal course of
21 conducting such business use sound making devices. The provisions of
22 this subdivision shall not be deemed to prevent local authorities, with
23 respect to streets and highways under their jurisdiction and within the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00965-01-5
A. 782 2
1 reasonable exercise of police power, from regulating the time and manner
2 in which such business may be operated.
3 4. The provisions of this section shall not apply to the noise made by
4 a horn or other warning device equipped in a motor vehicle. The depart-
5 ment shall promulgate rules defining "plainly audible" and "convenient
6 hearing" and establish standards regarding how sound should be measured
7 by law enforcement personnel who enforce the provisions of this section.
8 5. A violation of this section shall be an unclassified misdemeanor
9 punishable by a fine of forty dollars for the first offense, a fine of
10 one hundred dollars for the second and third offense, and a fine of two
11 hundred dollars and possible confiscation of the vehicle for each addi-
12 tional subsequent offense.
13 § 2. This act shall take effect immediately.
