Bill Text: NY A00036 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Excepts violations pertaining to mufflers and exhaust systems for cars, motorcycle exhaust devices without internal baffles and motorcycle exhaust devices that are intentionally designed to allow for the internal baffling to be fully or partially removed or interchangeable from having a summons not issued or having a summons dismissed if the violation is corrected.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-01-03 - referred to transportation [A00036 Detail]

Download: New_York-2023-A00036-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                           36

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced by M. of A. SAYEGH -- read once and referred 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:

     1    Section 1. Subdivisions 3 and 4 of section 376-a of  the  vehicle  and
     2  traffic law, subdivision 3 as amended by chapter 856 of the laws of 1990
     3  and  subdivision  4  as  amended by chapter 302 of the laws of 2013, are
     4  amended to read as follows:
     5    3. If the vehicle is being driven or  operated  in  violation  of  any
     6  provisions  of  section three hundred seventy-five, three hundred seven-
     7  ty-six or three hundred eighty-one of this article relating to  required
     8  equipment,  except  a  violation  described  in  subdivision two of this
     9  section, subdivision thirty-one, thirty-one-a, thirty-one-b,  or  forty-
    10  seven  of section three hundred seventy-five of this article, and except
    11  a violation relating to service  brakes,  such  officer  shall  issue  a
    12  summons,  provided,  however,  that a summons shall not be issued if, in
    13  the discretion and at  the  request  of  such  officer,  the  defect  is
    14  corrected  in  the  presence  of such officer.   The refusal of a police
    15  officer to permit the repair of any defect in his presence shall not  be
    16  reviewable,  and  shall  not  be a defense to any violation charged in a
    17  summons issued pursuant to the provisions of this subdivision.
    18    4. Any complaint issued for any violation  of  section  three  hundred
    19  seventy-five,  three  hundred seventy-six or three hundred eighty-one of
    20  this  article  relative  to  required  equipment,  except  a   violation
    21  described  in  subdivision  two of this section, subdivision thirty-one,
    22  thirty-one-a, thirty-one-b, or  forty-seven  of  section  three  hundred
    23  seventy-five  of  this  article,  and except for a violation relating to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01788-01-3
        A. 36                               2

     1  service brakes, shall be dismissed by the court before which the summons
     2  is returnable if the violation as set forth in the summons is  corrected
     3  not later than one-half hour after sunset on the first full business day
     4  after  the  issuance  of the summons and proof of such correction as set
     5  forth in subdivision five of this section is submitted to the court. For
     6  the purposes of this subdivision, "business day" shall mean any calendar
     7  day except Saturday and Sunday, or the following business holidays:  New
     8  Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor
     9  Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.
    10    §  2.  This  act shall take effect on the ninetieth day after it shall
    11  have become a law.