Bill Text: NY S03528 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides for the maximum allowable sound level limits for motorcycles.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO TRANSPORTATION [S03528 Detail]
Download: New_York-2017-S03528-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 3528 A. 3033 2017-2018 Regular Sessions SENATE - ASSEMBLY January 24, 2017 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Transporta- tion IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to motor vehi- cle sound level limits for motorcycles The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 386 of the vehicle and traffic law, as added by 2 chapter 543 of the laws of 1976, paragraphs c and d of subdivision 3 as 3 added and subdivision 5 as amended by chapter 315 of the laws of 1980, 4 is amended to read as follows: 5 § 386. Motor vehicle sound level limits. 1. As used in this section; 6 a. A-weighted sound level shall mean the sound pressure level measured 7 by the use of an instrument with the metering characteristics and 8 A-weighting frequency response prescribed for sound level meters. 9 b. Combination of vehicles shall mean any device consisting of a motor 10 vehicle and one or more trailers drawn by such motor vehicle. 11 c. Sound pressure level shall mean twenty times the logarithm to the 12 base ten of the ratio of the root mean squared pressure of a sound to a 13 reference pressure of twenty micropascals. The unit applied to this 14 measure shall be the decibel (dB). 15 2. This section shall apply to the total sound level emitted from a 16 motor vehicle or a combination of vehicles. 17 3. Unlawful acts. 18 a. It shall be unlawful for any person to operate or cause to be oper- 19 ated on a public highway any motor vehicle or combination of vehicles 20 with a maximum gross weight in excess of ten thousand pounds, at any 21 time, under any condition of grade, load, acceleration or deceleration EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06765-01-7S. 3528 2 A. 3033 1 in such a manner as to exceed the applicable A-weighted sound level set 2 forth in table I. The maximum allowable sound levels in table I are 3 based on a sound level measured at, or adjusted to, a distance of fifty 4 feet from the center of the lane in which the motor vehicle is travel- 5 ing. 6 TABLE I 7 MAXIMUM ALLOWABLE 8 A-WEIGHTED SOUND LEVELS 9 Maximum Speed Limit 10 35 miles 11 per hour over 35 12 or less miles per hour 13 86dB (A) 90 dB (A) 14 b. In addition, it shall be unlawful for any person to operate or 15 cause to be operated on a public highway any motor vehicle or combina- 16 tion of vehicles with a maximum gross weight in excess of ten thousand 17 pounds and equipped with an engine speed governor, which generates an 18 A-weighted sound level in excess of eighty-eight dB(A) measured at, or 19 adjusted to, a distance of fifty feet from the longitudinal centerline 20 of the vehicle, when the engine of such vehicle is accelerated from idle 21 with a wide open throttle to governed speed with the vehicle stationary, 22 transmission in neutral and clutch engaged. 23 c. It shall be unlawful for any person to operate or cause to be oper- 24 ated on a public highway any motor vehicle or combination of vehicles, 25 except motorcycles, with a maximum gross weight of ten thousand pounds 26 or less, at any time, under any condition of grade, load, acceleration 27 or deceleration in such a manner as to exceed the applicable A-weighted 28 sound level set forth in table II. The maximum allowable sound levels in 29 table II are based on a sound level measured at, or adjusted to, a 30 distance of fifty feet from the center of the lane in which the motor 31 vehicle is traveling: 32 TABLE II 33 MAXIMUM ALLOWABLE 34 A-WEIGHTED SOUND LEVELS 35 Maximum Speed Limit 36 35 miles 37 per hour over 35 38 or less miles per hour 39 76 dB(A) 82 dB(A) 40 d. It shall be unlawful for any person to operate or cause to be oper- 41 ated on a public highway any motorcycle, at any time, under any condi- 42 tion of grade, load, acceleration or deceleration in such a manner as to 43 exceed the applicable A-weighted sound level set forth in table III. The 44 maximum allowable sound levels in table III are based on a sound level 45 measured at, or adjusted to, a distance of fifty feet from the center of 46 the lane in which the motorcycle is traveling. 47 TABLE III 48 MAXIMUM ALLOWABLE 49 A-WEIGHTED SOUND LEVELS 50 Maximum Speed Limit 51 35 miles 52 per hour over 35 53 or less miles per hour 54 [82] 74 dB(A) [86] 81 dB(A)S. 3528 3 A. 3033 1 4. The commissioner of environmental conservation shall promulgate 2 regulations establishing the measurement procedures and instrumentation 3 to be utilized in the enforcement of this section. 4 a. These procedures shall allow, to the extent feasible, motor vehicle 5 sound measurements to be accomplished in reasonably confined areas such 6 as residential areas of urban cities, and may provide for sound measure- 7 ment at distances other than fifty feet and in the vicinity of sound 8 reflecting surfaces. 9 b. The regulations shall take into consideration recognized scientific 10 and professional standards for the measurement of vehicular sound 11 levels. 12 5. The provisions of this section shall not apply to vehicles and 13 implements or combinations thereof used solely for farm purposes, nor to 14 authorized emergency vehicles. 15 6. Nothing in this section shall be construed as limiting or preclud- 16 ing the enforcement of equipment requirements or any other provisions of 17 law relating to motor vehicle noise. 18 7. At intervals of not more than two years, the commissioner of envi- 19 ronmental conservation shall report to the governor and the legislature 20 on the current state of the art of motor vehicle sound level limitations 21 and recommend changes as necessary. 22 § 2. This act shall take effect immediately.
