Bill Text: NY S08794 | 2021-2022 | General Assembly | Introduced

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Bill Title: Restricts amplified sound coming from motor vehicles; requires motor vehicles with certain attachments or modifications to register as a commercial class vehicle.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-27 - RECOMMIT, ENACTING CLAUSE STRICKEN [S08794 Detail]

Download: New_York-2021-S08794-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8794

                    IN SENATE

                                     April 18, 2022
                                       ___________

        Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
          printed to be committed to the Committee on Aging

        AN ACT to amend the vehicle and traffic law, in relation to  restricting
          amplified  sound  coming from motor vehicles and requiring motor vehi-
          cles with certain  attachments  or  modifications  to  register  as  a
          commercial class vehicle

          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 adjoining churches, schools, hospitals and public
    13  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
    24  reasonable exercise of police power, from regulating the time and manner
    25  in which such business may be operated.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15226-01-2
        S. 8794                             2

     1    4. The provisions of this section shall not apply to the noise made by
     2  a  horn or other warning device equipped in a motor vehicle. The depart-
     3  ment shall promulgate rules defining "plainly audible"  and  "convenient
     4  hearing"  and establish standards regarding how sound should be measured
     5  by law enforcement personnel who enforce the provisions of this section.
     6    5.  A violation of this section shall be a noncriminal traffic infrac-
     7  tion and shall result in a fine of forty dollars for the first  offense,
     8  a  fine  of  one hundred dollars for the second and third offense, and a
     9  fine of two hundred dollars and possible confiscation of the vehicle for
    10  each additional subsequent offense.
    11    § 2. The vehicle and traffic law is amended by adding  a  new  section
    12  401-c to read as follows:
    13    §  401-c.  Certain  vehicle  modifications  requiring commercial class
    14  registration. Any passenger motor vehicle which is modified  to  have  a
    15  rigid,  fixed  or  permanent attachment that (a) increases the height of
    16  such vehicle, (b) is wired  to  or  powered  by  such  vehicle,  or  (c)
    17  requires  such vehicle to be considered a specialized use truck pursuant
    18  to 16 NYCRR Part 106.2 shall be required to be registered as  a  commer-
    19  cial  class  vehicle. The department shall promulgate rules to establish
    20  which modifications and  attachments  violate  the  provisions  of  this
    21  section and shall make such rules available to the public on the depart-
    22  ment's  website once established. Failure to register a motor vehicle as
    23  a commercial class vehicle pursuant to  this  section  shall  result  in
    24  penalties which shall be established by the department.
    25    § 3. This act shall take effect immediately.