Bill Text: NY S09009 | 2019-2020 | General Assembly | Introduced

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Bill Title: Increases the maximum fine for certain equipment violations; amends the threshold for violations relating to mufflers and exhaust systems; requires police vehicles to be equipped with decibel readers.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-09-25 - REFERRED TO RULES [S09009 Detail]

Download: New_York-2019-S09009-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9009

                    IN SENATE

                                   September 25, 2020
                                       ___________

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

        AN  ACT  to  amend  the  vehicle and traffic law, in relation to certain
          equipment violations and fines; and to amend  the  executive  law,  in
          relation  to  requiring  police vehicles to be equipped with a decibel
          reader

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivisions  31 and 32 of section 375 of the vehicle and
     2  traffic law, subdivision 31 as amended by chapter 337  of  the  laws  of
     3  1971,  and  subdivision 32 as amended by section 14 of part C of chapter
     4  62 of the laws of 2003, are amended to read as follows:
     5    31. Mufflers and exhaust systems. Prevention  of  noise.  Every  motor
     6  vehicle, operated or driven upon the highways of the state, shall at all
     7  times  be  equipped  with  an  adequate  muffler  and  exhaust system in
     8  constant operation and properly maintained to prevent any [excessive  or
     9  unusual]  noise over ninety-five decibels for motorcycles and over sixty
    10  decibels for other motor vehicles, and no such muffler or exhaust system
    11  shall be equipped with a cut-out, bypass, or similar device.  No  person
    12  shall  modify  the  muffler  or  exhaust  system of a motor vehicle in a
    13  manner which will amplify or increase the noise emitted by the motor  or
    14  exhaust  system  of  such  vehicle  above that emitted by the muffler or
    15  exhaust system originally installed on the  vehicle  and  such  original
    16  muffler  and  exhaust  system  shall comply with all the requirements of
    17  this section.
    18    A muffler is a device consisting of a series  of  chambers  or  baffle
    19  plates,  or other mechanical design for the purpose of receiving exhaust
    20  gas from an internal combustion engine, and effective in reducing noise.
    21    An exhaust system is a series of mechanical devices for the purpose of
    22  receiving exhaust gas from an internal combustion engine  and  expelling
    23  it into the atmosphere.
    24    32.  The  violation  of  any  of  the  provisions of this section with
    25  respect to adequate brakes except those relating to  emergency  or  hand
    26  brakes  shall  constitute  a misdemeanor and the violation of any of the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17316-04-0
        S. 9009                             2

     1  other provisions of this section, including those relating to  emergency
     2  or hand brakes, shall be punishable by a fine not exceeding one [hundred
     3  fifty]  thousand  dollars  or  by  imprisonment for not exceeding thirty
     4  days,  or by both such fine and imprisonment, except as herein otherwise
     5  provided.
     6    § 2. The executive law is amended by adding a  new  section  837-w  to
     7  read as follows:
     8    § 837-w. Decibels readers. Every police department in this state shall
     9  provide  that all police vehicles are equipped with a decibel reader. As
    10  used in this section, the term  "police  department"  means  any  police
    11  department  or  sheriff's  office  of this state or any of its political
    12  subdivisions.
    13    § 3. This act shall take effect immediately.