Motopsychoz MC

For everyone that thought that only nyc would be affected. Look at a bill that will not only ticket but now put points on our license. This is why we need your support when we go to Albany and DC. We told you that it was a matter of time before the other municipalities jumped on board.

A05980 Summary:

BILL NO    A05980
SAME AS    No same as
SPONSOR    Zebrowski (MS)
COSPNSR    Benedetto, Castro, Fields, Galef, Gottfried, Jaffee, Koon, Lancman, Reilly, Spano, Titone
MLTSPNSR   DelMonte, Dinowitz, Greene, Hevesi, Maisel, McEneny, Pheffer, Schimel, Weisenberg
Amd SS375 & 381, V & T L
Provides for penalties for operation of a motorcycle without required
equipment.
A05980 Actions:

BILL NO    A05980
02/23/2009 referred to transportation
A05980 Votes:
A05980 Memo:

BILL NUMBER:  A05980
TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to providing penalties for the operation of a motor vehicle without required muffler and exhaust system equipment PURPOSE OF THE BILL : This bill would increase penalties for operation of a motor vehicle and motorcycle without required exhaust systems

SUMMARY OF PROVISIONS : Section 1 and 2 of this bill are amend sections 375 and 381 of the vehicle and traffic law as it relates to increasing penalties for installing an illegal exhaust system on motorcycles and motor vehicles. A first offense violation shall be punishable by a fine up to $100 and/or removal of the muffler and exhaust system. A second offense violation shall be punishable by a fine no more than $500 and/or removal of the muffler and exhaust system. A third offense violation shall be punishable by a fine no more than $1000 and/or removal of the muffler and exhaust system and/or the imposition of two points on the violator’s record.

JUSTIFICATION : Across the state communities have been struggling with cars that are altered to make them extremely loud and often unsafe. A vehicle with an altered muffler and exhaust system can literally shake the windows of a home as it speeds down the street at night. Unfortunately, enforcement of current laws is insufficient as offenders, pay the fine and merely continue to violate the law. This bill would increase the penalties for altering mufflers on motor vehicles and motorcycles.

PRIOR LEGISLATIVE HISTORY : New Bill.

FISCAL IMPLICATIONS FOR STATE : None.

EFFECTIVE DATE : This act shall take effect on the one hundred eightieth day after it shall have become law.

S T A T E   O F   N E W   Y O R K

5980

2009-2010 Regular Sessions

I N A S S E M B L Y

February 23, 2009

Introduced  by  M.  of  A.  ZEBROWSKI, BENEDETTO, CASTRO, FIELDS, GALEF, GOTTFRIED, JAFFEE, KOON, LANCMAN, REILLY, SPANO, TITONE — Multi-Spon- sored by — M. of A. DelMONTE, DINOWITZ, GREENE, HEVESI, MAISEL, McENENY, PHEFFER, SCHIMEL, WEISENBERG — read once  and  referred  to  the Committee on Transportation

AN  ACT  to  amend the vehicle and traffic law, in relation to providing penalties for the  operation  of  a  motor  vehicle  without  required muffler and exhaust system equipment

THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.  Subdivisions 31, 31-a and 31-b of section 375 of the vehicle and traffic law, subdivision 31 as amended by  chapter  337  of  the laws  of  1971,  subdivision 31-a as added by chapter 434 of the laws of 1979 and subdivision 31-b as added by chapter 612 of the laws  of  1986, are amended to read as follows: 31.  Mufflers and exhaust systems [. Prevention]; PREVENTION of noise. (A) Every motor vehicle, operated or driven upon  the  highways  of  the state,  shall  at  all  times  be  equipped with an adequate muffler and exhaust system in constant operation and properly maintained to  prevent any  excessive  or  unusual  noise and no such muffler or exhaust system shall be equipped with a cut-out, bypass, or similar device.  No  person shall  modify  the  muffler  or  exhaust  system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor  or exhaust  system  of  such  vehicle  above that emitted by the muffler or exhaust system originally installed on the  vehicle  and  such  original muffler  and  exhaust  system  shall comply with all the requirements of this section. [A muffler is] AS USED IN THIS SUBDIVISION, A “MUFFLER” MEANS a device consisting of a series of chambers or baffle plates, or other mechanical design for the  purpose  of  receiving  exhaust  gas  from  an  internal combustion engine, and effective in reducing noise.

EXPLANATION–Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01518-05-9
A. 5980                             2

[An  exhaust  system  is]  AS  USED  IN  THIS SUBDIVISION, AN “EXHAUST SYSTEM” MEANS a series of mechanical devices for the purpose of  receiving exhaust gas from an internal combustion engine and expelling it into the atmosphere. [31-a.]  (B)  No  person  shall,  in the state, sell, install or use a motorcycle exhaust device without internal baffles, known  as  “straight pipes”. [31-b.]  (C)  No  person  shall,  in the state, sell, install or use a motorcycle exhaust device that is intentionally designed  to  allow  for the  internal baffling to be fully or partially removed or interchangeable. This subdivision shall not apply to a  motorcycle  manufactured  or assembled  prior to nineteen hundred seventy-nine or a motorcycle registered as a limited use vehicle or an all  terrain  vehicle  pursuant  to article forty-eight-A or forty-eight-B of this chapter. (D)  A VIOLATION OF ANY OF THE PROVISIONS OF THIS SUBDIVISION SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS AND/OR REMOVAL OF THE MUFFLER AND EXHAUST SYSTEM THAT IS THE SUBJECT OF  THE VIOLATION FOR A FIRST OFFENSE. A VIOLATION OF ANY OF THE PROVISIONS OF THIS SUBDIVISION SHALL  BE  PUNISHABLE  BY  A  FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS AND/OR REMOVAL OF THE MUFFLER AND EXHAUST  SYSTEM  THAT IS THE SUBJECT OF THE VIOLATION FOR A SECOND OFFENSE. A VIOLATION OF ANY OF THE PROVISIONS OF THIS SUBDIVISION SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS AND/OR REMOVAL OF THE MUFFLER AND EXHAUST SYSTEM THAT IS THE SUBJECT OF THE VIOLATION FOR A THIRD OFFENSE AND/OR THE IMPOSITION OF TWO POINTS ON THE VIOLATOR’S RECORD. S  2. Subdivision 13 of section 381 of the vehicle and traffic law, as added by chapter 61 of the laws of 1989, is amended to read as follows: 13.  [A] (A) EXCEPT AS IS PROVIDED IN PARAGRAPH (B) OF  THIS  SUBDIVISION,  A  violation  of  any  of the provisions of this section shall be punishable by a fine not exceeding one hundred dollars or  by  imprisonment  for  not exceeding thirty days, or by both such fine and imprisonment. (B) A VIOLATION OF ANY OF THE PROVISIONS OF  SUBDIVISIONS  ELEVEN  AND TWELVE  OF  THIS  SECTION SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS AND/OR REMOVAL OF THE  MUFFLER  AND  EXHAUST  SYSTEM THAT IS THE SUBJECT OF THE VIOLATION FOR A FIRST OFFENSE. A VIOLATION OF ANY  OF THE PROVISIONS OF SUBDIVISIONS ELEVEN AND TWELVE OF THIS SECTION SHALL BE PUNISHABLE BY A FINE OF NOT  MORE  THAN  FIVE  HUNDRED  DOLLARS AND/OR  REMOVAL OF THE MUFFLER AND EXHAUST SYSTEM THAT IS THE SUBJECT OF THE VIOLATION FOR A SECOND OFFENSE. A VIOLATION OF ANY OF THE PROVISIONS OF SUBDIVISIONS ELEVEN AND TWELVE OF THIS SECTION SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE  THOUSAND  DOLLARS  AND/OR  REMOVAL  OF  THE MUFFLER  AND  EXHAUST  SYSTEM THAT IS THE SUBJECT OF THE VIOLATION FOR A THIRD OFFENSE AND/OR THE IMPOSITION OF  TWO  POINTS  ON  THE  VIOLATOR’S RECORD. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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