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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2552
SPONSOR: Sayegh
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to making
certain exceptions for violations pertaining to certain mufflers and
exhaust systems
 
PURPOSE:
To require individuals that receive noise violations as a result of a
modified muffler have to appear before a judge and cannot receive an
administrative dismissal.
 
SUMMARY OF PROVISIONS:
Section 1 adds violations originating from noise to the list of non-cor-
rectable equipment violations.
Section 2 sets the effective date.
 
JUSTIFICATION:
Under current law, when an individual is issued an equipment related
violation, they have until the end of the next business day to get the
equipment violation corrected and if done within that time the court
dismisses the violation administratively. This bill adds all muffler
violations to brakes and noise amplifiers as equipment violations that
require an appearance before a judge before they can be dismissed.
Requiring an appearance before a judge for noise-related violations is
an additional way that we can help combat the issues caused by noise
pollution. Complains of noise being omitted by cars from modifications
has seen a steady increase during the coronavirus pandemic as the
streets have seen a decrease in regular traffic, causing residents to be
disturbed during day and night by the sound of racing vehicles. For
those that intentionally modify their vehicles to omit more noise,
getting "proof" of a correction does nothing to prevent or discourage
remodifying the vehicle once the ticket is dismissed. Requiring an
appearance before a judge adds extra accountability.
 
LEGISLATIVE HISTORY:
2021-22: A9999-Referred to Transportation
2023-24: A36- Referred to Transportation
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
2552
2025-2026 Regular Sessions
IN ASSEMBLY
January 17, 2025
___________
Introduced by M. of A. SAYEGH, SHIMSKY, EPSTEIN -- 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
24 service brakes, shall be dismissed by the court before which the summons
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01161-01-5
A. 2552 2
1 is returnable if the violation as set forth in the summons is corrected
2 not later than one-half hour after sunset on the first full business day
3 after the issuance of the summons and proof of such correction as set
4 forth in subdivision five of this section is submitted to the court. For
5 the purposes of this subdivision, "business day" shall mean any calendar
6 day except Saturday and Sunday, or the following business holidays: New
7 Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor
8 Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.
9 § 2. This act shall take effect on the ninetieth day after it shall
10 have become a law.