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: A2552A
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 to appear before a judge and cannot receive an adminis-
trative dismissal.
SUMMARY OF PROVISIONS:
Section 1 amends subdivisions 3 and 4 of section 376-a of the vehicle
and traffic law, adding traffic violations originating from muffler
noise to the list of non-correctable equipment violations.
Section 2 sets the effective date.
JUSTIFICATION:
Under current law, in most circumstances, when an individual is issued
an equipment related violation, they have until the end of the next
business day to correct the equipment violation and if corrected within
that time, the court dismisses the violation administratively, without
the need for the person to appear in court. This bill adds muffler
violations involving muffler modifications that would amplify the noise
emitted from the muffler or the sale of equipment that will amplify the
noise emitted to the category of equipment violations that require an
appearance before a judge before the violation 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. There has been a steady increase in the number of complaints
about noise being omitted by cars from modifications throughout the
pandemic. As the streets have seen a decrease in regular traffic, resi-
dents have been disturbed during 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:
(2023-24) S3332/A36 : Referred to Transportation; Referred to Transpor-
tation in the Assembly
(2021-22) S8137/A9999 : Reported from Transportation and Referred to
Codes; Referred to Transportation in the Assembly
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--A
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 -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
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, paragraphs (b) and (c) of subdivision thirty-one, thirty-one-a,
10 thirty-one-b, or forty-seven of section three hundred seventy-five of
11 this article, and except a violation relating to service brakes, such
12 officer shall issue a summons, provided, however, that a summons shall
13 not be issued if, in the discretion and at the request of such officer,
14 the defect is corrected in the presence of such officer. The refusal of
15 a police officer to permit the repair of any defect in [his] such police
16 officer's presence shall not be reviewable, and shall not be a defense
17 to any violation charged in a summons issued pursuant to the provisions
18 of this subdivision.
19 4. Any complaint issued for any violation of section three hundred
20 seventy-five, three hundred seventy-six or three hundred eighty-one of
21 this article relative to required equipment, except a violation
22 described in subdivision two of this section, paragraphs (b) and (c) of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01161-04-5
A. 2552--A 2
1 subdivision thirty-one, thirty-one-a, thirty-one-b, or forty-seven of
2 section three hundred seventy-five of this article, and except for a
3 violation relating to service brakes, shall be dismissed by the court
4 before which the summons is returnable if the violation as set forth in
5 the summons is corrected not later than one-half hour after sunset on
6 the first full business day after the issuance of the summons and proof
7 of such correction as set forth in subdivision five of this section is
8 submitted to the court. For the purposes of this subdivision, "business
9 day" shall mean any calendar day except Saturday and Sunday, or the
10 following business holidays: New Year's Day, Washington's Birthday,
11 Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day,
12 Thanksgiving Day, and Christmas Day.
13 § 2. Subdivision 31 of section 375 of the vehicle and traffic law, as
14 amended by chapter 527 of the laws of 2021, is amended to read as
15 follows:
16 31. Mufflers and exhaust systems. Prevention of noise. (a) Every motor
17 vehicle, operated or driven upon the highways of the state, shall at all
18 times be equipped with an adequate muffler and exhaust system in
19 constant operation and properly maintained to prevent any excessive or
20 unusual noise [and no].
21 (b) No such muffler or exhaust system shall be equipped with a cut-
22 out, bypass, or similar device. No person shall modify the muffler or
23 exhaust system of a motor vehicle in a manner which will amplify or
24 increase the noise emitted by the motor or exhaust system of such vehi-
25 cle above that emitted by the muffler or exhaust system originally
26 installed on the vehicle and such original muffler and exhaust system
27 shall comply with all the requirements of this section.
28 [(b)] (c) No person shall, in the state, sell, offer for sale or
29 install any of the following for the muffler or exhaust system of a
30 motor vehicle: a cut-out, bypass, or a similar device which will amplify
31 or increase the noise emitted by the motor or exhaust system of such
32 vehicle above that emitted by the muffler or exhaust system originally
33 installed on the vehicle.
34 A muffler is a device consisting of a series of chambers or baffle
35 plates, or other mechanical design for the purpose of receiving exhaust
36 gas from an internal combustion engine, and effective in reducing noise.
37 An exhaust system is a series of mechanical devices for the purpose of
38 receiving exhaust gas from an internal combustion engine and expelling
39 it into the atmosphere.
40 § 3. This act shall take effect on the ninetieth day after it shall
41 have become a law.
