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A02552 Summary:

BILL NOA02552A
 
SAME ASSAME AS S03156
 
SPONSORSayegh
 
COSPNSRShimsky, Epstein
 
MLTSPNSR
 
Amd §§376-a & 375, V & T L
 
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.
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A02552 Actions:

BILL NOA02552A
 
01/17/2025referred to transportation
04/21/2025amend and recommit to transportation
04/21/2025print number 2552a
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A02552 Memo:

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.
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A02552 Text:



 
                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.
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