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A02552 Summary:

BILL NOA02552
 
SAME ASNo Same As
 
SPONSORSayegh
 
COSPNSRShimsky, Epstein
 
MLTSPNSR
 
Amd §376-a, 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 NOA02552
 
01/17/2025referred to transportation
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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: 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.
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A02552 Text:



 
                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.
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