NY State introducing new motorcycle exhaust legislation - LICENSE POINTS

[Chchadder]

Check it out here:

http://www.meetup.com/bill416/boards/view/viewthread?thread=6556615

[EvilSteve]

I may not make friends saying this but I actually don't have that much of a problem with this law. The devil is in the details of course but it applies to all motor vehicles and only after the third breach do you get points on your license. I think we need to be vigilant watching this law as it is re-written (there are still spelling mistakes in it) but on the face of it, I really can't disagree.

[Howie]

The big questions are what makes your exhaust illegal and what is the possibility of using the law in ways not intended.  I will reserve opinion until I see the details.  The only positive i see so far is the law is not moto specific.

[EvilSteve]

Agreed. The impression I got was that the law would be applied to vehicles in breach of the existing laws. The existing laws relate to changing your exhaust to something that is louder/dirtier which is not the same thing that 416A was saying.

[Howie]

What I want to know is how they will determine how your exhaust is in violation.  Certified dB meter?  The old "if  a stick can go through there must be no baffle" method?  Or just plain arbitrary?

[Chchadder]

Here is a quick summary from CCMS's site:

PROPOSITION A05980 SUMMARY

19 Mar 2009



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.
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A05980 Actions:
BILL NO    A05980

02/23/2009 referred to transportation


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A05980 Votes:


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A05980 Memo:
BILL NUMBER:  A5980

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.

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No mention of how they plan on determining whether the exhaust is illegal or not.  The scary thing with this is that it could reopen the door to 416a getting back on the council floor.  Loud and illegal exhausts seem to be the hot topic right about now.