 David F. Gantt District Office 107 Liberty Pole Way Rochester, NY 14604 585-454-3670 GanttD@nyassembly.gov Assembly District 137 BILL NO A00998 Why is Assemblyman Gantt a sponsor of this bill A00998? By passing this it increases the fine for operating a motorcycle with a muffler that produces excessive or unusual noise from one hundred dollars to seven hundred dollars. - One of the most issued tickets - As motorcyclists we need to fight for our rights more than ever or we just get stopped and pay some bogus tickets just because we are too busy to deal with the court system. When you open his notes on Bill JUSTIFICATION: Numerous complaints from the public have been about excessively loud noise from motorcycles. Some motorcyclists modify the exhaust system of a motorcycle in a manner which will amplify or increase the noise emit- ted by the motor. It is currently illegal to modify or remove the muffler system from a motorcycle and continue to operate the motorcycle on public roads. The reputation of motorcycle owners is negatively affected by the extremely load noise from these violators. Unfortunately, the current $100 fine is not providing enough of a deterrent and needs to be increased. Review section § 381. motorcycle equipment 11. No person shall operate a motorcycle on any highway which is: (1) not equipped with a muffler to prevent excessive or unusual noise; (2) equipped with a muffler from which the baffle plates, screens or other original internal parts have been removed or altered; (3) equipped with an exhaust device without internal baffles, known as "straight pipes"; or (4) equipped with an exhaust system that has been modified in a manner that will amplify or increase the noise emitted by the motor of such vehicle above that emitted by the exhaust system originally installed on the vehicle. 12. No person shall operate a motorcycle on any highway which is equipped with an exhaust device that is intentionally designed to allow for the internal baffling to be fully or partially removed or interchangeable. This subdivision shall not apply to a motorcycle manufactured or assembled prior to nineteen hundred seventy-nine or a motorcycle registered as a limited use vehicle or an all terrain vehicle pursuant to article forty-eight-A or forty-eight-B of this chapter. 13. A violation of any of the provisions of this section shall be punishable by a fine not exceeding one hundred dollars or by imprisonment for not exceeding thirty days, or by both such fine and imprisonment. Review S 375. equipment 31. Mufflers and exhaust systems. Prevention of noise. Every motor vehicle, operated or driven upon the highways of the state, shall at all times be equipped with an adequate muffler and exhaust system in constant operation and properly maintained to prevent any excessive or unusual noise and no such muffler or exhaust system shall be equipped with a cut-out, bypass, or similar device. No person shall modify the muffler or exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor or exhaust system of such vehicle above that emitted by the muffler or exhaust system originally installed on the vehicle and such original muffler and exhaust system shall comply with all the requirements of this section. A muffler is a device consisting of a series of chambers or baffle plates, or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise. An exhaust system is a series of mechanical devices for the purpose of receiving exhaust gas from an internal combustion engine and expelling it into the atmosphere. 31-a. No person shall, in the state, sell, install or use a motorcycle exhaust device without internal baffles, known as "straight pipes". 31-b. No person shall, in the state, sell, install or use a motorcycle exhaust device that is intentionally designed to allow for the internal baffling to be fully or partially removed or interchangeable. This subdivision shall not apply to a motorcycle manufactured or assembled prior to nineteen hundred seventy-nine or a motorcycle registered as a limited use vehicle or an all terrain vehicle pursuant to article forty-eight-A or forty-eight-B of this chapter. (f) No registered owner shall permit a motor vehicle, required to have an exhaust emission control device in proper working condition pursuant to the provisions of this subdivision, to be operated in the portion of the state to which this subdivision is applicable, unless such vehicle is equipped with an approved exhaust emission control device in proper working condition. Every person convicted of a violation of this paragraph shall for a first violation thereof with respect to a particular motor vehicle be punished by a fine of seven hundred fifty dollars. Such fine may not be waived, suspended or in any other manner not levied, except that four hundred fifty dollars of such fine may be waived upon presentation of acceptable evidence prior to the final determination of the violation that the device required pursuant to paragraph (a) of this subdivision has been installed on the vehicle and is in proper working condition. Every person convicted of a second or subsequent violation with respect to a particular vehicle shall be punished by a fine of seven hundred fifty dollars, which fine may not be waived, suspended or in any other manner not levied. Know your rights! There is a procedure that is very technical in order for an officer to write this ticket for loud unusual exhaust and if they do not follow this procedure then the ticket must be thrown out. Possible ramifications if implemented. It is in my option, with a ticket of $100 most likely the individual will stop for the police and in the majority of cases will just pled guilty and pay the fine. With an increased fine to $700 we will see an increase in people trying to out run the police which endangers the public, our police, property and lastly the violator. How many times has an officer been hurt while pursuing in a high speed chase? What ever happened to the punishment fitting the crime? Now I am going to direct you to the NYS DMV fines as it applies to DWAI and DWI fines for those adults older then 21 to consider fines and why a $700 fine is warranted for a loud exhaust and why would it even be a consideration for Assemblyman David Gantt : DWAI/Alcohol 1st Offense
In conclusion With a first time DWAI being a minimum of $300 to a maximum $500 cash fine what makes a loud exhaust a higher fine-able offense then driving while impaired. When you look at the facts of this bill and what is out there you really have to come to the conclusion this is one the worst cases of motorcycle profiling and it is being perpetrated by one of our law makers who is the Standing Chairman of the Transportation Committee. Contact law makers I appeal to everyone out there to contact your local assemblyman and let them know exactly how you feel concerning Motorcycle Profiling. Contact Governor Cuomos Office to find out why someone who is the Standing Chairman of the Transportation Committee is attempting to perpetrate one of the worst motorcycle profiling schemes we have ever seen. Links NYS Motorcycle Laws NYS DMV DWAI fines excerpts pulled directly from source documents.
2 Comments
4/4/2017 06:45:30 pm
When you open the notes on the purposed bill 4/9/2017 09:26:50 am
If you choose to take the day off and fight the ticket issued for loud exhaust when your motorcycle was in specks and not excessively loud to begin with then you may get an A.C.O.D. offered to you. An A.C.O.D. is where you promise not to do the thing you didn't do in the first place and so long as you don't get pulled over again it will be dropped. Here is the kicker if you get pulled over again now the first ticket comes back and you now have to fight two tickets for ---- you said it in your head--- for something you never should have gotten a ticket for in the first place. Leave a Reply. |
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