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ATTEMPT TO RAIsE FINE TO $700.00

3/25/2017

2 Comments

 
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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
  • License suspension for 90 days.
  • A $300 - $500 fine.
  • A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years. This is part of the state's Driver Responsibility Program.
  • Up to 15 days in jail.
  • Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below).
​                                                        
​                                                                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.

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Author

Deborah Ewen

2 Comments
Deborah Ewen link
4/4/2017 06:45:30 pm

When you open the notes on the purposed 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.

Reply
Deborah Ewen link
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.  

Reply



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