A-5980 might be good news

With the involvement of the legislative team from New York ABATE, we are beginning to see some results from our most resent concerns. With regard to A-5980 the outgrowth of the 416-a legislation in New York City (NYC). Several individuals have made contact with Assemblyman Kenneth Zebrowski sponsor of A-5980 from the 94th assembly district in Rockland County (where there is no ABATE chapter) about increased penalties for altering mufflers on motor vehicles and motorcycles. Assemblyman Zebrowski stated that the legislation was at the request of law enforcement, (just which Law enforcement we don't know). After explaining the ABATE position on this legislation, he is having second thoughts on pushing this legislation.
The large number of Assembly members signing on to this legislation is still a concern to what is going on. Please make a call to your assembly member if they are signed on to this A-5980 legislation. Let's crush this legislation like it was 416-A
Introduced by M. of A. ZEBROWSKI, BENEDETTO, CASTRO, FIELDS, GALEF,
GOTTFRIED, JAFFEE, KOON, LANCMAN, REILLY, SPANO, TITONE
Multi-Sponsored by -- M. of A. DelMONTE, DINOWITZ, GREENE, HEVESI, MAISEL, McENENY, PHEFFER, SCHIMEL, WEISENBERG




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.



S T A T E O F N E W Y O R K
________________________________________________________________________

5980

2009-2010 Regular Sessions

I N A S S E M B L Y

February 23, 2009
___________

Introduced by M. of A. ZEBROWSKI, BENEDETTO, CASTRO, FIELDS, GALEF,
GOTTFRIED, JAFFEE, KOON, LANCMAN, REILLY, SPANO, TITONE -- Multi-Spon-
sored by -- M. of A. DelMONTE, DINOWITZ, GREENE, HEVESI, MAISEL, McEN-
ENY, PHEFFER, SCHIMEL, WEISENBERG -- read once and referred to the
Committee on Transportation

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

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

1 Section 1. Subdivisions 31, 31-a and 31-b of section 375 of the vehi-
2 cle and traffic law, subdivision 31 as amended by chapter 337 of the
3 laws of 1971, subdivision 31-a as added by chapter 434 of the laws of
4 1979 and subdivision 31-b as added by chapter 612 of the laws of 1986,
5 are amended to read as follows:
6 31. Mufflers and exhaust systems[. Prevention]; PREVENTION of noise.
7 (A) Every motor vehicle, operated or driven upon the highways of the
8 state, shall at all times be equipped with an adequate muffler and
9 exhaust system in constant operation and properly maintained to prevent
10 any excessive or unusual noise and no such muffler or exhaust system
11 shall be equipped with a cut-out, bypass, or similar device. No person
12 shall modify the muffler or exhaust system of a motor vehicle in a
13 manner which will amplify or increase the noise emitted by the motor or
14 exhaust system of such vehicle above that emitted by the muffler or
15 exhaust system originally installed on the vehicle and such original
16 muffler and exhaust system shall comply with all the requirements of
17 this section.
18 [A muffler is] AS USED IN THIS SUBDIVISION, A "MUFFLER" MEANS a device
19 consisting of a series of chambers or baffle plates, or other mechanical
20 design for the purpose of receiving exhaust gas from an internal
21 combustion engine, and effective in reducing noise.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01518-05-9
A. 5980 2

1 [An exhaust system is] AS USED IN THIS SUBDIVISION, AN "EXHAUST
2 SYSTEM" MEANS a series of mechanical devices for the purpose of receiv-
3 ing exhaust gas from an internal combustion engine and expelling it into
4 the atmosphere.
5 [31-a.] (B) No person shall, in the state, sell, install or use a
6 motorcycle exhaust device without internal baffles, known as "straight
7 pipes".
8 [31-b.] (C) No person shall, in the state, sell, install or use a
9 motorcycle exhaust device that is intentionally designed to allow for
10 the internal baffling to be fully or partially removed or interchangea-
11 ble. This subdivision shall not apply to a motorcycle manufactured or
12 assembled prior to nineteen hundred seventy-nine or a motorcycle regis-
13 tered as a limited use vehicle or an all terrain vehicle pursuant to
14 article forty-eight-A or forty-eight-B of this chapter.
15 (D) A VIOLATION OF ANY OF THE PROVISIONS OF THIS SUBDIVISION SHALL BE
16 PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS AND/OR REMOVAL
17 OF THE MUFFLER AND EXHAUST SYSTEM THAT IS THE SUBJECT OF THE VIOLATION
18 FOR A FIRST OFFENSE. A VIOLATION OF ANY OF THE PROVISIONS OF THIS SUBDI-
19 VISION SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED
20 DOLLARS AND/OR REMOVAL OF THE MUFFLER AND EXHAUST SYSTEM THAT IS THE
21 SUBJECT OF THE VIOLATION FOR A SECOND OFFENSE. A VIOLATION OF ANY OF THE
22 PROVISIONS OF THIS SUBDIVISION SHALL BE PUNISHABLE BY A FINE OF NOT MORE
23 THAN ONE THOUSAND DOLLARS AND/OR REMOVAL OF THE MUFFLER AND EXHAUST
24 SYSTEM THAT IS THE SUBJECT OF THE VIOLATION FOR A THIRD OFFENSE AND/OR
25 THE IMPOSITION OF TWO POINTS ON THE VIOLATOR'S RECORD.
26 S 2. Subdivision 13 of section 381 of the vehicle and traffic law, as
27 added by chapter 61 of the laws of 1989, is amended to read as follows:
28 13. [A] (A) EXCEPT AS IS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVI-
29 SION, A violation of any of the provisions of this section shall be
30 punishable by a fine not exceeding one hundred dollars or by imprison-
31 ment for not exceeding thirty days, or by both such fine and imprison-
32 ment.
33 (B) A VIOLATION OF ANY OF THE PROVISIONS OF SUBDIVISIONS ELEVEN AND
34 TWELVE OF THIS SECTION SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN
35 ONE HUNDRED DOLLARS AND/OR REMOVAL OF THE MUFFLER AND EXHAUST SYSTEM
36 THAT IS THE SUBJECT OF THE VIOLATION FOR A FIRST OFFENSE. A VIOLATION OF
37 ANY OF THE PROVISIONS OF SUBDIVISIONS ELEVEN AND TWELVE OF THIS SECTION
38 SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS
39 AND/OR REMOVAL OF THE MUFFLER AND EXHAUST SYSTEM THAT IS THE SUBJECT OF
40 THE VIOLATION FOR A SECOND OFFENSE. A VIOLATION OF ANY OF THE PROVISIONS
41 OF SUBDIVISIONS ELEVEN AND TWELVE OF THIS SECTION SHALL BE PUNISHABLE BY
42 A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS AND/OR REMOVAL OF THE
43 MUFFLER AND EXHAUST SYSTEM THAT IS THE SUBJECT OF THE VIOLATION FOR A
44 THIRD OFFENSE AND/OR THE IMPOSITION OF TWO POINTS ON THE VIOLATOR'S
45 RECORD.
46 S 3. This act shall take effect on the one hundred eightieth day after
47 it shall have become a law.

There is some good news on this bill locally, but still much to do. The closest local sponsor on this bill was David Koon (D)who represents the 135th assembly district, but I am happy to report that after I had a chance to speak with John Joyce in the Assemblyman's office on the afternoon of the Freedom Rally, Mr. Koon decided to remove his name from the bill. Mr. Joyce called the next day to inform me, and David Koon called yesterday to confirm with me himself.

Francine Demonte (D)who represents the 138th Assembly district is the last upstate sponsor on this bill and hopefully we will find a way soon to get her and the other 18 downstate sponsors on this bill to reconsider.

I want to thank everyone who has already signed the petition I wrote against A05980 and those of you who are passing it around the state yourselves. This is an example of how effective those efforts can be, and what we can accomplish by working together. Let's keep up this momentum and continue getting signatures so that we can send a strong message to not only these sponsors, but the entire Assembly to make sure it gets defeated one way or the other.

Please call me if you have any questions or if you have petition sheets that are filled out, or need more copies. (585) 329-7635

Thanks again,

Eric Carlston
Legislative Coordinator

Yes Eric, I think I need some copies. I would like to post them at Biker bars. Maybe we can get a ton that way, what do you think??