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State Senator takes aim at loud vehicles

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State Senator takes aim at loud vehicles

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Loud car or motorcycle mufflers could net a loud fine if recently proposed legislation makes its way through the state Legislature.

S.9009 is sponsored by Sen. Andrew Gounardes, D-Brooklyn, and would set a 95 decibel limit for motorcycle exhaust and mufflers or 60 decibels for car mufflers and exhaust systems. The law would require any police vehicle to be equipped with a decibel reader. Gounardes’ legislation also increases the maximum fine for loud exhaust from $125 to $1,000.

Gounardes wrote in his legislative justification that many car and motorcycle enthusiasts are making modifications to the muffler and exhaust systems of vehicles to increase the noise and pollution levels emitted. That trend leads to more noise complaints to local police departments.

“Current law allows for a maximum of a $150 fine for after-market violations to muffler and exhaust systems,” Gounardes wrote. “Not only is this a relatively small amount when compared to other states, it is also not enough of a deterrent to many who are spending far more money to make modifications to their vehicles. This bill would increase the maximum fine to $1,000 in order to create a larger deterrent to this behavior. Additionally, current law requires police to determine whether noise is ‘excessive or unusual,’ which is an arbitrary standard, and one that makes it difficult for law enforcement officers to enforce.”

New York law already prohibits vehicle owners from modifying the muffler or exhaust system of a vehicle to make it louder than the vehicle’s muffler or exhaust system. State law also prohibits the use of cut-outs, bypasses or similar devices.

California legislators tried to crack down on loud vehicles in 2019 by passing AB1824, which no longer allowed police officers to give drivers being cited for having a modified exhaust system that was too loud with a “fix-it ticket” that gave drivers an opportunity to fix the violation in exchange for a token fine. The California law set a 95 decibel limit for most cars and had a fine of $197. Car enthusiasts said the California law would simply lead to police officers targeting those who modified their cars. Less than 10 months after the legislation took effect, the California Legislature passed new legislation restoring the “fix-it” tickets for vehicles that breached the 95-decibel limit.

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