Ear-splitting, illegally modified exhausts could now land you a $1K fine under N.Y. law - SILive.com
STATEN ISLAND, N.Y. – State lawmakers heard the complaints of New York residents and passed legislation that recently went into effect and increases penalties for motorists with illegal car modifications that are a noise nuisance.
Ear-splitting noise caused by illegally modified mufflers and exhaust systems is a persistent issue in multiple neighborhoods on Staten Island, particularly near major roads, like Hylan Boulevard and Richmond Avenue.
In October, Gov. Kathy Hochul announced she had signed into law a bill that increases penalties for motorists and repair shops that illegally modify mufflers and exhaust systems to ear-splitting levels.
The maximum fine a repair shop can receive for installing the noisy mufflers and exhaust systems is $1,000 -- a hefty increase from the previous fine of $150. If caught three times within 18 months, the repair shop is at risk of losing its certificate of inspection stations, as well as its operating certificate.
The legislation also adds a requirement for inspection stations to check motorcycles for mufflers and exhausts that have been illegally modified.
A Department of Motor Vehicles spokeswoman told the Advance/SILive.com that there has been some confusion over the new legislation; she said many people believe the altered mufflers and exhausts are only now becoming illegal -- but they have been illegal since 1925.
To date, no DMV-regulated businesses, including inspection stations and auto repair shops, have been sanctioned under this law change.
The NYPD, which is responsible for ticketing motorists, has launched an “aggressive campaign” targeting motorists in New York City with illegal car modifications, the DMV spokeswoman said.
The NYPD has issued 87 summonses for equipment since April 1, but has not issued any summonses for noise, according to online NYPD data.
“Every New Yorker deserves to feel safe and comfortable in their community, and that includes cracking down on excessively noisy vehicles on our streets. This legislation deters drivers from installing illegal vehicle equipment that results in dangerous noise levels that can contribute to hearing loss and increased emissions,” Hochul said.
“An increasing number of car and motorcycle enthusiasts are making modifications to the muffler and exhaust systems of vehicles, in order to increase the noise and pollution levels emitted. This trend is leading to multiple noise complaints, especially from residents in areas where illegal street drag racing takes place,” Gounardes wrote in a sponsor’s memo for the bill.
The city Department of Environmental Protection (DEP) launched a pilot program that uses a combination of roadside sound meters and cameras to capture evidence of loud vehicles violating state law and city noise codes.
Sensors installed adjacent to the roadway get triggered when sounds surpass 85 decibels before a video is captured of the vehicle emitting the noise. DEP staff then review the videos and can issue notices to the vehicle owners that direct them to a DEP facility for an inspection to ensure it is in compliance with city and state laws. Penalties can range from $220 for a first offense to $2,265 for repeat offenders.
The law passed by Hochul does not include the use of sensors to detect infractions.
Because sound cameras operate under the city’s noise code, they do not require state legislation, in contrast to red-light cameras, for example, that issue summons as moving or traffic violations.
The DEP did not clarify where the program is currently in operation, or how many violations it has issued.
source: https://www.silive.com/news/2022/04/ear-splitting-illegally-modified-exhausts-could-now-land-you-a-1k-fine-under-ny-law.html
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