NY Traffic Points and Penalties

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§ 375(35)(c) >

§ 375(31)

No, Inadequate, or Improperly Modified Muffler or Exhaust System

§ 375

(31) Every motor vehicle, operated or driven upon the highways of New York, 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 § 375.

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.

(32) The violation of [this provision of § 375] shall be punishable by a fine not exceeding $150 or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment[.]

It is a traffic infraction for any person to violate any of the provisions of the VTL unless such violation is by the VTL or other law of New York declared to be a misdemeanor or felony.

(1)(a) Whenever proceedings in an administrative tribunal or a court of New York result in a conviction for a traffic infraction pursuant to Art. 9 - Equipment of Motor Vehicles and Motorcycles, there shall be levied a crime victim assistance fee in the amount of $5 and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of $25.

(9) Notwithstanding the provisions of § 1809(1), in the event a proceeding is in a town or village court, the court shall add an additional $5 to the surcharges imposed by § 1809(1).

Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of New York result in a conviction for an offense or for a traffic infraction under the VTL, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of $28.

The following violations shall not be assigned any point value:

(ii) any violation relating to motor vehicle inspection, vehicle weights or dimensions or vehicle equipment other than inadequate service brakes[.]

Last verified: 2017-02-12