New York S 6057: Relates to imposing liability on owners of motor vehicles for failure to comply with vehicle sound limits

Bill Text

STATE OF NEW YORK
________________________________________________________________________
6057
2021-2022 Regular Sessions
IN SENATE
April 1, 2021
___________
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities 1
AN ACT to amend the administrative code of the city of New York, in
relation to imposing liability on owners of motor vehicles for failure
to comply with vehicle sound limits; to amend the public officers law,
in relation to access to certain agency records; and providing for the
repeal of such provisions upon the expiration thereof
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The administrative code of the city of New York is amended
2 by adding a new section 24-236.1 to read as follows:
3 § 24-236.1 Owner liability for failure to comply with motor vehicle
4 sound limits. (a) Definitions. For the purposes of this section, the
5 following terms shall have the following meanings:
6 (1) "Decibel reader" shall refer to a measuring instrument used to
7 assess noise or sound levels by measuring sound pressure and which
8 expresses such level in the unit of a decibel (dB).
9 (2) "Lessee" shall mean any person, corporation, firm, partnership,
10 agency, association or organization that rents, bails, leases or
11 contracts for the use of one or more vehicles and has the exclusive use
12 thereof for any period of time.
13 (3) "Lessor" shall mean any person, corporation, firm, partnership,
14 agency, association or organization engaged in the business of renting
15 or leasing vehicles to any lessee or bailee under a rental agreement,
16 lease or otherwise, wherein the said lessee or bailee has the exclusive
17 use of said vehicle for any period of time.
18 (4) "Manual uniform traffic-control device" or "MUTCD" shall mean the
19 manual and specifications for a uniform system of traffic-control
20 devices maintained by the state commissioner of transportation pursuant
21 to section sixteen hundred eighty of the vehicle and traffic law.
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD10723-02-1

S. 6057 2
1 (5) "Motor vehicle owner" shall mean any person, corporation, partner-
2 ship, firm, agency, association, lessor, or organization who at the time
3 of the issuance of a notice of violation:
4 (i) is the beneficial or equitable owner of such vehicle;
5 (ii) has title to such vehicle;
6 (iii) is the registrant or co-registrant of such vehicle which is
7 registered with the department of motor vehicles of this state or any
8 other state, territory, district, province, nation or other jurisdic-
9 tion;
10 (iv) uses such vehicle in its vehicle renting and/or leasing business;
11 or
12 (v) is an owner of such vehicle as defined by section one hundred
13 twenty-eight of the vehicle and traffic law.
14 Provided that "motor vehicle" shall retain the same meaning as
15 provided in subdivision thirty-eight of section 24-203 of this chapter.
16 (6) "Motor vehicle noise limits" shall refer to the noise limits
17 prescribed in section 24-236 of this subchapter.
18 (7) "Notice of violation" shall refer to the notice described in
19 section 25-259 of this code.
20 (8) "Operators of photo noise violation monitoring systems" shall mean
21 any natural or legal person authorized to set up, test, or operate the
22 noise violation monitoring system described herein by the city of New
23 York.
24 (9) "Photo noise monitoring system" shall mean a mobile or fixed vehi-
25 cle sensor installed to work in conjunction with a noise measuring
26 device such as a decibel reader which automatically produces two or more
27 photographs, two or more microphotographs, a videotape or other recorded
28 images of each vehicle at the time it is used or operated in violation
29 of the motor vehicle noise limits prescribed in section 24-236 of this
30 subchapter.
31 (b) (1) Notwithstanding any provision of law to the contrary, the city
32 is hereby authorized to establish a demonstration program of photo noise
33 violation monitoring systems to monitor compliance with motor vehicle
34 noise limits. Any vehicle found to be violating such limits shall be
35 issued a notice of violation and subject to the civil penalty prescribed
36 in table I of paragraph five of subdivision (b) of section 24-257 of
37 this chapter.
38 (2) No photo noise violation monitoring system shall be used unless
39 (i) on the day it is to be used it has successfully passed a self-test
40 of its functions; and (ii) it has undergone an annual calibration check
41 performed pursuant to paragraph four of this subdivision. The city shall
42 install signs giving notice to approaching motor vehicle operators that
43 a photo noise violation monitoring system is in use, in conformance with
44 standards established in the MUTCD.
45 (3) Operators of photo noise violation monitoring systems shall have