As
Reported on the AMA Web site:
Attention New York City Area Motorcyclists
Legislation that would mandate the use of OEM (original equipment
manufacturer) exhaust systems on all motorcycles in New York City has been
"deferred" by the New York City Council. Originally scheduled for
consideration at its December 18 meeting, Introduction 416-A has been removed
from the agenda.
A representative in the Clerk of Council's office confirmed the removal of the
legislation Monday (December 15) afternoon.
The bill would prohibit the parking, stopping or standing of any motorcycle
equipped with "straight pipes." Under the definition of
"straight pipe" in Intro 416-A, any motorcycle exhaust system not
stamped with the U.S. EPA compliance label would be in violation of the law,
regardless of the sound level emitted by the exhaust system.
Motorcyclists should continue contacting their City Council members to voice
concern regarding this legislation.
For more information, visit the New York City Council Website at http://council.nyc.gov.
But Please keep watch it may come back and reappear. The bigest problem with
the bill is that even a Goldwing would recieve a ticket since the EPA does not
issue a stamp on the exhaust system. Just driveing on and off Long Island
would put you at risk.
This
idiot cannot even spell!!
----------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed
Int. No. 416-A
By Council
Members Gerson, Gentile, Koppell,
Liu, Martinez, Nelson, Vallone Jr., Gennaro,
Yassky, Garodnick and
Brewer
A
Local Law to amend the administrative code of the city of
motorcycles equipped with straight pipes on the streets of the city of
..Body
Section 1.
Subchapter six of chapter two of title 24 of the administrative code of
the city of
§24-236.1
Prohibition on the stopping, standing, or parking of motorcycles
equipped with straight pipes.
a. Definitions.
For the purposes of this section:
1.
“Motorcycle” shall mean every motor vehicle having a seat or saddle for
the use of the rider and designed to travel
on not more than three wheels in contact with the ground, but excluding a
tractor.
2.
“Motor vehicle” shall mean any vehicle operated or driven upon a public
highway which is propelled by any
power other than muscular power, except (i)
electrically-driven mobility assistance devices operated or driven by a person
with a disability, (ii) vehicles which run only upon rails or tracks, (iii)
snowmobiles as defined in article forty-seven of the v
ehicle and traffic law, and (iv) all terrain vehicles as defined in article
forty-eight-B of the vehicle and traffic law.
3. “Owner” with
respect to a motorcycle shall mean an owner as defined in section one hundred
twenty-eight
of the vehicle and traffic law. “Owner”
with respect to a straight pipe subject to seizure or forfeiture pursuant to
this
section shall mean a person who demonstrates ownership of such straight pipe
to the satisfaction of the police commissioner.
4. “Person” shall
mean an individual, including a principal, director, officer, partner, member
or employee of a partnership,
company, corporation, association, firm or other organization.
5. “Security
interest” in a motorcycle shall mean a security interest as defined in
subdivision k of section
two thousand one hundred one of the vehicle and traffic law.
6. “ Straight pipe”
shall mean a motorcycle exhaust device that does not contain internal baffles
or that
is intentionally designed to allow for the internal baffling to be fully
or partially removed. For exhaust
pipes manufactured
after December 31, 1982, “straight pipe” shall also mean exhaust
pipes on a motorcycle that are not equipped with an
exhaust muffler bearing the federal EPA required labeling applicable to the
motorcycle’s model year, as set out in 40 Code
of Federal Regulations (CFR) § 205.169, and shall also mean exhaust
pipes on a motorcycle that is equipped with an exhaust
muffler bearing such federal EPA required labeling designating such
muffler as designed for use on closed course competition motorcycles only.
b.
No person shall stop, stand or park a motorcycle equipped with a
straight pipe on a street in the city of
c.
The provisions of this section may be enforced by the department, the
police department and the department of transportation.
d. Violation of
subdivision b of this section shall be a traffic infraction and shall be
adjudicated by the parking violations bureau.
In addition, any person who violates subdivision b of this
section shall be liable for a civil penalty of not less than five hundred
dollars nor
more than one thousand dollars for a first violation thereof; not less
than one thousand dollars nor more than two thousand five hundred
dollars for a second violation thereof; and not less than two thousand
five hundred dollars nor more than five thousand dollars for a third
or subsequent violation thereof. Such
civil penalties may be recovered in a proceeding before the environmental
control board and any
such proceeding shall be commenced by the service of a notice of violation
returnable before such board. As
an alternative to service
in accordance with applicable provisions of the
control board pursuant to this subdivision may be made by affixing such notice
to said vehicle in a conspicuous place.
e.
The operator of a motorcycle shall be liable for the fines or penalties
imposed pursuant to this section.
The owner of the motorcycle, even if not the operator thereof, shall be
jointly and severally liable with the operator thereof.
f. If an
owner or operator of a motorcycle receives a summons or notice of violation
pursuant to subdivision b of this
section for any period in which the motorcycle that was the subject of said
violation was reported to any police department as
having been stolen, it shall be an affirmative defense that the
motorcycle had been reported to the police as stolen prior to the time
when the violation was issued and had not been recovered at such time.
For the purposes of asserting such affirmative defense in
any proceeding, it shall be sufficient that a certified copy of the
police report of the stolen motorcycle be presented to the environmental
control board and/or to the parking violations bureau.
g. Where a
summons or notice of violation is issued for a violation of subdivision b of
this section, a police officer or a
designated employee of the department or of the department of
transportation may seize the motorcycle or straight pipe in
accordance with the rules of the police department.
h. (1)
Any motorcycle or straight pipe seized pursuant to this section
shall be delivered into the custody of the police
department. Where a notice of
violation has been served, a hearing to adjudicate the violation underlying
the seizure shall be
held before the environmental control board within five business days
after the seizure and such board shall render a decision
within three business days after the conclusion of the hearing.
In the event that the environmental control board determines that
there has been no violation of this section, the motorcycle or straight pipe
shall be released promptly to the owner or any person
authorized by the owner to take possession of such motorcycle or straight
pipe.
(2)
Except where notice has been given that forfeiture will be sought
pursuant to paragraph (5) of this subdivision,
a motorcycle or straight pipe seized pursuant to this section shall be
released upon payment of a civil penalty imposed for the
violation underlying the seizure and the cost of removal and storage as
set forth in the rules of the department.
Where an
administrative proceeding relating to the violation underlying the seizure is
pending before the environmental control board,
the motorcycle or straight pipe shall be released upon the posting of a bond
or other form of security sufficient to cover the
maximum civil penalty which may be imposed for such violation and the
costs of removal and storage. Notwithstanding
anything to the contrary in this subdivision, no motorcycle or straight pipe
seized pursuant to this section shall be released
until the violation underlying the seizure shall have been corrected to the
satisfaction of the police commissioner.
(3) Upon the
seizure of a motorcycle or straight pipe pursuant to this section, the person
from whom the motorcycle
or straight pipe was seized shall, where possible, be given written notice of
the procedure for redemption of the motorcycle or
straight pipe and the procedures regarding a post-seizure hearing.
Where the motorcycle is registered pursuant to the vehicle
and traffic law, such notice shall also be mailed to the registered
owner of the motorcycle at the address set forth in the
records maintained by the department of motor vehicles.
For motorcycles registered in a state other than
such notice shall also be mailed to the registered owner of the motorcycle at
the address set forth in the records maintained
by the state of registration.
Where the person from whom the motorcycle or straight pipe was seized
is less than eighteen
years old, such notice shall also be either personally served upon the
person’s parent or guardian or mailed to the person’s
parent or guardian if the name and address of such parent or guardian is
reasonably ascertainable.
(4) Any
motorcycle or straight pipe that has not been claimed by the owner within
twenty business days after
mailing by first class mail to such owner of notice of a determination
by the environmental control board that there has been
no violation of this section shall be deemed by the police department to be
abandoned. Any motorcycle
abandoned under
the provisions of this subdivision shall be disposed of by the police
department pursuant to section twelve hundred twenty-four
of the vehicle and traffic law. Any
straight pipe abandoned under the provisions of this subdivision shall be
destroyed or
disposed of by
the police department.
(5) In
addition to any other penalties, sanctions or remedies provided for in this
chapter, a motorcycle or straight
pipe seized pursuant to this section and all rights, title and interest
therein shall be subject to forfeiture upon notice and judicial
determination thereof that the person from whom the motorcycle or
straight pipe was seized has been found liable by the
environmental control board on one or more prior occasions for violating this
section.
(A) A forfeiture
proceeding may not be commenced more than ten business days after the receipt
of a request
by the owner for return of the motorcycle or straight pipe.
If a forfeiture proceeding is not commenced within such ten-day
period, the motorcycle or straight pipe shall be returned to the owner
upon payment of the civil penalty imposed and the costs
of removal and storage and upon a showing that the violation underlying the
seizure of the motorcycle has been corrected.
A motorcycle or straight pipe that is the subject of a forfeiture
proceeding shall remain in the custody of the police department
or other appropriate agency pending the final determination of such
proceeding.
(B) Notice of the
institution of the forfeiture action shall be served by first class mail on: (i)
an owner of a motorcycle
at the address set forth in the records maintained by the department of
motor vehicles, or for motorcycles registered in a state
other than New York state, in the records maintained by the state of
registration; and (ii) all persons holding a security interest
in such motorcycle which security interest has been filed with the
department of motor vehicles pursuant to the provisions of title
ten of the vehicle and traffic law, at the address set forth in the
records of such department, or for motorcycles registered in a
state other than New York state, all persons who hold a security interest in
such motorcycle which security interest has been filed
with such state of registration and which persons are made known by such state
to the department at the address provided by such state of registration.
(C) Any owner who
receives notice of the institution of a forfeiture action who wishes to claim
an interest in the
motorcycle or straight pipe subject to forfeiture may assert a claim in
such action for the recovery of the motorcycle or straight
pipe or satisfaction of such owner’s interest in such motorcycle or straight
pipe. Any person with a security
interest in such
motorcycle or straight pipe who receives notice of the institution of
the forfeiture action who claims an interest in such
motorcycle or straight pipe may assert a claim in such action for satisfaction
of such person’s security interest.
(D) Forfeiture
pursuant to this subdivision shall be made subject to the interest of a person
who claims an interest
in the motorcycle or straight pipe pursuant to subparagraph (C) of this
subdivision, where such person establishes that: (i)
the
act constituting the violation of this section that was the basis for
seizure occurred without the knowledge of such person, or if
such person had knowledge of such act that resulted in the violation, that
such person did not consent to such act by failing to
do all that could reasonably have been done to prevent such act, and that such
person did not knowingly obtain such interest in
the motorcycle or straight pipe to avoid the forfeiture; or (ii) that
the conduct that was the basis for such seizure was committed
by any person other than such person claiming an interest in the motorcycle or
straight pipe while such motorcycle or straight pipe
was unlawfully in the possession of a person who acquired possession thereof
in violation of the criminal laws of the United States or any state.
(E) The police
department or department of transportation, after judicial determination of
forfeiture of a motorcycle,
shall at its discretion, either: (i) retain such
motorcycle for the official use of the city; or (ii) by public notice of at
least five days,
sell such forfeited motorcycle at public sale.
The net proceeds of any such sale shall be paid into the general fund
of the city.
(F) The police
department, after judicial determination of forfeiture of a straight pipe,
shall destroy or dispose of such straight pipe.
(G) In any
forfeiture action commenced pursuant to this subdivision, where the court
awards a sum of money to
one or more persons in satisfaction of such person’s or persons’ interest
in the forfeited motorcycle or straight pipe, the total
amount awarded to satisfy such interest or interests shall not exceed the
amount of the net proceeds of the sale of the forfeited
motorcycle or straight pipe after deduction of the lawful expenses incurred by
the city, including the reasonable costs of removal
and storage between the time of seizure and the date of sale, destruction or
disposal.
i.
The corporation counsel is authorized to commence a civil action on
behalf of the city in a court of competent
jurisdiction for injunctive relief to restrain or enjoin any activity in
violation of subdivision b of this section and for civil penalties.
§2.
This local law shall take effect ninety days after it shall have become
a law, except that the department, the police
department and the department of transportation shall take such steps as are
necessary, including the promulgation of rules,
prior to such effective date.
OP
12/10/08
9:01 pm