Last update - 01/02/2010

 

New York Freedom Riders: www.newyorkfreedomriders.com

 

New York City motorcycle related bills


 

Proposed Int. No. 416-A [July 2009]

By Council Members Gerson, Koppell, Martinez, Nelson, Vallone Jr., Gennaro, Yassky, Garodnick and Brewer

 

 A Local Law to amend the administrative code of the city of New York, in relation to prohibiting the stopping, standing, or parking of motorcycles equipped with straight pipes on the streets of the city of New York.

 

Be it enacted by the Council as follows:

            Section 1.  Subchapter six of chapter two of title 24 of the administrative code of the city of New York is amended by adding a new section 24-236.1 to read as follows:

 

§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 vehicle 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.  “ 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 New York.

 

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 two hundred dollars nor more than five hundred dollars for a first violation thereof; not less than five hundred dollars nor more than one thousand two hundred fifty dollars for a second violation thereof; and not less than one thousand two hundred fifty dollars nor more than two thousand five hundred 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 New York city charter, service of a notice of violation returnable to the environmental 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.    Affirmative defenses.  It shall be an affirmative defense for an owner of a motorcycle who receives any summons or notice of violation pursuant to subdivision b of this section that:

 

            1) 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;

 

             2) The motorcycle was ten years old or older at the time such summons or notice of violation was issued

 

g.   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 two hundred seventy 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.

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September 2009

Int. No. 1086

By Council Member Vallone

A Local Law to amend the administrative code of the city of New York, in relation to prohibiting the sale or installation of a motorcycle exhaust device without federal EPA required labeling.

Be it enacted by the Council as follows:

Section 1. Subchapter six of chapter two of title 24 of the administrative code of the city of New York is amended by adding a new section 24-236.2 to read as follows:
§24-236.2 Prohibition on the sale or installation of a motorcycle exhaust device without United States environmental protection agency required labeling.

a. Definitions. For the purposes of this section, "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.

b. No person shall sell or install a motorcycle exhaust device that is not equipped with an exhaust muffler bearing the United States environmental protection agency required labeling applicable to the motorcycle's model year, as required by section 205.169 of title 40 of the code of federal regulations, nor shall any person sell a motorcycle without an exhaust muffler bearing such labeling.

c. 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.

§2. This local law shall take effect immediately upon enactment.

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