This bill has been amended

Bill S3335-2013

Requires that snowmobile noise emissions do not exceed specified levels

Requires that snowmobile noise emissions do not exceed specified levels.

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  • Feb 1, 2013: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

Memo

BILL NUMBER:S3335

TITLE OF BILL: An act to amend the parks, recreation and historic preservation law, in relation to snowmobile noise emission levels

PURPOSE: To establish an alternative standard and practical noise field test for snowmobiles.

SUMMARY OF PROVISIONS: Amends paragraph (e) of subdivision 1 of section 25.17 to provide that any snowmobile may not exceed 88 decibels, as measured using the 2004 society of automotive engineers standard J2567.

JUSTIFICATION: The vast majority of NY's 10,500 mile snowmobile trail system is located on private land voluntarily offered by the owner for use as a snowmobile trail. Many landowners who do not open their land (even many of those who do) cite loud illegal exhausts as the reason to not allow snowmobiling on their land. New York State law provides that no new snowmobile may be offered for sale in the state unless it emits less than 73 db when measured by the "A" scale at 50 ft. New sleds encompassing four stroke or direct injection technology frequently emit far less than the state standard. However the responsible work of the manufacturers can easily be negated by a non-complying after-market exhaust. Current law provides in part that "No snowmobile shall be modified by any person in any manner that shall amplify or otherwise increase total noise emission to a level greater than that emitted by the snowmobile as originally constructed, regardless of date of manufacture." while a violation can be successfully imposed where the exhaust has been removed, it cannot be successfully prosecuted when it involves an after-market exhaust since the witnessing officer does not have evidence that the sled is louder than original equipment. This is especially important since there are after-market exhausts which do meet the requirements of the current law.

The J2567 test is a stationary test that has been developed in consultation with the manufacturers and is used in several other states including Michigan, Wisconsin and Colorado. The J2567 test can be administered by any police or peace officer authorized to enforce the provisions of this chapter. The test takes approximately 10 minutes between set up and conclusion. Testing takes under a minute.

It is important to note that this legislation does not impose any new noise standard on any snowmobile but rather only provides an alternative and analogous noise measuring technique.

LEGISLATIVE HISTORY: 2012 S. 6928 Cultural Affairs Committee/A. 9837 Tourism Committee.

FISCAL IMPLICATIONS: None. Alternative measurement is at the option of the law enforcement agency.

EFFECTIVE DATE: November 1, 2013


Text

STATE OF NEW YORK ________________________________________________________________________ 3335 2013-2014 Regular Sessions IN SENATE February 1, 2013 ___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation AN ACT to amend the parks, recreation and historic preservation law, in relation to snowmobile noise emission levels THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (e) of subdivision 1 of section 25.17 of the parks, recreation and historic preservation law, as amended by chapter 650 of the laws of 1977, is amended to read as follows: (e) Mufflers. An adequate muffler system in good working condition. On and after June first, nineteen seventy-two, no snowmobile manufactured after June first, nineteen seventy-two shall be sold or offered for sale unless it is equipped in such a way as to limit noise produced by the snowmobile to not more than eighty-two decibels as measured on the "A" scale at fifty feet. On and after June first, nineteen seventy-five, no such snowmobile manufactured after June first, nineteen seventy-five shall be sold or offered for sale unless it is equipped in such a way as to limit noise produced by the snowmobile to not more than seventy-eight decibels on such scale. On and after June first, nineteen eighty, no such snowmobile manufactured after June first, nineteen eighty, shall be sold or offered for sale unless it is equipped in such a way as to limit noise produced by the snowmobile to not more than seventy-three decibels on such scale. ON OR AFTER NOVEMBER FIRST, TWO THOUSAND THIRTEEN, A PERSON SHALL NOT OPERATE A SNOWMOBILE UNLESS THE SNOWMOBILE IS EQUIPPED WITH A MUFFLER IN GOOD WORKING ORDER AND IN CONSTANT OPERATION FROM WHICH NOISE EMISSION DOES NOT EXCEED EITHER SEVENTY-EIGHT DECIBELS AT FIFTY FEET, AS MEASURED USING THE TWO THOUSAND THREE SOCIETY OF AUTOMO- TIVE ENGINEERS STANDARD J192 FOR A SNOWMOBILE MANUFACTURED AFTER JULY FIRST, NINETEEN HUNDRED SEVENTY-SEVEN AND SOLD OR OFFERED FOR SALE IN THIS STATE, OR EIGHTY-EIGHT DECIBELS, AS MEASURED USING THE TWO THOUSAND
FOUR SOCIETY OF AUTOMOTIVE ENGINEERS STANDARD J2567 FOR A STATIONARY SNOWMOBILE MANUFACTURED AFTER JULY FIRST, NINETEEN HUNDRED EIGHTY AND SOLD OR OFFERED FOR SALE IN THIS STATE. Should the federal government adopt snowmobile noise level standards different from those contained in this paragraph and require that the state conform thereto, the commis- sioner shall be authorized to adopt rules and regulations superseding the noise level requirements of this paragraph to achieve compliance with federal standards. No snowmobile shall be modified by any person in any manner that shall amplify or otherwise increase total noise emis- sion to a level greater than that emitted by the snowmobile as originally constructed, regardless of date of manufacture. S 2. This act shall take effect November 1, 2013.

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