S6928-2011 Actions

• Apr 13, 2012: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

S6928-2011 Memo

BILL NUMBER:S6928

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

PURPOSE OR GENERAL IDEA OF BILL:
To establish an alternative standard and practical noise field test
for snowmobiles.

SUMMARY OF SPECIFIC 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
aftermarket 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 aftermarket exhaust since the
witnessing officer does not have evidence that the sled is louder
than original equipment. This is especially important
since there are aftermarket 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.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:


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

EFFECTIVE DATE:
This act shall take effect November 1, 2012.

S6928-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6928
 I N  SENATE
 April 13, 2012
 
 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  TWELVE,  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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15265-02-2
 
       S. 6928                             2
 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, 2012.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!