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Fact Vs Fiction: New York Exhaust Noise Legislation

By General Posts

Support SEMA Action Network, visit https://www.semasan.com/

SEMA’s Government Affairs staff have been successful thus far in killing or amending many onerous proposals before they become law

In 2021, New York enacted a bill into law–the SLEEP Act–that aims to crack down on excessively loud vehicles. The law goes into effect on April 1, 2022. Unfortunately, vague local news reporting has created confusion amongst enthusiasts about what the law will actually do. The SEMA Action Network (SAN) is here to set the record straight.

NOTE: The contents of this article focus on the impact of the new law on light-duty cars and trucks, not motorcycles.

Background:
Since 2021, over a dozen states, including New York, have introduced bills aiming to curb the amount of noise emitted from a vehicle’s muffler. While no two state’s means of achieving this goal have been identical, they all have one thing in common: they were requested by constituents upset by loud vehicles in their community. Why? For many workers across the country, the pandemic meant an unexpected shift to remote work. As a result, people became far more aware of their surroundings, and the noises that come with them, especially from cars and trucks. Fortunately for enthusiasts, SEMA’s Government Affairs staff have been successful thus far in killing or amending many onerous proposals before they become law.

So, what about in New York?

Claim: A new bill in New York will ban exhaust modifications

Rating: Fiction
In January 2021, lawmakers in New York introduced a pair of bills (S. 784 and A. 471) seeking to curb loud cars and trucks. The bills were amended several times prior to passage and were approved by Governor Kathy Hochul in late October. Importantly, the proposal did not change the state’s existing exhaust noise laws, which require every motor vehicle to be equipped with a muffler in working condition and prohibits the installation of bypasses, cutouts, or similar devices. Comparable language is universally used by states across the country and is designed to prevent motorists from deleting their muffler and/or catalytic converter.

So, what does the new law change? Put simply, it allows for larger fines for those breaking existing law pertaining to the use of cut-outs, bypasses or similar devices. Prior to enactment, New York had one of the lowest exhaust noise fines in the country. This law allows larger fines to be issued (capped at $1,000) if the situation warrants.

Claim: New York’s new exhaust noise bill creates a 60-decibel muffler limit

Rating: Fiction
As mentioned above, S. 784 and A. 471 do not change New York’s underlying exhaust noise laws, it simply gives the legal system more discretion to enforce against bad actors. However, the initial versions of the bill were quite different from the final product, and some in the automotive media have used early versions of the bill as their reference when reporting on the proposal.

So, what sort of differences are we talking about? As initially drafted, cars and trucks would have been limited to 60-decibels of exhaust noise, subject to a flat $1,000 fine, and police cars would have been equipped with sound meters to help enforce the law. None of these proposals made it into the final version of the bill. The decibel limit was removed as it would have rendered practically every car on the road illegal, the universal fine was changed to a cap, and the sound meters were scrapped as well.

Claim: A letter sent to retailers and vehicle inspectors states that all exhaust modifications are illegal.

Rating: Fiction
In advance of the SLEEP Act going into effect on April 1, 2022, a letter signed by the DMV Commissioner was sent to automotive retailers and vehicle inspectors in the state notifying them of the law change. The letters are misleading and make overly broad statements about what the new law does. As it relates to cars and trucks, the SLEEP Act added one new section to the law on which the state may begin to enforce starting April 1–VTL 375 (31)(b)–which states that a “cutout, bypass, or similar device” may not be used to increase a vehicle’s muffler noise. As stated above, these parts were already illegal for street use across the country and in New York. SEMA is actively working with the DMV to clarify this guidance.

Claim: A car or truck with modified exhaust will now automatically fail inspection in New York.

Rating: Fiction
According to the state’s DMV, their vehicle inspection procedures have not changed as a result of the new law. Inspectors are not equipped with decibel readers and do not perform sound checks on vehicles. To learn more about the inspection process for cars and trucks, please click here.

Claim: The phrase “cut-out, bypass, or similar device” could be interpreted as meaning any aftermarket device.

Rating: Fiction
The use of “cut-outs, bypasses, or similar devices” is universally illegal in the United States regardless of whether or not they make a vehicle louder. For most states, comparable language explicitly banning these devices has been on the books for over 60 years, including in New York. While no state has explicitly defined the phrase, a definition can be found in the United States Code of Federal Regulations and in municipal ordinances across the country. In each instance, the definition is substantively similar to that of the federal government’s: “Cutout or by-pass or similar devices means devices which vary the exhaust system gas flow so as to discharge the exhaust gas and acoustic energy to the atmosphere without passing through the entire length of the exhaust system, including all exhaust system sound attenuation components.”

Questions? Please contact Christian Robinson at stateleg@sema.org

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New York State Assemblyman sponsoring a state DMV-approved Insurance Reduction Program

By General Posts

by Bronx Times from https://www.bxtimes.com

New York State Assemblyman Michael Benedetto will be sponsoring a state-approved Insurance Reduction Program on Saturday, Aug. 28, 2021, from 9 a.m.-4 p.m.

As a service to his constituents, New York State Assemblyman Michael Benedetto will be sponsoring a state DMV-approved Insurance Reduction Program on Saturday, Aug. 28, from 9 a.m.-4 p.m. The course is held at Fort Schuyler House, 3077 Cross Bronx Expressway.

Registration for this class begins on Monday, Aug. 16. To reserve a seat, please call Benedetto’s office at (718) 892-2235. The cost for this class is $30.

This 6-hour course will refresh your driving knowledge with a review of time-tested safe driving tips.

Those who complete the course will receive a reduction of approximately 10% from the base rate of automobile and motorcycle liability premiums each year for three years.

Florida Drivers claim lack of state oversight led to their fraudulent motorcycle endorsements

By General Posts

by Stephanie Coueignoux from https://www.mynews13.com

ORLANDO, Fla. — About 200 people’s lives are now literally stalled after the Florida Department of Motor Vehicles suspended their driver’s licenses.

Each of these individuals took a motorcycle endorsement training course two years ago so they could ride, but there’s now an issue.

What You Need To Know

  • About 200 Floridians had their driver’s licenses suspended over an illegitimate motorcycle endorsement
  • State officials say the company in question was not a legitimate business
  • Some of the drivers affected say the suspensions are not fair, because the state initially accepted the endorsements

The state sent these people letters suspending their driver’s licenses, after it discovered the course wasn’t legitimate. But many of these drivers are upset, pointing out it was the state that accepted the certifications in the first place.

Francisco Perez Velez is one of the drivers who received one of the letters. As the owners of an electric service company, Velez responds to power outages around the clock. His nephew, Evelio Perez, works with him.

“We need to be there as soon as possible,” explains Perez.

It’s part of the job made more difficult when the state suspended their licenses.

“It’s going to be sad — you’re driving without a license and stopped by a police and you’re heading to your job and heading to the jail? It’s not fair,” said Perez.

Perez and his uncle received separate letters from the Florida Department of Highway Safety and Motor Vehicles, which claim they committed fraud.

“We were in a nervous breakdown because we saw the cancellation of the license and assuming the state we did fraud, we were all in shock,” said Velez.

This all started back in 2019, when nearly 200 people — including Perez and Velez — took a motorcycle course with the Pasco Motorcycle Training Institute. They took their certification to the DMV, which updated their driver’s licenses.

“They gave us a certification. This certification on our license, they just do an endorsement that says also motorcycle,” said Velez.

The Florida Department of Highway Safety and Motor Vehicles emailed Spectrum News saying “the individuals … knowingly accepted the endorsements without having gone through the necessary training.”

Both Velez and Perez say they didn’t realize the course wasn’t legitimate, especially since the DMV accepted their credentials. They feel the state should review these training companies regularly instead of punishing clients two years later.

“Why then would I risk everything for just a simple endorsement?” Velez asked when asked if he knew the training course wasn’t legitimate.

“You don’t know how many other companies have been doing this as well,” said state Sen. Victor Torres. “You’ve opened up Pandora’s box and all of a sudden, you’ve found more violations are occurring.”

Torres believes this is a major public safety issue — since people are riding motorcycles without the proper training — and is now looking to craft a bill to create tougher regulations.

“I think for the companies who do issue these licenses — there should be a review every year by the state to make sure they are following the guidelines, they’re following the rules, and they’re not cutting any corners,” said Torres. “I think we will look into legislation for next year and see what can be added, with the work of the department as well.”

We asked the state why it took two years before it discovered the Pasco Motorcycle Training Institute wasn’t legitimate and why the DMV accepted the endorsements in the first place.

A spokesperson responded by email, saying “the department acted as soon as we were made aware of the issue.” The email went on to say “individuals who had their license suspended may appeal.”

In a later email, Florida Department of Highway Safety and Motor Vehicles spokeswoman Jessica Kelleher expanded on the reason the issue with the Pasco Motorcycle Training Institute wasn’t discovered earlier.

“Once we were made aware that the Pasco Motorcycle Training Institute — a provider entrusted by the state and the public to provide training and evaluate an individual’s ability to safely and lawfully operate a motorcycle on Florida’s roadways — was issuing these fraudulent endorsements, we immediately began investigating; ultimately suspending the nearly 200 individuals’ licenses who fraudulently obtained them as well as PMTI’s certification and program,” Kelleher wrote. “Because PMTI was a trusted state provider, and sent these documents to us claiming them to be accurate and legitimate, we had no reason at the time to believe there was any malfeasance until we received a tip that led to a lengthy and thorough investigation.”​

Velez and Perez are in the process of appealing their license suspensions. In the meantime, they’ve received a hardship license- which allows them to drive for professional, but not personal, reasons.

“(It’s been) very stressful — we’ve been back and forth,” said Velez. “I have to go to the doctor and take some medication because it’s stressful. Family involved. Employees.”

The state has suspended the motorcycle certification program pending their open investigation.

Spectrum News tried to contact the Pasco Motorcycle Training Institute, but never received a response. The company’s website is also now suspended.

Authorities remind people about safety and motorcycle awareness

By General Posts

State Authorities in California, Maryland and Wisconsin announce recommendations for safety and awareness on Motorcycle Safety Awareness Month

DMV reiterates safe riding practices in respect to Motorcycle Safety Awareness Month
by The Bakersfield Californian from https://www.bakersfield.com

The California Highway Patrol is emphasizing safe riding and driving practices in May as part of Motorcycle Safety Awareness Month.

In a news release, the CHP said that more than 500 people were killed in motorcycle-involved crashes in California in 2020 and more than 11,500 people were injured. There are more than 1.4 million licensed riders in the state, the CHP said.

With those numbers in mind, the agency strongly encourages all riders to enroll in the California Motorcyclist Safety Program. The CMSP has 98 training sites throughout the state and trains approximately 55,000 motorcyclists each year. For more information or to find a training site near you, visit californiamotorcyclist.com or motorcyclesafetyca.com.

The CHP added that motorcyclists can help protect themselves by wearing proper safety gear including a U.S. Department of Transportation-compliant helmet, following the speed limit, riding defensively, and always riding sober. Drivers should always look at their mirrors and blind spots before changing lanes and always keep a safe distance.

The CHP promotes motorcycle safety with the Get Educated and Ride Safe program, funded by a $750,000 grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration. All eight CHP field divisions will hold outreach events to promote motorcycle safety throughout 2021 under the GEARS grant.

“Motorcyclists who are responsible, informed, and properly equipped can help reduce rider deaths and injuries,” CHP Commissioner Amanda Ray said. “Motorists are also key to reducing crashes by being aware of the dangers and challenges of motorcycle riding. Taking the time to look twice for motorcyclists can save a life.”

May Is Motorcycle Safety Month Maryland State Police Urge Extra Caution
from Maryland Government

(PIKESVILLE, MD) – The Maryland State Police are urging drivers to keep safety in mind during “Motorcycle Safety Awareness Month” being observed in May.

As the weather gets warmer, more motorcycles are on the roads, and more traffic crashes are reported between vehicles and motorcycles. About 15% of all fatal crashes in Maryland involve motorcycles according to the Maryland Department of Transportation. On average, more than 60 motorcyclists die in traffic crashes on Maryland roads every year, and an additional 1,700 people, both riders and passengers, are injured in Maryland traffic crashes, according to statistics provided by the Maryland Department of Transportation.

If you are driving a car;

  • Share the road. Allow motorcycles the full width of the lane at all times.
  • Use care when driving near a group of motorcyclists.
  • Check mirrors and blind spots for motorcycles, especially before changing lanes, merging, and at intersections. The motorcycle’s size makes it difficult to judge their speed and distance.
  • Always signal if changing lanes so others know your intentions.

If you are operating a motorcycle;

  • Always wear a helmet and protective gear.
  • Carry your license with you and obey all traffic laws.
  • Stay in the middle of the traffic lane for better visibility.
  • Obey speed limits. Speeding is a factor in about 30% of motorcycle crashes according to the Maryland Department of Transportation.

Everyone on the roads should use extra caution during inclement weather, and never drive while impaired or distracted. Try to anticipate the moves of other vehicles on the road. Recognizing Motorcycle Safety Awareness Month will keep everyone safer on Maryland roads.

State Patrol reminds motorists to look twice, share the road with motorcycles
by Racine County Eye from https://racinecountyeye.com

Motorcycle fatalities increased 40% in 2020 over the previous five years’ average. May is national “Motorcycle Safety Awareness Month” and the Wisconsin State Patrol is asking motorcyclists and all other motorists to share the road, be alert and safe. 2020 preliminary data for Wisconsin shows there were 2,095 motorcycle crashes, 1,788 motorcyclists injured, and 112 motorcycle fatalities.

As warm weather returns, more motorcyclists will be on Wisconsin roads. “Drivers must be in the habit of looking for motorcyclists,” Wisconsin State Patrol Captain Jason Zeeh said, “and motorcyclists should watch for other vehicles and get properly trained and licensed. Together we can save lives.”

Motorcycle crashes often occur when a car or truck driver changes lanes, turns left or pulls out in front of a motorcycle. Motorcycles are smaller and more difficult to see, especially in your blind spot. Failure to yield the right of way to another vehicle (state law 346.18) can result in a $175 citation, but penalties are much more severe if the violation results in someone getting injured or killed.

Motorcyclists can do their part by getting properly licensed, wearing visible and protective equipment, and carefully scanning ahead for potential hazards such as gravel, debris or wildlife in the roadway.

Motorcyclists have two options to get the required Class M license: pass a motorcycle driving skills test after making an appointment at a Division of Motor Vehicles service center or successfully complete a WisDOT-approved rider education course. Motorcyclists who successfully complete an approved safety course earn a skills test waiver used to obtain their Class M license.

“Whether a person is brand new to motorcycling or a returning rider, a safety course is a wise investment,” Captain Zeeh said. “Safety along our roadways requires all drivers to share the road, watch their speed, eliminate distractions and be alert.”

American’s Top Reason For Accessing Driving Records Is To Check A Partner’s Record

By General Posts

from https://motorcycles.einnews.com

Checking the driving records of a spouse or partner is the main reason that people have been using a leading driving records website.

Checking the driving records of a spouse or partner is the main reason that people have been using a leading driving records website.

DMV.US.org, the leading site for driving records and data, has carried out research into the main reasons that people are using the site, and checking the driving records of a partner has come out tops. Other main reasons that people are using the site include checking their own records and reconnecting with a long-lost friend.

Some more unusual responses included trying to find the father of a child, looking up the previous owner of a pet, and one person even tried to search for information on President Trump!

The top 10 list of reasons for using DMV.us.org are:

Checking a spouse or partner
2. Checking themselves
3. Reconnecting with a long lost friend or relative
4. Checking on new neighbors when moving house
5. Checking a new person in their lives – a friend or lover
6. Checking celebrities or sportspeople
7. Searching people with the same name as them
8. To track down the father of their child!
9. To find the previous owner of a pet
10. Researching the owner of land.

Using Driving Records is a great way to find out information on a variety of subjects. You can use them to search yourself to make sure that the correct information is in the public domain, to reconnect with friends you may have lost touch with, and even to look up your neighbors if you have concerns about their driving!

DMV.us.org was created to provide driving records to commuters all over the United States. The site provides an extensive database of information on driving records. The only information required is a name and location and the site can generate a report that provides all driving data available.

Millions of Americans used DMV.us.org last year to research their driving records. Compared to other driving history providers, the site’s database supplies more information than just speeding offenses. DMV.us.org offers a comprehensive driving report for each customer that covers name, address, incarceration records, suspensions or revocations, and more!

For more information, please visit www.dmv.us.org or call customer support on 1-855-482-6235

AMD Affiliate Qualifier Bike Show 2019 at ROT RALLY

By General Posts

FREE STYLE WINNER GOES TO GERMANY FOR THE WORLD CHAMPIONSHIP

AMD Free Style Class

Anything goes, 2 or 3 wheel drivetrain/chassis motorcycle configuration as defined by the DMV. The only limitation is the builder’s imagination and resources.

This class is for those who want the chance for the opportunity to compete in AMD World Championship in Cologne, Germany. It is the direct path to the AMD World Championship of Custom Bike Building in Cologne, Germany to Intermot to challenge the best builders in the world.

$50 registration fee includes two passes to the entire weekend’s events and concerts

Winner gets $2000 on sight plus another $8000 expense when they show at the 2020 AMD World Championship of Custom Bike Building.

Trophies to 5th Place

Garage Builders Open Class

This class is for fabricators that wish to show to promote their business rather compete. Registration fee includes a 10×10 outdoor booth for Builder’s businesses. This class is also ideal for any garage builder wanting to show off their talents and maybe prepare for more serious competitions in future.

$25 registration fee includes two passes to the entire weekend’s

Trophies for Call Outs in each division

Custom Street Division l

Must start with 1985 (1984 EVO’s will be included in this class) later major OEM engine and frame as base. Must maintain original engine cradle configuration. Neck may be cut to rake or stretch frame. Hard tail sections and wide tire alterations are acceptable. Must be a 2 or 3 wheel motorcycle configuration as defined by DMV.

  • Best Harley
  • Best Indian
  • Best in Division Winner
  • Best Euro/Metric

Custom Classic Division ll

Must have a 1984 or earlier OEM engine, replica engines are not allowed. Custom or stock modified frames are acceptable. Must be a 2 or 3 wheel motorcycle configuration as defined by DMV.

  • Best Chopper
  • Best Cafe/Trakker
  • Best Bobber
  • Best in Division Winner