Requires that snowmobile noise emissions do not exceed specified levels

BILL NUMBER:S3335B

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 at four meters from an inline position from the exhaust and 4000 rpms.

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 traveling at a constant 15 mph. 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.

One generally accepted test is the J2567 developed by the Society of Automotive Engineers. This 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

This act shall take effect November 1, 2013.