Res. No. 1099
Resolution calling on the New York State Legislature to pass, and the Governor to sign, legislation that would consider certain penalties set forth by New York City’s Section 31-115 (Noise Code Penalty Schedule) that relate to excessive noise from motor vehicles as traffic violations, so License Violation Points may be issued to the offender by the New York State Department of Motor Vehicles.
By Council Member Vallone
Whereas, The New York State (NYS) Department of Motor Vehicles (DMV) was created in 1961 to ensure traffic safety and reduce accidental deaths due to motor vehicles statewide; and
Whereas, Currently, if a person is issued a ticket for a non-criminal moving traffic violation in New York City (NYC), it will be adjudicated by the NYS DMV Traffic Violations Bureau; and
Whereas, As a preventative measure to ensure vehicle safety, many traffic violations can result in License Violation Points, which are added to a driver’s record by the NYS DMV’s Driver Violation Point System; and
Whereas, The Driver Violation Point System is responsible for identifying and taking action against high risk drivers, setting a limit of 11 or more License Violation Points within any 18-month period before a driver’s license is revoked or suspended, following a hearing; and
Whereas, Pursuant to Section 31-115 (Noise Penalty Schedule) of the NYC Administrative Code, penalties in NYC are set out for specific violations related to noise, providing the description of a violation, the violation offense and the penalty cost; and
Whereas, Violations within the Noise Penalty Schedule range from: operating equipment without a valid registration, to failure to comply with noise abatement contract requirements, to operating a compacting vehicle producing excessive noise, with penalties ranging anywhere from $50 to upwards of $9,600, based on the number of offenses a person has committed; and
Whereas, The Noise Penalty Schedule covers certain excessive noise violations associated with motor vehicles, such as Section 24-225(b), 24-233(b)(2), 24-236(a) and 24-238(b); however, it only penalizes the offender with a fine; and
Whereas, In addition, excessive noise associated with a motor vehicle is not a recognizable offense by the NYS DMV’s Driver Violation Point System, thus is not an offense that can lead to License Violation Points and license suspension or revocation; and
Whereas, This results in the increased prevalence of excessive noise coming from motor vehicles, and the continued distraction of fellow drivers and surrounding communities; and
Whereas, For example, excessive noise from motor vehicles is prevalent near Citi Field in Queens, with surrounding communities complaining about excessive noise coming from vehicles equipped with many speakers/stereos, including, in June 2016, when a man had outfitted his van to blast music from more than 50 individual speakers, according to NBC New York; and
Whereas, Allowing the NYS DMV to issue License Violation Points to motorists with
excessive noise coming from their vehicles would ensure that fellow drivers and surrounding communities are not distracted or disturbed, and that drivers who are using excessive noise are properly penalized, with the possibility of license suspension or revocation; now, therefore, be it
Resolved, That the Council of the City of New York calls on the New York State Legislature to pass, and the Governor to sign, legislation that would consider certain penalties set forth by New York City’s Section 31-115 (Noise Code Penalty Schedule) that relate to excessive noise from motor vehicles as traffic violations, so that License Violation Points may be issued to the offender by the New York State Department of Motor Vehicles.
KK
LS 10963
7/24/19