Crush NYC Intro 416(a)

ATTENTION NYC INTR 416A Update
Category: News and Politics

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Folks, it looks like we may be gaining some traction against Int 416-A,
the draconian new laws being proposed for NYC's Administrative Code
which would impose thousands of dollars in fines and seizure of your
motorcycles, even while parked, merely for lacking a label on the
exhaust pipe declaring the can's type acceptance for your model and year
of motorcycle. BUT DO NOT BE COMPLACENT!! !

NOW is the time to locate your NYC Council member:

http://council. nyc.gov/html/ members/members. shtml

NOW is the time for affected non-residents to contact the Speaker:

http://council. nyc.gov/d3/ html/members/ home.shtml

Let them know, by email or FAX or whatever makes you happy, that you
need them to get rid of INT 416-A altogether and make sure it never
again comes back to haunt us.

Some key points in tonight's email from me to Council member Melinda
Katz include:

Language - since removed in the latest draft written 12/29/2008 - that
would require owners to remedy violations while the vehicle was in
police custody, and allowing the outright illegal seizure of a vehicle
on first accusation, prior to determination of actual guilt.

The new language allows for seizure after a second notice of violation
or summons, but does not require a determination of actual guilt for
prior violations or summonses, or even any determination at all.

Current Federal law only requires labeling on "newly produced
motorcycles" , and does not require the preservation or maintenance of
such labeling after sale. Think about being fined and having your
mattress confiscated because you removed the tag.

Current Federal law allows exhaust system replacement with an equivalent
that may not have labeling specifically claiming type acceptance on the
motorcycle for which it is being used, as long as it meets the noise
regulations applicable to that model and year.

The OEM labels are not always visible in spite of Federal law requiring
them to be "plainly visible."

It is not reasonable to expect law enforcement officers to make fair and
accurate determinations about the exhaust systems on parked motorcycles
that even many of us motorcycle enthusiasts would have trouble making.

There are bizarre inconsistencies regarding adjudication, stating that
violation of this new code shall be a "traffic infraction" but that it
would be "adjudicated by the parking violations bureau". The Council's
report states punishment would be in accordance with VAT Section 1800,
which as far as I know governs violations which are not typically
adjudicated in the PVB.

The language defines a non-compliant exhaust system as a "straight pipe"
in this proposed law. Am I the only one who sees how bizarre and
awkward this is? "We say this pineapple is a mango because it has no
label that says it's a pineapple." Someone, please, hand me my heart
medication.

The time period for the release of seized vehicles in this proposed law
is written as "promptly". This is impossibly vague and is not
acceptable.

The proposed law permits seizure of alleged straight pipes, which taken
literally would invite official vandalism of unattended motorcycles
alleged to be in violation.

The proposed law dictates notification of vehicle seizure by first class
mail, which is not a guaranteed service and offers absolutely no proof
of delivery or non-delivery.

The proposed law specifies a twenty day period between seizure and
declaration of abandonment (and subsequent forfeiture), even where the
Environment Control Board has determined that there was no violation.
This time period is short enough that seizure during a vacation or
business trip would be sufficient to result in the loss of the vehicle
altogether, with no avenue of recourse for the owner, guilty or not.

The law is discriminatory, not only because it targets motorcycles to
the exclusion of all other motor vehicles, but because it also unfairly
subjects the maintenance of motorcycles' exhaust systems to practical
and financial burdens far in excess of those imposed on other motorists,
who are entirely free of any labeling requirement or official
declaration of type acceptance at all. It would require nearly all
motorcyclists to buy OEM exhaust systems exclusively and at typically
great expense, and to decommission motorcycles for which OEM parts are
no longer available, while all other motorists are free to visit the
likes of Midas, Meineke, etc. and purchase far less costly, functionally
equivalent parts.

This proposed law presumes guilt over innocence, assuming guilt merely
because a label may not be visible. The potential for collateral damage
is without parallel.

The need for this law may be tending toward obsolescence. In recent
CENYC surveys, the problem of motorcycle noise declined markedly in each
of the last several years and now takes second place to noise from
neighbors, general street traffic, emergency vehicles, unnecessary horn
honking, car stereos and car alarms.

The effect of this proposed law is on par with enforcing Orwellian
thought-crimes, giving police the ability to write _noise_ summonses
against parked, _non-running_ and perhaps even _non-operational_
vehicles. Imagine rolling a non-runner from the bed of the pickup truck
and finding it the next day with a $1000 summons, or worse yet,
confiscated.

My fellow motorcyclists, please view the law and council reports here:

http://www.nyccounc il.info/html/ legislation/ legislation_ details.cfm? ID=Int%200416- 2006&TYPE=all&YEAR=2006&<WBR>SPONSORS=YES&REPORTS=YES&< WBR>HISTORY=YES

Download the ..:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><?XML:NAMESPACE PREFIX = ST1 /><ST1:DATE Month="12" Day="29" Year="2008">12/29/2008</ST1:DATE> draft of Int 416-A from yesterday's meeting with
Alan Gerson here:

http://bytebrothers .net/images/ Int416A_Draft_ 200812291345. pdf

Read it carefully and give it lots of thought.

Folks, I'm not a lawyer but even as a layperson I can assure you this
legislation is the most poorly written, ill-intended, vindictive pile of
feces I've seen in a long time. In my opinion the folks who wrote it
have no future in law.

Take my key points, word them as your own, and get those emails, letters
and FAXs out to the NYC Council members IMMEDIATELY letting them know
that Int 416-A must be voted down and that no legislation like it should
ever see the light of day again.