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§ 123. Motorcycle. Every
motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the
ground, but excluding a tractor.
§ 381. Motorcycle
equipment.
1. (a) Every motorcycle,
driven upon the public highways of this state, shall be provided with
adequate brakes in good working order and sufficient to control such
motorcycle at all times, when the same is in use, a suitable and
adequate bell, horn or other device for signaling, one red to amber
stop lamp and shall, whenever such motorcycle is being operated upon
the public highways of the state, display one lighted lamp in front and
one on the rear, or, when such motorcycle is operated with a passenger
or other truck attached to the side or front two such lamps on the
front and one on the rear; and in all cases the lamps on a motorcycle
shall include a red light visible from the rear. The rays of such rear
lamp shall shine upon the number plate carried on the rear of such
motorcycle in such manner as to render the numerals thereon visible for
at least fifty feet in the direction from which the motorcycle is
proceeding. The light of the front lamp or lamps shall be visible at
least two hundred feet in the direction in which the motorcycle is
proceeding. Every such motorcycle shall have a suitable muffler or
device to prevent unnecessary noise from exhaust gases, and the use of
so-called "cut-outs" is prohibited.
(b) Driving a motorcycle
without the display of one lighted lamp in front and one on the rear,
during a period other than from one-half hour after sunset to one-half
hour before sunrise, shall not be deemed to constitute negligence or
contributory negligence in any action or proceeding arising out of the
operation of such motorcycle.
(c) The provisions of this subdivision relating to the display of one
lighted lamp in front and one on the rear during a period other than
from one-half hour after sunset to one-half hour before sunrise shall
not apply to a motorcycle, driven at a speed of less than twenty miles
per hour, owned by a municipality and used for the collection of
parking fees or the enforcement of parking regulations.
1-a. Every motorcycle registered in this state and manufactured or
assembled after January first, nineteen hundred seventy-one and
designated as a nineteen hundred seventy-one or subsequent year model
shall be equipped with brakes acting on the front as well as the rear
wheel.
2. No head lamp shall be used upon any motorcycle operated upon the
public highways of the state, unless such lamp is approved by the
commissioner or is equipped with a lens or other device approved by the
commissioner. Every such head lamp, lens or other device shall be
applied and adjusted in accordance with the requirements of the
certificate approving the use thereof. Every such head lamp shall be
firmly and substantially mounted on the motorcycle in such manner as to
allow the lamp to be properly and readily adjusted. Each reflector
which is used as a part of such head lamp shall have a polished silver
or glass reflecting surface, or a reflecting surface which gives candle
power intensity meeting the requirements of rules and regulations
established by the commissioner, and shall be substantially free from
dents, rust and other imperfections. The operator of every motorcycle
shall permit any policeman, police officer or other person exercising
police powers to inspect the equipment of such motorcycle and make such
tests as may be necessary to determine whether the provisions of this
section are being complied with. The commissioner may make reasonable
rules and regulations relative to lights on motorcycles and the
approval of the same which may be necessary to effectuate the foregoing
provisions of this section.
2-a. It shall be unlawful for any person to operate on the public
highways of the state any motorcycle manufactured or assembled after
October first, nineteen hundred sixty-eight and designated as a
nineteen hundred sixty-nine or subsequent year model unless such
motorcycle is
equipped with the lamps required by this section, which lamps shall be
of a type, design and construction approved by the commissioner.
3. Except as hereinafter provided, only a white or yellow light shall
be displayed upon a motorcycle so as to be visible from a point
directly in front of the vehicle. Any color light, except blue, may be
displayed, so as to be visible from a point directly in front of the
vehicle, on a police vehicle or on a motorcycle operated by a sheriff
or regular deputy sheriff when engaged in the performance of duty as a
police officer. Any color light, including blue, may be displayed, so
as to be visible from a point directly in front of the vehicle, on a
motorcycle operated by a chief or assistant chief of a fire department,
a county or deputy county fire coordinator, or a county or assistant
county fire marshal. A blue light may be displayed upon a motorcycle,
so as to be visible from a point directly in front of the vehicle, when
operated by an active volunteer member of
a fire department or company duly authorized as hereinafter provided,
and while such vehicle is in use for fire or other emergency service.
No volunteer fireman shall be permitted to display a blue light upon a
motorcycle as hereinbefore provided except while actually enroute to the scene of a fire or other
emergency requiring his services and unless he shall be an active
volunteer member of a fire department or company and shall have been
authorized in writing to so display a blue light by the chief of the
fire department or company of which he is a member, which authorization
shall be subject to revocation at any time by the chief who issued the
same, or his
successor in office.
4. Every motorcycle shall have at least one adequate red reflector
securely attached to the rear. Such reflector may be a part of the rear
lamp. No reflector shall be deemed adequate within the meaning of this
subdivision unless it is of a size and type approved by the
commissioner, and unless it is so designed, located and maintained as
to be visible for at least two hundred feet when opposed by a motor
vehicle displaying lawful undimmed headlights at night on an unlighted
highway. The provisions of this
subdivision with respect to reflectors shall be applicable, both day
and night, whenever the motorcycle is on a public highway.
* 5. No person shall operate on a public highway a motorcycle on which
the handle bars or grips are more than fifteen inches higher than the
seat or saddle for the operator.
* NB Effective until November 1, 2005
* 5. No person shall operate on a public highway a motorcycle on which
the handle bars or grips are more than the height of the operator's
shoulders.
* NB Effective November 1, 2005
6. It shall be unlawful for any person to operate or ride upon a
motorcycle unless he wears a protective helmet of a type which meets
the requirements set forth in section 571.218 of the federal motor
vehicle safety standards as may from time to time be amended. The
commissioner
is hereby authorized and directed to adopt regulations for helmets
which are consistent with the requirements as specified in section
571.218 of the federal motor vehicle safety standards as may from time
to time be amended. The police authorities of a city, town or village
may issue a
permit exempting members of organizations sponsoring or conducting
parades or other public exhibitions from the provisions of this
subdivision while such members are participating in such parades or
other public exhibitions.
7. It shall be unlawful, on and after January first, nineteen hundred
sixty-seven, for any person to operate a motorcycle unless he wears
goggles or a face shield of a type approved by the commissioner. The
commissioner is hereby authorized and empowered to adopt and amend
regulations covering types of goggles and face shields and the
specifications therefore and to establish and maintain a list of
approved goggles and face shields which meet the specifications as
established hereunder.
8. It shall be unlawful to operate on any public highway in this state
any motorcycle registered in this state which is equipped with a wind
screen, unless such wind screen meets the specifications established
therefore by the commissioner. The commissioner is hereby authorized to
adopt and amend regulations covering types of wind screens and
specifications therefore.
9. It shall be unlawful to sell, offer for sale or distribute any
goggles or face shields for use by the operators of motorcycles unless
they are of a type and specification approved by the commissioner and
appear on the list of approved devices maintained by the commissioner.
9-a. It shall be unlawful to sell, offer for sale or distribute any
protective helmets for use by the operators or passengers of
motorcycles unless they are consistent with the regulations of the
commissioner as provided in subdivision six of this section and within
the requirements
specified in section 571.218 of the federal motor vehicle safety
standards as may from time to time be amended.
10. It shall be unlawful after July first, nineteen hundred
sixty-seven to operate on any public highway in this state any
motorcycle registered in this state, unless such motorcycle is equipped
with a rear view mirror which shall be adjusted so that the operator of
such motorcycle shall have a clear view of the road and condition of
traffic behind such motorcycle.
11. No person shall operate a motorcycle on any highway which is:
(1) not equipped with a
muffler to prevent excessive or unusual noise;
(2) equipped with a
muffler from which the baffle plates, screens or other original
internal parts have been removed or altered;
(3) equipped with an
exhaust device without internal baffles, known as "straight pipes"; or
(4) equipped
with an exhaust system that has been modified in a manner that will
amplify or increase the noise emitted by the motor of such vehicle
above that emitted by the exhaust system originally installed on the
vehicle.
12. No person shall operate a motorcycle on any highway which is
equipped with an exhaust device that is intentionally designed to allow
for the internal baffling to be fully or partially removed or
interchangeable. This subdivision shall not apply to a motorcycle
manufactured or assembled prior to nineteen hundred seventy-nine or a
motorcycle registered as a limited use vehicle or an all terrain
vehicle pursuant to article forty-eight-A or forty-eight-B of this
chapter.
13. A violation of any of the provisions of this section shall be
punishable by a fine not exceeding one hundred dollars or by
imprisonment for not exceeding thirty days, or by both such fine and
imprisonment.
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Law Summary
Safety
Helmet - Required by law
Eye
Protection - Required by law
Daytime Use of
Headlight - Required by law-modulating headlight
permitted
Passenger
Seat -
Required if carrying a passenger
Passenger
Footrest - Required if carrying a passenger
Passenger
Age Restriction - None
Helmet Speakers -
Single earphone only
Periodic
Safety Inspection - Required by law
Mirror Left(L)
Right(R) - One required by law
Radar
Detector - No Restriction
Turn Signals -
Required if manufactured in 1985 or after
Muffler
-
Required; no straight pipes; no removal of baffles; no modification of
exhaust system that increases noise beyond exhaust system originally
installed. Ref: NYS Vehicle & Traffic Law, Article 9, Section 381
Maximum Sound
Level - Maximum Allowable A-Weighted Sound Levels at
Speed: 35 mph or less, 82 dB(A); over 35 mph, 86 dB(A), measured at, or
adjusted to, a distance of fifty feet from the center of the lane in
which the motorcycle is traveling. Ref: NYS Vehicle & Traffic Law,
Article 10, Section 386.
State
Insurance Requirements - Compulsory Liability
(Minimum Limits)(25/50/10) - Minimum limits where death results are
50/100.
Handlebar Height -
Handle bars or grips cannot be more than the height of the operator's
shoulders.
Rider-Education
Waiver - Skill Test
Accept Motorcycle
Endorsement From Other States - Yes
Motorcycles
operating two abreast in same lane - Yes.
§
1252. Operating motorcycles on roadways laned
for traffic § 1252. Operating motorcycles on roadways laned for traffic. (a) All motorcycles are
entitled to full use of a lane and no motor vehicle or motorcycle shall
be driven in such a manner as to deprive any motorcycle of the full use
of a lane. However, this subsection shall not be construed to prevent
motorcycles from being operated two abreast in a single lane.
Lane Splitting
- No
§ 1252. Operating motorcycles on roadways laned
for traffic (b) The operator of a motorcycle shall not overtake and
pass in the same lane occupied by the vehicle being overtaken. (c) No
person shall operate a motorcycle between lanes of traffic or between
adjacent lines or rows of vehicles.
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