2006 New York Code - Motorcycle Equipment.

 
    § 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  the  height  of  the  operator's
  shoulders.
    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 therefor 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
  therefor by the commissioner. The commissioner is hereby  authorized  to
  adopt   and  amend  regulations  covering  types  of  wind  screens  and
  specifications therefor.
    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.