NY Veh & Traf L § 381 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 3 - Safety Responsibility; Financial Security; Equipment; Inspection; Size and Weight; and Other Provisions Article 9 - Equipment of Motor Vehicles and Motorcycles 381 - 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 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 firefighter 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 or her services and unless he or she 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 or she  is  a  member,  which authorization  shall  be  subject to revocation at any time by the chief who issued the same, or his or her 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.   * NB Effective until April 1, 2022   * 13. A violation of any of the  provisions  of  this  section  except subdivisions  eleven  and  twelve  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. A violation of subdivision eleven or twelve of this section shall be  punishable  by  a fine  not  exceeding  five  hundred  dollars  or by imprisonment for not exceeding thirty days, or by both such fine and imprisonment.   * NB Effective April 1, 2022