N.Y. Vehicle & Traffic Law § 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 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.