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silent choice illegal in n.y. ?

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Old 07-02-2003, 08:38 PM
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Default silent choice illegal in n.y. ?

was out boating upstate ny last weekend ( lake george ) and was pulled over by authorities and told that silent choice exhaust is illegal in n.y. state is this true and why ?
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Old 07-02-2003, 09:07 PM
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I think they were somewhat misinformed. Most states use the SAE J2005 spec for testing. It stipulates that the reading be taken with any type of switching device disabled. In other words, they want to test you at your loudest. Now some states have made the law say that it must be disabled and some have actually said it is illegal to have it operating-with no mention of the test-duh. You will need to look up the law and see how New York wrote it-they may have screwed up and actually made it illegal to have switching exhaust.
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Old 07-02-2003, 09:15 PM
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Switchable exhaust has been illegal in Alabama since 1959,it is called an exhaust cutout device. Got involved in a case in 1986 on a Glastron. Owner said he would fight the ticket, the state backed down. Law is still on the books but not enforced. Common sense says that a devise that can quiten a boat down is better than straight thru exhaust which is legal,go figure.
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Old 07-02-2003, 09:41 PM
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I do not believe that "silent choice" type exhaust is illegal in NY. Navigation Law section 44. 2(a) requires compliance with SAE J2005. I will check further into the law on "cut outs".

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Old 07-02-2003, 10:39 PM
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After a little research, I found that the section of NYS Navigation Law that made reference to "cut outs" was repealed on 2/3/94. There might be some "Local" or "County" regulations that the officer was referring to. You only state that the "authorities" pulled you over, was it the State Police or a County Sheriff? If you let me know, I will attempt to contact them and find out more information.

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Old 07-02-2003, 11:05 PM
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Default Silent Choice

Lake George is patroled by NYS Police,Warren County Sheriffs and the Lake George Patrol.

Typically LG Patrol issues the most noise tickets. The present decibel level I believe is 87. You can never keep it straight because they are always trying to sneak through lower levels.

The switchable exhaust has to do with an old law on the books to do with cars with cut outs.

This is just their way to welcome tourists.
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Old 07-03-2003, 12:01 AM
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NYS Navigational Law, as pertaining to exhaust. Note: It is illegal to bypass a muffler system " to reduce or eliminate the effectiveness of any muffler or muffler system installed."

Using a silent choice system is just the opposite. It increases the effectiveness of any muffler installed. And it would certainly not "reduce or eliminate" the effectiveness of a non-installed muffler system.


-----------------------------------------------

44. Noise levels on pleasure vessels.
1. The provisions of this section shall apply to the navigable waters of the state including all tidewaters bordering on and lying within the boundaries of Nassau and Suffolk counties.
2.
(a) No person shall operate or give permission for the operation of any pleasure vessel in or upon the waters of this state in such a manner as to exceed a noise level of 90dB(A) when subjected to a stationary sound level test as prescribed by SAE J2005.
(b) No person shall operate a pleasure vessel on the waters of this state in such a manner as to exceed a noise level of 75dB(A) measured as specified in SAE J1970. Provided, that such measurement shall not preclude a stationary sound level test as prescribed by SAE J2005.

3. Sale or manufacture. No person shall manufacture or offer for sale any pleasure vessel or engine for use in a pleasure vessel for use on the waters of this state if such vessel or engine, at the time of manufacture or sale, cannot be operated in such a manner so as to comply with the sound level requirements provided in this section.
4. No person shall operate or give permission for the operation of any pleasure vessel in or upon the waters of this state that is equipped with an altered muffler or a muffler cutout, bypass or otherwise reduce or eliminate the effectiveness of any muffler or muffler system installed in accordance with this section.
5. No person shall remove, alter or otherwise modify in any way a muffler or muffler system in a manner which will prevent it from being operated in accordance with this section.
6. Exceptions. The provisions of this section shall not apply to pleasure vessels designed, manufactured and sold for the sole purpose of competing in racing events and for no other purpose. Any such exemption or exception shall be so documented in any and every sale agreement and shall be formally acknowledged by signature on the part of both the buyer and the seller and copies of said agreement shall be maintained by both parties. A copy shall be kept on board whenever the pleasure vessel is operated. Any pleasure vessel sold under this exemption may only be operated on the waters of this state in accordance with this section.
The provisions of this section shall also not apply to:
(a) Pleasure vessels which are competing in or participating for a definite race over a given course held under the auspices of any bona fide club or racing association between the hours of nine o'clock in the morning and sunset, which has been approved pursuant to the provisions of section thirty-four of this chapter, and all provisions of such section have been complied with or pursuant to authorization by the commandant of the United States Coast Guard.
(b) An authorized agent of the federal, state or municipal government when operating a pleasure vessel necessary to carry out his or her official duty of enforcement, search and rescue, firefighting or research programs.
(c) A pleasure vessel being operated by a boat or marine engine manufacturer for the purposes of testing and/or development.
(d) A pleasure vessel manufactured prior to nineteen hundred sixty-five.
7. Any officer authorized to enforce the provisions of this section who has reason to believe that a pleasure vessel is not in compliance with the noise levels established in this section may direct the operator of such pleasure vessel to submit the pleasure vessel to an on-site test to measure noise level, with the officer on board if such officer chooses, and the operator shall comply with such request. If such pleasure vessel exceeds the decibel levels established in this section, the officer may direct the operator to take immediate and reasonable measures to correct the violation, including returning the pleasure vessel to a mooring and keeping the pleasure vessel at such mooring until the violation is corrected or ceases.
8. Any officer who conducts pleasure vessel sound level tests as provided in this section shall be qualified in pleasure vessel noise testing by the department of parks, recreation and historic preservation. Such qualifications shall include but may not be limited to the selection of the measurement site, and the calibration and use of noise testing equipment.
9. Penalties.
(a) Any person who fails to comply with the provisions of this section shall be guilty of a violation punishable by a fine not to exceed fifty dollars for the first offense and not exceeding two hundred fifty dollars for a second or subsequent offense. However, the court shall waive any fine for which a person who violates the provisions of this section would be liable if such person supplies the court with proof within thirty days of the issuance of the summons that he purchased his pleasure vessel prior to the effective date of this section, that the pleasure vessel's muffler was not altered or made inoperable so as to result in a violation of the provisions of this section, and that the pleasure vessel has been repaired, altered or modified so as to be in compliance with the provisions of this section. Provided, however, that such waiver of fine shall not apply to a second or subsequent conviction under this section.
(b) Any person who alters or makes inoperable an effective muffler system so that such system is no longer in compliance with this section shall be guilty of a violation punishable by a fine of not less than fifty dollars nor more than two hundred fifty dollars.
(c) All fines and forfeitures collected pursuant to the provisions of this section by any court, judge, magistrate or other officer referred to in subdivision one of section thirty-nine of the judiciary law, establishing a unified court budget, shall be paid to the state commissioner of taxation and finance, within the first ten days of the month following collection to be deposited in a fund known as the boating noise level enforcement fund established pursuant to section ninety-one-b of the state finance law. The office of parks, recreation and historic preservation shall distribute the fines to local law enforcement officials according to the provisions of section seventy-nine-b of this chapter for the purpose of enforcing the provisions of this section.
10. All fines and forfeitures collected by any other court, judge or magistrate or other officer shall be paid to the state comptroller within the first ten days of the month following collection to be deposited in a fund known as the boating noise level enforcement fund established pursuant to section ninety-one-b of the state finance law. The office of parks, recreation and historic preservation shall distribute the fines to local law enforcement officials according to the provisions of section seventy-nine-b of this chapter for the purpose of enforcing the provisions of this section.
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Old 07-03-2003, 12:30 AM
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"Silent Choice" (with other brands aka "Sound Choice" etc.) is a switchable system that runs the exhaust below the waterline and out through the prop(s) through what's called a "Y-Pipe." This is (when switched on) the most effective sound reduction system under the sun.

This discussion is headed "silent choice illegal in n.y.?" It is not illegal. Bypassing a muffler system to reduce or eliminate its effectiveness is illegal.

Whether a manufacturer ignores the law or not (many do), the onus is on the operator who may not exeed 90dB according to SAE J2005 (or 75dB according to SAE J1970.)

I would challenge any ticket written without the ascribed testing procedure, performed by a qualified officer.
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Old 07-03-2003, 08:06 AM
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26 sonic , hi

I am the one with the hustler, i met you last week. They hassle me all the time. what you do is do not cooperate at all, do not help them hold there boat against yours and remind him that if he scratches your custom paint job he is going to have problems, then tell him he is more than welcome to do his test but you do not feel comfortable operating your vessel with someone that close to the back so he will have to do it, just be such a pain in the ass that they never want to pull you over again.
I actually saw you get pulled over, he started after me when he left your boat, i was just leaving the docks at neptunes, I just put the hammer down and did not let up until indian kettles(the view), that dick head never stood a chance but i give him credit he did not give up until the sagamore, I could see him coming way back in the distance, lol.
Another thing i dispise is having to purchase those lake george permits, The money generated by those permits is supposed to be for research and preserving the lake, if that is what it was used for I would not have a problem with buying one, but they use the money to buy more patrol boats, and hire more officers, so they can make sure that they have enough man power to screw with everyone on the lake.
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Old 07-03-2003, 08:10 AM
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dckrafft the lake george police pulled us over in the villageand told us our "silent choice or switchable exhaust " was illegal in ny state. he then made us turn off the mufflers so he could hear the exhaust coming out the back of the swim platform and proceeded in taking a 3 ft ruler and measuring 3foot off the swim platform and using a decibal meter at the end of the ruler to get a reading at idle. he measured 88 decibels and said the limit was 90 decibels. he said we were legal as far as noise but could at any time issue us a ticket for the switchable exhaust !
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