New York State SLEEP Act

[emmett]

NYS motorcycle riders: Does anyone have any opinion, useful advice on getting bikes with aftermarket exhausts inspected?  I just found out about this new law that went into effect this past April 1, 2022. I have a 2015 FZ 07 with a full Yoshi R77 and no baffle. My dealer friend said he could not inspect the bike, at the risk of $1K fine and losing his NYS inspection license. I don't have the original stock 'sewing machine' exhaust, as I bought the bike pre-owned. If I get busted for no inspection/loud bike, I will get hit with the mandatory $1K fine also. I was thinking about buying a full Akro titanium exhaust that also can be used with their Akro canister catalytic converter (installes inside the can), but I don't know if it would be compatible with the new NYS inspection codes. I won't lay out $1K+ for the Akro unless I'm sure of the decibel rating and compliancy with the SLEEP act. Anyone who may have any advice, options, opinions...please feel free to comment. I'm waiting to hear from Akro on their specs (Db ratings). My dealer said he's been inundated with calls from panicked riders looking for answers and/or used stock exhausts. There are many of us with loud bikes that are virtually useless right now because we can't get them inspected. I, for one, have called my NYS senator and signed a petition... hope that helps to 'grandfather' older bikes. HELP, please.

[klx678]

Got any relatives in other states where there are no laws like that?   If so, register using their address in their state.   Is it a good idea?  I don't know.  I just remember we had a guy that did stuff like that, who came in the dealership.  

I will tell you I put a full 18" can Delkevic exhaust with the quiet core in it on my XSR700 and it is less than 96 dB at around 4000 rpm,  it is in the mid 80 dB at idle.   It isn't obnoxious loud.  I also picked up the extra quiet core when I got the pipe to play it safe on the exhaust being too loud.   It is virtually perfect as it was delivered.   I have a nice tone that is barely louder than stock, but nicer sounding.   A bit quieter than the Yamaha flat trackers, but similar tone.

I figure I don't want everyone noticing me when I ride through town.  No need to make everyone "hear the thunder", leave that for the "loud pipes save lives" riders and squids.   Suffice it to say I am no longer a twentysomething or even thirtysomething for that matter.

[M. Hausknecht]

As is the case with many new laws, there is misunderstanding by the media and others concerning what this new law prohibits. I also suspect there will be litigation over what the law prohibits as law enforcement begins to issue tickets (including against conduct that may not actually be prohibited) that will eventually provide clarity. Until then, best of luck to my many motorcycle loving friends in New York (where I lived for over 50 years).

I should preface this: I was an attorney in NY for over 35 years; I am no longer a licensed attorney anywhere and cannot lawfully provide legal advice; and I am not providing any legal advice here so if you get in trouble it's not my fault. I'll set out the operative provisions of greatest concern to motorcyclists and offer a few observations about them. I'm omitting citations and other lawyerly shet but everything in quotes is in NY law. Anything in CAPS is original, in the statute too.

This provision is the best place to start because this is the one that matters most to riders and owners:

"Every motor vehicle, operated or driven upon the highways of the state, shall at all times be equipped with an adequate muffler and exhaust system in constant operation and properly maintained to prevent any excessive or unusual noise and no such muffler or exhaust system shall be equipped with a cut-out, bypass, or similar device. No person shall modify the muffler or exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor or exhaust system of such vehicle above that emitted by the muffler or exhaust system originally installed on the vehicle and such original muffler and exhaust system shall comply with all the requirements of this section."

Ok, so you need an exhaust system and it cannot have any cutout or bypass (mostly applicable to cars; I've never seen a cutout or bypass on a motorcycle), and it (the exhaust system or muffler) cannot be modified in such a way as to make the motorcycle louder than the stock exhaust. I see a few open questions here.

If you have purchased and installed an aftermarket exhaust but not made any changes to it, have you "modified the exhaust system and muffler"? You've certainly replaced these items but does the word "modified" include "replace" or not? Yeah, this is the shet lawyers carry on about when it serves their clients' interests. Let's assume "modified" includes "replaced", so they got you there. Next issue, is your aftermarket exhaust "louder than...stock"? The burden of proof here is on the State, so don't ever admit this to a cop or a Judge (you have a right not to incriminate yourself) and how do you know anyways (if you never heard the stock exhaust, for example)? Cops don't carry DB meters and they don't know how loud the stock exhaust is on any particular motorcycle. Imagine, there you are in traffic court and the cop testifies your bike was loud, louder than stock. I'd love to do the cross-examination on this one. Has he ever heard a stock FZ/MT o7? Under the same environmental circumstances? At the same distance? Motorcycles going the same speed, with the same throttle? How do you know the extra sound isn't from my individual air filters (or other intake modification that causes intake noise to increase, which is not prohibited).  Cops get training in how to judge speed; I bet they don't get training on evaluating noise. Anyways, except for bikes that are really really loud, I see trouble here for law enforcement enforcing this against riders.

I think the drafters of the law figured as much, so the meat of the new statute is aimed at retailers and inspectors. So, it is "illegal to sell, offer for sale, or install a cut-out, bypass or similar device for the muffler or exhaust system of a motor vehicle or motorcycle." As I noted, we don't do cutouts or bypasses, and a "similar device" should NOT be deemed to include a slip on or complete replacement exhaust; its just too different to provide notice as to what is prohibited (Constitutional issue).

Also: "No person shall, in the state, sell, OFFER FOR SALE OR install [or use] a motorcycle exhaust device without internal baffles, known as 'straight pipes'." Putting aside some Harley crazys, I don't think anyone sells runs "straight pipes" on a motorcycle. Even the loudest (reputable) slip ons and whole systems include a muffler with some  baffling and/or fiberglass mat intended to quiet the exhaust.

Also: "No person shall, in the state, sell, OFFER FOR SALE OR install [or use] a motorcycle exhaust device that is intentionally designed to allow for the internal baffling to be fully or partially removed or interchangeable OR THAT HAS BEEN MODIFIED IN A MANNER THAT WILL AMPLIFY OR INCREASE THE NOISE EMITTED BY THE MOTOR OF A MOTORCYCLE ABOVE THAT EMITTED BY THE EXHAUST SYSTEM ORIGINALLY INSTALLED ON SUCH MOTORCYCLE...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."

This provision is poorly drafted, so it isn't clear what it means entirely. First, it seems to prohibit removable or replaceable baffles. This is a problem potentially for some slip ons/exhaust systems because they accommodate different baffles (Yosh and Akra come immediately to my mind). But does it? You see all that lingo in CAPS about modified and louder than stock? An open question, in my mind anyways, is whether the louder than stock lingo also applies to the removable or interchangeable baffling? In light of the statute's purpose, there shouldn't be anything wrong with a removable or replaceable baffle unless it is louder than stock. But this isn't clear.  Again, the "modified" lingo and louder than stock issues I discussed earlier apply to this provision as well. Oh yeah, pre-1979 motorcycle, there seems to be an exception to the prohibitions of this provision.

There are then some new prohibitions on inspectors. This stuff is really a problem, it seems: "A LICENSE TO OPERATE AN OFFICIAL INSPECTION STATION OR A CERTIFICATE TO INSPECT VEHICLES SHALL BE SUSPENDED OR REVOKED OR RENEWAL THEREOF SHALL BE REFUSED BY THE COMMISSIONER OR ANY PERSON DULY DEPUTIZED, UPON A THIRD OR SUBSEQUENT WILLFUL VIOLATION, ALL WITHIN A PERIOD OF EIGHTEEN MONTHS, OF ANY RULE OR REGULATION OF THE COMMISSIONER REQUIRING AN INSPECTION STATION TO INSPECT THE MUFFLER OR EXHAUST SYSTEM OF A MOTORCYCLE AS SET FORTH IN SUBDIVISION (C) OF SECTION 79.28 OF TITLE 15 OF THE CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK." Ok, so 3 willful violations of the rules concerning inspection of mufflers and exhaust systems.

Here are the rules referenced in the new statute: "Exhaust system and muffler (does not apply to electric motorcycles). 1. Check exhaust 1. System or elements are not securely fastened. Not system and muffler equipped with an adequate exhaust system and muffler to prevent excessive noise. Equipped with cut outs, bypass or any device which allows excessive noise. Equipped with a replacement exhaust system or components that are not equivalent to original. Diffusers or resonators or any internal muffler parts are removed."

"Excessive noise" is referenced but no where defined. Lots to fight about there. Then again, we can ignore the stuff about cut outs and by passes. Now, the important stuff: "Equipped with a replacement exhaust system or components that are not equivalent to original." Presumably, "equivalent to original" means no louder than the original exhaust. If "equivalent" meant more, like "identical", why use the word "equivalent" instead of identical?   Ok, so how will law enforcement prove that an inspector knew your aftermarket exhaust is louder than stock? After all, if the inspector doesn't know your exhaust is louder than stock, he can't "willfully" violate this section of the statute. How would the inspector know its louder (assuming he doesn't just admit the violation)? DB meters aren't required, and original equipment exhaust sound measurements aren't readily available. And then, how will the State determine and prove that your exhaust is louder than stock and was at the time of your inspection? Maybe you put a stock exhaust on or the inspector doesn't recall the exact exhaust you had at the time of inspection. Of course, if an exhaust is really loud, anyone inspecting motorcycles is likely to know that but what if your exhaust isn't obnoxiously loud and you don't ride in to the inspection station with a wide open throttle. Just sayin'.

I think a lot of Harley guys are screwed and bozos with open pipes. I hope some inspectors will find their cajones and pass bikes that aren't scary loud. Best wishes to ya'll New Yorkers from sunny and law-free North Carolina!

 

Edited April 18, 2022 by M. Hausknecht

[Nealsmo]

I bought a stock exhaust off eBay for about $135 last year.  Lots of used take-offs available for a reasonable cost.  Might be able to find one locally too.

I used to swap exhausts on my race car every two years for SMOG inspection for similar reason.  Luckily the bike can be swapped relatively easy so you can put the Yoshi back on after inspection. 

[emmett]

Thanx for all the responses, especially M. Hausknecht, for your insights. I located a 'like new' stock exhaust yesterday. The guy almost immediately replaced the stock pipe with an after-market system and is selling me the stock one for $150. SLEEP Act is not an issue for him, as he lives out of state. It's gonna be a PIA to switch back and forth, just for the inspection, but hey, it beats getting a citation for no inspection and a loud pipe. I love the sound of the Yoshi R-77. The Yoshi is loud, but not like the Hogley guys that literally make me hold my ears. I'm 69 years old and past being intentionally annoying to other people.

[emmett]

Does anyone know if a 2017 stock exhaust will fit a 2015 FZ07? I believe it will because everything I read says there were no differences between the '15 '16 '17 model years. Just trying to be cautious.

[shinyribs]

I can't speak to the law stuff at all, but another option for a fully compliant exhaust ( that's cheaper than the Ti system) is Yoshimura Y Series. Google it. They were dealership option pipes, retained a cat and have 50 State compliance tags welded on in plain view.  

 

Got one on my 09 and am pretty happy with it. It's not screaming loud but has a good tone. There is a removable baffle for days you feel like playing.

 

No cop can ding you with a fully compliant exhaust that was sold as a Yamaha option. Definitely gives you a leg to stand on in situations like this. 

 

Edited April 19, 2022 by shinyribs

[mjh937]

Just now, emmett said:

Does anyone know if a 2017 stock exhaust will fit a 2015 FZ07? I believe it will because everything I read says there were no differences between the '15 '16 '17 model years. Just trying to be cautious.

Yes, it will fit just fine.  The only difference between the ‘15, ‘16 and ‘17 was the available colors. 

[emmett]

Thank you... I went to a OEM Yamaha parts warehouse site, at the suggestion of my wife, and did indeed see that the part number was exactly the same for all three years.  I bought one complete stock 017 exhaust from someone in Connecticut (nearby) who still had it from his upgrade and sold it to me for $150.  It was only lightly used, as he upgraded almost immediately. I hate the thought of having to switch out my R77 Yoshi just to pass NYS inspection, then switch back to the Yoshi...what a PIA.

[mjh937]

Just now, emmett said:

Thank you... I went to a OEM Yamaha parts warehouse site, at the suggestion of my wife, and did indeed see that the part number was exactly the same for all three years.  I bought one complete stock 017 exhaust from someone in Connecticut (nearby) who still had it from his upgrade and sold it to me for $150.  It was only lightly used, as he upgraded almost immediately. I hate the thought of having to switch out my R77 Yoshi just to pass NYS inspection, then switch back to the Yoshi...what a PIA.

I am glad you found a stock exhaust at a reasonable price.  Fortunately we do not have inspections in Washington state.  It is illegal to have an exhaust that is louder than stock here but I have never heard of anyone getting a ticket for that and there are many motorcycles with very loud exhausts on the road.  

At least you will get good at changing exhausts.    You may want to pick up some exhaust gaskets in case you need to replace them after a few exchanges. 

[emmett]

I've been riding in NYS since 1975 and noise was never an issue...sometimes an annoyance yes, but never enough to ticket or fail inspection. I'm not sure what prompted our Governor to enact this law, but it came without any warning and just before inspection time/riding season. I was lucky to find a used system, as new ones are $850 from factory OEM sellers. Tank Girl mentioned the new Yoshimura Y series full exhaust systems. I went to their site and found that they do indeed sell a complete system, bike specific, all of which are CARB compliant in all 50 states. The FZ07 model is $974, including the catalytic converter and Db killer, for anyone interested. KUDOS to TANK GIRL. I may keep the stock one on, though it sounds like a singer sewing machine, or switch back to the R77, but at least I know I can buy the Yoshi Y series.

[mjh937]

Just now, emmett said:

I've been riding in NYS since 1975 and noise was never an issue...sometimes an annoyance yes, but never enough to ticket or fail inspection. I'm not sure what prompted our Governor to enact this law, but it came without any warning and just before inspection time/riding season. I was lucky to find a used system, as new ones are $850 from factory OEM sellers. Tank Girl mentioned the new Yoshimura Y series full exhaust systems. I went to their site and found that they do indeed sell a complete system, bike specific, all of which are CARB compliant in all 50 states. The FZ07 model is $974, including the catalytic converter and Db killer, for anyone interested. KUDOS to TANK GIRL. I may keep the stock one on, though it sounds like a singer sewing machine, or switch back to the R77, but at least I know I can buy the Yoshi Y series.

CARB is California Air  Resources Board.  I am not sure how CARB compliance would matter in states other than California.  Also I believe that is an emissions standard and not noise, so I do not know it that it means it would pass inspection if they are also testing exhaust db readings.  Sorry to muddy the waters but I do not want you to spend $1,000 for a system that may not be in compliance. 

[M. Hausknecht]

Just now, mjh937 said:

CARB is California Air  Resources Board.  I am not sure how CARB compliance would matter in states other than California.  Also I believe that is an emissions standard and not noise, so I do not know it that it means it would pass inspection if they are also testing exhaust db readings.  Sorry to muddy the waters but I do not want you to spend $1,000 for a system that may not be in compliance. 

Correct on all counts! But because there is no requirement in NYS for actual db testing, you're at the mercy of any inspector who is highly risk adverse and declines to "pass" any aftermarket exhaust even if quiet enough (if there was db testing). 

[emmett]

Thanx for all your help and good advice; nice to know we can look out for one another here. The system is CARB compliant, as well as emissions compliant in the 50 states (my bad). Supposedly the sound is about the same decibels as the stock unit.

[fzar]

I have a stock exhaust with headers if anyone encounters this problem and needs one. It's been in my attic for 2 years, HMU if needs be.

[00RAH]

I like it when people refer to the mt07s exhaust as a sewing machine.

Edited April 28, 2022 by 00RAH

[MADDOG94]

A no inspection ticket is only $100 in NY and no points on your license.  I haven't gotten my bike inspected in years because I think the stickers are ugly.  Only pulled over a handful of times and not once did a cop even look to see if I had an inspection sticker.

Edited January 3, 2023 by MADDOG94

[ElmerFudd]

19 hours ago, MADDOG94 said:

A no inspection ticket is only $100 in NY and no points on your license.  I haven't gotten my bike inspected in years because I think the stickers are ugly.  Only pulled over a handful of times and not once did a cop even look to see if I had an inspection sticker.

Came here to say this. If your willing to spend hundreds of dollars to change your exhaust to be compliant, why not just take the $100 risk? Besides, if you're anywhere near the boroughs or LI it should be plenty easy to find a shop that will pass your bike.

Edited January 4, 2023 by ElmerFudd