Photo credit: Helena Lopes
by Jeanine Botta, MPH, Co-founder, The Quiet Coalition
Yet another driver is disputing a ticket generated by a noise camera in New York City. As with the ticketing of a Porsche 911 with a stock engine, the car enthusiast is arguing that his car having a stock engine – meaning it was never modified – exempts him from ticketing for a noise violation. According to articles in the New York Post and Road and Track, the driver has filed a lawsuit against the city.
On Nov. 4, 2023, the driver’s Lamborghini Huracán Performante was recorded by a noise camera emitting a sound level of 92.3 dB(A), which is over the 85 dB(A) maximum level allowed by law in New York City. According to Local Law No. 113, “No person shall cause or permit the total sound from a motor vehicle operating on any public right-of-way to exceed the sound level set forth in section 386 of the vehicle and traffic law and the rules adopted pursuant to such section.”
The driver is saying that he did not cause the sound level that was over the limit because he never modified his car’s engine. The noise code does not offer exceptions based on modification status, and for this reason, his appeal was denied. The court will decide whether or not this driver is responsible for his vehicle’s sound level. Conflicts over tickets for loud stock engines are not limited to those involving noise cameras. Some drivers who receive tickets for sound violations complain in online car forums about the police officers who ticketed them. Some win their cases in court, and some don’t.
Many vehicle owner manuals suggest owners familiarize themselves with local regulations regarding a range of features, including sound levels, distracted driving, use of remote start, disposal of sealant liquid and daytime driving lights. Dodge owner manuals for 2023 and 2024, similar to other brands’ manuals, include the following statement: “It is always the driver’s responsibility to comply with all local laws.”
Online forums such as Lamborghini Talk feature posts by owners with suggestions for driving quietly in certain situations and locations, like early morning on a quiet residential street, as well as warnings about new noise camera programs. A good way to seek information and clarification about noise laws is to speak with local elected leaders, including those who drafted the legislation.
