Vehicle & Traffic Law § 375(31) — No / Inadequate Muffler

Vehicle & Traffic Law (“VTL”) 375(31) prohibits a motorist from operating a vehicle on a public roadway when the vehicle does not have a muffler or a muffler that is not working properly. This ticket is generally given to individuals who have modified their vehicle's exhaust system to increase its sound. The exact wording of the statute clarifies that the exhaust system shall not be equipped with a cut-out, bypass, or similar device. It also states that the muffler/ exhaust system shall not be modified. The statute does not, however, specify in any other manner what constitutes an adequate muffler or exhaust system; therefore, there is much leeway for an officer to ticket an individual for this violation, and subsequently, there is the ability for us as a legal team to argue against it.

How Much Is a VTL 375(31) No Muffler Ticket in NY?

• Fine and surcharge: The first-offense fine is $0–$1,000, plus a mandatory $58 (city courts) or $63 (justice courts) surcharge.
• Jail: Up to 30 days in jail, although jail is highly unlikely in practice for a first-offense equipment violation.
• Points: VTL 375(31) is a 0-point equipment violation.
• DMV record and insurance: A 375(31) muffler ticket does not add points to your license and does not appear as a moving violation on your DMV abstract. It should have no impact on your insurance rates.

VTL 375(31) — Statute

The language of VTL § 375(31)(a) reads:

31. 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 that 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.

Disputing a VTL 375(31) Ticket

A VTL 375(31) ticket charges that the vehicle was not equipped with an "adequate muffler and exhaust system in constant operation and properly maintained to prevent any excessive or unusual noise."

Common defenses include: the exhaust system met factory specifications and had not been modified; any noise increase was due to normal wear rather than an illegal bypass or cut-out; the officer had no calibrated instrument to measure sound output; or the vehicle has since been repaired (relevant for fine reduction).

Because this ticket carries no points and does not affect your insurance, whether it is worth contesting depends on the fine amount and whether you received other tickets at the same stop. If you received additional violations alongside this one, the Benjamin Goldman Law Office will typically address the muffler charge at no additional fee.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. We practice across the entire state and have handled cases in over 90% of its traffic courts. A VTL 375(31) muffler ticket carries no points and does not affect your DMV record or insurance—so if this is the only ticket you received, it may not be worth retaining a law firm. If you received this ticket alongside other violations, we will typically handle it at no additional legal fee.

Have questions about your situation? Feel free to reach out— consultations are free.

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