VTL 386(3)(c) — Excessive Motor Vehicle Noise

VTL 386(3)(c) is a ticket for your car/vehicle being too loud! Obviously if you or someone you know has been cited for this ticket, it is because the vehicle in question was operating too loudly. This is a 0 point violation, so unless you received multiple tickets at the same time, it is not worth hiring a lawyer to fight it; however, if you received multiple tickets at the same time, we would be happy to attempt to reduce this ticket at no additional legal fee.

How Much Is a VTL 386(3)(c) Excessive Noise Ticket in NY?

• Fine and surcharge: 1st offense $0–$150; 2nd offense within 18 months $0–$300; 3rd offense within 36 months $0–$450. A mandatory $88 (city courts) or $93 (justice courts) surcharge also applies.
• Jail: Up to 15 days jail for a first offense, though jail is highly unlikely.
• Points: VTL 386(3)(c) is a 0-point violation.
• DMV record and insurance: A VTL 386(3)(c) conviction 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 386(3)(c) — Statute

The language of VTL § 386(3)(c) reads:

It shall be unlawful for any person to operate or cause to be operated on a public highway any motor vehicle or combination of vehicles, except motorcycles, with a maximum gross weight of ten thousand pounds or less, at any time, under any condition of grade, load, acceleration or deceleration in such a manner as to exceed the applicable A-weighted sound level set forth in table II.

TABLE II
MAXIMUM ALLOWABLE
A-WEIGHTED SOUND LEVELS:
Speed limit 35 mph or less: 76 dB(A)
Speed limit over 35 mph: 82 dB(A)
(Measured at 50 feet from the center of the travel lane.)

Disputing a VTL 386(3)(c) Ticket

VTL 386(3)(c) applies to passenger cars and light vehicles weighing 10,000 lbs. or less (motorcycles are governed by the separate Table III) when their vehicle is creating noise at 76 dB(A) or greater while traveling on a road with a speed limit of 35 mph or less, or generating noise at 82 dB(A) or greater while traveling on a road with a speed limit over 35 mph. (In case you're wondering, 82 dB(A) is about the same as a garbage disposal running. You get up to 100 dB and that's as loud as a jackhammer, pretty loud!)

Note that VTL 386(3)(c) is distinct from the muffler requirement under VTL 375(31). A 375(31) ticket is for operating without an adequate muffler; a 386(3)(c) ticket is for exceeding the specific decibel limit prescribed in Table II.

Common defenses include: the officer did not use a calibrated sound level meter compliant with the regulations promulgated by the Commissioner of Environmental Conservation under VTL 386(4); the measurement was taken at a distance other than 50 feet without proper adjustment; the vehicle was operating within the posted speed limit and the noise was caused by road conditions or load rather than the exhaust system; or the citation fails to identify the applicable table and speed limit.

Because this ticket carries no points and does not affect insurance, contesting it is most valuable when the fine is significant, when other tickets were issued at the same stop, or when repeat-offense escalation is a concern.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. A VTL 386(3)(c) excessive noise ticket carries no points and does not affect your DMV record or insurance. 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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