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this post was submitted on 30 Aug 2024
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He's not exactly wrong. On the face of it, it is a legal contradiction.
NY says the car is legal to drive anywhere within the state.
Then a local government sets a noise ordnance, making the car essentially illegal to drive in that part of the state.
The conflicting laws need to get sorted out. No different than states not being able to make laws that go against federal law.
If they take the same stance as State vs Federal, then the local ordnance being more restrictive than the states would supersede the state law. At the same time it could become unreasonable for individuals to research all the local ordinances they may encounter in a 20 mile trip.
So yah. It's easy to say "Asshole drives an expensive loud car and complains about the fine."
But there is more nuance and complications here that could go well beyond cars.
There is no contradiction. Just because the vehicle is licensed for street use doesn't give the owner permission to operate it in ways that violates the law.
Or at all? Because he wasn't doing anything unusual. He wasn't racing, or speeding even. Just driving normally.
Nothing unusual? On the same day he got the noise ticket, he received tickets for running a red light and speeding in a school zone.
If that was at the same time and place as the noise system was triggered, that might matter.
You sure about that?
He says he was just driving normally but I get the feeling he may be at the very least stretching the truth.
Possibly. But we don't know if that was the case at the location of the noise monitoring.
You could argue the same about emission zones which are common across Europe (mainly in inner cities). Just because your vehicle is allowed on the road, it doesn't you can drive it anywhere.
Agreed. But again its a question of scale. Its reasonable for one larger city. But what about 20 small towns?
I'm with you. But the consequence to sort out the contradiction might be also a state-wide ban if certain boundaries are exceeded.
That could be the case, making the car no longer street legal to buy and register in NY. That's a reasonable solution.
Aren't there noise ordinances in every city? Do you look up the specific decibel levels for every city you drive through?
Not all. And not just cities. But small towns, villages, even HOAs. You'd have to check them all.
No, I mean they already exist. And nobody is looking them up, because who cares? It turns out if you drive vehicles that make reasonable amounts of noise it isn't a problem.
Nah, even if it's legal, he's still an asshole.
Both can be true
That's what I said too.
But he lives in NYC (Staten Island). It’s his own local government.