Bill Text: NY S01208 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Prohibits the operation of any motor vehicle equipped with a device which affects the operation of traffic-control signals; provides that the possession of such a device shall constitute a traffic infraction, use thereof is a class A misdemeanor, and use which results in personal injury or death shall constitute a class E felony.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2012-05-02 - referred to transportation [S01208 Detail]

Download: New_York-2011-S01208-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1208
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 6, 2011
                                      ___________
       Introduced  by  Sen. JOHNSON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
         the use of any device which affects the operation of a traffic-control
         signal
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
    2  section 397-c to read as follows:
    3    S  397-C.  INTERFERENCE  WITH  A  TRAFFIC-CONTROL SIGNAL. 1. NO PERSON
    4  SHALL OPERATE ANY MOTOR VEHICLE, EXCEPT AN AUTHORIZED EMERGENCY  VEHICLE
    5  OR  AUTHORIZED  PUBLIC  TRANSPORTATION VEHICLE, WHICH HE OR SHE KNOWS IS
    6  EQUIPPED WITH A DEVICE CAPABLE OF AFFECTING THE OPERATION OF ANY  TRAFF-
    7  IC-CONTROL  SIGNAL.  THE  PRESENCE  IN  A MOTOR VEHICLE OF SUCH A DEVICE
    8  CONNECTED TO A POWER SOURCE AND IN AN OPERABLE CONDITION IS  PRESUMPTIVE
    9  EVIDENCE  OF  THE  OPERATOR'S  KNOWLEDGE OF THE DEVICE. SUCH PRESUMPTION
   10  SHALL BE REBUTTED BY ANY CREDITABLE EVIDENCE WHICH TENDS  TO  SHOW  THAT
   11  THE  OPERATOR OF THE MOTOR VEHICLE WAS NOT AWARE OF THE PRESENCE OF SUCH
   12  DEVICE.
   13    2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON  USING
   14  SUCH A DEVICE WHILE ENGAGED IN THE AUTHORIZED MAINTENANCE OR REPAIR OF A
   15  TRAFFIC-CONTROL SIGNAL.
   16    3.  A  VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL CONSTITUTE A
   17  TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT  LESS  THAN  ONE  HUNDRED
   18  DOLLARS NOR MORE THAN THREE HUNDRED DOLLARS.
   19    4.   A VIOLATION OF SUBDIVISION ONE OF THIS SECTION WHILE USING SUCH A
   20  DEVICE TO AFFECT THE OPERATION OF A TRAFFIC-CONTROL SIGNAL SHALL CONSTI-
   21  TUTE A CLASS A MISDEMEANOR.
   22    5. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION WHILE USING  SUCH  A
   23  DEVICE  TO AFFECT THE OPERATION OF A TRAFFIC-CONTROL SIGNAL AND SUCH USE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04455-01-1
       S. 1208                             2
    1  CAUSES PERSONAL INJURY OR DEATH AS A RESULT OF ITS EFFECT ON A  TRAFFIC-
    2  CONTROL SIGNAL SHALL CONSTITUTE A CLASS E FELONY.
    3    S 2. This act shall take effect on the first of November next succeed-
    4  ing the date on which it shall have become a law.