Bill Text: NY A01841 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the vehicle and traffic law, in relation to prohibiting the use of a mobile telephone while operating a bicycle and to prohibit local governments from regulating the use of mobile telephones by bicycle operators and providing for the repeal of certain provisions upon expiration thereof
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2010-01-06 - referred to transportation [A01841 Detail]
Download: New_York-2009-A01841-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1841
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
___________
Introduced by M. of A. DINOWITZ, GALEF, MAYERSOHN -- Multi-Sponsored by
-- M. of A. GOTTFRIED, WEISENBERG -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to prohibiting
the use of a mobile telephone while operating a bicycle and to prohib-
it local governments from regulating the use of mobile telephones by
bicycle operators and providing for the repeal of certain provisions
upon expiration thereof
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 1238-a to read as follows:
3 S 1238-A. USE OF MOBILE TELEPHONES; PROHIBITED. 1. FOR THE PURPOSES OF
4 THIS SECTION, THE FOLLOWING TERMS SHALL MEAN:
5 (A) "MOBILE TELEPHONE" SHALL MEAN THE DEVICE USED BY SUBSCRIBERS AND
6 OTHER USERS OF WIRELESS TELEPHONE SERVICE TO ACCESS SUCH SERVICE.
7 (B) "WIRELESS TELEPHONE SERVICE" SHALL MEAN TWO-WAY REAL TIME VOICE
8 TELECOMMUNICATIONS SERVICE THAT IS INTERCONNECTED TO A PUBLIC SWITCHED
9 TELEPHONE NETWORK AND IS PROVIDED BY A COMMERCIAL MOBILE RADIO SERVICE,
10 AS SUCH TERM IS DEFINED BY 47 C.F.R. S 20.3.
11 (C) "USING" SHALL MEAN HOLDING A MOBILE TELEPHONE TO, OR IN THE IMME-
12 DIATE PROXIMITY OF, THE USER'S EAR.
13 (D) "HAND-HELD MOBILE TELEPHONE" SHALL MEAN A MOBILE TELEPHONE WITH
14 WHICH A USER ENGAGES IN A CALL USING AT LEAST ONE HAND.
15 (E) "HANDS-FREE MOBILE TELEPHONE" SHALL MEAN A MOBILE TELEPHONE THAT
16 HAS AN INTERNAL FEATURE OR FUNCTION, OR THAT IS EQUIPPED WITH AN ATTACH-
17 MENT OR ADDITION, WHETHER OR NOT PERMANENTLY PART OF SUCH MOBILE TELE-
18 PHONE, BY WHICH A USER ENGAGES IN A CALL WITHOUT THE USE OF EITHER HAND,
19 WHETHER OR NOT THE USE OF EITHER HAND IS NECESSARY TO ACTIVATE, DEACTI-
20 VATE OR INITIATE A FUNCTION OF SUCH TELEPHONE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03152-01-9
A. 1841 2
1 (F) "ENGAGE IN A CALL" SHALL MEAN TALKING INTO OR LISTENING ON A
2 HAND-HELD MOBILE TELEPHONE, BUT SHALL NOT INCLUDE HOLDING A MOBILE TELE-
3 PHONE TO ACTIVATE, DEACTIVATE OR INITIATE A FUNCTION OF SUCH TELEPHONE.
4 (G) "IMMEDIATE PROXIMITY" SHALL MEAN THAT DISTANCE AS PERMITS THE
5 OPERATOR OF A MOBILE TELEPHONE TO HEAR TELECOMMUNICATIONS TRANSMITTED
6 OVER SUCH MOBILE TELEPHONE, BUT SHALL NOT REQUIRE PHYSICAL CONTACT WITH
7 SUCH OPERATOR'S EAR.
8 2. (A) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, NO PERSON SHALL
9 OPERATE A BICYCLE UPON A PUBLIC HIGHWAY, BICYCLE LANE OR ROADWAY WHILE
10 USING A MOBILE TELEPHONE TO ENGAGE IN A CALL WHILE SUCH BICYCLE IS IN
11 MOTION.
12 (B) AN OPERATOR OF A BICYCLE WHO HOLDS A MOBILE TELEPHONE TO, OR IN
13 THE IMMEDIATE PROXIMITY OF HIS OR HER EAR WHILE SUCH BICYCLE IS IN
14 MOTION IS PRESUMED TO BE ENGAGING IN A CALL WITHIN THE MEANING OF THIS
15 SECTION. THE PRESUMPTION ESTABLISHED BY THIS SUBDIVISION IS REBUTTABLE
16 BY EVIDENCE TENDING TO SHOW THAT THE OPERATOR WAS NOT ENGAGED IN A CALL.
17 (C) THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED AS AUTHORIZ-
18 ING THE SEIZURE OR FORFEITURE OF A MOBILE TELEPHONE, UNLESS OTHERWISE
19 PROVIDED BY LAW.
20 3. SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY TO (A) THE USE OF A
21 MOBILE TELEPHONE FOR THE SOLE PURPOSE OF COMMUNICATING WITH ANY OF THE
22 FOLLOWING REGARDING AN EMERGENCY SITUATION: AN EMERGENCY RESPONSE OPERA-
23 TOR; A HOSPITAL, PHYSICIAN'S OFFICE OR HEALTH CLINIC; AN AMBULANCE
24 COMPANY OR CORPS; A FIRE DEPARTMENT, DISTRICT OR COMPANY; OR A POLICE
25 DEPARTMENT, (B) ANY OF THE FOLLOWING PERSONS WHILE IN THE PERFORMANCE OF
26 THEIR OFFICIAL DUTIES: A POLICE OFFICER OR PEACE OFFICER; A MEMBER OF A
27 FIRE DEPARTMENT, DISTRICT OR COMPANY; OR THE OPERATOR OF AN AUTHORIZED
28 EMERGENCY VEHICLE AS DEFINED IN SECTION ONE HUNDRED ONE OF THIS CHAPTER,
29 OR (C) THE USE OF A HANDS-FREE MOBILE TELEPHONE.
30 4. A VIOLATION OF SUBDIVISION TWO OF THIS SECTION SHALL BE A TRAFFIC
31 INFRACTION AND SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE
32 HUNDRED DOLLARS.
33 S 2. Except as otherwise provided in section one of this act, no
34 municipal corporation, as defined in section 2 of the general municipal
35 law, shall, after June 1, 2010, enact any local law, ordinance or code
36 relating to the operation of a bicycle while using a mobile telephone
37 unless the terms of such law, ordinance or code are identical to section
38 1238-a of the vehicle and traffic law, as added by section one of this
39 act. The provisions of this act shall invalidate and preempt any such
40 local law, ordinance or code, enacted after June 1, 2010 unless the
41 terms of such law, ordinance or code are identical to section 1238-a of
42 the vehicle and traffic law, as added by section one of this act.
43 S 3. The provisions of this act shall preempt any local law, ordi-
44 nance, code, rule or regulation relating to the operation of a bicycle
45 while using a mobile telephone, except that nothing in this act shall
46 preclude any state or local agency, which, by permit, license or regis-
47 tration regulates the business or professional activities of individuals
48 from imposing more stringent restrictions than provided in this act for
49 the use of mobile telephones upon such individuals during the course of
50 engaging in the business or professional activity that is the subject of
51 such agency's permit, license or registration.
52 S 4. For the purpose of informing and educating persons who operate
53 bicycles in this state, any law enforcement official authorized to issue
54 appearance tickets pursuant to the vehicle and traffic law may, during
55 the period commencing November 1, 2010 and ending November 30, 2010,
56 stop a bicyclist and issue verbal warnings to persons who would be in
A. 1841 3
1 violation of the provisions of section 1238-a of the vehicle and traffic
2 law, as added by section one of this act, were the provisions thereof
3 effective on the day such warning is issued.
4 S 5. The court shall waive any fine for which a person who violates
5 the provisions of section 1238-a of the vehicle and traffic law, as
6 added by section one of this act, would be liable if such person
7 supplies the court with proof that, between the date on which he or she
8 is charged with having violated such section and the appearance date for
9 such violation, he or she possesses a hands-free mobile telephone as
10 defined in paragraph (e) of subdivision 1 of section 1238-a of the vehi-
11 cle and traffic law, as added by section one of this act; provided,
12 however, that such waiver of fine shall not apply to a second or subse-
13 quent violation under such section.
14 S 6. This act shall take effect immediately, except that sections one,
15 three and five of this act shall take effect December 1, 2010; section
16 two shall expire and be deemed repealed December 1, 2010; section four
17 of this act shall take effect November 1, 2010 and shall expire and be
18 deemed repealed December 1, 2010; and section five of this act shall
19 expire and be deemed repealed March 1, 2011.
