Bill Text: NY A03625 | 2019-2020 | General Assembly | Amended

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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 (Democrat 2-1)

Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A03625 Detail]

Download: New_York-2019-A03625-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3625--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced by M. of A. GUNTHER, MONTESANO -- Multi-Sponsored by -- M. of
          A. RIVERA -- read once and referred to the Committee on Transportation
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee
        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 154-a to read as follows:
     3    §  154-a.    Traffic-control  signal  preemption  device.  Any  device
     4  designed or used to change or attempt to change the  signal  indications
     5  of  a  traffic-control  signal  or  traffic-control  device.  This shall
     6  include, but not be limited to, a mobile infrared transmitter  or  other
     7  device  that  is  capable of sending a signal that interrupts or changes
     8  the sequence patterns of an official traffic-control device or  traffic-
     9  control signal.
    10    §  2.  The  vehicle and traffic law is amended by adding a new section
    11  397-c to read as follows:
    12    § 397-c. Unauthorized sale, purchase, or use of traffic-control signal
    13  preemption device.
    14    1. No person shall buy, possess, manufacture, install, sell, offer for
    15  sale,  or  otherwise  distribute  a  traffic-control  signal  preemption
    16  device,  unless  the  purchase,  possession,  manufacture, installation,
    17  sale, offer for sale, or distribution is for use of  the  device  by  an
    18  authorized emergency vehicle or public transportation vehicle.
    19    2.  (a) Excluding an authorized emergency vehicle or authorized public
    20  transportation vehicle operating within the scope of his or her official
    21  duties, no person shall operate any motor vehicle which he or she  knows
    22  is  equipped  with a traffic-control signal preemption device. The pres-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00309-04-9
        A. 3625--A                          2
     1  ence in a motor vehicle of a traffic-control  signal  preemption  device
     2  connected  to a power source and in an operable condition is presumptive
     3  evidence of the operator's knowledge of  the  device.  Such  presumption
     4  shall  be  rebutted by any credible and reliable evidence which tends to
     5  show that the operator of the motor vehicle was not aware of  the  pres-
     6  ence of such device. The definition of an "authorized public transporta-
     7  tion  vehicle"  shall include, but not be limited to, public transporta-
     8  tion authorized under titles eleven, eleven-A, eleven-B,  eleven-C,  and
     9  eleven-D  of article five of the public authorities law or public trans-
    10  portation authorized under chapter one hundred fifty-four of the laws of
    11  of nineteen hundred twenty-one relating to the  port  authority  of  New
    12  York and New Jersey.
    13    (b) 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    (c) Authorized emergency vehicle personnel shall only operate a traff-
    17  ic-control signal preemption device in the course of an emergency opera-
    18  tion.
    19    3.  (a)  Unauthorized manufacture, installation, sale, offer for sale,
    20  or  distribution  of  a  traffic-control  signal  preemption  device  in
    21  violation  of  subdivision one of this section shall be a class A misde-
    22  meanor, punishable by a fine of five thousand dollars  for  each  device
    23  manufactured, installed, sold, offered for sale, or distributed.
    24    (b)  Unauthorized  purchase  or possession of a traffic-control signal
    25  preeemption device in violation  of  subdivision  one  or  two  of  this
    26  section  shall  constitute  a traffic infraction punishable by a fine of
    27  not less than one hundred dollars nor more than three hundred dollars.
    28    (c) A violation of paragraph (a) of subdivision two  of  this  section
    29  while  using  a  traffic-control  signal  preemption device to change or
    30  attempt to change the signal indications of a traffic-control signal  or
    31  traffic-control device shall constitute a class A misdemeanor.
    32    (d)  If  a serious physical injury or death, as defined by article ten
    33  of the penal law, occurs as a result of a violation of paragraph (a)  of
    34  subdivision  two  of  this  section while using a traffic-control signal
    35  preemption device to affect the operation of a traffic-control signal or
    36  traffic-control device, such violation shall constitute a class E  felo-
    37  ny.
    38    (e)  Nothing  in  this  section  shall  be  deemed  to  supersede  the
    39  provisions of any other applicable section of law.
    40    § 3. Subdivision (b) of section 1115 of the vehicle and  traffic  law,
    41  as  amended  by  chapter  251  of the laws of 2016, is amended and a new
    42  subdivision (d) is added to read as follows:
    43    (b) For the purposes of this section the following  terms  shall  have
    44  the following meanings:
    45    1.  to  "deface"  shall  include,  but  not  be limited to, to damage,
    46  destroy, disfigure, erase, ruin, distort, spoil or otherwise change  the
    47  external  appearance  of  an  object by the use of chalk, crayon, paint,
    48  stain, ink or other similar material.
    49    2. to "alter" a traffic-control  signal  shall  include,  but  not  be
    50  limited to, changing or attempting to change the signal indications of a
    51  traffic-control  signal  by  use  of a traffic-control signal preemption
    52  device.
    53    [3. "traffic-control signal preemption device" shall mean  any  device
    54  designed  or  used to change or attempt to change the signal indications
    55  of a traffic-control signal.]
        A. 3625--A                          3
     1    (d) A violation of this section  shall  be  subject  to  penalties  in
     2  accordance  with  paragraphs  (b),  (c)  and (d) of subdivision three of
     3  section three hundred ninety-seven-c of this chapter.
     4    § 4. This act shall take effect on the one hundred eightieth day after
     5  it  shall have become a law. Effective immediately, the addition, amend-
     6  ment and/or repeal of any rule or regulation necessary for the implemen-
     7  tation of this act on its effective date are authorized and directed  to
     8  be made and completed on or before such effective date.