Bill Text: NY A04031 | 2023-2024 | General Assembly | Introduced


Bill Title: Prohibits operation of a motor vehicle on any highway in this state equipped with a radar device commonly known as a PHAZER II connected to a power source; provides for use of rebuttable presumption.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-01-03 - referred to transportation [A04031 Detail]

Download: New_York-2023-A04031-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4031

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 9, 2023
                                       ___________

        Introduced  by  M.  of  A. COOK, GLICK -- Multi-Sponsored by -- M. of A.
          BUTTENSCHON -- read once and referred to the Committee on  Transporta-
          tion

        AN  ACT to amend the vehicle and traffic law, in relation to prohibition
          of radar detectors

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 397-a of the vehicle and traffic law is amended by
     2  adding a new subdivision 2-a to read as follows:
     3    2-a. It shall be unlawful to operate upon any public highway  in  this
     4  state  a  motor vehicle which is equipped with a radar detector or laser
     5  detector commonly known as a phazer II  device.  The  presence  in  such
     6  vehicle  of  a  phazer  II  device connected to a power source and in an
     7  operable condition is presumptive evidence of  its  use  by  any  person
     8  operating such vehicle. Such presumption shall be rebutted by any credi-
     9  ble  and  reliable evidence which tends to show that such device was not
    10  in use.
    11    § 2. This act shall take effect immediately.





         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07057-01-3
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