S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6820
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 31, 2011
                                      ___________
       Introduced  by  M.  of A. COOK, MARKEY -- Multi-Sponsored by -- M. of A.
         M. MILLER -- read once and referred to the Committee on Transportation
       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    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02525-01-1