Bill Text: NY A09661 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prohibits the use of radar and laser blocking devices in all motor vehicles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-14 - referred to transportation [A09661 Detail]

Download: New_York-2013-A09661-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9661
                                 I N  A S S E M B L Y
                                     May 14, 2014
                                      ___________
       Introduced  by M. of A. STECK -- read once and referred to the Committee
         on Transportation
       AN ACT to amend the vehicle and traffic law, in relation  to  radar  and
         laser blocking devices
         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 134-d to read as follows:
    3    S  134-D.   RADAR OR LASER BLOCKING DEVICE. ANY INSTRUMENT DESIGNED TO
    4  BLOCK OR JAM, BY EITHER MECHANICAL OR ELECTRONIC  MEANS,  ANY  RADAR  OR
    5  LASER DEVICE USED BY A POLICE OFFICER TO MONITOR VEHICULAR SPEED.
    6    S 2. Section 397-a of the vehicle and traffic law, as amended by chap-
    7  ter 524 of the laws of 1996, is amended to read as follows:
    8    S  397-a.  Radar  detectors [and], laser detectors AND RADAR AND LASER
    9  BLOCKING DEVICES prohibited. 1. A. No radar detector or  laser  detector
   10  shall be used in any motor vehicle with a gross vehicle weight rating of
   11  more  than  eighteen thousand pounds or in any commercial vehicle with a
   12  gross vehicle weight rating of more than ten thousand pounds.  The pres-
   13  ence in such vehicle of a radar detector or laser detector connected  to
   14  a  power  source and in an operable condition is presumptive evidence of
   15  its use by any person operating such vehicle.  Such presumption shall be
   16  rebutted by any credible and reliable evidence which tends to show  that
   17  such radar detector or laser detector was not in use.
   18    B.  NO RADAR OR LASER BLOCKING DEVICE SHALL BE USED IN ANY MOTOR VEHI-
   19  CLE. THE PRESENCE IN SUCH VEHICLE OF A RADAR OR  LASER  BLOCKING  DEVICE
   20  CONNECTED  TO A POWER SOURCE AND IN AN OPERABLE CONDITION IS PRESUMPTIVE
   21  EVIDENCE OF ITS USE BY ANY PERSON OPERATING SUCH VEHICLE.  SUCH PRESUMP-
   22  TION SHALL BE REBUTTED BY ANY CREDIBLE AND RELIABLE EVIDENCE WHICH TENDS
   23  TO SHOW THAT SUCH RADAR OR LASER BLOCKING DEVICE WAS NOT IN USE.
   24    2. The provisions of this section shall not be construed as  authoriz-
   25  ing  the  seizure or forfeiture of a radar detector [or], laser detector
   26  OR RADAR OR LASER BLOCKING DEVICE, unless otherwise provided by law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03280-01-3
       A. 9661                             2
    1    3. A violation of the provisions of this section  shall  constitute  a
    2  traffic infraction punishable by a fine of not less than twenty-five nor
    3  more than one hundred dollars.
    4    S  3.  Subdivision (g) of section 1180 of the vehicle and traffic law,
    5  as amended by chapter 173 of the laws of 1990  and  paragraphs  (i)  and
    6  (ii)  as  amended by chapter 101 of the laws of 1999, is amended to read
    7  as follows:
    8    (g) (i) No person who uses a radar or laser detector in a vehicle with
    9  a gross vehicle weight rating of more than eighteen thousand pounds,  or
   10  a  commercial  motor  vehicle with a gross vehicle weight rating of more
   11  than ten thousand pounds, OR WHO USES A RADAR OR LASER  BLOCKING  DEVICE
   12  IN  ANY  MOTOR  VEHICLE,  shall drive at a speed in excess of fifty-five
   13  miles per hour or, if a maximum speed limit other than fifty-five  miles
   14  per  hour as hereinbefore authorized has been established, at a speed in
   15  excess of such speed limit. The presence in any such vehicle of  either:
   16  (1)  a  radar  or  laser  detector  OR  A RADAR OR LASER BLOCKING DEVICE
   17  connected to a power source and in  an  operable  condition;  or  (2)  a
   18  concealed radar or laser detector OR A CONCEALED RADAR OR LASER BLOCKING
   19  DEVICE  where  a  part  of  such detector OR BLOCKING DEVICE is securely
   20  affixed to some part of the vehicle outside of  the  cab,  in  a  manner
   21  which  renders  the detector OR THE BLOCKING DEVICE not readily observa-
   22  ble, is presumptive evidence of its use by  any  person  operating  such
   23  vehicle.  Either  such presumption shall be rebutted by any credible and
   24  reliable evidence which tends to show that such radar or laser  detector
   25  OR SUCH RADAR OR LASER BLOCKING DEVICE was not in use.
   26    (ii)  The provisions of this section shall not be construed as author-
   27  izing the seizure or forfeiture of a radar or laser detector OR A  RADAR
   28  OR LASER BLOCKING DEVICE, unless otherwise provided by law.
   29    S 4. This act shall take effect on the first of November next succeed-
   30  ing the date on which it shall have become a law.