S1945-2011 Actions

• Jan 14, 2011: REFERRED TO TRANSPORTATION

S1945-2011 Memo

BILL NUMBER:S1945

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to
restricting the use of an electronic device while crossing the crosswalk
in a city with a population of one million or more

PURPOSE:
Restricts the use of electronic devices while crossing a crosswalk in
a city with a population of one million or more.

SUMMARY OF PROVISIONS:
This bill amends the vehicle and traffic law by adding a new section
1158 which (a) Defines the terms "electronic device," "engaging in
the use of," "immediate proximity," and "crosswalk"

(b) States the no person shall enter and cross a crosswalk while
engaging in the use of an electronic device in a city with a
population of one million or more

(c) States that a user of an electronic device who holds such device
to, or in the immediate proximity of his or her ear, is presumed to
be engaging in the use of said device

(d) States that the provisions of this section shall not allow for the
seizure of forfeiture of the electronic device and

(e) A person who violates subdivision (b) of this section shall be
issued a summons for a violation of this section and shall pay a
civil fine of one hundred dollars.

JUSTIFICATION:
Since September, three pedestrians have been killed and one critically
injured while crossing the street listening to electronic music
devices.
The use of electronic devices while crossing the street poses a threat
to the public safety of pedestrians and motorists. It is impossible
to be fully aware of ones own surroundings when occupied in using an
electronic device. This legislation would eliminate this threat to
public safety. This legislation is seeking that people take a few
seconds of their time to stop using their electronic devices while
crossing the street. A few seconds that can save a person's life.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

S1945-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1945
 2011-2012 Regular Sessions
 I N  SENATE
 January 14, 2011
 
 Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Transportation
 

AN ACT to amend the vehicle and traffic law, in relation to  restricting
 the use of an electronic device while crossing the crosswalk in a city
 with a population of one million or more
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 1158 to read as follows:

 

S  1158.  USE OF ELECTRONIC DEVICES IN CROSSWALKS PROHIBITED IN A CITY
 WITH A POPULATION OF ONE MILLION OR MORE. (A) FOR THE PURPOSES  OF  THIS
 SECTION:

 (1)  THE  TERM  "ELECTRONIC DEVICE" SHALL MEAN ANY TYPE OF INSTRUMENT,
 DEVICE OR EQUIPMENT WHICH IS DESIGNED TO TRANSMIT AND/OR  RECEIVE  TELE
 PHONIC,  ELECTRIC DIGITAL SIGNALS AND ACCESS SERVICE AS WELL AS ANY TYPE
 OF INSTRUMENT DESIGNED TO HAVE SOUND AND/OR IMAGE RECORDING OR CAPTURING
 CAPABILITIES INCLUDING, BUT NOT LIMITED TO, MOBILE TELEPHONES,  PORTABLE
 MEDIA PLAYERS AND WIRELESS HANDHELD DEVICES.
 (2)  THE  TERM  "ENGAGING IN THE USE" SHALL MEAN HOLDING AN ELECTRONIC
 DEVICE TO, OR IN THE IMMEDIATE PROXIMITY OF, THE PERSON'S  EAR,  TALKING
 OR  LISTENING  WITH SUCH ELECTRONIC DEVICE OR TEXTING AND/OR RECEIVING A
 MESSAGE WITH SUCH ELECTRONIC DEVICE.
 (3) THE TERM "IMMEDIATE PROXIMITY" SHALL MEAN THAT DISTANCE AS PERMITS
 THE USER OF AN ELECTRONIC DEVICE TO HEAR OR USE  ANY  TRANSMISSION  OVER
 SUCH  ELECTRONIC DEVICE BUT SHALL NOT REQUIRE PHYSICAL CONTACT WITH SUCH
 PERSON'S EAR.
 (4) THE TERM "CROSSWALK" SHALL MEAN THAT  PART  OF  A  ROADWAY  AT  AN
 INTERSECTION INCLUDED WITHIN THE CONNECTIONS OF THE LATERAL LINES OF THE
 SIDEWALKS  ON OPPOSITE SIDES OF THE HIGHWAY BETWEEN THE CURBS OR, IN THE
 ABSENCE OF CURBS, BETWEEN THE EDGES OF THE TRAVERSABLE  ROADWAY  OR  ANY
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07084-01-1
 
       S. 1945                             2
 PORTION  OF  A  ROADWAY AT AN INTERSECTION OR ELSEWHERE DISTINCTLY INDI
 CATED FOR PEDESTRIAN CROSSING BY LINES OR OTHER MARKINGS ON THE SURFACE.
 (B) NO PERSON SHALL ENTER AND CROSS A CROSSWALK IN A CITY WITH A POPU
 LATION OF ONE MILLION OR MORE WHILE ENGAGING IN THE USE OF AN ELECTRONIC
 DEVICE.
 (C) A PERSON WITH AN ELECTRONIC DEVICE WHO HOLDS SUCH DEVICE TO, OR IN
 THE  IMMEDIATE PROXIMITY OF HIS OR HER EAR OR WHO TYPES INTO THE DEVICE,
 IS PRESUMED TO BE ENGAGING IN THE USE OF SUCH DEVICE WITHIN THE  MEANING
 OF  THIS  SECTION.  THE  PRESUMPTION  ESTABLISHED BY THIS SUBDIVISION IS
 REBUTTABLE BY EVIDENCE TENDING TO SHOW THAT THE USER WAS NOT ENGAGED  IN
 SUCH USE.
 (D) THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED AS AUTHORIZ
 ING  THE SEIZURE OR FORFEITURE OF AN ELECTRONIC DEVICE, UNLESS OTHERWISE
 PROVIDED BY LAW.
 (E) A PERSON WHO VIOLATES SUBDIVISION (B) OF  THIS  SECTION  SHALL  BE
 ISSUED  A  SUMMONS FOR A VIOLATION OF THIS SECTION AND SHALL PAY A CIVIL
 FINE OF ONE HUNDRED DOLLARS.
 

S 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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