Bill S100-2011

Relates to the use of portable electronic devices

Relates to the use of portable electronic devices.

Details

Actions

  • Jan 4, 2012: REFERRED TO TRANSPORTATION
  • Apr 5, 2011: DEFEATED IN TRANSPORTATION
  • Feb 22, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 5, 2011: REFERRED TO TRANSPORTATION

Votes

VOTE: COMMITTEE VOTE: - Transportation - Apr 5, 2011
Ayes (5): Diaz, Kennedy, Perkins, Smith, Stavisky
Ayes W/R (2): Dilan, Adams
Nays (11): Fuschillo, Johnson, Larkin, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Valesky
Excused (1): Squadron

Memo

BILL NUMBER:S100

TITLE OF BILL: REVISED 12/30/11

An act to amend the vehicle and traffic law, in relation to the use of portable electronic devices while driving

PURPOSE OR GENERAL IDEA OF BILL:

To provide for the primary enforcement of, and make technical clarifications to, the law governing portable electronic device use while driving.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends Section 1225-d (2) (b) of the Vehicle and Traffic Law. Clarifies the provisions relating to the use of portable electronic devices while operating a motor vehicle, and removes a provision requiring a summons for operating a motor vehicle in violation of this law to be issued only when there is reasonable cause to believe that the person operating such motor vehicle had committed a violation of the laws of the State other than a violation of said section.

Section 2 Amends 1225-d(4) of the Vehicle and Traffic Law. States that the presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not using the device within the meaning of this section.

Section 3 Amends Section 1225-d (6) of the Vehicle and Traffic Law. Establishes that a violation of this section shall be a traffic infraction punishable by a fine not more that $150.00.

Section 4 Effective Date

JUSTIFICATION:

Section 1225-d of the Vehicle and Traffic Law prohibits drivers of motor vehicles from using portable electronic devices to engage in certain activities while the motor vehicles they are operating are in motion. As currently enacted, section 1225-d provides for "secondary" (enforcement, whereby tickets for violations could only be issued if motorists had violated another law of the State and law enforcement officers had reasonable cause to so believe. By eliminating the statutory language restricting the issuance of summonses to instances where other laws were violated, police officers could now issue a ticket when they observe a violation of Section 1225-d.

PRIOR LEGISLATIVE HISTORY:

2011: S.100 - Defeated in Transportation/A.1294 - Reported to Codes 2010: S.6810 - Referred to Transportation/A.9229 - Referred to

Transportation 2009: A.9229 - Referred to Transportation

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 100 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. DIAZ -- 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 the use of portable electronic devices while driving THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 2 of section 1225-d of the vehicle and traffic law, as added by chapter 403 of the laws of 2009, is amended to read as follows: (b) "Using" shall mean holding a portable electronic device while (I) viewing, taking or transmitting images, (II) playing games, or (III) composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, or other electronic data. S 2. Subdivision 4 of section 1225-d of the vehicle and traffic law, as added by chapter 403 of the laws of 2009, is amended to read as follows: 4. A person who holds a portable electronic device in a conspicuous manner while operating a motor vehicle is presumed to be using such device. The presumption established by this subdivision is rebuttable by evidence [showing] TENDING TO SHOW that the operator was not using the device within the meaning of this section. S 3. Subdivision 6 of section 1225-d of the vehicle and traffic law, as added by chapter 403 of the laws of 2009, is amended to read as follows: 6. A violation of this section shall be a traffic infraction and shall be punishable by a fine of not more than one hundred fifty dollars. [Provided, however, that a summons for operating a motor vehicle in violation of this section shall only be issued when there is reasonable cause to believe that the person operating such motor vehicle has committed a violation of the laws of this state other than a violation of this section.] S 4. This act shall take effect immediately.

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