S100-2011 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

S100-2011 Meetings

S100-2011 Votes

S100-2011 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.

S100-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     100

                         2011-2012 Regular Sessions

                              I N  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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03315-01-1