Bill S1480-2013

Prohibits the use of radar and laser blocking devices in all motor vehicles

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

Details

Actions

  • Mar 18, 2014: referred to transportation
  • Mar 18, 2014: DELIVERED TO ASSEMBLY
  • Mar 18, 2014: PASSED SENATE
  • Mar 13, 2014: ADVANCED TO THIRD READING
  • Mar 12, 2014: 2ND REPORT CAL.
  • Mar 11, 2014: 1ST REPORT CAL.268
  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Mar 11, 2013: referred to transportation
  • Mar 11, 2013: DELIVERED TO ASSEMBLY
  • Mar 11, 2013: PASSED SENATE
  • Feb 28, 2013: ADVANCED TO THIRD READING
  • Feb 27, 2013: 2ND REPORT CAL.
  • Feb 12, 2013: 1ST REPORT CAL.66
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

Votes

VOTE: COMMITTEE VOTE: - Transportation - Feb 12, 2013
Ayes (18): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Smith, Young, Zeldin, Dilan, Diaz, Kennedy, Squadron, Stavisky, Gipson
Ayes W/R (1): Perkins
VOTE: COMMITTEE VOTE: - Transportation - Mar 11, 2014
Ayes (19): Robach, Marcellino, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Young, Zeldin, Avella, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky, Gipson

Memo

BILL NUMBER:S1480

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to radar and laser blocking devices

PURPOSE: This legislation prohibits the use of radar and laser blocking devices in all motor vehicles.

SUMMARY OF PROVISIONS: The Vehicle and Traffic Law (VTL) is amended by adding a new section 134-d to define radar or laser blocking device as any instrument designed to block or jam, by either mechanical or electrical means any radar or laser device used by a police officer to monitor vehicular speed.

Section 397-a of the VTL is amended to prohibit such devices.

JUSTIFICATION: Radar and laser blocking devices are marketed as a means to make your car electronically "invisible" to speed traps. The device is sold for the sole purpose of evading police speed-detecting equipment. Speeding tickets were handed out at a record pace last year in New York State and the affects of excess speed are sobering when you look at accident reports and Newspaper stories of lives lost.

New York State should join California, Minnesota, Oklahoma, Virginia, Nebraska and Washington D.0 all who have outlawed the use of radar and laser devices used to avoid detection by law enforcement agencies.

LEGISLATIVE HISTORY: S.6934-A of 2008 (Passed Senate). S.575 of 2009-10. S.957 of 2011/12 (Passed Senate).

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1480 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. MARCELLINO -- 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 radar and laser blocking devices 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 134-d to read as follows: S 134-D. RADAR OR LASER BLOCKING DEVICE. ANY INSTRUMENT DESIGNED TO BLOCK OR JAM, BY EITHER MECHANICAL OR ELECTRONIC MEANS, ANY RADAR OR LASER DEVICE USED BY A POLICE OFFICER TO MONITOR VEHICULAR SPEED. S 2. Section 397-a of the vehicle and traffic law, as amended by chap- ter 524 of the laws of 1996, is amended to read as follows: S 397-a. Radar detectors [and], laser detectors AND RADAR AND LASER BLOCKING DEVICES prohibited. 1. A. No radar detector or laser detector shall be used in any motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds or in any commercial vehicle with a gross vehicle weight rating of more than ten thousand pounds. The pres- ence in such vehicle of a radar detector or laser detector connected to a power source and in an operable condition is presumptive evidence of its use by any person operating such vehicle. Such presumption shall be rebutted by any credible and reliable evidence which tends to show that such radar detector or laser detector was not in use. B. NO RADAR OR LASER BLOCKING DEVICE SHALL BE USED IN ANY MOTOR VEHI- CLE. THE PRESENCE IN SUCH VEHICLE OF A RADAR OR LASER BLOCKING DEVICE CONNECTED TO A POWER SOURCE AND IN AN OPERABLE CONDITION IS PRESUMPTIVE EVIDENCE OF ITS USE BY ANY PERSON OPERATING SUCH VEHICLE. SUCH PRESUMP- TION SHALL BE REBUTTED BY ANY CREDIBLE AND RELIABLE EVIDENCE WHICH TENDS TO SHOW THAT SUCH RADAR OR LASER BLOCKING DEVICE WAS NOT IN USE.
2. The provisions of this section shall not be construed as authoriz- ing the seizure or forfeiture of a radar detector [or], laser detector OR RADAR OR LASER BLOCKING DEVICE, unless otherwise provided by law. 3. A violation of the provisions of this section shall constitute a traffic infraction punishable by a fine of not less than twenty-five nor more than one hundred dollars. S 3. Subdivision (g) of section 1180 of the vehicle and traffic law, as amended by chapter 173 of the laws of 1990 and paragraphs (i) and (ii) as amended by chapter 101 of the laws of 1999, is amended to read as follows: (g) (i) No person who uses a radar or laser detector in a vehicle with a gross vehicle weight rating of more than eighteen thousand pounds, or a commercial motor vehicle with a gross vehicle weight rating of more than ten thousand pounds, OR WHO USES A RADAR OR LASER BLOCKING DEVICE IN ANY MOTOR VEHICLE, shall drive at a speed in excess of fifty-five miles per hour or, if a maximum speed limit other than fifty-five miles per hour as hereinbefore authorized has been established, at a speed in excess of such speed limit. The presence in any such vehicle of either: (1) a radar or laser detector OR A RADAR OR LASER BLOCKING DEVICE connected to a power source and in an operable condition; or (2) a concealed radar or laser detector OR A CONCEALED RADAR OR LASER BLOCKING DEVICE where a part of such detector OR BLOCKING DEVICE is securely affixed to some part of the vehicle outside of the cab, in a manner which renders the detector OR THE BLOCKING DEVICE not readily observa- ble, is presumptive evidence of its use by any person operating such vehicle. Either such presumption shall be rebutted by any credible and reliable evidence which tends to show that such radar or laser detector OR SUCH RADAR OR LASER BLOCKING DEVICE was not in use. (ii) The provisions of this section shall not be construed as author- izing the seizure or forfeiture of a radar or laser detector OR A RADAR OR LASER BLOCKING DEVICE, unless otherwise provided by law. S 4. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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