Prohibits the operation of any motor vehicle equipped with a device which affects the operation of traffic-control signals; provides that the possession of such a device shall constitute a traffic infraction, use thereof is a class A misdemeanor, and use which results in personal injury or death shall constitute a class E felony.
Ayes (63): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to prohibiting the use of any device which affects the operation of a traffic-control signal
To prohibit the operation of any vehicle, except an emergency vehicle, that is equipped with a device which affects the operation of a traffic control signal.
SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new section 397-c to the vehicle and traffic law to make it illegal for a person to operate a vehicle which he or she knows is equipped with a device capable of affecting the operation of any traffic-control signal. The bill also provides exceptions where the operator can show by credible evidence that he or she was not aware of the presence of the device or if the person using such a device is engaged in the authorized maintenance or repair of a traffic-control signal. Possession of the device shall constitute a traffic infraction. If the operator is using the device to affect the operation of a traffic control signal, it shall constitute a class A misdemeanor. If the unauthorized use of such a device causes personal injury or death, then it shall constitute a class E felony.
In addition, operators of authorized emergency vehicles and public transportation vehicles are exempt from this section.
There are people willing to pay as much as $1,000 for a device that allows them to change a red light to green right from their drivers scat as if they were law enforcement officers on call. The purpose of the existence of such devices is for emergency access and not for the convenience for someone who wants to get home earlier from work or to dodge traffic. These devices exist and are currently in use by non emergency personnel. Public safety dictates the need to make the use of such devices illegal by persons other than authorized emergency personnel. Such devices flaunt public safety concerns and could cause serious personal injury or death on New York roadways.
2011-12: A10245 referred to Transportation/S1208 passed Senate 2009-10: A2791B referred to Transportation/S1807C 2007-08: A7091 referred to Transportation/S1348 Passed Senate 2007 & referred to Transportation 2008 2005-06: S281 Passed Senate 2005 & referred to Transportation 2006 2003-04: S4468 Passed Senate 2003 and 2004
This act takes effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 3994 2013-2014 Regular Sessions IN SENATE March 4, 2013 ___________Introduced by Sen. LARKIN -- 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 prohibiting the use of any device which affects the operation of a traffic-control signal 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 397-c to read as follows: S 397-C. INTERFERENCE WITH A TRAFFIC-CONTROL SIGNAL. 1. NO PERSON SHALL OPERATE ANY MOTOR VEHICLE, EXCEPT AN AUTHORIZED EMERGENCY VEHICLE OR AUTHORIZED PUBLIC TRANSPORTATION VEHICLE, WHICH HE OR SHE KNOWS IS EQUIPPED WITH A DEVICE CAPABLE OF AFFECTING THE OPERATION OF ANY TRAFF- IC-CONTROL SIGNAL. THE PRESENCE IN A MOTOR VEHICLE OF SUCH A DEVICE CONNECTED TO A POWER SOURCE AND IN AN OPERABLE CONDITION IS PRESUMPTIVE EVIDENCE OF THE OPERATOR'S KNOWLEDGE OF THE DEVICE. SUCH PRESUMPTION SHALL BE REBUTTED BY ANY CREDITABLE EVIDENCE WHICH TENDS TO SHOW THAT THE OPERATOR OF THE MOTOR VEHICLE WAS NOT AWARE OF THE PRESENCE OF SUCH DEVICE. 2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON USING SUCH A DEVICE WHILE ENGAGED IN THE AUTHORIZED MAINTENANCE OR REPAIR OF A TRAFFIC-CONTROL SIGNAL. 3. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL CONSTITUTE A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN THREE HUNDRED DOLLARS. 4. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION WHILE USING SUCH A DEVICE TO AFFECT THE OPERATION OF A TRAFFIC-CONTROL SIGNAL SHALL CONSTI- TUTE A CLASS A MISDEMEANOR. 5. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION WHILE USING SUCH A DEVICE TO AFFECT THE OPERATION OF A TRAFFIC-CONTROL SIGNAL AND SUCH USEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02976-01-3 S. 3994 2
CAUSES PERSONAL INJURY OR DEATH AS A RESULT OF ITS EFFECT ON A TRAFFIC- CONTROL SIGNAL SHALL CONSTITUTE A CLASS E FELONY. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.