This bill has been amended

Bill S6728-2013

Increases fines for the use of mobile telephones or the use of portable electronic devices while in a work area or school zone

Increases fines for the use of mobile telephones or the use of portable electronic devices while in a work area or school zone.

Details

Actions

  • Mar 4, 2014: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S6728

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to doubling fines for the use of mobile telephones or the use of portable electronic devices while in a work area or school zone

PURPOSE:

To help protect school children and highway workers.

SUMMARY OF PROVISIONS:

Section 1 amends section 1225-c of the Vehicle and Traffic law by adding a new subdivision 5 which doubles the applicable fines for using a mobile telephone while operating a motor vehicle in a school zone or work area. This section also defines a work area and school zone for the purposes of the subdivision.

Section 2 amends section 1225-d of the Vehicle and Traffic law by adding a new subdivision 7 which doubles the applicable fines for using a portable electronic device while operating a motor vehicle in a school zone or work area. This section also defines a work area and school zone for the purposes of the subdivision.

Section 3 provides that this act shall take effect on the sixtieth day after it shall have become law.

JUSTIFICATION:

It is now well recognized that using a mobile telephone or a portable electronic device while operating a motor vehicle distracts the driver and is dangerous to the driver, any occupants in the vehicle and to other vehicles and nearby pedestrians. It is particularly dangerous in work areas, where workers may be located near traffic flow, and in school zones where children, or their parents, are frequently walking and crossing streets. In either situation, the margin for error is much reduced, and it is critical that motorists direct all of their attention to observing where they are going and what is happening around them This bill will help to protect both children and workers from drivers who are distracted by mobile telephones or portable electronic devices.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None to state.

EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6728 IN SENATE March 4, 2014 ___________
Introduced by Sens. RANZENHOFER, LARKIN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Transporta- tion AN ACT to amend the vehicle and traffic law, in relation to doubling fines for the use of mobile telephones or the use of portable elec- tronic devices while in a work area or school zone THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1225-c of the vehicle and traffic law is amended by adding a new subdivision 5 to read as follows: 5. (A) A VIOLATION OF SUBDIVISION TWO OF THIS SECTION WHILE IN A WORK AREA OR SCHOOL ZONE SHALL BE A TRAFFIC INFRACTION AND SHALL BE PUNISHA- BLE BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN THREE HUNDRED DOLLARS UPON CONVICTION OF A FIRST VIOLATION; UPON CONVICTION OF A SECOND VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, WHILE IN A WORK AREA OR SCHOOL ZONE, SUCH VIOLATION SHALL BE PUNISHED BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN FOUR HUNDRED DOLLARS; UPON CONVICTION OF A THIRD OR SUBSEQUENT VIOLATION, ALL OF WHICH WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, WHILE IN A WORK AREA OR SCHOOL ZONE, SUCH VIOLATION SHALL BE PUNISHED BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN EIGHT HUNDRED DOLLARS. (B) FOR PURPOSES OF THIS SUBDIVISION: I. "WORK AREA" SHALL MEAN THAT PART OF A HIGHWAY BEING USED OR OCCU- PIED FOR THE CONDUCT OF HIGHWAY WORK, WITHIN WHICH WORKERS, VEHICLES, EQUIPMENT, MATERIALS, SUPPLIES, EXCAVATIONS, OR OTHER OBSTRUCTIONS ARE PRESENT. II. "SCHOOL ZONE" SHALL MEAN THE DISTANCE ALONG A HIGHWAY PASSING A SCHOOL BUILDING, ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A SCHOOL SIGN (S1-1) HAS BEEN POSTED PURSUANT TO THIS CHAPTER AND IN COMPLIANCE WITH THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES MAINTAINED PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER. S 2. Section 1225-d of the vehicle and traffic law is amended by adding a new subdivision 7 to read as follows:
7. (A) A VIOLATION OF THIS SECTION WHILE IN A WORK AREA OR SCHOOL ZONE SHALL BE A TRAFFIC INFRACTION AND SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN THREE HUNDRED DOLLARS UPON CONVICTION OF A FIRST VIOLATION; UPON CONVICTION OF A SECOND VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, WHILE IN A WORK AREA OR SCHOOL ZONE, SUCH VIOLATION SHALL BE PUNISHED BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN FOUR HUNDRED DOLLARS; UPON CONVICTION OF A THIRD OR SUBSEQUENT VIOLATION, ALL OF WHICH WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, WHILE IN A WORK AREA OR SCHOOL ZONE, SUCH VIOLATION SHALL BE PUNISHED BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN EIGHT HUNDRED DOLLARS. (B) FOR PURPOSES OF THIS SUBDIVISION: I. "WORK AREA" SHALL MEAN THAT PART OF A HIGHWAY BEING USED OR OCCU- PIED FOR THE CONDUCT OF HIGHWAY WORK, WITHIN WHICH WORKERS, VEHICLES, EQUIPMENT, MATERIALS, SUPPLIES, EXCAVATIONS, OR OTHER OBSTRUCTIONS ARE PRESENT. II. "SCHOOL ZONE" SHALL MEAN THE DISTANCE ALONG A HIGHWAY PASSING A SCHOOL BUILDING, ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A SCHOOL SIGN (S1-1) HAS BEEN POSTED PURSUANT TO THIS CHAPTER AND IN COMPLIANCE WITH THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES MAINTAINED PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER. S 3. This act shall take effect on the sixtieth day after it shall have become a law.

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