S T A T E O F N E W Y O R K
S. 4128 A. 7508
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
April 14, 2009
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Transporta-
IN ASSEMBLY -- Introduced by M. of A. CANESTRARI -- read once and
referred 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
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1115 of the vehicle and traffic law, as amended by
chapter 315 of the laws of 1969, is amended to read as follows:
S 1115. Interference with official traffic-control devices, railroad
signs or signals and other highway appurtenances. (a) No person shall,
without lawful authority, attempt to or in fact alter, deface, injure,
knock down, cover, remove, or otherwise interfere with any official
traffic-control device or any railroad sign or signal, or any
inscription, shield, or insignia thereon, or any other part thereof; any
bridge or similar structure; any monument, lamppost, telephone pole,
fence, walk, curb, tree, rock cut or other appurtenance on a highway
right of way.
(b) For the purposes of this section[,] THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
1. to ['deface'] "DEFACE" shall include, but not be limited to, to
damage, destroy, disfigure, erase, ruin, distort, spoil or otherwise
change the external appearance of an object by the use of chalk, crayon,
paint, stain, ink or other similar material.
2. TO "ALTER" A TRAFFIC-CONTROL SIGNAL SHALL INCLUDE, BUT NOT BE
LIMITED TO, CHANGING OR ATTEMPTING TO CHANGE THE SIGNAL INDICATIONS OF A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 4128 2 A. 7508
TRAFFIC-CONTROL SIGNAL BY USE OF A TRAFFIC-CONTROL SIGNAL PREEMPTION
3. "TRAFFIC-CONTROL SIGNAL PREEMPTION DEVICE" SHALL MEAN ANY DEVICE
DESIGNED OR USED TO CHANGE OR ATTEMPT TO CHANGE THE SIGNAL INDICATIONS
OF A TRAFFIC-CONTROL SIGNAL.
(C) THE PRESENCE IN A VEHICLE OF A TRAFFIC-CONTROL SIGNAL PREEMPTION
DEVICE 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 DEVICE WAS NOT IN USE.
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.