senate Bill S1208

Prohibits operation of any motor vehicle equipped with device which affects the operation of traffic-control signals

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 19 / Jan / 2011
    • REPORTED AND COMMITTED TO CODES
  • 25 / Jan / 2011
    • 1ST REPORT CAL.27
  • 31 / Jan / 2011
    • 2ND REPORT CAL.
  • 01 / Feb / 2011
    • ADVANCED TO THIRD READING
  • 03 / May / 2011
    • PASSED SENATE
  • 03 / May / 2011
    • DELIVERED TO ASSEMBLY
  • 03 / May / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 29 / Feb / 2012
    • 1ST REPORT CAL.242
  • 01 / Mar / 2012
    • 2ND REPORT CAL.
  • 05 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 01 / May / 2012
    • PASSED SENATE
  • 01 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 02 / May / 2012
    • REFERRED TO TRANSPORTATION

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A10245
Versions:
S1208
Legislative Cycle:
2011-2012
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง397-c, V & T L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1807C, A2791B, S1208, S1807C
2007-2008: S1348, A7091, S1348
2011-2012: S1208

Sponsor Memo

BILL NUMBER:S1208

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

PURPOSE:
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.

EXISTING LAW:
None exists.

JUSTIFICATION:
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 seat 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.

FISCAL IMPLICATIONS:
None.

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

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

                                  1208

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sen. JOHNSON -- 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 USE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04455-01-1

S. 1208                             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.

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