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

                                  9661

                          I N  A S S E M B L Y

                              May 14, 2014
                               ___________

Introduced  by M. of A. STECK -- read once and referred 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03280-01-3

              

A. 9661                             2

  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.