senate Bill S6728

Amended

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

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Sponsor

Co-Sponsors

Bill Status


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

actions

  • 04 / Mar / 2014
    • REFERRED TO TRANSPORTATION
  • 27 / May / 2014
    • AMEND (T) AND RECOMMIT TO TRANSPORTATION
  • 27 / May / 2014
    • PRINT NUMBER 6728A

Summary

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

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Bill Details

Versions:
S6728
S6728A
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยงยง1225-c & 1225-d, V & T L

Sponsor 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.

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

                                  6728

                            I N  S E N A T E

                              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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14043-01-4

S. 6728                             2

  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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