BILL NUMBER:A9743
TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to prohibition of radar detectors
PURPOSE: This bill prohibits the operation of a motor vehicle
equipped with a Phazer II radar device on any highway in this state.
JUSTIFICATION: The primary reason for a motorist to have a radar
detection device is to avoid apprehension when violating speed limit
laws, the very laws that were created to save lives by reducing motor
vehicle fatalities. The Phazer II device blocks police radar and
prevents the monitoring of those driving at excessive speeds.
Excessive speed is the second most contributing factor in road
fatalities only exceeded by accidents involving alcohol consumption.
Speeding jeopardizes the lives and property of the motoring public.
Significant police resources are deployed to secure compliance with
the speed limits and to promote highway safety. However, police
efforts are seriously undemlined by motorists with the Phazer II Radar
and Laser Jamming devices. The Phazer II is banned in MN, OK, CA, NE,
and Washington, DC.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
S T A T E O F N E W Y O R K
________________________________________________________________________
9743
I N A S S E M B L Y
January 21, 2010
___________
Introduced by M. of A. COOK, MARKEY, POWELL -- Multi-Sponsored by -- M.
of A. M. MILLER -- read once and referred to the Committee on Trans-
portation
AN ACT to amend the vehicle and traffic law, in relation to prohibition
of radar detectors
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 397-a of the vehicle and traffic law is amended by
adding a new subdivision 2-a to read as follows:
2-A. IT SHALL BE UNLAWFUL TO OPERATE UPON ANY PUBLIC HIGHWAY IN THIS
STATE A MOTOR VEHICLE WHICH IS EQUIPPED WITH A RADAR DETECTOR OR LASER
DETECTOR COMMONLY KNOWN AS A PHAZER II DEVICE. THE PRESENCE IN SUCH
VEHICLE OF A PHAZER II 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 CREDI-
BLE AND RELIABLE EVIDENCE WHICH TENDS TO SHOW THAT SUCH DEVICE WAS NOT
IN USE.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07565-01-9
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