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Assembly Bill A1929

2009-2010 Legislative Session

Prohibits driving while applying cosmetics

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Archive: Last Bill Status - In Assembly Committee

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2009-A1929 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง1225-d, V & T L

2009-A1929 (ACTIVE) - Summary

Prohibits driving while applying cosmetics; includes definitions; sanctions of a traffic infraction and no more than one hundred dollar fine.

2009-A1929 (ACTIVE) - Bill Text download pdf 

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

                                  1929

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced  by  M. of A. BENJAMIN, WALKER -- Multi-Sponsored by -- M. of
  A. HOOPER, MILLER -- read once and referred to the Committee on Trans-
  portation

AN ACT to amend the vehicle and traffic law,  in  relation  to  applying
  cosmetics while driving

  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 1225-d to read as follows:
  S  1225-D.  APPLYING COSMETICS WHILE DRIVING.  1. FOR PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL MEAN:
  (A) "COSMETICS" SHALL MEAN THE SAME AS SUCH TERM IS DEFINED IN SECTION
SIXTY-EIGHT HUNDRED TWO OF THE EDUCATION LAW.
  (B) "APPLYING" SHALL MEAN HOLDING A COSMETIC APPLICATOR TO, OR IN  THE
IMMEDIATE PROXIMITY OF, THE USER'S FACE.
  (C)  "IMMEDIATE  PROXIMITY"  SHALL  MEAN  THE  DISTANCE THAT PERMITS A
PERSON TO BE IN THE ACT OF APPLYING COSMETICS,  BUT  SHALL  NOT  REQUIRE
PHYSICAL CONTACT WITH SUCH PERSON'S FACE.
  2.  (A)  NO PERSON SHALL OPERATE A MOTOR VEHICLE UPON A PUBLIC HIGHWAY
WHILE APPLYING COSMETICS WHILE SUCH VEHICLE IS IN MOTION.
  (B) AN OPERATOR OF A MOTOR VEHICLE WHO APPLIES COSMETICS TO, OR IN THE
IMMEDIATE PROXIMITY OF HIS OR HER FACE WHILE SUCH VEHICLE IS  IN  MOTION
IS PRESUMED TO BE APPLYING COSMETICS WITHIN THE MEANING OF THIS SECTION.
THE  PRESUMPTION  ESTABLISHED  BY  THIS  SUBDIVISION  IS  REBUTTABLE  BY
EVIDENCE TENDING TO SHOW THAT THE OPERATOR WAS NOT APPLYING COSMETICS.
  (C) THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED AS AUTHORIZ-
ING THE SEIZURE  OR  FORFEITURE  OF  SUCH  COSMETICS,  UNLESS  OTHERWISE
PROVIDED BY LAW.
  3.  A  VIOLATION OF SUBDIVISION TWO OF THIS SECTION SHALL BE A TRAFFIC
INFRACTION AND SHALL BE PUNISHABLE BY  A  FINE  OF  NOT  MORE  THAN  ONE
HUNDRED DOLLARS.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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