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Assembly Bill A2791B

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2009-A2791 - Details

See Senate Version of this Bill:
S1807
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §397-c, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1638, A10245, S1208
2013-2014: A1269, S3994
2015-2016: A1015, S2203
2017-2018: A278, S3249
2019-2020: A3625, S1632
2021-2022: A6518, S1637
2023-2024: A8056, S1157
2025-2026: A8980, S2403

2009-A2791 - 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.

2009-A2791 - Bill Text download pdf 

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

                                  2791

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  GUNTHER,  BENEDETTO, GALEF, KOON,
  P. RIVERA, FIELDS, LAVINE, CLARK, HOOPER, MAISEL -- Multi-Sponsored by
  -- M. of A. ALFANO, BACALLES, BALL, BARRA, BENJAMIN, BOYLAND, CALHOUN,
  CHRISTENSEN, CROUCH, DIAZ, GIGLIO, GOTTFRIED, JAFFEE,  MARKEY,  MAYER-
  SOHN,  McDONOUGH,  McENENY,  McKEVITT,  OAKS,  PHEFFER, RAIA, REILICH,
  REILLY, ROBINSON, SPANO, THIELE, TOWNS,  WALKER,  WEISENBERG  --  read
  once and referred 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,
WHICH HE OR SHE KNOWS IS EQUIPPED WITH A DEVICE CAPABLE OF AFFECTING THE
OPERATION OF ANY TRAFFIC-CONTROL SIGNAL. THE PRESENCE IN A MOTOR VEHICLE
OF  SUCH  A DEVICE CONNECTED TO A POWER SOURCE AND IN AN OPERABLE CONDI-
TION 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03136-01-9

A. 2791                             2

co-Sponsors

multi-Sponsors

2009-A2791A - Details

See Senate Version of this Bill:
S1807
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §397-c, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1638, A10245, S1208
2013-2014: A1269, S3994
2015-2016: A1015, S2203
2017-2018: A278, S3249
2019-2020: A3625, S1632
2021-2022: A6518, S1637
2023-2024: A8056, S1157
2025-2026: A8980, S2403

2009-A2791A - 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.

2009-A2791A - Sponsor Memo

2009-A2791A - Bill Text download pdf 

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

                                 2791--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  GUNTHER,  BENEDETTO, GALEF, KOON,
  P. RIVERA, FIELDS, LAVINE, CLARK, HOOPER, MAISEL -- Multi-Sponsored by
  -- M. of A. ALFANO, BACALLES, BALL, BARRA, BENJAMIN, BOYLAND, CALHOUN,
  CHRISTENSEN, CROUCH, GIGLIO,  GOTTFRIED,  JAFFEE,  MARKEY,  MAYERSOHN,
  McDONOUGH,  McENENY,  McKEVITT,  OAKS, PHEFFER, RAIA, REILICH, REILLY,
  ROBINSON, SPANO, THIELE, TOWNS, WEISENBERG -- read once  and  referred
  to  the Committee on Transportation -- recommitted to the Committee on
  Transportation in accordance with Assembly Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03136-03-0

co-Sponsors

multi-Sponsors

2009-A2791B (ACTIVE) - Details

See Senate Version of this Bill:
S1807
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §397-c, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1638, A10245, S1208
2013-2014: A1269, S3994
2015-2016: A1015, S2203
2017-2018: A278, S3249
2019-2020: A3625, S1632
2021-2022: A6518, S1637
2023-2024: A8056, S1157
2025-2026: A8980, S2403

2009-A2791B (ACTIVE) - 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.

2009-A2791B (ACTIVE) - Bill Text download pdf 

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

                                 2791--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  GUNTHER,  BENEDETTO, GALEF, KOON,
  P. RIVERA, FIELDS, LAVINE, CLARK, HOOPER, MAISEL -- Multi-Sponsored by
  -- M. of A. ALFANO, BACALLES, BALL, BARRA, BENJAMIN, BOYLAND, CALHOUN,
  CHRISTENSEN, CROUCH, GIGLIO,  GOTTFRIED,  JAFFEE,  MARKEY,  MAYERSOHN,
  McDONOUGH,  McENENY,  McKEVITT,  OAKS, PHEFFER, RAIA, REILICH, REILLY,
  ROBINSON, SPANO, THIELE, TOWNS, WEISENBERG -- read once  and  referred
  to  the Committee on Transportation -- recommitted to the Committee on
  Transportation in accordance with Assembly Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments, ordered reprinted as amended and recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03136-07-0

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