Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to transportation |
Nov 04, 2009 |
referred to transportation |
Assembly Bill A9229
2009-2010 Legislative Session
Sponsored By
GANTT
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A9229 (ACTIVE) - Details
2009-A9229 (ACTIVE) - Sponsor Memo
BILL NUMBER:A9229 TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the use of portable electronic devices while driving PURPOSE OR GENERAL IDEA OF BILL: To provide for the primary enforcement of, and make technical clarifications to, the law governing portable electronic device use while driving. SUMMARY OF SPECIFIC PROVISIONS: The bill clarifies provisions of Vehi- cle and Traffic Law §1225-d relating to the use of portable electronic devices while operating a motor vehicle, and removes a provision requir- ing a summons for operating a motor vehicle in violation of this law to be issued only when there is reasonable cause to believe that the person operating such motor vehicle had committed a violation of the laws of the State other than a violation of said §1225-d. JUSTIFICATION: Section 1225-d of the Vehicle and Traffic Law prohibits drivers of motor vehicles from using portable electronic devices to engage in certain activities while the motor vehicles they are operating are in motion. As currently enacted, §1225-d provides for "secondary" enforcement, whereby tickets for violations could only be issued if motorists had violated another law of the State and law enforcement officers had reasonable cause to so believe. By eliminating the statuto- ry language restricting the issuance of summonses to instances where other laws were violated, police officers could now issue a ticket when
2009-A9229 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9229 2009-2010 Regular Sessions I N A S S E M B L Y November 4, 2009 ___________ Introduced by M. of A. GANTT -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to the use of portable electronic devices while driving THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 2 of section 1225-d of the vehicle and traffic law, as added by chapter 403 of the laws of 2009, is amended to read as follows: (b) "Using" shall mean holding a portable electronic device while (I) viewing, taking or transmitting images, (II) playing games, or (III) composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, or other electronic data. S 2. Subdivision 4 of section 1225-d of the vehicle and traffic law, as added by chapter 403 of the laws of 2009, is amended to read as follows: 4. A person who holds a portable electronic device in a conspicuous manner while operating a motor vehicle is presumed to be using such device. The presumption established by this subdivision is rebuttable by evidence [showing] TENDING TO SHOW that the operator was not using the device within the meaning of this section. S 3. Subdivision 6 of section 1225-d of the vehicle and traffic law, as added by chapter 403 of the laws of 2009, is amended to read as follows: 6. A violation of this section shall be a traffic infraction and shall be punishable by a fine of not more than one hundred fifty dollars. [Provided, however, that a summons for operating a motor vehicle in violation of this section shall only be issued when there is reasonable cause to believe that the person operating such motor vehicle has committed a violation of the laws of this state other than a violation of this section.] S 4. This act shall take effect on the same date and in the same manner as chapter 403 of the laws of 2009, takes effect and shall apply to violations occurring on and after such date.
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