Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 09, 2010 |
referred to transportation |
Senate Bill S6810
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Transportation 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
co-Sponsors
(D) Senate District
2009-S6810 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9229
- Current Committee:
- Senate Transportation
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd §1225-d, V & T L
- Versions Introduced in 2011-2012 Legislative Session:
-
S100, A1294
2009-S6810 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6810 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 Vehicle and Traffic Law §1225-d relating to the use of portable electronic devices while operating a motor vehicle, and removes a provision requiring 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"
2009-S6810 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6810 I N S E N A T E February 9, 2010 ___________ Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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