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Assembly Bill A561

2013-2014 Legislative Session

Prohibits the use of a mobile telephone while operating a bicycle; repealer

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Archive: Last Bill Status - In Assembly Committee

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2013-A561 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง1238-a, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1841
2011-2012: A549
2015-2016: A111
2017-2018: A2435

2013-A561 (ACTIVE) - Summary

Prohibits the use of a mobile telephone while operating a bicycle upon a public highway, bicycle lane or roadway; provides an exception for emergency calls and hands-free mobile telephones; further prohibits local governments from regulating the use of a mobile telephone by bicycle operators and provides for the repeal of certain provisions upon expiration thereof.

2013-A561 (ACTIVE) - Bill Text download pdf 

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

                                   561

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. DINOWITZ, GALEF, ORTIZ, QUART -- Multi-Sponsored
  by -- M. of A.  GOTTFRIED, 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 a mobile telephone while operating a bicycle and to prohib-
  it  local  governments from regulating the use of mobile telephones by
  bicycle operators; and providing for the repeal of certain  provisions
  upon expiration thereof

  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 1238-a to read as follows:
  S 1238-A. USE OF MOBILE TELEPHONES; PROHIBITED. 1. FOR THE PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL MEAN:
  (A)  "MOBILE  TELEPHONE" SHALL MEAN THE DEVICE USED BY SUBSCRIBERS AND
OTHER USERS OF WIRELESS TELEPHONE SERVICE TO ACCESS SUCH SERVICE.
  (B) "WIRELESS TELEPHONE SERVICE" SHALL MEAN TWO-WAY  REAL  TIME  VOICE
TELECOMMUNICATIONS  SERVICE  THAT IS INTERCONNECTED TO A PUBLIC SWITCHED
TELEPHONE NETWORK AND IS PROVIDED BY A COMMERCIAL MOBILE RADIO  SERVICE,
AS SUCH TERM IS DEFINED BY 47 C.F.R. S 20.3.
  (C)  "USING" SHALL MEAN HOLDING A MOBILE TELEPHONE TO, OR IN THE IMME-
DIATE PROXIMITY OF, THE USER'S EAR.
  (D) "HAND-HELD MOBILE TELEPHONE" SHALL MEAN A  MOBILE  TELEPHONE  WITH
WHICH A USER ENGAGES IN A CALL USING AT LEAST ONE HAND.
  (E)  "HANDS-FREE  MOBILE TELEPHONE" SHALL MEAN A MOBILE TELEPHONE THAT
HAS AN INTERNAL FEATURE OR FUNCTION, OR THAT IS EQUIPPED WITH AN ATTACH-
MENT OR ADDITION, WHETHER OR NOT PERMANENTLY PART OF SUCH  MOBILE  TELE-
PHONE, BY WHICH A USER ENGAGES IN A CALL WITHOUT THE USE OF EITHER HAND,
WHETHER  OR NOT THE USE OF EITHER HAND IS NECESSARY TO ACTIVATE, DEACTI-
VATE OR INITIATE A FUNCTION OF SUCH TELEPHONE.

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

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