senate Bill S3994

2013-2014 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 - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 07, 2014 referred to transportation
delivered to assembly
passed senate
May 05, 2014 advanced to third reading
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.408
Jan 08, 2014 referred to transportation
returned to senate
died in assembly
Jun 05, 2013 referred to transportation
delivered to assembly
passed senate
Jun 04, 2013 advanced to third reading
Jun 03, 2013 2nd report cal.
May 30, 2013 1st report cal.829
Mar 04, 2013 referred to transportation

Votes

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Apr 29, 2014 - Transportation committee Vote

S3994
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

May 30, 2013 - Transportation committee Vote

S3994
17
0
committee
17
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Transportation committee vote details

Transportation Committee Vote: May 30, 2013

excused (1)

Co-Sponsors

S3994 - Bill Details

See Assembly Version of this Bill:
A1269
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง397-c, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1208, A10245
2009-2010: S1807C, A2791B, S1208

S3994 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S3994

TITLE OF BILL: 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

PURPOSE:

To prohibit the operation of any vehicle, except an emergency vehicle,
that is equipped with a device which affects the operation of a
traffic control signal.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 397-c to the vehicle and
traffic law to make it illegal for a person to operate a vehicle which
he or she knows is equipped with a device capable of affecting the
operation of any traffic-control signal. The bill also provides
exceptions where the operator can show by credible evidence that he or
she was not aware of the presence of the device or if the person using
such a device is engaged in the authorized maintenance or repair of a
traffic-control signal. Possession of the device shall constitute a
traffic infraction. If the operator is using the device to affect the
operation of a traffic control signal, it shall constitute a class A
misdemeanor. If the unauthorized use of such a device causes personal
injury or death, then it shall constitute a class E felony.

In addition, operators of authorized emergency vehicles and public
transportation vehicles are exempt from this section.

EXISTING LAW:

None exists.

JUSTIFICATION:

There are people willing to pay as much as $1,000 for a device that
allows them to change a red light to green right from their drivers
scat as if they were law enforcement officers on call. The purpose of
the existence of such devices is for emergency access and not for the
convenience for someone who wants to get home earlier from work or to
dodge traffic. These devices exist and are currently in use by non
emergency personnel. Public safety dictates the need to make the use
of such devices illegal by persons other than authorized emergency
personnel. Such devices flaunt public safety concerns and could cause
serious personal injury or death on New York roadways.

LEGISLATIVE HISTORY:

2011-12: A10245 referred to Transportation/S1208 passed Senate
2009-10: A2791B referred to Transportation/S1807C
2007-08: A7091 referred to Transportation/S1348 Passed Senate 2007 &
referred to Transportation 2008
2005-06: S281 Passed Senate 2005 & referred to Transportation 2006
2003-04: S4468 Passed Senate 2003 and 2004

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

This act takes effect on the first of November next succeeding the
date on which it shall have become a law.

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

                                  3994

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

Introduced  by  Sen.  LARKIN -- 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  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.
  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.
  4.   A VIOLATION OF SUBDIVISION ONE OF THIS SECTION WHILE USING SUCH A
DEVICE TO AFFECT THE OPERATION OF A TRAFFIC-CONTROL SIGNAL SHALL CONSTI-
TUTE A CLASS A MISDEMEANOR.
  5. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION WHILE USING  SUCH  A
DEVICE  TO AFFECT THE OPERATION OF A TRAFFIC-CONTROL SIGNAL AND SUCH USE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02976-01-3

S. 3994                             2

CAUSES PERSONAL INJURY OR DEATH AS A RESULT OF ITS EFFECT ON A  TRAFFIC-
CONTROL SIGNAL SHALL CONSTITUTE A CLASS E FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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