senate Bill S6728A

2013-2014 Legislative Session

Increases fines for the use of mobile telephones or the use of portable electronic devices while in a work area or school zone

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Archive: Last Bill Status - In Committee


  • 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 27, 2014 print number 6728a
amend (t) and recommit to transportation
Mar 04, 2014 referred to transportation

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S6728 - Bill Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§1225-c & 1225-d, V & T L

S6728 - Bill Texts

view summary

Increases fines for the use of mobile telephones or the use of portable electronic devices while in a work area or school zone.

view sponsor memo
BILL NUMBER:S6728

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to doubling fines for the use of mobile telephones or the use
of portable electronic devices while in a work area or school zone

PURPOSE:

To help protect school children and highway workers.

SUMMARY OF PROVISIONS:

Section 1 amends section 1225-c of the Vehicle and Traffic law by
adding a new subdivision 5 which doubles the applicable fines for
using a mobile telephone while operating a motor vehicle in a school
zone or work area. This section also defines a work area and school
zone for the purposes of the subdivision.

Section 2 amends section 1225-d of the Vehicle and Traffic law by
adding a new subdivision 7 which doubles the applicable fines for
using a portable electronic device while operating a motor vehicle in
a school zone or work area. This section also defines a work area and
school zone for the purposes of the subdivision.

Section 3 provides that this act shall take effect on the sixtieth day
after it shall have become law.

JUSTIFICATION:

It is now well recognized that using a mobile telephone or a portable
electronic device while operating a motor vehicle distracts the driver
and is dangerous to the driver, any occupants in the vehicle and to
other vehicles and nearby pedestrians. It is particularly dangerous in
work areas, where workers may be located near traffic flow, and in
school zones where children, or their parents, are frequently walking
and crossing streets. In either situation, the margin for error is
much reduced, and it is critical that motorists direct all of their
attention to observing where they are going and what is happening
around them This bill will help to protect both children and workers
from drivers who are distracted by mobile telephones or portable
electronic devices.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None to state.

EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have
become law.

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

                                  6728

                            I N  S E N A T E

                              March 4, 2014
                               ___________

Introduced by Sens. RANZENHOFER, LARKIN -- read twice and ordered print-
  ed,  and  when printed to be committed to the Committee on Transporta-
  tion

AN ACT to amend the vehicle and traffic law,  in  relation  to  doubling
  fines  for  the  use of mobile telephones or the use of portable elec-
  tronic devices while in a work area or school zone

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1225-c of the vehicle and traffic law is amended by
adding a new subdivision 5 to read as follows:
  5.  (A) A VIOLATION OF SUBDIVISION TWO OF THIS SECTION WHILE IN A WORK
AREA OR SCHOOL ZONE SHALL BE A TRAFFIC INFRACTION AND SHALL BE  PUNISHA-
BLE  BY  A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN THREE
HUNDRED DOLLARS UPON CONVICTION OF A FIRST VIOLATION; UPON CONVICTION OF
A SECOND VIOLATION, BOTH OF WHICH WERE  COMMITTED  WITHIN  A  PERIOD  OF
EIGHTEEN  MONTHS,  WHILE  IN  A WORK AREA OR SCHOOL ZONE, SUCH VIOLATION
SHALL BE PUNISHED BY A FINE OF NOT LESS THAN  ONE  HUNDRED  DOLLARS  NOR
MORE THAN FOUR HUNDRED DOLLARS; UPON CONVICTION OF A THIRD OR SUBSEQUENT
VIOLATION,  ALL  OF  WHICH  WERE  COMMITTED  WITHIN A PERIOD OF EIGHTEEN
MONTHS, WHILE IN A WORK AREA OR SCHOOL ZONE,  SUCH  VIOLATION  SHALL  BE
PUNISHED  BY  A  FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN
EIGHT HUNDRED DOLLARS.
  (B) FOR PURPOSES OF THIS SUBDIVISION:
  I. "WORK AREA" SHALL MEAN THAT PART OF A HIGHWAY BEING USED  OR  OCCU-
PIED  FOR  THE  CONDUCT OF HIGHWAY WORK, WITHIN WHICH WORKERS, VEHICLES,
EQUIPMENT, MATERIALS, SUPPLIES, EXCAVATIONS, OR OTHER  OBSTRUCTIONS  ARE
PRESENT.
  II.  "SCHOOL  ZONE"  SHALL MEAN THE DISTANCE ALONG A HIGHWAY PASSING A
SCHOOL BUILDING, ENTRANCE OR EXIT OF A SCHOOL ABUTTING  ON  THE  HIGHWAY
FOR  WHICH A SCHOOL SIGN (S1-1) HAS BEEN POSTED PURSUANT TO THIS CHAPTER
AND IN COMPLIANCE WITH THE MANUAL ON  UNIFORM  TRAFFIC  CONTROL  DEVICES
MAINTAINED PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER.
  S  2.  Section  1225-d  of  the  vehicle and traffic law is amended by
adding a new subdivision 7 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14043-01-4

S. 6728                             2

  7. (A) A VIOLATION OF THIS SECTION WHILE IN A WORK AREA OR SCHOOL ZONE
SHALL BE A TRAFFIC INFRACTION AND SHALL BE PUNISHABLE BY A FINE  OF  NOT
LESS  THAN  ONE HUNDRED DOLLARS NOR MORE THAN THREE HUNDRED DOLLARS UPON
CONVICTION OF A FIRST VIOLATION; UPON CONVICTION OF A SECOND  VIOLATION,
BOTH  OF  WHICH WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, WHILE
IN A WORK AREA OR SCHOOL ZONE, SUCH VIOLATION SHALL  BE  PUNISHED  BY  A
FINE  OF  NOT  LESS  THAN ONE HUNDRED DOLLARS NOR MORE THAN FOUR HUNDRED
DOLLARS; UPON CONVICTION OF A THIRD  OR  SUBSEQUENT  VIOLATION,  ALL  OF
WHICH WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, WHILE IN A WORK
AREA  OR  SCHOOL ZONE, SUCH VIOLATION SHALL BE PUNISHED BY A FINE OF NOT
LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN EIGHT HUNDRED DOLLARS.
  (B) FOR PURPOSES OF THIS SUBDIVISION:
  I. "WORK AREA" SHALL MEAN THAT PART OF A HIGHWAY BEING USED  OR  OCCU-
PIED  FOR  THE  CONDUCT OF HIGHWAY WORK, WITHIN WHICH WORKERS, VEHICLES,
EQUIPMENT, MATERIALS, SUPPLIES, EXCAVATIONS, OR OTHER  OBSTRUCTIONS  ARE
PRESENT.
  II.  "SCHOOL  ZONE"  SHALL MEAN THE DISTANCE ALONG A HIGHWAY PASSING A
SCHOOL BUILDING, ENTRANCE OR EXIT OF A SCHOOL ABUTTING  ON  THE  HIGHWAY
FOR  WHICH A SCHOOL SIGN (S1-1) HAS BEEN POSTED PURSUANT TO THIS CHAPTER
AND IN COMPLIANCE WITH THE MANUAL ON  UNIFORM  TRAFFIC  CONTROL  DEVICES
MAINTAINED PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

Co-Sponsors

S6728A (ACTIVE) - Bill Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§1225-c & 1225-d, V & T L

S6728A (ACTIVE) - Bill Texts

view summary

Increases fines for the use of mobile telephones or the use of portable electronic devices while in a work area or school zone.

view sponsor memo
BILL NUMBER:S6728A

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to increased fines for the use of mobile telephones or the
use of portable electronic devices while in a work area or school zone

PURPOSE: To help to protect school children and highway workers

SUMMARY OF PROVISIONS:;

Section 1 - amends section 1225-c of the Vehicle and Traffic Law by
adding a new subdivision 5 which adds an additional $100 fine to the
applicable fines for using a mobile telephone when operating a motor
vehicle in a school zone or work area. This section also defines a
work area and school zone for the purposes of the subdivision.

Section 2 - amends section 1225-d of the Vehicle and Traffic Law by
adding a new subdivision 7 which adds an additional $100 fine to the
applicable fines for using a portable electronic device when operating
a motor vehicle in a school zone or work area. This section also
defines a work area and school zone for the purposes of the
subdivision.

Section 3 - provides that this act shall take effect on the sixtieth
day after it shall have become law.

JUSTIFICATION: It is now well recognized that using a mobile telephone
or a portable electronic device while operating a motor vehicle
distracts the driver and is dangerous to the driver, any occupants in
the vehicle and to other vehicles and nearby pedestrians. It is
particularly dangerous in work areas, where workers may be located
near traffic flow, and in school zones where children, or their
parents, are frequently walking and crossing streets. In either
situation, the margin for error is much reduced, and it is critical
that motorists direct all of their attention to observing where they
are going and what is happening around them. This bill will help to
protect both children and workers from drivers who are distracted by
mobile telephones or portable electronic devices.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None to state.

EFFECTIVE DATE: This act shall take effect on the 60th day after it
shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6728--A

                            I N  S E N A T E

                              March 4, 2014
                               ___________

Introduced  by  Sens.  RANZENHOFER,  AVELLA,  LARKIN  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Transportation   --   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  increased
  fines  for  the  use of mobile telephones or the use of portable elec-
  tronic devices while in a work area or school zone

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1225-c of the vehicle and traffic law is amended by
adding a new subdivision 5 to read as follows:
  5.  (A) A VIOLATION OF SUBDIVISION TWO OF THIS SECTION WHILE IN A WORK
AREA OR SCHOOL ZONE SHALL BE A TRAFFIC INFRACTION AND SHALL BE  PUNISHA-
BLE  BY  A FINE OF ONE HUNDRED DOLLARS WHICH SHALL BE IN ADDITION TO THE
AMOUNTS PRESCRIBED IN SUBDIVISION FOUR OF THIS SECTION.
  (B) FOR PURPOSES OF THIS SUBDIVISION:
  I. "WORK AREA" SHALL MEAN THAT PART OF A HIGHWAY BEING USED  OR  OCCU-
PIED  FOR  THE  CONDUCT OF HIGHWAY WORK, WITHIN WHICH WORKERS, VEHICLES,
EQUIPMENT, MATERIALS, SUPPLIES, EXCAVATIONS, OR OTHER  OBSTRUCTIONS  ARE
PRESENT.
  II.  "SCHOOL  ZONE"  SHALL MEAN THE DISTANCE ALONG A HIGHWAY PASSING A
SCHOOL BUILDING, ENTRANCE OR EXIT OF A SCHOOL ABUTTING  ON  THE  HIGHWAY
FOR  WHICH A SCHOOL SIGN (S1-1) HAS BEEN POSTED PURSUANT TO THIS CHAPTER
AND IN COMPLIANCE WITH THE MANUAL ON  UNIFORM  TRAFFIC  CONTROL  DEVICES
MAINTAINED PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER.
  S  2.  Section  1225-d  of  the  vehicle and traffic law is amended by
adding a new subdivision 7 to read as follows:
  7. (A) A VIOLATION OF THIS SECTION WHILE IN A WORK AREA OR SCHOOL ZONE
SHALL BE A TRAFFIC INFRACTION AND SHALL BE PUNISHABLE BY A FINE  OF  ONE
HUNDRED  DOLLARS WHICH SHALL BE IN ADDITION TO THE AMOUNTS PRESCRIBED IN
SUBDIVISION SIX OF THIS SECTION.
  (B) FOR PURPOSES OF THIS SUBDIVISION:
  I. "WORK AREA" SHALL MEAN THAT PART OF A HIGHWAY BEING USED  OR  OCCU-
PIED  FOR  THE  CONDUCT OF HIGHWAY WORK, WITHIN WHICH WORKERS, VEHICLES,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14043-03-4

S. 6728--A                          2

EQUIPMENT, MATERIALS, SUPPLIES, EXCAVATIONS, OR OTHER  OBSTRUCTIONS  ARE
PRESENT.
  II.  "SCHOOL  ZONE"  SHALL MEAN THE DISTANCE ALONG A HIGHWAY PASSING A
SCHOOL BUILDING, ENTRANCE OR EXIT OF A SCHOOL ABUTTING  ON  THE  HIGHWAY
FOR  WHICH A SCHOOL SIGN (S1-1) HAS BEEN POSTED PURSUANT TO THIS CHAPTER
AND IN COMPLIANCE WITH THE MANUAL ON  UNIFORM  TRAFFIC  CONTROL  DEVICES
MAINTAINED PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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