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.