S T A T E O F N E W Y O R K
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1015
2015-2016 Regular Sessions
I N A S S E M B L Y
January 8, 2015
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Introduced by M. of A. GUNTHER, MONTESANO -- Multi-Sponsored by -- M. of
A. RIVERA -- 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 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.
LBD01016-01-5
A. 1015 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.