Assembly Bill A278

2017-2018 Legislative Session

Prohibits operation of any motor vehicle equipped with device which affects the operation of traffic-control signals

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A278 (ACTIVE) - Details

See Senate Version of this Bill:
S3249
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §397-c, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2791, S1807
2011-2012: A1638, A10245, S1208
2013-2014: A1269, S3994
2015-2016: A1015, S2203
2019-2020: A3625, S1632
2021-2022: A6518, S1637
2023-2024: A8056, S1157

2017-A278 (ACTIVE) - 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.

2017-A278 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    278
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 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:
   § 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.
                                                            LBD02737-01-7

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