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Assembly Bill A3234

2019-2020 Legislative Session

Relates to creating a pilot program for the field testing of driving while intoxicated vehicle sensor devices; and providing for the repeal of such provisions upon the expiration thereof

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Archive: Last Bill Status - In Assembly Committee

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2019-A3234 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1225-e, V & T L
Versions Introduced in 2017-2018 Legislative Session:
A11370

2019-A3234 (ACTIVE) - Summary

Relates to creating a pilot program for the field testing of driving while intoxicated vehicle sensor devices to be administered by the Commissioner of the Department of Motor Vehicles in consultation with the Driver Alcohol Detection System for Safety Program and the National Highway Traffic Safety Administration.

2019-A3234 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3234
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  creating  a
   pilot program for the field testing of driving while intoxicated vehi-
   cle  sensor  devices;  and providing for the repeal of such provisions
   upon the expiration thereof

   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 1225-e to read as follows:
   § 1225-E. PILOT PROGRAM FOR FIELD TESTING OF DRIVING WHILE INTOXICATED
 VEHICLE SENSOR DEVICES. 1.  FOR PURPOSES OF THIS SECTION "FIELD TESTING"
 SHALL MEAN THE USE OF DEVICES CREATED BY THE  DRIVER  ALCOHOL  DETECTION
 SYSTEM  FOR  SAFETY  PROGRAM UTILIZED IN ACCORDANCE WITH RULES AND REGU-
 LATIONS PROMULGATED BY THE COMMISSIONER, THAT DETERMINES WHETHER OR  NOT
 THE  OPERATOR  OF  A  MOTOR VEHICLE IS UNLAWFULLY IMPAIRED BY THE USE OF
 ALCOHOL. SUCH DEVICES SHALL MEASURE THE OPERATOR'S BLOOD ALCOHOL  LEVEL,
 AND  IF  DETERMINED THAT THE OPERATOR'S BLOOD ALCOHOL LEVEL IS ABOVE THE
 LEGAL LIMIT PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS  CHAP-
 TER,  THE  VEHICLE  SHALL NOT BE PERMITTED TO MOVE BUT SHALL PERFORM ALL
 OTHER VEHICLE FUNCTIONS.
   2. THE COMMISSIONER SHALL  AUTHORIZE  A  TWO  YEAR  PILOT  PROGRAM  TO
 PERFORM  FIELD  TESTING  OF THE DEVICES REFERENCED IN SUBDIVISION ONE OF
 THIS SECTION. AFTER CONSULTATION WITH MANUFACTURERS OF SUCH DEVICES  AND
 THE  NATIONAL  HIGHWAY  TRAFFIC  SAFETY ADMINISTRATION, THE COMMISSIONER
 SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO  PERFORM  THE  FIELD
 TESTING.  PARTICIPATION  IN  THE  PILOT  PROGRAM  SHALL  BE OPTIONAL AND
 SUBJECT TO PARTICIPATION GUIDELINES ESTABLISHED BY THE COMMISSIONER.
   3. AT THE CONCLUSION OF SUCH PILOT  PROGRAM,  THE  COMMISSIONER  SHALL
 ASSESS THE PROGRAM AND SUBMIT A REPORT TO THE LEGISLATURE AND THE GOVER-
 NOR, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE AMOUNT AND LOCATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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