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Assembly Bill A4237

2019-2020 Legislative Session

Restricts the use of an electronic device while crossing a crosswalk; provides an exemption for the use of a hands free headset

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Archive: Last Bill Status - In Assembly Committee

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2019-A4237 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1158, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: A5434
2013-2014: A4826
2015-2016: A4146
2017-2018: A2669

2019-A4237 (ACTIVE) - Summary

Restricts the use of an electronic device while crossing a crosswalk; provides an exemption for the use of a hands free headset; mandates a person in violation to be issued a summons and pay a civil fine of twenty-five dollars.

2019-A4237 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4237
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  restricting
   the use of an electronic device while crossing the crosswalk
 
   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 1158 to read as follows:
   §  1158.  USE  OF ELECTRONIC DEVICES IN CROSSWALKS PROHIBITED. (A) FOR
 THE PURPOSES OF THIS SECTION:
   (1) THE TERM "ELECTRONIC DEVICE" SHALL MEAN ANY  TYPE  OF  INSTRUMENT,
 DEVICE  OR  EQUIPMENT WHICH IS DESIGNED TO TRANSMIT AND/OR RECEIVE TELE-
 PHONIC, ELECTRIC DIGITAL SIGNALS AND ACCESS SERVICE AS WELL AS ANY  TYPE
 OF INSTRUMENT DESIGNED TO HAVE SOUND AND/OR IMAGE RECORDING OR CAPTURING
 CAPABILITIES  INCLUDING, BUT NOT LIMITED TO, MOBILE TELEPHONES, PORTABLE
 MEDIA PLAYERS AND WIRELESS HANDHELD DEVICES PROVIDED THAT THE TERM SHALL
 EXEMPT THE USE OF HANDS FREE HEADSETS OR CALLING DEVICES.
   (2) THE TERM "ENGAGING IN THE USE" SHALL MEAN  HOLDING  AN  ELECTRONIC
 DEVICE  TO,  OR IN THE IMMEDIATE PROXIMITY OF, THE PERSON'S EAR, TALKING
 OR LISTENING WITH SUCH ELECTRONIC DEVICE OR TEXTING AND/OR  RECEIVING  A
 MESSAGE WITH SUCH ELECTRONIC DEVICE.
   (3) THE TERM "IMMEDIATE PROXIMITY" SHALL MEAN THAT DISTANCE AS PERMITS
 THE  USER  OF  AN ELECTRONIC DEVICE TO HEAR OR USE ANY TRANSMISSION OVER
 SUCH ELECTRONIC DEVICE BUT SHALL NOT REQUIRE PHYSICAL CONTACT WITH  SUCH
 PERSON'S EAR.
   (4)  THE  TERM  "CROSSWALK"  SHALL  MEAN  THAT PART OF A ROADWAY AT AN
 INTERSECTION INCLUDED WITHIN THE CONNECTIONS OF THE LATERAL LINES OF THE
 SIDEWALKS ON OPPOSITE SIDES OF THE HIGHWAY BETWEEN THE CURBS OR, IN  THE
 ABSENCE  OF  CURBS,  BETWEEN THE EDGES OF THE TRAVERSABLE ROADWAY OR ANY
 PORTION OF A ROADWAY AT AN INTERSECTION OR  ELSEWHERE  DISTINCTLY  INDI-
 CATED FOR PEDESTRIAN CROSSING BY LINES OR OTHER MARKINGS ON THE SURFACE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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