Assembly Bill A310

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    310
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
   motor vehicle stops for certain violations

   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 1210-a to read as follows:
   § 1210-A. MOTOR VEHICLE STOPS BY A POLICE OFFICER. 1. FOR THE PURPOSES
 OF THIS SECTION:
   (A)  "PRIMARY  VIOLATION"  MEANS  A VIOLATION OF A PROVISION OF LAW OF
 THIS CHAPTER THAT DOES NOT CONSTITUTE A SECONDARY VIOLATION.
   (B) "SECONDARY VIOLATION" MEANS THE FOLLOWING PROVISIONS:
   (I) SECTION FOUR HUNDRED ONE OF THIS CHAPTER,  WHEN  THE  VEHICLE  HAD
 BEEN  PREVIOUSLY  REGISTERED  WITHIN  THE STATE WITHIN SIXTY DAYS OF THE
 OBSERVED VIOLATION;
   (II) SECTION 21.2 OF TITLE FIFTEEN OF THE NEW YORK STATE CODES, RULES,
 AND REGULATIONS, WHERE THE VIOLATION IS RELATED TO THE LOCATION  OF  THE
 PERMIT BUT THE PERMIT IS OTHERWISE CLEARLY DISPLAYED;
   (III)  SECTION  FOUR  HUNDRED TWO OF THIS CHAPTER, WHERE THE VIOLATION
 PERTAINS TO A PLATE NOT SECURELY FASTENED TO THE VEHICLE BUT SUCH  PLATE
 IS OTHERWISE CLEARLY DISPLAYED;
   (IV)  SUBDIVISION  TWO  OF  SECTION THREE HUNDRED SEVENTY-FIVE OF THIS
 CHAPTER, WHERE THE VIOLATION FOR LIGHTING EQUIPMENT NOT ILLUMINATING  IS
 LIMITED  TO A SINGLE BRAKE LIGHT, HEAD LIGHT, OR RUNNING LIGHT; A SINGLE
 BULB IN A LARGER LIGHT OF THE SAME; OR ANY OTHER SINGLE LIGHT OR BULB OF
 A VEHICLE LIGHT;
   (V) SUBDIVISION THIRTY OF SECTION THREE HUNDRED SEVENTY-FIVE  OF  THIS
 CHAPTER;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00959-01-5
              

 A. 310                              2
 
   (VI)  SUBDIVISION FORTY-EIGHT OF SECTION THREE HUNDRED SEVENTY-FIVE OF
 THIS CHAPTER; OR
   (VII)  SECTION  THREE  HUNDRED ONE OF THIS CHAPTER OR SECTION 174.3 OF
 TITLE FIFTEEN OF THE NEW YORK STATE CODES, RULES, AND REGULATIONS.
   2. A POLICE OFFICER OR LAW ENFORCEMENT OFFICER MAY  INITIATE  A  MOTOR
 VEHICLE  STOP AND, AT THEIR DISCRETION, CITE A DRIVER FOR A VIOLATION OF
 A PRIMARY VIOLATION WITHOUT OBSERVING ANY OTHER VIOLATION OF THE LAWS OF
 THIS CHAPTER.
   3. A POLICE OFFICER OR OTHER LAW ENFORCEMENT OFFICER  MAY  INITIATE  A
 MOTOR  VEHICLE  STOP FOR A SECONDARY VIOLATION OBSERVED ONLY WHERE THERE
 IS A SIMULTANEOUSLY-OBSERVED PRIMARY VIOLATION FOR WHICH AN OFFICER,  AT
 THEIR DISCRETION, COULD ISSUE A CITATION.
   § 2. This act shall take effect immediately.