Assembly Bill A1638

2011-2012 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - Stricken

  • 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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2011-A1638 (ACTIVE) - Details

See Senate Version of this Bill:
S1208
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง397-c, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2791, S1807
2013-2014: A1269, S3994
2015-2016: A1015, S2203
2017-2018: A278, S3249
2019-2020: A3625, S1632
2021-2022: A6518, S1637
2023-2024: A8056, S1157

2011-A1638 (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.

2011-A1638 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1638

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced  by  M. of A. DINOWITZ, GUNTHER, BENEDETTO, GALEF, P. RIVERA,
  LAVINE, CLARK, HOOPER, MAISEL  --  Multi-Sponsored  by  --  M.  of  A.
  BOYLAND,  CALHOUN,  CROUCH,  GIGLIO, GOTTFRIED, JAFFEE, MARKEY, MAYER-
  SOHN, McDONOUGH, McENENY,  McKEVITT,  OAKS,  PHEFFER,  RAIA,  REILICH,
  REILLY,  ROBINSON,  SPANO,  THIELE, TOWNS, WEISENBERG -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04455-01-1

A. 1638                             2

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