S T A T E O F N E W Y O R K
________________________________________________________________________
1637
2021-2022 Regular Sessions
I N S E N A T E
January 14, 2021
___________
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed 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 154-a to read as follows:
§ 154-A. TRAFFIC-CONTROL SIGNAL PREEMPTION DEVICE. ANY DEVICE
DESIGNED OR USED TO CHANGE OR ATTEMPT TO CHANGE THE SIGNAL INDICATIONS
OF A TRAFFIC-CONTROL SIGNAL OR TRAFFIC-CONTROL DEVICE. THIS SHALL
INCLUDE, BUT NOT BE LIMITED TO, A MOBILE INFRARED TRANSMITTER OR OTHER
DEVICE THAT IS CAPABLE OF SENDING A SIGNAL THAT INTERRUPTS OR CHANGES
THE SEQUENCE PATTERNS OF AN OFFICIAL TRAFFIC-CONTROL DEVICE OR TRAFFIC-
CONTROL SIGNAL.
§ 2. The vehicle and traffic law is amended by adding a new section
397-c to read as follows:
§ 397-C. UNAUTHORIZED SALE, PURCHASE, OR USE OF TRAFFIC-CONTROL SIGNAL
PREEMPTION DEVICE. 1. NO PERSON SHALL BUY, POSSESS, MANUFACTURE,
INSTALL, SELL, OFFER FOR SALE, OR OTHERWISE DISTRIBUTE A TRAFFIC-CONTROL
SIGNAL PREEMPTION DEVICE, UNLESS THE PURCHASE, POSSESSION, MANUFACTURE,
INSTALLATION, SALE, OFFER FOR SALE, OR DISTRIBUTION IS FOR USE OF THE
DEVICE BY AN AUTHORIZED EMERGENCY VEHICLE OR PUBLIC TRANSPORTATION VEHI-
CLE.
2. (A) EXCLUDING AN AUTHORIZED EMERGENCY VEHICLE OR AUTHORIZED PUBLIC
TRANSPORTATION VEHICLE OPERATING WITHIN THE SCOPE OF HIS OR HER OFFICIAL
DUTIES, NO PERSON SHALL OPERATE ANY MOTOR VEHICLE WHICH HE OR SHE KNOWS
IS EQUIPPED WITH A TRAFFIC-CONTROL SIGNAL PREEMPTION DEVICE. THE PRES-
ENCE IN A MOTOR VEHICLE OF A TRAFFIC-CONTROL SIGNAL PREEMPTION DEVICE
CONNECTED TO A POWER SOURCE AND IN AN OPERABLE CONDITION IS PRESUMPTIVE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02519-01-1
S. 1637 2
EVIDENCE OF THE OPERATOR'S KNOWLEDGE OF THE DEVICE. SUCH PRESUMPTION
SHALL BE REBUTTED BY ANY CREDIBLE AND RELIABLE EVIDENCE WHICH TENDS TO
SHOW THAT THE OPERATOR OF THE MOTOR VEHICLE WAS NOT AWARE OF THE PRES-
ENCE OF SUCH DEVICE. THE DEFINITION OF AN "AUTHORIZED PUBLIC TRANSPORTA-
TION VEHICLE" SHALL INCLUDE, BUT NOT BE LIMITED TO, PUBLIC TRANSPORTA-
TION AUTHORIZED UNDER TITLES ELEVEN, ELEVEN-A, ELEVEN-B, ELEVEN-C, AND
ELEVEN-D OF ARTICLE FIVE OF THE PUBLIC AUTHORITIES LAW OR PUBLIC TRANS-
PORTATION AUTHORIZED UNDER CHAPTER ONE HUNDRED FIFTY-FOUR OF THE LAWS OF
OF NINETEEN HUNDRED TWENTY-ONE RELATING TO THE PORT AUTHORITY OF NEW
YORK AND NEW JERSEY.
(B) 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.
(C) AUTHORIZED EMERGENCY VEHICLE PERSONNEL SHALL ONLY OPERATE A TRAFF-
IC-CONTROL SIGNAL PREEMPTION DEVICE IN THE COURSE OF AN EMERGENCY OPERA-
TION.
3. (A) UNAUTHORIZED MANUFACTURE, INSTALLATION, SALE, OFFER FOR SALE,
OR DISTRIBUTION OF A TRAFFIC-CONTROL SIGNAL PREEMPTION DEVICE IN
VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL BE A CLASS A MISDE-
MEANOR, PUNISHABLE BY A FINE OF FIVE THOUSAND DOLLARS FOR EACH DEVICE
MANUFACTURED, INSTALLED, SOLD, OFFERED FOR SALE, OR DISTRIBUTED.
(B) UNAUTHORIZED PURCHASE OR POSSESSION OF A TRAFFIC-CONTROL SIGNAL
PREEEMPTION DEVICE IN VIOLATION OF SUBDIVISION ONE OR TWO 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.
(C) A VIOLATION OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION
WHILE USING A TRAFFIC-CONTROL SIGNAL PREEMPTION DEVICE TO CHANGE OR
ATTEMPT TO CHANGE THE SIGNAL INDICATIONS OF A TRAFFIC-CONTROL SIGNAL OR
TRAFFIC-CONTROL DEVICE SHALL CONSTITUTE A CLASS A MISDEMEANOR.
(D) IF A SERIOUS PHYSICAL INJURY OR DEATH, AS DEFINED BY ARTICLE TEN
OF THE PENAL LAW, OCCURS AS A RESULT OF A VIOLATION OF PARAGRAPH (A) OF
SUBDIVISION TWO OF THIS SECTION WHILE USING A TRAFFIC-CONTROL SIGNAL
PREEMPTION DEVICE TO AFFECT THE OPERATION OF A TRAFFIC-CONTROL SIGNAL OR
TRAFFIC-CONTROL DEVICE, SUCH VIOLATION SHALL CONSTITUTE A CLASS E FELO-
NY.
(E) NOTHING IN THIS SECTION SHALL BE DEEMED TO SUPERSEDE THE
PROVISIONS OF ANY OTHER APPLICABLE SECTION OF LAW.
§ 3. Subdivision (b) of section 1115 of the vehicle and traffic law,
as amended by chapter 251 of the laws of 2016, is amended and a new
subdivision (d) is added to read as follows:
(b) For the purposes of this section the following terms shall have
the following meanings:
1. to "deface" shall include, but not be limited to, to damage,
destroy, disfigure, erase, ruin, distort, spoil or otherwise change the
external appearance of an object by the use of chalk, crayon, paint,
stain, ink or other similar material.
2. to "alter" a traffic-control signal shall include, but not be
limited to, changing or attempting to change the signal indications of a
traffic-control signal by use of a traffic-control signal preemption
device.
[3. "traffic-control signal preemption device" shall mean any device
designed or used to change or attempt to change the signal indications
of a traffic-control signal.]
(D) A VIOLATION OF THIS SECTION SHALL BE SUBJECT TO PENALTIES IN
ACCORDANCE WITH PARAGRAPHS (B), (C) AND (D) OF SUBDIVISION THREE OF
SECTION THREE HUNDRED NINETY-SEVEN-C OF THIS CHAPTER.
S. 1637 3
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
