S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8056
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 27, 2023
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee 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-d to read as follows:
   § 397-D. 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.
                                                            LBD03721-01-3
              

 A. 8056                             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-D OF THIS CHAPTER.
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   § 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.