Bill Text: NY A09743 | 2009-2010 | General Assembly | Introduced

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Bill Title: Prohibits operation of a motor vehicle on any highway in this state equipped with a radar device commonly known as a PHAZER II connected to a power source; provides for use of rebuttable presumption.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2010-01-21 - referred to transportation [A09743 Detail]

Download: New_York-2009-A09743-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9743
                                 I N  A S S E M B L Y
                                   January 21, 2010
                                      ___________
       Introduced  by M. of A. COOK, MARKEY, POWELL -- Multi-Sponsored by -- M.
         of A. M. MILLER -- read once and referred to the Committee  on  Trans-
         portation
       AN  ACT to amend the vehicle and traffic law, in relation to prohibition
         of radar detectors
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 397-a of the vehicle and traffic law is amended by
    2  adding a new subdivision 2-a to read as follows:
    3    2-A. IT SHALL BE UNLAWFUL TO OPERATE UPON ANY PUBLIC HIGHWAY  IN  THIS
    4  STATE  A  MOTOR VEHICLE WHICH IS EQUIPPED WITH A RADAR DETECTOR OR LASER
    5  DETECTOR COMMONLY KNOWN AS A PHAZER II  DEVICE.  THE  PRESENCE  IN  SUCH
    6  VEHICLE  OF  A  PHAZER  II  DEVICE CONNECTED TO A POWER SOURCE AND IN AN
    7  OPERABLE CONDITION IS PRESUMPTIVE EVIDENCE OF  ITS  USE  BY  ANY  PERSON
    8  OPERATING SUCH VEHICLE. SUCH PRESUMPTION SHALL BE REBUTTED BY ANY CREDI-
    9  BLE  AND  RELIABLE EVIDENCE WHICH TENDS TO SHOW THAT SUCH DEVICE WAS NOT
   10  IN USE.
   11    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07565-01-9