Bill Text: NY S01637 | 2021-2022 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-01-05 - REFERRED TO TRANSPORTATION [S01637 Detail]
Download: New_York-2021-S01637-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1637 2021-2022 Regular Sessions IN SENATE 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: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 154-a to read as follows: 3 § 154-a. Traffic-control signal preemption device. Any device 4 designed or used to change or attempt to change the signal indications 5 of a traffic-control signal or traffic-control device. This shall 6 include, but not be limited to, a mobile infrared transmitter or other 7 device that is capable of sending a signal that interrupts or changes 8 the sequence patterns of an official traffic-control device or traffic- 9 control signal. 10 § 2. The vehicle and traffic law is amended by adding a new section 11 397-c to read as follows: 12 § 397-c. Unauthorized sale, purchase, or use of traffic-control signal 13 preemption device. 1. No person shall buy, possess, manufacture, 14 install, sell, offer for sale, or otherwise distribute a traffic-control 15 signal preemption device, unless the purchase, possession, manufacture, 16 installation, sale, offer for sale, or distribution is for use of the 17 device by an authorized emergency vehicle or public transportation vehi- 18 cle. 19 2. (a) Excluding an authorized emergency vehicle or authorized public 20 transportation vehicle operating within the scope of his or her official 21 duties, no person shall operate any motor vehicle which he or she knows 22 is equipped with a traffic-control signal preemption device. The pres- 23 ence in a motor vehicle of a traffic-control signal preemption device 24 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. LBD02519-01-1S. 1637 2 1 evidence of the operator's knowledge of the device. Such presumption 2 shall be rebutted by any credible and reliable evidence which tends to 3 show that the operator of the motor vehicle was not aware of the pres- 4 ence of such device. The definition of an "authorized public transporta- 5 tion vehicle" shall include, but not be limited to, public transporta- 6 tion authorized under titles eleven, eleven-A, eleven-B, eleven-C, and 7 eleven-D of article five of the public authorities law or public trans- 8 portation authorized under chapter one hundred fifty-four of the laws of 9 of nineteen hundred twenty-one relating to the port authority of New 10 York and New Jersey. 11 (b) The provisions of this section shall not apply to any person using 12 such a device while engaged in the authorized maintenance or repair of a 13 traffic-control signal. 14 (c) Authorized emergency vehicle personnel shall only operate a traff- 15 ic-control signal preemption device in the course of an emergency opera- 16 tion. 17 3. (a) Unauthorized manufacture, installation, sale, offer for sale, 18 or distribution of a traffic-control signal preemption device in 19 violation of subdivision one of this section shall be a class A misde- 20 meanor, punishable by a fine of five thousand dollars for each device 21 manufactured, installed, sold, offered for sale, or distributed. 22 (b) Unauthorized purchase or possession of a traffic-control signal 23 preeemption device in violation of subdivision one or two of this 24 section shall constitute a traffic infraction punishable by a fine of 25 not less than one hundred dollars nor more than three hundred dollars. 26 (c) A violation of paragraph (a) of subdivision two of this section 27 while using a traffic-control signal preemption device to change or 28 attempt to change the signal indications of a traffic-control signal or 29 traffic-control device shall constitute a class A misdemeanor. 30 (d) If a serious physical injury or death, as defined by article ten 31 of the penal law, occurs as a result of a violation of paragraph (a) of 32 subdivision two of this section while using a traffic-control signal 33 preemption device to affect the operation of a traffic-control signal or 34 traffic-control device, such violation shall constitute a class E felo- 35 ny. 36 (e) Nothing in this section shall be deemed to supersede the 37 provisions of any other applicable section of law. 38 § 3. Subdivision (b) of section 1115 of the vehicle and traffic law, 39 as amended by chapter 251 of the laws of 2016, is amended and a new 40 subdivision (d) is added to read as follows: 41 (b) For the purposes of this section the following terms shall have 42 the following meanings: 43 1. to "deface" shall include, but not be limited to, to damage, 44 destroy, disfigure, erase, ruin, distort, spoil or otherwise change the 45 external appearance of an object by the use of chalk, crayon, paint, 46 stain, ink or other similar material. 47 2. to "alter" a traffic-control signal shall include, but not be 48 limited to, changing or attempting to change the signal indications of a 49 traffic-control signal by use of a traffic-control signal preemption 50 device. 51 [3. "traffic-control signal preemption device" shall mean any device52designed or used to change or attempt to change the signal indications53of a traffic-control signal.] 54 (d) A violation of this section shall be subject to penalties in 55 accordance with paragraphs (b), (c) and (d) of subdivision three of 56 section three hundred ninety-seven-c of this chapter.S. 1637 3 1 § 4. This act shall take effect on the one hundred eightieth day after 2 it shall have become a law. Effective immediately, the addition, amend- 3 ment and/or repeal of any rule or regulation necessary for the implemen- 4 tation of this act on its effective date are authorized to be made and 5 completed on or before such effective date.
