A02669 Summary:

Add 1158, V & T L
Restricts the use of an electronic device while crossing a crosswalk; provides an exemption for the use of a hands free headset; mandates a person in violation to be issued a summons and pay a civil fine of twenty-five dollars.
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A02669 Actions:

01/20/2017referred to transportation
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A02669 Memo:

Memo not available
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A02669 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 20, 2017
        Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
          Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to  restricting
          the use of an electronic device while crossing the crosswalk
          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 1158 to read as follows:
     3    §  1158.  Use  of electronic devices in crosswalks prohibited. (a) For
     4  the purposes of this section:
     5    (1) The term "electronic device" shall mean any  type  of  instrument,
     6  device  or  equipment which is designed to transmit and/or receive tele-
     7  phonic, electric digital signals and access service as well as any  type
     8  of instrument designed to have sound and/or image recording or capturing
     9  capabilities  including, but not limited to, mobile telephones, portable
    10  media players and wireless handheld devices provided that the term shall
    11  exempt the use of hands free headsets or calling devices.
    12    (2) The term "engaging in the use" shall mean  holding  an  electronic
    13  device  to,  or in the immediate proximity of, the person's ear, talking
    14  or listening with such electronic device or texting and/or  receiving  a
    15  message with such electronic device.
    16    (3) The term "immediate proximity" shall mean that distance as permits
    17  the  user  of  an electronic device to hear or use any transmission over
    18  such electronic device but shall not require physical contact with  such
    19  person's ear.
    20    (4)  The  term  "crosswalk"  shall  mean  that part of a roadway at an
    21  intersection included within the connections of the lateral lines of the
    22  sidewalks on opposite sides of the highway between the curbs or, in  the
    23  absence  of  curbs,  between the edges of the traversable roadway or any
    24  portion of a roadway at an intersection or  elsewhere  distinctly  indi-
    25  cated for pedestrian crossing by lines or other markings on the surface.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2669                             2
     1    (b)  No person shall enter and cross a crosswalk while engaging in the
     2  use of an electronic device.
     3    (c) A person with an electronic device who holds such device to, or in
     4  the  immediate proximity of his or her ear or who types into the device,
     5  is presumed to be engaging in the use of such device within the  meaning
     6  of  this  section.  The  presumption  established by this subdivision is
     7  rebuttable by evidence tending to show that the user was not engaged  in
     8  such use.
     9    (d) The provisions of this section shall not be construed as authoriz-
    10  ing  the seizure or forfeiture of an electronic device, unless otherwise
    11  provided by law.
    12    (e) A person who violates subdivision (b) of  this  section  shall  be
    13  issued  a  summons for a violation of this section and shall pay a civil
    14  fine of twenty-five dollars.
    15    § 2. This act shall take effect on the ninetieth day  after  it  shall
    16  have become a law.
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