|SAME AS||SAME AS S01777|
|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.|
|01/20/2017||referred to transportation|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2669 SPONSOR: DenDekker
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to restricting the use of an electronic device while crossing the crosswalk   PURPOSE OR GENERAL IDEA OF BILL: This bill will make it illegal to engage in the use of any "electronic device" in immediate proximity of a person while at crosswalks.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 will be amended by adding a new section § 1158, which prohib- its the use of electronic devices in crosswalks. Under this section, the term "electronic device" shall mean any type of instrument, device or equipment which is designed to transmit and/or receive telephonic, elec- tric digital signals and access service as well as any type of instru- ment designed to have sound and/or image recording or capturing capabil- ities including, but not limited to, mobile telephones, portable media players and wireless handheld devices provided that the term shall exempt the use of hands free headsets or calling devices.   JUSTIFICATION: With the growing dependency in technology based means of communication, distractions directly linked to electronic devices have skyrocketed as more and more become engrossed in what they're doing and forget that a moving vehicle is on a collision course with them. The uses of such devices are not only unsafe for the people engaged in them, but are unsafe for drivers and for bystanders waiting to cross the street, Nationally, pedestrian fatalities account for about 12 percent of over- all traffic deaths, according to the Governors Highway Safety Associ- ation, with a rapid increase in 2010 after a four-year steady decline.   PRIOR LEGISLATIVE HISTORY: A4826 of 2014 A5434 of 2012   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
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STATE OF NEW YORK ________________________________________________________________________ 2669 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. LBD01204-01-7A. 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.