•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video 

A02669 Summary:

BILL NOA02669
 
SAME ASSAME AS S01777
 
SPONSORDenDekker
 
COSPNSR
 
MLTSPNSR
 
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.
Go to top    

A02669 Actions:

BILL NOA02669
 
01/20/2017referred to transportation
Go to top

A02669 Memo:

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.
Go to top

A02669 Text:



 
                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.
                                                                   LBD01204-01-7

        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.
Go to top