Restricts the use of an electronic device while crossing a crosswalk in a city with a population of one million or more; provides for a person in violation to be issued a summons and pay a civil fine of one hundred dollars.
STATE OF NEW YORK
________________________________________________________________________
1945
2011-2012 Regular Sessions
IN SENATE
January 14, 2011
___________
Introduced by Sen. KRUGER -- 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 restricting
the use of an electronic device while crossing the crosswalk in a city
with a population of one million or more
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 in a city
4 with a population of one million or more. (a) For the purposes of this
5 section:
6 (1) The term "electronic device" shall mean any type of instrument,
7 device or equipment which is designed to transmit and/or receive tele-
8 phonic, electric digital signals and access service as well as any type
9 of instrument designed to have sound and/or image recording or capturing
10 capabilities including, but not limited to, mobile telephones, portable
11 media players and wireless handheld 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07084-01-1
S. 1945 2
1 portion of a roadway at an intersection or elsewhere distinctly indi-
2 cated for pedestrian crossing by lines or other markings on the surface.
3 (b) No person shall enter and cross a crosswalk in a city with a popu-
4 lation of one million or more while engaging in the use of an electronic
5 device.
6 (c) A person with an electronic device who holds such device to, or in
7 the immediate proximity of his or her ear or who types into the device,
8 is presumed to be engaging in the use of such device within the meaning
9 of this section. The presumption established by this subdivision is
10 rebuttable by evidence tending to show that the user was not engaged in
11 such use.
12 (d) The provisions of this section shall not be construed as authoriz-
13 ing the seizure or forfeiture of an electronic device, unless otherwise
14 provided by law.
15 (e) A person who violates subdivision (b) of this section shall be
16 issued a summons for a violation of this section and shall pay a civil
17 fine of one hundred dollars.
18 § 2. This act shall take effect on the ninetieth day after it shall
19 have become a law.
