STATE OF NEW YORK
________________________________________________________________________
3890
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to prohibiting
motor vehicle stops for certain violations
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 1210-a to read as follows:
3 § 1210-a. Motor vehicle stops by a police officer. 1. For the purposes
4 of this section:
5 (a) "Primary violation" means a violation of a provision of law of
6 this chapter that does not constitute a secondary violation.
7 (b) "Secondary violation" means the following provisions:
8 (i) section four hundred one of this chapter, when the vehicle had
9 been previously registered within the state within sixty days of the
10 observed violation;
11 (ii) section 21.2 of title fifteen of the New York state codes, rules,
12 and regulations, where the violation is related to the location of the
13 permit but the permit is otherwise clearly displayed;
14 (iii) section four hundred two of this chapter, where the violation
15 pertains to a plate not securely fastened to the vehicle but such plate
16 is otherwise clearly displayed;
17 (iv) subdivision two of section three hundred seventy-five of this
18 chapter, where the violation for lighting equipment not illuminating is
19 limited to a single brake light, head light, or running light; a single
20 bulb in a larger light of the same; or any other single light or bulb of
21 a vehicle light;
22 (v) subdivision thirty of section three hundred seventy-five of this
23 chapter;
24 (vi) subdivision forty-eight of section three hundred seventy-five of
25 this chapter; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07185-01-3
A. 3890 2
1 (vii) section three hundred one of this chapter or section 174.3 of
2 title fifteen of the New York state codes, rules, and regulations.
3 2. A police officer or law enforcement officer may initiate a motor
4 vehicle stop and, at their discretion, cite a driver for a violation of
5 a primary violation without observing any other violation of the laws of
6 this chapter.
7 3. A police officer or other law enforcement officer may initiate a
8 motor vehicle stop for a secondary violation observed only where there
9 is a simultaneously-observed primary violation for which an officer, at
10 their discretion, could issue a citation.
11 § 2. This act shall take effect immediately.
