Prohibits the operation of any motor vehicle equipped with a device which affects the operation of traffic-control signals; provides that the possession of such a device shall constitute a traffic infraction, use thereof is a class A misdemeanor, and use which results in personal injury or death shall constitute a class E felony.
STATE OF NEW YORK
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3249
2017-2018 Regular Sessions
IN SENATE
January 20, 2017
___________
Introduced by Sens. LARKIN, AVELLA -- 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 prohibiting
the use of any device which affects the operation of a traffic-control
signal
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 397-c to read as follows:
3 § 397-c. Interference with a traffic-control signal. 1. No person
4 shall operate any motor vehicle, except an authorized emergency vehicle
5 or authorized public transportation vehicle, which he or she knows is
6 equipped with a device capable of affecting the operation of any traff-
7 ic-control signal. The presence in a motor vehicle of such a device
8 connected to a power source and in an operable condition is presumptive
9 evidence of the operator's knowledge of the device. Such presumption
10 shall be rebutted by any creditable evidence which tends to show that
11 the operator of the motor vehicle was not aware of the presence of such
12 device.
13 2. The provisions of this section shall not apply to any person using
14 such a device while engaged in the authorized maintenance or repair of a
15 traffic-control signal.
16 3. A violation of subdivision one of this section shall constitute a
17 traffic infraction punishable by a fine of not less than one hundred
18 dollars nor more than three hundred dollars.
19 4. A violation of subdivision one of this section while using such a
20 device to affect the operation of a traffic-control signal shall consti-
21 tute a class A misdemeanor.
22 5. A violation of subdivision one of this section while using such a
23 device to affect the operation of a traffic-control signal and such use
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02737-01-7
S. 3249 2
1 causes personal injury or death as a result of its effect on a traffic-
2 control signal shall constitute a class E felony.
3 § 2. This act shall take effect on the first of November next succeed-
4 ing the date on which it shall have become a law.
