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History
- Referred to commerce, economic development and small business
- Referred to commerce, economic development and small business
Full text
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Sponsor's memo
BILL NUMBER:S100
Purpose or general idea of bill
To provide for the primary enforcement of, and make technical clarifications to, the law governing portable electronic device use while driving.
Summary of specific provisions
Section 1 Amends Section 1225-d (2) (b) of the Vehicle and Traffic Law. Clarifies the provisions relating to the use of portable electronic devices while operating a motor vehicle, and removes a provision requiring a summons for operating a motor vehicle in violation of this law to be issued only when there is reasonable cause to believe that the person operating such motor vehicle had committed a violation of the laws of the State other than a violation of said section.
Section 2 Amends 1225-d(4) of the Vehicle and Traffic Law. States that the presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not using the device within the meaning of this section.
Section 3 Amends Section 1225-d (6) of the Vehicle and Traffic Law. Establishes that a violation of this section shall be a traffic infraction punishable by a fine not more that $150.00.
Section 4 Effective Date
Justification
Section 1225-d of the Vehicle and Traffic Law prohibits drivers of motor vehicles from using portable electronic devices to engage in certain activities while the motor vehicles they are operating are in motion. As currently enacted, section 1225-d provides for "secondary" (enforcement, whereby tickets for violations could only be issued if motorists had violated another law of the State and law enforcement officers had reasonable cause to so believe. By eliminating the statutory language restricting the issuance of summonses to instances where other laws were violated, police officers could now issue a ticket when they observe a violation of Section 1225-d.
Prior legislative history
2010 S.6810 - Referred to Transportation/A.9229 - Referred to Transportation
2009 A.9229 - Referred to Transportation
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.