Prohibits operation of any motor vehicle equipped with device which affects the operation of traffic-control signals

1 Co-sponsor

• Tony Avella

BILL NUMBER:S2203

Title of bill

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

Purpose

To prohibit the operation of any vehicle, except an emergency vehicle, that is equipped with a device which affects the operation of a traffic control signal.

Summary of provisions

Section 1 of the bill adds a new section 397-c to the vehicle and traffic law to make it illegal for a person to operate a vehicle which he or she knows is equipped with a device capable of affecting the operation of any traffic-control signal. The bill also provides exceptions where the operator can show by credible evidence that he or she was not aware of the presence of the device or if the person using such a device is engaged in the authorized maintenance or repair of a traffic-control signal. Possession of the device shall constitute a traffic infraction. If the operator is using the device to affect the operation of a traffic control signal, it shall constitute a class A misdemeanor. If the unauthorized use of such a device causes personal injury or death, then it shall constitute a class E felony.

In addition, operators of authorized emergency vehicles and public transportation vehicles are exempt from this section.

Existing law

None exists.

Justification

There are people willing to pay as much as $1,000 for a device that allows them to change a red light to green right from their drivers seat as if they were law enforcement officers on call.

The purpose of the existence of such devices is for emergency access and not for the convenience for someone who wants to get home earlier from work or to dodge traffic. These devices exist and are currently in use by non emergency personnel. Public safety dictates the need to make the use of such devices illegal by persons other than authorized emergency personnel. Such devices flaunt public safety concerns and could cause serious personal injury or death on New York roadways.

Legislative history

2013-14: A1269 referred to Transportation/S3994 Passed Senate 2011-12: A10245 referred to Transportation/S1208 Passed Senate 2009-10: A2791B referred to Transportation/S1807C 2007-08: A7091 referred to Transportation/S1348 Passed Senate 2007 & referred to Transportation 2008 2005-06: 5281 Passed Senate 2005 & referred to Transportation 2006 2003-04: S4468 Passed Senate 2003 and 2004

Fiscal implications

None.

Effective date

This act takes effect on the first of November next succeeding the date on which it shall have become a law.