What's happening
This bill prohibits pedestrians from using electronic devices while crossing a crosswalk and imposes a $25 fine for violations.
Why it matters
Targets distracted walking. By making it illegal to use electronic devices while crossing a street, the bill aims to reduce pedestrian injuries and fatalities caused by inattentiveness in crosswalks.
Defines key terms broadly. The law applies to a wide variety of devices—phones, media players, and wireless handheld devices—but excludes hands-free headset use, potentially affecting many common behaviors.
Enforcement and evidence. The bill creates a presumption that holding or typing on a device means you're "using" it, but allows individuals to present evidence to prove otherwise, which may impact how tickets are contested.
Limits on police authority. The legislation explicitly states that violation does not allow law enforcement to seize or forfeit a pedestrian’s device, addressing potential concerns over privacy and property rights.
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Who cares
Headline styles
Ban Phones in Crosswalks
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Phones in Crosswalks
In Senate Committee · Transportation · Sponsor Tony Avella
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2669
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by M. of A. DenDEKKER -- read once and referred 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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The vehicle and traffic law is amended by adding a new section 1158 to read as follows:
§ 1158. Use of electronic devices in crosswalks prohibited. (a) For the purposes of this section:
(1) The term "electronic device" shall mean any type of instrument, device or equipment which is designed to transmit and/or receive telephonic, electric digital signals and access service as well as any type of instrument designed to have sound and/or image recording or capturing capabilities including, but not limited to, mobile telephones, portable media players and wireless handheld devices provided that the term shall exempt the use of hands free headsets or calling devices.
(2) The term "engaging in the use" shall mean holding an electronic device to, or in the immediate proximity of, the person's ear, talking or listening with such electronic device or texting and/or receiving a message with such electronic device.
(3) The term "immediate proximity" shall mean that distance as permits the user of an electronic device to hear or use any transmission over such electronic device but shall not require physical contact with such person's ear.
(4) The term "crosswalk" shall mean that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway between the curbs or, in the absence of curbs, between the edges of the traversable roadway or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01204-01-7
A. 2669 2
(b) No person shall enter and cross a crosswalk while engaging in the use of an electronic device.
(c) A person with an electronic device who holds such device to, or in the immediate proximity of his or her ear or who types into the device, is presumed to be engaging in the use of such device within the meaning of this section. The presumption established by this subdivision is rebuttable by evidence tending to show that the user was not engaged in such use.
(d) The provisions of this section shall not be construed as authorizing the seizure or forfeiture of an electronic device, unless otherwise provided by law.
(e) A person who violates subdivision (b) of this section shall be issued a summons for a violation of this section and shall pay a civil fine of twenty-five dollars.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.