What's happening
This bill prohibits the use of electronic devices by pedestrians while crossing crosswalks, with violators subject to a $25 fine.
Why it matters
Aims to reduce pedestrian accidents. by discouraging distractions from phones or other devices while crossing streets, potentially improving safety for both walkers and drivers.
Defines “electronic device” and “use” very broadly. , meaning not only calls and texting, but also listening, recording, and most handheld use are covered—though hands-free headsets are exempted.
Enforcement relies on observable behavior. , with a presumption of violation if a device is held near the ear or being typed on, but allows individuals to argue they weren’t actually using the device.
Limits police authority over personal property. by forbidding device seizure for this violation and makes the penalty a low-level civil fine, not a criminal charge—impacting how aggressively this law might be enforced and its consequences for violators.
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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 Assembly Committee · Transportation · Sponsor Michael DenDekker
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1777
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. 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 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
S. 1777 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.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to restricting the use of an electronic device while crossing the crosswalk
Purpose or general idea of bill
This bill will make it illegal to engage in the use of any "electronic device" in immediate proximity of a person while at crosswalks.
Summary of provisions
Section 1 will be amended by adding a new section § 1158, which prohibits the use of electronic devices in crosswalks. Under this section, 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.
Justification
With the growing dependency in technology based means of communication, distractions directly linked to electronic devices have skyrocketed as more and more become engrossed in what they're doing and forget that a moving vehicle is on a collision course with them. The uses of such devices are not only unsafe for the people engaged in them, but are unsafe for drivers and for bystanders waiting to cross the street, Nationally, pedestrian fatalities account for about 12 percent of overall traffic deaths, according to the Governors Highway Safety Association, with a rapid increase in 2010 after a four-year steady decline.
Prior legislative history
2015-16: S.6533/A.4146 2013-14: A.4826 2012-11: A.5434
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.