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S3249Senate2017-2018 SessionSame asA278

Ban Signal-Changing Devices

Official title

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

Sponsor William J. Larkin Jr.SD-39+1 co-sponsorAffects Transportation
Status
In Assembly Committee
Transportation
Impact
4/10
Low
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Transportation

What's happening

This bill prohibits operating vehicles equipped with devices that interfere with traffic signals, imposing fines and criminal penalties for violations.

Why it matters

  1. Targets a new and emerging safety risk. The bill addresses the growing availability of devices that can manipulate traffic signals, which could be misused by non-emergency drivers to bypass red lights or otherwise disrupt traffic flow.

  2. Presumes operator responsibility. If such a device is found in an operable state within a vehicle, the law presumes the driver knows about it—potentially making it easier for law enforcement to prosecute violations unless the driver can credibly prove otherwise.

  3. Graduated penalties based on harm. The proposed law distinguishes between simply possessing/using the device, using it to interfere with signals, and causing injury or death as a result—imposing escalating penalties culminating in felony charges for the most severe outcomes.

  4. Exempts legitimate uses. The bill creates specific carve-outs for emergency vehicles, public transportation, and maintenance personnel, ensuring necessary and authorized traffic-signal overrides remain legal for public safety and infrastructure purposes.

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Who cares

Headline styles

Ban Signal-Changing Devices

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
William J. Larkin Jr.

Senator · Senate District 39

1 Co-sponsor

History

  1. Referred to transportation
  2. Delivered to assembly
  3. Passed senateVote 62–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.760
  7. Referred to transportation
  8. Returned to senate
  9. Died in assembly
  10. Referred to transportation
  11. Delivered to assembly
  12. Passed senateVote 58–0
Show 4 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.470
  4. 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.

A278Assembly

Ban Traffic Signal Tampering Devices

In Assembly Committee · Transportation · Sponsor Aileen Gunther

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

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 Assembly, do enact as follows:

Section 1. The vehicle and traffic law is amended by adding a new section 397-c to read as follows:

§ 397-c. Interference with a traffic-control signal. 1. No person shall operate any motor vehicle, except an authorized emergency vehicle or authorized public transportation vehicle, which he or she knows is equipped with a device capable of affecting the operation of any traffic-control signal. The presence in a motor vehicle of such a device connected to a power source and in an operable condition is presumptive evidence of the operator's knowledge of the device. Such presumption shall be rebutted by any creditable evidence which tends to show that the operator of the motor vehicle was not aware of the presence of such device.

2. The provisions of this section shall not apply to any person using such a device while engaged in the authorized maintenance or repair of a traffic-control signal.

3. A violation of subdivision one of this section shall constitute a traffic infraction punishable by a fine of not less than one hundred dollars nor more than three hundred dollars.

4. A violation of subdivision one of this section while using such a device to affect the operation of a traffic-control signal shall constitute a class A misdemeanor.

5. A violation of subdivision one of this section while using such a 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

causes personal injury or death as a result of its effect on a trafficcontrol signal shall constitute a class E felony.

§ 2. This act shall take effect on the first of November next succeeding the date on which 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 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 driver's 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

2015-2016: S.2203-PASSED SENATE 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 PASSED SENATE 2007-08: A7091 referred to Transportation/S1348 PASSED SENATE (2007) 2005-06: S281 PASSED SENATE (2005)/No Same As 2003-04: S4468 PASSED SENATE/No Same As

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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.