Relates to the secondary enforcement of certain motor vehicle equipment violations; prohibits enforcement of such violations in absence of reasonable cause to believe the operator of such motor vehicle has violated another provision of law.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7599
SPONSOR: Darling TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to the second-
ary enforcement of certain motor vehicle equipment violations
PURPOSE OR GENERAL IDEA OF BILL:
To provide for the secondary enforcement of laws relating to certain
equipment violations on motor vehicles.
SUMMARY OF PROVISIONS:
Section one amends subparagraph (i) of paragraph (b) of subdivision 1 of
section 375 of the vehicle and traffic law to provide that a summons for
operating a motor vehicle in violation of the prohibition on the use or
placing of posters or stickers on motor vehicle windshields or rear
windows other than those authorized by the Commissioner of Motor Vehi-
cles could only be issued when there is reasonable cause to believe that
the motor vehicle operator has committed a violation of the laws of this
state, other than a violation of this provision. Section two amends
subdivision 30 of section 375 of the vehicle and traffic law to provide
that a summons for operating a motor vehicle with any object placed or
hung in or upon the vehicle, except required or permitted equipment of
the vehicle, in such a manner that obstructs or interferes with the view
of the operator could only be issued when there is reasonable cause to
believe that the motor vehicle operator has committed a violation of the
laws of this state, other than a violation of this provision. Section
three provides the effective date.
JUSTIFICATION:
One of the most common interactions that people have with law enforce-
ment occurs during traffic stops. Often, however, there is a disparity
in who is being stopped, especially for minor violations. According to
2020 research published by The Stanford Open Policing Project, of a
dataset of nearly 100 million traffic stops carried out across the
United States, black drivers were about 20 percent more likely to be
stopped than white drivers relative to their share of the residential
population. The study also found that once stopped, black drivers were
searched about 1.5 to 2 times as often as white drivers. As has been
painfully demonstrated over the past few years in the news, these stops
for minor violations have led to motorists dying at the hands of the
police. This bill is intended to reduce the number of traffic stops for
minor, non-moving violations such as stickers on vehicle windows and
objects placed or suspended in or on the vehicle, thereby reducing the
possibility of a tragic outcome from such traffic stops.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
