Saturday, February 24, 2007

The Urge to Ban Takes the State Senate by Storm

In the latest installment of absolutely stupid laws that make a person laugh hysterically until he/she realizes that these legislators are serious, a bill was introduced into the New York State Senate that, according to the title, will prohibit "the use or sale of hubcaps which contain parts designed to continue moving when the motor vehicle to which they are attached is not moving." In other words, spinning hubcaps will be banned in the State of New York should this bill come into law.

One more for the pile of garbage generated by representatives that somehow have nothing better to do.

The justification as stated in the Sponsors Memo is as follows:
JUSTIFICATION: This legislation is intended to prevent automobile
accidents caused by hubcaps that are designed to deceive other motorists
into believing the vehicle is moving, or traveling at a rate of speed
different than the actual speed of the vehicle. While the design and use
of devices known, as "spinners" is benign, the use of these devices on
public roads can cause accidents resulting in serious injury or death.
The sole purpose and design of spinners are to provide the illusion of
movement of the vehicle's wheels and to thereby deceive persons into
believing the vehicle is moving at a rate of speed greater than the
actual speed of the vehicle, including when the vehicle is stopped.
Unfortunately, this otherwise innocent deception can result in other
motorists misjudging the rate of speed of the vehicle equipped with
"spinners", and can result in the other motorist taking actions based on
the perceived but misleading speed of the other vehicle.

(The entire text of the bill can be found here. Just type in the bill's number "S1640" to search and then check all boxes after you search to bring up all sections of the bill.)

First, where are the statistics showing accidents caused by spinning hubcaps?

Second, if this is such a serious concern, then why are the punishments limited to fines? Persistent dangers to the road should eventually be given a tour of their local prisons, right?

Third, how would authorities find the shops providing these hubcaps and how will they determine how many such hubcaps were sold (as the fine is $150 for each hubcap sold)?

Fourth, wouldn't the shops or individuals selling the hubcaps be accomplices to the dangers and should also be treated to an all-expense paid vacation to their nearest prison eventually?

Fifth and last, isn't the fact that the driver paid for these silly hubcaps and that they look incredibly ridiculous punishment enough? For God's sake, you can't even see the flashy new toys from the driver's seat unless you play tricks with the side mirrors.

This bill carries the name of Senator John D. Sabini (D-13th Senate District, Queens) given his status as the ranking minority member of the Committee on Transportation, to which the bill was referred. However, as the text of the bill says, there are additional sponsors of the bill:
Introduced by Sens. SABINI, CONNOR, DIAZ, DILAN, DUANE, GONZALEZ, SAMP-
SON -- read twice and ordered printed, and when printed to be commit-
ted to the Committee on Transportation


Not to be undone, bill S1643, seeks to ban not just parts of motorized scooters, but the entire scooter itself.
TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to prohibiting the sale of motorized scooters


PURPOSE: To prohibit the sale of motorized scooters in an effort to
protect consumers and residents of New York from the dangers associated
with operation of motorized scooters.


SUMMARY OF PROVISIONS: Defines motorized scooter: the term "motorized
scooter" shall mean a device with a narrow board having a set of two or
more wheels mounted under it, with or without handlebars, designed to be
stood or sat upon by the operator and is powered by an attached motor,
either with a gasoline engine or electric engine that is capable of
propelling the device without human propulsion.

Prohibits the sale of motorized scooters. Authorizes the police to seize
and detain motorized scooters.


The actual text of the bill stipulates that the sale of a motorized scooter will be a Class A misdemeanor.

If the bill itself did not generate enough laughs and/or fears, the justification will grant even more:
JUSTIFICATION: Currently it is illegal to operate gas powered skate-
boards on public sidewalks, streets or highways in New York State,
because they are incapable of being registered with the department of
motor vehicles.


So because gas powered skateboards are illegal, therefore motorized scooters must be as well. Of course, the difference between a gas powered skateboard and a motorized scooter (of any type, as stated in the bill) is not explained. If there is no difference, then why is this bill even being introduced? If there is a difference that requires another bill, then why would motorized scooters need to be banned? Apparently, nobody was able to take ten minutes out of his/her life to write that into the bill and explain the pressing public need to ban motorized scooters or why such scooters (or those of a certain type, such as those with seats and handles) could not be registered with the DMV. Whatever the outcome, this bill is extremely vague (even in the actual text of the bill, searchable as S1640 was) and is out and out a bad bill.

There is absolutely no need for these bills to become law. If it happens, these will merely be some of the those crazy laws that bites someone badly when a person finally enforces those laws. It will then be the basis of a quick debate or a soft news story before it vanishes into the forgotten depths of state laws once more. And this comes after Senator Carl Kruger (D-27th Senate District, Brooklyn) set the early standard with his proposal to ban the use of iPods, other music players, and cell phones while crossing the street.

Surely, state senators could find a few more important issues to contemplate in the entire state. Then again, given that it is the New York State Legislature, silly bills like these could distract the lawmakers before they do real damage.

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