BEEK. In B-lo, the "cyclist" (which are really "small vehicle sensors") are the same electromagnet principle, its just put on an angle and there are two of them closer together.
MEEST. I agree with you except all of my criminal justicing has taught me this. You need not prove what you were doing was right, you need to prove what you were doing wasn't wrong as well. If you somehow utilized a magnetic device that induced a current that was stronger than the trip switch and:
A. was strong enough to confuse the system that when an emergency vehicle was approaching its device wasn't recognized and yours was.
or
B. You caused an accident in general and these said magnets were found on your vehicle.
I believe I could easily cite and win a case against you under article 1212 of the NYS Vehicle and Traffic code which states:
§ 1212. Reckless driving. Reckless driving shall mean driving or using
any motor vehicle, motorcycle or any other vehicle propelled by any
power other than muscular power or any appliance or accessory thereof in
a manner which unreasonably interferes with the free and proper use of
the public highway, or unreasonably endangers users of the public
highway. Reckless driving is prohibited. Every person violating this
provision shall be guilty of a misdemeanor.
Supplemented with this from Article 10.00 of the NYS Penal Code:
14. "Vehicle" means a "motor vehicle", "trailer" or "semi-trailer," as
defined in the vehicle and traffic law, any snowmobile as defined in the
parks and recreation law, any aircraft, or any vessel equipped for
propulsion by mechanical means or by sail.
Take note the ambiguity provided in this law. What can be defined as unreasonable? The answer that we (my CJ class and the Lawyer/Police Officer professor) came to conclude that for our purposes it could generally be interpreted as a majority/minority argument, meaning would more than 50% of the population have this device or magnet affixed to their vehicle? Again though, laws (at least in NY but I believe its safe to say in this country) are left to be very open to interpretation (which I think is great as it gives it more flexibility) but it does leave an interesting debate.
I could also argue for Article 240.20 section 5 of the NYS penal code:
§ 240.20 Disorderly conduct.
A person is guilty of disorderly conduct when, with intent to cause
public inconvenience, annoyance or alarm, or recklessly creating a risk
thereof:
1. He engages in fighting or in violent, tumultuous or threatening
behavior; or
2. He makes unreasonable noise; or
3. In a public place, he uses abusive or obscene language, or makes an
obscene gesture; or
4. Without lawful authority, he disturbs any lawful assembly or
meeting of persons; or
5. He obstructs vehicular or pedestrian traffic; or
6. He congregates with other persons in a public place and refuses to
comply with a lawful order of the police to disperse; or
7. He creates a hazardous or physically offensive condition by any act
which serves no legitimate purpose.
Disorderly conduct is a violation.
As well as:
§ 240.45 Criminal nuisance in the second degree.
A person is guilty of criminal nuisance in the second degree when:
1. By conduct either unlawful in itself or unreasonable under all the
circumstances, he knowingly or recklessly creates or maintains a
condition which endangers the safety or health of a considerable number
of persons; or
2. He knowingly conducts or maintains any premises, place or resort
where persons gather for purposes of engaging in unlawful conduct.
Criminal nuisance in the second degree is a class B misdemeanor.
And lastly in case I didn't make my point, I think this one will cover it all.
§ 1115. Interference with official traffic-control devices, railroad
signs or signals and other highway appurtenances. (a) No person shall
without lawful authority attempt to or in fact alter, deface, injure,
knock down, cover, remove, or otherwise interfere with any official
traffic-control device or any railroad sign or signal, or any
inscription, shield, or insignia thereon, or any other part thereof; any
bridge or similar structure; any monument, lamppost, telephone pole,
fence, walk, curb, tree, rock cut or other appurtenance on a highway
right of way.
(b) For the purposes of this section, to 'deface' shall include, but
not be limited to, to damage, destroy, disfigure, erase, ruin, distort,
spoil or otherwise change the external appearance of an object by the
use of chalk, crayon, paint, stain, ink or other similar material.
In all of these examples, the best I've got you for is a Class B misdemeanor, which is only 3 months in jail (plus fines... its NYS) but if there was a traffic accident, there are PLENTY more charges that could be filed.
All of this info is available at my apt. OR Here:
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWSFor the record, I'm not trying to be a dick.