Pursuant to Article IX, § 2(c)(10), of the New York Constitution, governing protection, health, safety, and well-being of persons, no person shall purchase, sell, offer for sale, possess or use a MIRT while operating a motor vehicle on any public street or public highway within the County of Suffolk. The presence in such vehicle of a MIRT in an operable condition and readily accessible to the operator or to any passenger is presumptive evidence of possession and use by any person operating such vehicle. Such presumption shall be rebutted by any credible and reliable evidence which tends to show that such MIRT was not in use or by evidence that such MIRT was held in a part of the motor vehicle inaccessible to the operator or to any passenger.
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