Relates to the use of portable electronic devices while driving; amends definitions relating thereto.

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S998A-2011 Actions

• Jan 4, 2012: REFERRED TO TRANSPORTATION
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• May 3, 2011: referred to transportation
• May 3, 2011: DELIVERED TO ASSEMBLY
• May 3, 2011: PASSED SENATE
• Apr 12, 2011: AMENDED ON THIRD READING (T) 998B
• Mar 3, 2011: ADVANCED TO THIRD READING
• Mar 2, 2011: 2ND REPORT CAL.
• Mar 1, 2011: 1ST REPORT CAL.129
• Feb 4, 2011: PRINT NUMBER 998A
• Feb 4, 2011: AMEND AND RECOMMIT TO TRANSPORTATION
• Jan 5, 2011: REFERRED TO TRANSPORTATION

S998A-2011 Meetings

Transportation: Mar 1, 2011

S998A-2011 Calendars

Floor Calendar: Mar 2, 2011 , Floor Calendar: Mar 3, 2011 , Floor Calendar: Mar 7, 2011 , Floor Calendar: Mar 8, 2011 , Floor Calendar: Mar 9, 2011 , Floor Calendar: Mar 10, 2011 , Floor Calendar: Mar 14, 2011 , Floor Calendar: Mar 15, 2011 , Floor Calendar: Mar 16, 2011 , Floor Calendar: Mar 21, 2011 , Floor Calendar: Mar 22, 2011 , Floor Calendar: Mar 23, 2011 , Floor Calendar: Mar 24, 2011 , Floor Calendar: Mar 28, 2011 , Floor Calendar: Mar 29, 2011 , Floor Calendar: Mar 30, 2011 , Floor Calendar: Mar 31, 2011 , Floor Calendar: Apr 4, 2011 , Floor Calendar: Apr 5, 2011 , Floor Calendar: Apr 6, 2011 , Floor Calendar: Apr 11, 2011 , Floor Calendar: Apr 12, 2011

S998A-2011 Votes

S998A-2011 Memo

BILL NUMBER:S998A

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the use of portable
electronic devices while driving

PURPOSE:
This legislation would make the texting while driving offense
a primary violation.

SUMMARY OF PROVISIONS:
Amends subdivisions 1 and 2 of section 1225-c
to clarify the definition of using a hand-held mobile device.

Amends subdivision 6 of section 1225-d of the vehicle and traffic law,
as added by chapter 403 of the laws of 2009 amending the vehicle and
traffic law to strike language that prevents texting while driving
from being a primary violation of the vehicle and traffic law.

JUSTIFICATION:
The explosion of the popularity of texting created a new
driver distraction that can lead to tragedy. Texting while driving
increases the chance of getting into an accident. A person simply
cannot drive attentively when searching for the needed letters or
symbols for texting.

According to studies done by AAA, any activity that takes a driver's
attention off the road for more than two seconds can double a
driver's risk of a crash. According to Zogby Poll, 66% of people
between 18-24 send text messages while behind the wheel. A Harris
Interactive poll found that 91 % of Americans think that driving
while texting is as dangerous as drunk driving. The seriousness of
this growing problem mandates that the texting and driving law be a
primary violation in New York State.

This legislation also clarifies the current law in reference to use of
a hand-held mobile device to assist law enforcement in enforcing the
provisions of this section.

LEGISLATIVE HISTORY:
Similar to S.6114-A of 2009/10

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S998A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   998--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sens.  MARCELLINO,  FUSCHILLO,  GOLDEN, JOHNSON, LARKIN,
    LAVALLE, MAZIARZ, RANZENHOFER,  VALESKY  --  read  twice  and  ordered
    printed,  and  when printed to be committed to the Committee on Trans-
    portation -- committee discharged, bill amended, ordered reprinted  as
    amended and recommitted to said committee

  AN  ACT  to amend the vehicle and traffic law, in relation to the use of
    portable electronic devices while driving

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Subdivisions 1 and 2 of section 1225-c of the vehicle and
  traffic law, as added by chapter 69 of the laws of 2001, are amended  to
  read as follows:

    1. For purposes of this section, the following terms shall mean:

    (a)  "Mobile  telephone" shall mean the device used by subscribers and
  other users of wireless telephone service to access such service.
    (b) "Wireless telephone service" shall mean two-way  real  time  voice
  telecommunications  service  that is interconnected to a public switched
  telephone network and is provided by a commercial mobile radio  service,
  as such term is defined by 47 C.F.R. S 20.3.
    (c) ["Using" shall mean holding a mobile telephone to, or in the imme-
  diate proximity of, the user's ear.
    (d)]  "Hand-held  mobile telephone" shall mean a mobile telephone with
  which a user engages in a call using at least one hand.
    [(e)] (D) "Hands-free mobile telephone" shall mean a mobile  telephone
  that  has  an  internal feature or function, or that is equipped with an
  attachment or addition, whether or not permanently part of  such  mobile
  telephone,  by  which a user engages in a call without the use of either
  hand[, whether or not the use of either hand is necessary  to  activate,
  deactivate or initiate a function of such telephone.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04426-02-1

 S. 998--A                           2

    (f) "Engage in a call" shall mean talking into or listening on a hand-
  held  mobile telephone, but shall not include holding a mobile telephone
  to activate, deactivate or initiate a function of such telephone.
    (g)  "Immediate  proximity"  shall  mean  that distance as permits the
  operator of a mobile telephone to  hear  telecommunications  transmitted
  over  such mobile telephone, but shall not require physical contact with
  such operator's ear].
    2. (a) Except as otherwise provided in this section, no  person  shall
  operate  a  motor  vehicle  upon  a public highway [while using a mobile
  telephone to engage in a call]  TALKING  INTO,  LISTENING  TO,  DIALING,
  ACTIVATING,  DEACTIVATING  OR  INITIATING  ANY  FUNCTION  OF A HAND-HELD
  MOBILE PHONE while such vehicle is in motion.
    (b) [An operator of a motor vehicle who holds a mobile  telephone  to,
  or in the immediate proximity of his or her ear while such vehicle is in
  motion  is  presumed to be engaging in a call within the meaning of this
  section. The presumption established by this subdivision  is  rebuttable
  by evidence tending to show that the operator was not engaged in a call.
    (c)]  The provisions of this section shall not be construed as author-
  izing the seizure or forfeiture of a mobile telephone, unless  otherwise
  provided by law.
    S  2.  Subdivision 6 of section 1225-d of the vehicle and traffic law,
  as added by chapter 403 of the laws of  2009,  is  amended  to  read  as
  follows:

    6. A violation of this section shall be a traffic infraction and shall
  be  punishable  by  a  fine  of not more than one hundred fifty dollars.
  [Provided, however, that a summons for  operating  a  motor  vehicle  in
  violation  of this section shall only be issued when there is reasonable
  cause to believe that  the  person  operating  such  motor  vehicle  has
  committed  a  violation of the laws of this state other than a violation
  of this section.]
    S 3. This act shall take effect immediately.