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

                                          948

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 5, 2011
                                      ___________

       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Transportation

       AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
         the  use  of mobile telephones by operators of motor vehicles who hold
         learner's permits

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

    1    Section  1. Subdivision 3 of section 1225-c of the vehicle and traffic
    2  law, as added by chapter 69 of the laws of 2001, is amended to  read  as
    3  follows:
    4    3. Subdivision two of this section shall not apply to (a) the use of a
    5  mobile  telephone  for the sole purpose of communicating with any of the
    6  following regarding an emergency situation: an emergency response opera-
    7  tor; a hospital, physician's  office  or  health  clinic;  an  ambulance
    8  company  or  corps;  a fire department, district or company; or a police
    9  department, (b) any of the following persons while in the performance of
   10  their official duties: a police officer or peace officer; a member of  a
   11  fire  department,  district or company; or the operator of an authorized
   12  emergency vehicle as defined in section one hundred one of this chapter,
   13  or (c) the use of a hands-free mobile telephone, PROVIDED, HOWEVER, THAT
   14  THE USE OF A HANDS-FREE MOBILE TELEPHONE  SHALL  BE  PROHIBITED  FOR  AN
   15  OPERATOR OF A MOTOR VEHICLE WHO IS A HOLDER OF A LEARNER'S PERMIT.
   16    S  2.  This  act  shall take effect on the sixtieth day after it shall
   17  have become a law.



        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04410-01-1