NYSenate.gov: Senators |  Committees |  Issues & Initiatives |  Newsroom

Beta Feedback  |  Mobile Access  |  Developers

Same as: A8568B Versions: S3619A, S3619

Print Page / / Read or Leave Comments

S3619A Actions

S3619A - AMENDED ON THIRD READING (T) 3619A - Jul 9, 2009
S3619 - ADVANCED TO THIRD READING - Jun 4, 2009
S3619 - 2ND REPORT CAL. - Jun 3, 2009
S3619 - 1ST REPORT CAL.569 - Jun 2, 2009
S3619 - REPORTED AND COMMITTED TO CODES - Apr 21, 2009
S3619 - REFERRED TO TRANSPORTATION - Mar 25, 2009

S3619A Calendars

Same As: A8568B Votes

S3619A Memo

BILL NUMBER: S3619A

TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to the graduated licensing program; to repeal section 503-a of such law relating thereto; and providing for the repeal of certain provisions upon expiration thereof

PURPOSE OF THE BILL : This bill would enhance highway safety by strengthening the Vehicle and Traffic Law ("VTL") graduated licensing program provisions for safety of junior drivers and their passengers and by limiting driver distraction and inattention by prohibiting the use of portable electronic devices while driving.

SUMMARY OF PROVISIONS :

Section 1 of the bill would amend VTL, ? 501(4) to eliminate the reference to limited class DJ and MJ licenses (which is a conforming amendment consistent with the repeal of VTL ? 503-a which authorizes such licenses). Holders of DJ and MJ class learner's permits who complete a road test can currently receive a limited class DJ or MJ license if such road test is taken less than 6 months after the permit was issued. A limited class DJ or MJ license permits persons over the age of sixteen, but under the age of eighteen, to operate passenger vehicles and trucks or motorcycles, respectively, and becomes a DJ or MJ license after six months.

Section 2 of the bill would amend VTL g 501-b(c) and (d) to reduce from two to one, the number of non-family passengers under the age of twenty-one who may be a passenger in a motor vehicle operated by the holder of a DJ or MJ learner's permit when not accompanied by a duly licensed parent, guardian, or person in a position of loco parents. The amendment to paragraph (d) would require that a DJ or MJ permit be held for at least six months before a DJ/MJ license is issued.

Section 3 of the bill would amend VTL ? 501-b(2) of the VTL to reduce, from two to one, the number of non-family passengers under the age of twenty-one who may be a passenger in a motor vehicle operated by the holder of a DJ or MJ license.

Section 4 of the bill would add a new ? VTL 1225-d to prohibit the use of portable electronic devices while operating a motor vehicle while in motion. A summons for operating a motor vehicle while using a portable electronic device shall only be issued when there is reasonable cause to believe that the person operating the motor vehicle has committed a separate violation of the law.

Section 5 of the bill would amend VTL ? 502(2)(d) to increase the number of supervised driving hours that an applicant's parent or guardian must certify (in writing) that the applicant for a DJ or MJ license has had (before the applicant may take a road test), from 20 to 50 hours, and also to require that at least 15 of those practice driving hours be after sunset.

Section 6 of the bill would repeal VTL ? 503-a which provides for the issuance of limited class DJ and MJ licenses.

Section 7 of the bill would amend VTL ? 509(3) to clarify that not only is a person prohibited from operating a motor vehicle in violation of restrictions that are contained on his/her driver's license, but in addition, a person is prohibited from operating a motor vehicle in violation of restrictions that are applicable to (as opposed to being set forth on) the permit or license.

Section 8 of the bill would make conforming amendments to VTL ? 510-b(1),(2) and (3) to eliminate references to limited class DJ and MJ licenses.

Section 9 of the bill would amend VTL ? 510-c to provide that certain licensing sanctions that result from certain violations committed while a person holds a DJ or MJ permit/license will be imposed against whatever permit or license the person holds at the time of conviction.

Section 10 of the bill would amend VTL ? 1229-c(3-a) to eliminate the reference to limited class DJ or MJ licenses.

Section 11 of the bill would allow the continuation of all local laws relating to the operation of a motor vehicle while using a portable electronic device enacted prior to June 10, 2009 but only until November 1, 2009, when the statewide law takes effect. Additionally, it would allow a locality to adopt such local law, ordinance or code after June 10, 2009 but with the same terms of

Section 1225-d.

Section 12 of the bill would preempt any local law, ordinance, code, rule or regulation relating to the use of portable electronic devices while operating a motor vehicle, but would not limit state or local agencies from imposing more stringent restrictions than provided in this act upon individuals whom they regulate while performing their duties.



Section 13 of the bill would direct the commissioner of motor vehicles, in consultation with the superintendent of the state police, to study the effects of the use of portable electronic devices in conjunction with the operation of a motor vehicle, including the effects of forms of inattention and distraction and impacts on highway safety.



Section 14 of the bill would provide that this act shall take effect immediately, except that

Sections 4 and 12 of this act shall take effect on November 1, 2009, and

Sections 1, 2, 3, 5, 6, 8, 9, and 10 of this act shall take effect on the one hundred eightieth day after it shall become law. Further,

Section 11 of this act shall expire on November 1, 2009.

EXISTING LAW : VTL ? 501(4), which provides that certain licenses shall be considered probationary, does not apply to limited class DJ and MJ licenses. VTL ? 501-b(1) and 501-b(2) provides that only two non-family passengers under twenty-one may be a passenger in a motor vehicle operated by the holder of a DJ or MJ learner's permit/license. There are currently no statewide restrictions regarding operation of a motor vehicle while using portable electronic devices. VTL ?502(2)(d) provides that before a class DJ or MJ or limited DJ or limited MJ license may be issued, an applicant must provide

at the time of a road test

a written certification from his/her parent or guardian certifying that the applicant has had 20 hours of supervised driving experience. There is no requirement that any of the 20 hours of supervised driving take place after sunset. VTL ?503-a provides for the issuance of limited class DJ and MJ licenses to holders of DJ or MJ learner's permits who pass a road test within the first six months of the permit's validity. VTL ?509(3) prohibits a person from operating a motor vehicle in violation of restrictions that are contained on his/her driver's license. VTL ? 510-b(1),(2) and (3) provide for the suspension and revocation of licenses for violations committed during a probationary period. VTL ?510-c provides that if a junior driver commits certain violations while holding a class DJ or MJ permit or a DJ or MJ license, and the violations are of a number or type that call for the imposition of a license sanction, such sanction may only be imposed against the DJ or MJ permit or license. VTL ? 1229-c(3-a) prohibits holders of DJ class learner's permits or limited class DJ or MJ licenses from operating a motor vehicle unless they and all passengers are wearing a seat belt and all passengers under the age of four are restrained in booster seats.

PRIOR LEGISLATIVE HISTORY : This is a new bill.

STATEMENT IN SUPPORT : According to a 2008 publication by the National Highway Transportation Safety Administration (NHTSA), a significant percentage of junior drivers are involved in traffic crashes and are twice as likely as adult drivers to be in a fatal crash. Sixteen-year old drivers have crash rates that are about three times greater than 17-year old drivers, five times greater than 18-year-old drivers, and approximately twice the rate of 85-year old drivers. Some of the factors contributing to these higher crash rates include lack of driving experience and inadequate driving skills; excessive driving during night-time; risk-taking behavior; poor driving judgment and decision making; and distractions from teenage passengers. NHTSA has encouraged states to implement a graduated licensing system (GDL) to ease young, inexperienced drivers onto the roadways, as an effective way of reducing the incidence of traffic crashes. Various national organizations (e.g., the American Association of Motor Vehicle Administrators (AAMVA), the American Automobile Association (AM), and the Insurance Institute for Highway Safety (IIHS)) and traffic safety researchers have also evaluated, recommended and recognized the benefits of GDL systems, which prolong the learning process and provide a more protective driving environment for the young novice drivers and their passengers. This legislation would significantly strengthen New York's GDL laws, bringing New York's program closer to the model GDL laws recommended by NHSTA in a number of important respects, and implementing additional enhancements as well. This bill would eliminate the limited DJ/MJ class license and require that DJ/MJ learner's permits must be held for at least six months before a DJ/MJ or D/M license may be issued. This will help ensure that before teens drive unsupervised they will have had at least six months of supervised driving experience. It will also simplify the current laws regarding junior drivers (who hold DJ/MJ licenses), making the laws more readily understandable by members of the public and law enforcement, and hence more easily enforced. The number of practice driving hours that must be certified by a parent or guardian would increase from the current 20-hour requirement, to 50 hours, 15 hours of which must take place after sunset. The number of non-family passengers under the age 21 who will be able to ride with a junior driver who is not accompanied by a specified supervising adult will be reduced from two to one. In addition, a technical correction will be made to the VTL provision that prohibits operating in violation of restrictions contained on a license so that the prohibition will apply to restrictions contained on, or applicable to, both licenses and permits. Although GDL programs have been recognized as an effective way to reduce the risks to young drivers, such programs vary from state to state, with some programs being more effective than others. A study by researchers from the Johns Hopkins Bloomberg School of Public Health's Center for Injury and Research and Policy and the Johns Hopkins School of Medicine published in 2006 found that more comprehensive GDL programs have the greatest effect in reducing the incidence of fatal crashes of 16 year old drivers. Studies have also shown that driving skills sharpen over time and that crash rates diminish dramatically during the first year of licensure. This bill would be an important step toward implementing New York's ongoing commitment to solving the tragic problem of fatal and personal injury crashes involving teenagers. Finally, the use of portable electronic devices, such as hand-held mobile telephones and personal digital assistants (PDAs), while operating a motor vehicle have become a distraction, and therefore a danger and threat to public safety. Crashes due to driver inattention or distraction are on the rise in the United States and they have resulted in more fatalities. The National Highway Traffic Safety Administration estimates that 25 percent of all police-reported crashes involve some form of driver inattention. This bill would help limit driver distraction and inattention by prohibiting any operator in the state from using any portable electronic device while driving, and in turn, enhancing highway safety.

BUDGET IMPLICATIONS : None.



EFFECTIVE DATE : This bill shall take effect immediately, except that

Sections 4 and 12 of this act shall take effect on November 1, 2009, and

Sections 1, 2, 3, 5, 6, 8, 9, and 10 of this act shall take effect on the one hundred eightieth day after it shall become law. Further,

Section 11 of this act shall expire on November 1, 2009. A limited use license issued prior to the effective date would remain valid until it expires.

S3619A Text

S T A T E O F N E W Y O R K
3619--A
Cal. No. 569 2009-2010 Regular Sessions I N SENATE March 25, 2009
Introduced by Sen. DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee and committed to the Committee on Codes -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the vehicle and traffic law, in relation to the gradu ated licensing program; to repeal section 503-a of such law relating thereto; and providing for the repeal of certain provisions upon expi ration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:


Section 1. Subdivision 4 of section 501 of the vehicle and traffic law, as amended by chapter 644 of the laws of 2002, is amended to read as follows:
4. Probationary licenses. Any driver's license, other than a class DJ and class MJ license [or limited class DJ and MJ license], shall be considered probationary until the expiration of six months following the date of issuance thereof, and thereafter as provided in section five hundred ten-b of this title, but this subdivision shall not apply to renewals of a license, or, unless so provided by the commissioner, to a license for which a road test has been waived by the commissioner.

S 2. Paragraphs (c) and (d) of subdivision 1 of section 501-b of the vehicle and traffic law, as added by chapter 644 of the laws of 2002, are amended to read as follows:
(c) operate a motor vehicle with more than [two passengers] ONE PASSENGER who [are] IS under the age of twenty-one and who [are] IS not [members] A MEMBER of such holder's immediate family, provided, however, that the provisions of this [subparagraph] PARAGRAPH shall not apply when such holder is accompanied by a duly licensed parent, guardian, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09379-10-9
S. 3619--A 2 person in a position of loco parentis, driver education teacher or driv ing school instructor; (d) be eligible for issuance of a class DJ [or], MJ, D OR M license unless such permit [and/or limited class DJ or MJ license issued pursu ant to section five hundred three-a of this article, singly or in combi nation, have] HAS been valid for at least six months. Any time period in which such class DJ or MJ learner's permit [or limited class DJ or MJ license] has been suspended or revoked shall not be counted in determin ing the length of time that such learner's permit [or limited license] has been valid.

S 3. Paragraph (b) of subdivision 2 of section 501-b of the vehicle and traffic law, as added by chapter 644 of the laws of 2002, is amended to read as follows:
(b) with more than [two passengers] ONE PASSENGER who [are] IS under the age of twenty-one and who [are] IS not [members] A MEMBER of such holder's immediate family, provided, however, that the provisions of this [subparagraph] PARAGRAPH shall not apply when such holder is accom panied by a duly licensed parent, guardian, person in a position of loco parentis, driver education teacher or driving school instructor.

S 4. The vehicle and traffic law is amended by adding a new section 1225-d to read as follows:


S 1225-D. USE OF PORTABLE ELECTRONIC DEVICES. 1. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, NO PERSON SHALL OPERATE A MOTOR VEHICLE WHILE USING ANY PORTABLE ELECTRONIC DEVICE WHILE SUCH VEHICLE IS IN MOTION. 2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "PORTABLE ELECTRONIC DEVICE" SHALL MEAN ANY HAND-HELD MOBILE TELE PHONE, AS DEFINED BY SUBDIVISION ONE OF SECTION TWELVE HUNDRED TWENTY-FIVE-C OF THIS ARTICLE, PERSONAL DIGITAL ASSISTANT (PDA), HANDHELD DEVICE WITH MOBILE DATA ACCESS, LAPTOP COMPUTER, PAGER, BROAD BAND PERSONAL COMMUNICATION DEVICE, TWO-WAY MESSAGING DEVICE, ELECTRONIC GAME, OR PORTABLE COMPUTING DEVICE. (B) "USING" SHALL MEAN HOLDING A PORTABLE ELECTRONIC DEVICE WHILE VIEWING, TAKING OR TRANSMITTING IMAGES, PLAYING GAMES, OR COMPOSING, SENDING, READING, VIEWING, ACCESSING, BROWSING, TRANSMITTING, SAVING OR RETRIEVING E-MAIL, TEXT MESSAGES, OR OTHER ELECTRONIC DATA. 3. SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO (A) THE USE OF A PORTABLE ELECTRONIC DEVICE FOR THE SOLE PURPOSE OF COMMUNICATING WITH ANY OF THE FOLLOWING REGARDING AN EMERGENCY SITUATION: AN EMERGENCY RESPONSE OPERATOR; A HOSPITAL; A PHYSICIAN'S OFFICE OR HEALTH CLINIC; AN AMBULANCE COMPANY OR CORPS; A FIRE DEPARTMENT, DISTRICT OR COMPANY; OR A POLICE DEPARTMENT, (B) ANY OF THE FOLLOWING PERSONS WHILE IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES: A POLICE OFFICER OR PEACE OFFICER; A MEMBER OF A FIRE DEPARTMENT, DISTRICT OR COMPANY; OR THE OPERATOR OF AN AUTHORIZED EMERGENCY VEHICLE AS DEFINED IN SECTION ONE HUNDRED ONE OF THIS CHAPTER. 4. A PERSON WHO HOLDS A PORTABLE ELECTRONIC DEVICE IN A CONSPICUOUS MANNER WHILE OPERATING A MOTOR VEHICLE IS PRESUMED TO BE USING SUCH DEVICE. THE PRESUMPTION ESTABLISHED BY THIS SUBDIVISION IS REBUTTABLE BY EVIDENCE SHOWING THAT THE OPERATOR WAS NOT USING THE DEVICE WITHIN THE MEANING OF THIS SECTION. 5. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED AS AUTHORIZ ING THE SEIZURE OR FORFEITURE OF A PORTABLE ELECTRONIC DEVICE, UNLESS OTHERWISE PROVIDED BY LAW. 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. S. 3619--A 3 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 5. Paragraph (d) of subdivision 2 of section 502 of the vehicle and traffic law, as amended by chapter 644 of the laws of 2002, is amended to read as follows:
(d) An applicant for a class DJ or MJ license shall be at least sixteen years of age and such applicant must submit written consent to the issuance of such license by the applicant's parent or guardian. Upon receipt of withdrawal of such consent, any class DJ or MJ license, learner's permit or license application shall be cancelled. No class DJ or MJ license [or limited class DJ or MJ license] shall be issued unless the applicant presents, at the time of the road test administered pursu ant to paragraph (b) of subdivision four of THIS section [five hundred two of this article], a written certification by the applicant's parent or guardian that such applicant has operated a motor vehicle for no less than [twenty] FIFTY hours, AT LEAST FIFTEEN HOURS OF WHICH SHALL BE AFTER SUNSET, under the immediate supervision of a person as authorized pursuant to subparagraph (ii) of paragraph (a) or paragraph (b) of subdivision five of section five hundred one of this article, a driver education teacher pursuant to section eight hundred six-a of the educa tion law or a driving school instructor pursuant to subdivision seven-a of section three hundred ninety-four of this chapter.

S 6.

Section 503-a of the vehicle and traffic law is REPEALED.

S 7. Subdivision 3 of section 509 of the vehicle and traffic law, as added by chapter 780 of the laws of 1972, is amended to read as follows:
3. Whenever a PERMIT OR license is required to operate a motor vehi cle, no person shall operate any motor vehicle in violation of any restriction contained on [his], OR APPLICABLE TO, THE PERMIT OR license.

S 8. Subdivisions 1, 2 and 3 of section 510-b of the vehicle and traf fic law, as amended by chapter 644 of the laws of 2002, are amended to read as follows:
1. A license, other than a class DJ or class MJ license [or a limited class DJ or class MJ license], shall be suspended, for a period of sixty days, (i) upon the first conviction of the licensee of a violation, committed during the probationary period provided for in subdivision four of section five hundred one of this title, of any provision of section eleven hundred twenty-nine of this chapter, section eleven hundred eighty of this chapter or any ordinance or regulation limiting the speed of motor vehicles and motorcycles, section eleven hundred eighty-two of this chapter, or subdivision one of section eleven hundred ninety-two of this chapter or section twelve hundred twelve of this chapter; or (ii) upon the second conviction of the licensee of a violation, committed during the aforesaid probationary period, of any other provision of this chapter or of any other law, ordinance, order, rule or regulation relating to traffic. 2. A license, other than a class DJ or class MJ license [or a limited class DJ or class MJ license], considered probationary pursuant to subdivision three of this section shall be revoked upon the conviction of the licensee of a violation or violations committed within six months following the restoration or issuance of such license, which conviction or convictions would result in the suspension of a probationary license pursuant to subdivision one of this section. S. 3619--A 4 3. Any license, other than a class DJ or class MJ license [or a limit ed class DJ or class MJ license], which is restored or issued to a person who has had his last valid license suspended or revoked pursuant to the provisions of this section shall be considered probationary until the expiration of six months following the date of restoration or issu ance thereof.

S 9.

Section 510-c of the vehicle and traffic law, as added by chapter 644 of the laws of 2002, is amended to read as follows:


S 510-c. Suspension and revocation of [certain] LEARNER'S PERMITS AND DRIVER'S LICENSES FOR VIOLATIONS COMMITTED BY HOLDERS OF class DJ or class MJ learner's permits or [driver's] licenses. 1. (a) A [class DJ or class MJ] learner's permit OR A DRIVER'S LICENSE shall be suspended for a period of sixty days:
(i) upon a conviction or finding of a serious traffic violation as defined in subdivision [four] TWO of this section, WHEN SUCH VIOLATION WAS committed while the holder had a class DJ or class MJ learner's permit OR A CLASS DJ OR MJ LICENSE; or (ii) upon the second conviction or finding of such PERMIT OR LICENSE holder of a violation of any other provision of this chapter or any other law, ordinance, order, rule or regulation relating to traffic, AND WHEN SUCH VIOLATION WAS committed while such holder had [such] A CLASS DJ OR CLASS MJ learner's permit OR A CLASS DJ OR MJ LICENSE. (b) A [class DJ or class MJ] learner's permit OR A DRIVER'S LICENSE shall be revoked for a period of sixty days upon the conviction or find ing of the PERMIT OR LICENSE holder of a violation or violations, committed within six months after the restoration of [a class DJ or class MJ learner's] SUCH permit OR LICENSE suspended pursuant to para graph (a) of this subdivision, which convictions or findings would result in the suspension of such permit OR LICENSE pursuant to paragraph (a) of this subdivision. 2. [(a) A class DJ or class MJ driver's license or limited class DJ or class MJ license shall be suspended, for a period of sixty days:
(i) upon a conviction or finding of a serious traffic violation as defined in subdivision four of this section, committed while the holder had such license; or (ii) upon the second conviction or finding of the holder of a violation of any other provision of this chapter or any other law, ordi nance, order, rule or regulation relating to traffic, committed while such holder had such license. (b) A class DJ or class MJ driver's license or a limited class DJ or class MJ license shall be revoked for a period of sixty days upon the conviction or finding of the holder of a violation or violations, committed within six months either after the restoration of such driv er's license suspended pursuant to paragraph (a) of this subdivision or after the restoration of a learner's permit suspended or revoked pursu ant to subdivision one of this section, which convictions or findings would result in the suspension of such license pursuant to paragraph (a) of this subdivision. 3. A driver's license which has been restored following a suspension of a class DJ or class MJ driver's license or a limited class DJ or class MJ license pursuant to subdivision two of this section shall be revoked for a period of sixty days upon the conviction or finding, with in six months of such restoration, of any violation or violations which would result in the suspension of a class DJ or class MJ driver's license or a limited class DJ or class MJ license pursuant to paragraph (a) of subdivision two of this section. S. 3619--A 5 4.] For purposes of this section, the term "serious traffic violation" shall mean operating a motor vehicle in violation of any of the follow ing provisions of this chapter: articles twenty-five and twenty-six; subdivision one of section six hundred; section six hundred one; sections eleven hundred eleven, eleven hundred seventy, eleven hundred seventy-two and eleven hundred seventy-four; subdivisions (a), (b), (c), (d) and (f) of section eleven hundred eighty, provided that the violation involved ten or more miles per hour over the established limit; section eleven hundred eighty-two; subdivision three-a of section twelve hundred twenty-nine-c for violations involving use of safety belts or seats by a child under the age of sixteen; and section twelve hundred twelve of this chapter.

S 10. Subdivision 3-a of section 1229-c of the vehicle and traffic law, as added by chapter 644 of the laws of 2002, is amended to read as follows:
3-a. No person holding a class DJ learner's permit or class DJ license issued pursuant to section five hundred two of this chapter, [or a limited class DJ or MJ license issued pursuant to section five hundred three-a of this chapter,] shall operate a motor vehicle in this state unless such person is restrained by a safety belt approved by the commissioner, and all passengers under the age of four are restrained in a specially designed seat which meets the federal motor vehicle safety standards set forth in 49 C.F.R. 571.213 and which is either permanently affixed or is affixed to such vehicle by a safety belt and, in the case of any other passenger under the age of sixteen, he or she is restrained by a safety belt approved by the commissioner. No person sixteen years of age or over shall be a passenger in a motor vehicle operated by a person holding a class DJ learner's permit, a class DJ license or a limited class DJ license unless such passenger is restrained by a safety belt approved by the commissioner.

S 11. Except as otherwise provided in section twelve of this act, no municipal corporation, as defined in section 2 of the general municipal law, shall, after June 10, 2009, enact any local law, ordinance or code relating to the operation of a motor vehicle while using a portable electronic device unless the terms of such law, ordinance or code are identical to section 1225-d of the vehicle and traffic law, as added by section four of this act. The provisions of this act shall invalidate and preempt any such local law, ordinance or code, enacted after June 10, 2009, unless the terms of such law, ordinance or code are identical to section 1225-d of the vehicle and traffic law, as added by section four of this act.

S 12. The provisions of this act shall preempt any local law, ordi nance, code, rule or regulation relating to the operation of a motor vehicle while using a portable electronic device, except that nothing in this act shall preclude any state or local agency, which, by permit, license or registration regulates the business or professional activ ities of individuals from imposing more stringent restrictions than provided in this act for the use of portable electronic devices upon such individuals during the course of engaging in the business or professional activity that is the subject of such agency's permit, license or registration.

S 13. The commissioner of motor vehicles, in consultation with the superintendent of the state police, shall study the effects of the use of portable electronic devices and similar equipment in conjunction with the operation of a motor vehicle, and the effects of other forms of driver inattention and distraction, on highway and traffic safety, and S. 3619--A 6 shall submit a report of his or her findings to the governor, the tempo rary president of the senate, the speaker of the assembly, and the chairs of the transportation committees of the senate and the assembly, not later than 4 years from the effective date of this act. Such report shall include, but not be limited to:
1. an examination of motor vehicle accident, fatality and injury statistics relating to the use of portable electronic devices and simi lar equipment while operating a motor vehicle; 2. an examination of motor vehicle accident, fatality and injury statistics relating to other forms of driver inattention and distraction; 3. a review and analysis of studies examining the effects of the use of portable electronic devices or similar equipment on highway and traf fic safety; 4. a review and analysis of studies and statistics relating to other types of driver inattention and distraction which affect highway and traffic safety; and 5. recommendations for improving highway and traffic safety and reduc ing motor vehicle accidents, if any, related to driver inattention and distraction.

S 14. This act shall take effect immediately; provided, however, that:
(a) sections one, two, three, five, six, eight, nine and ten of this act shall take effect on the one hundred eightieth day after it shall have become a law and shall apply to licenses issued on or after such effective date. Any license issued pursuant to section 503-a of the vehicle and traffic law prior to such effective date shall remain in effect until the expiration date of such license; (b) sections four and twelve of this act shall take effect November 1, 2009; and (c) section eleven of this act shall expire and be deemed repealed November 1, 2009.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!

blog comments powered by Disqus

The software and services provided under this site are offered under the BSD License and the GPL v3 License.