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

                                  3022

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
  a driver from using a cellular telephone while operating a motor vehi-
  cle; and to repeal section 1225-c of such law relating thereto

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

  Section 1. Legislative intent. The legislature hereby finds and deter-
mines that operating a motor vehicle while  talking  on  a  cellular  or
wireless telephone endangers public safety. Researchers at the Universi-
ty  of Toronto reported in the New England Journal of Medicine (February
13, 1997), that driving while talking on a telephone increased the  risk
of  accident  four-fold.  Their  findings also revealed that operating a
motor vehicle while talking on a telephone posed the same risk of  acci-
dent as driving with a high blood alcohol level of .10. In recent years,
there  has  been  a  rapid growth in the use of wireless communications.
That growth has resulted in a substantial  increase  in  the  number  of
motorists  who  talk  on  the  telephone while driving. As more and more
drivers use cellular and wireless telephones, our roads become less  and
less safe.
  The  purpose of this legislation is to educate the public of the seri-
ous and deadly risks involved with using a cellular  or  wireless  tele-
phone  while operating a motor vehicle. Because the underlying objective
is to educate, the penalty set forth in this legislation is a mere traf-
fic infraction rather than a crime. This legislation does recognize that
there are emergency situations in which the use of a cellular  or  wire-
less  telephone  while operating a motor vehicle is critical.  In such a
situation, an individual may assert, as an affirmative defense, that the
violation was made for the sole purpose of obtaining  emergency  assist-
ance.   This legislation does not apply to operators of authorized emer-
gency vehicles, such as policemen, firemen and emergency medical techni-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07034-01-3
              

A. 3022                             2

cians. Nothing contained in this legislation shall prevent  a  passenger
or non-driving occupant from using a cellular or wireless telephone in a
motor vehicle.
  S 2. Section 1225-c of the vehicle and traffic law is REPEALED.
  S  3.  The  vehicle and traffic law is amended by adding a new section
397-c to read as follows:
  S 397-C. USE OF A CELLULAR OR WIRELESS  TELEPHONE  WHILE  OPERATING  A
MOTOR  VEHICLE;  PROHIBITED.  1. AS USED IN THIS SECTION, A "CELLULAR OR
WIRELESS TELEPHONE" MEANS A CELLULAR MOBILE  RADIO  TELEPHONE  OR  OTHER
RADIO TELEPHONE CAPABLE OF SENDING OR RECEIVING TELEPHONE COMMUNICATIONS
WITHOUT AN ACCESS LINE FOR SERVICE.
  2.  (A) NO PERSON SHALL OPERATE A MOTOR VEHICLE WHILE USING A CELLULAR
OR WIRELESS TELEPHONE.
  (B) NOTHING CONTAINED HEREIN SHALL PREVENT ANY PASSENGER  OR  OCCUPANT
OF  A  MOTOR  VEHICLE, OTHER THAN THE OPERATOR, FROM USING A CELLULAR OR
WIRELESS TELEPHONE.
  (C) THE PROVISIONS OF THIS SECTION SHALL NOT  APPLY  TO  OPERATORS  OF
AUTHORIZED  EMERGENCY  VEHICLES AS DEFINED IN SECTION ONE HUNDRED ONE OF
THIS CHAPTER.
  (D) EVERY PERSON CONVICTED OF VIOLATING THE PROVISIONS OF THIS SECTION
SHALL BE PUNISHED BY A CIVIL FINE OF NOT MORE THAN ONE HUNDRED DOLLARS.
  (E) A PERSON PROSECUTED UNDER  THE  PROVISIONS  OF  THIS  SECTION  MAY
ASSERT  AS  AN  AFFIRMATIVE  DEFENSE THAT THE VIOLATION WAS MADE FOR THE
SOLE PURPOSE OF OBTAINING EMERGENCY ASSISTANCE IF HE OR SHE  HAD  REASON
TO  FEAR  FOR HIS OR HER LIFE OR SAFETY, OR BELIEVED THAT A CRIMINAL ACT
WAS ABOUT TO BE PERPETRATED AGAINST HIM OR HER NECESSITATING THE USE  OF
SUCH CELLULAR OR WIRELESS TELEPHONE WHILE OPERATING A MOTOR VEHICLE.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.