This bill has been amended

Bill S3718-2013

Provides that a motor vehicle will be considered to be in motion while stopped at traffic control devices and stop signs for purposes of mobile phones and other portable electronic devices

Provides that a motor vehicle will be considered to be in motion while stopped at traffic control devices, stop signs and certain other situations for purposes of mobile phones and other portable electronic devices violations.

Details

Actions

  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 20, 2013: referred to transportation
  • Jun 20, 2013: DELIVERED TO ASSEMBLY
  • Jun 20, 2013: PASSED SENATE
  • May 6, 2013: ADVANCED TO THIRD READING
  • May 1, 2013: 2ND REPORT CAL.
  • Apr 30, 2013: 1ST REPORT CAL.508
  • Feb 12, 2013: REFERRED TO TRANSPORTATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Transportation - Apr 30, 2013
Ayes (12): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, Ranzenhofer, Diaz, Kennedy, Perkins, Stavisky
Ayes W/R (6): O'Mara, Young, Zeldin, Dilan, Squadron, Gipson

Memo

BILL NUMBER:S3718

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

PURPOSE:

This legislation would provide that a motor vehicle will be considered to be in motion while stopped at traffic control devices and stop signs for purposes of mobile phones and other electronic devices.

SUMMARY OF PROVISIONS:

Amends Subdivision 1 of section 1225-c and subdivision 2 of section 1225-d of the vehicle and traffic law to provide that a motor vehicle will be considered to be in motion while stopped at traffic control devices, stop signs, railroad crossings or due to heavy traffic for purposes of mobile phones and other electronic devices.

JUSTIFICATION:

Local law enforcement has raised the issue that under the current texting while driving and hand held cell phone bans, the definition of "while such vehicle is in motion" does not adequately cover a driver who is using their electronic device or cellular phone while at a traffic control device, stop sign or traffic congestion. This legislation seeks to fix this problem with the current law by providing that a motor vehicle will be considered to be in motion while stopped at traffic control devices, stop signs, railroad crossings or due to heavy traffic for purposes of enforcing the ban on mobile phones and other electronic devices while driving.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3718 2013-2014 Regular Sessions IN SENATE February 12, 2013 ___________
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 the use of mobile phones and 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. Subdivision 1 of section 1225-c of the vehicle and traffic law is amended by adding a new paragraph (h) to read as follows: (H) "WHILE SUCH VEHICLE IS IN MOTION" SHALL MEAN: (I) ANY TIME A MOTOR VEHICLE IS MOVING; (II) ANY TIME A MOTOR VEHICLE IS STOPPED AT A TRAFFIC LIGHT, STOP SIGN, RAILROAD CROSSING OR ANY OTHER TRAFFIC CONTROL DEVICE REQUIRING A MOTOR VEHICLE TO STOP; OR (III) ANY TIME A MOTOR VEHICLE IS STOPPED BECAUSE OF HEAVY TRAFFIC CONGESTION OF A TRAFFIC JAM. S 2. Subdivision 2 of section 1225-d of the vehicle and traffic law is amended by adding a new paragraph (c) to read as follows: (C) "WHILE SUCH VEHICLE IS IN MOTION" SHALL MEAN: (I) ANY TIME A MOTOR VEHICLE IS MOVING; (II) ANY TIME A MOTOR VEHICLE IS STOPPED AT A TRAFFIC LIGHT, STOP SIGN, RAILROAD CROSSING OR ANY OTHER TRAFFIC CONTROL DEVICE REQUIRING A MOTOR VEHICLE TO STOP; OR (III) ANY TIME A MOTOR VEHICLE IS STOPPED BECAUSE OF HEAVY TRAFFIC CONGESTION OF A TRAFFIC JAM. S 3. This act shall take effect on the sixtieth day after it shall have become a law.

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