Relates to the use of portable electronic devices.
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
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 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.
Amends subdivision 4 of section 1225-d of the vehicle and traffic law, as added by chapter 403 of the laws of 2009, to make a technical amendment to create consistency and match rebuttable evidence language in section 1225-C 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 and 89% of those polled support a ban. The seriousness of this growing problem mandates that the texting and driving law be a primary violation in New York State.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5643 2011-2012 Regular Sessions IN SENATE June 8, 2011 ___________Introduced by Sens. MARCELLINO, ALESI, ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Trans- portation 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. Subdivision 4 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: 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]TENDING TO SHOW that the operator was not using the device within the meaning of this section. 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03315-02-1