Relates to the suspension of certain driver's licenses for violations relating to the use of mobile telephones or portable electronic devices while driving.
Ayes (62): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Parker
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the suspension of certain driver's licenses for violations relating to the use of mobile telephones or portable electronic devices while driving
Purpose of the Bill: This bill would add convictions for texting-while-driving and using a hand-held cell phone to the list of violations for which probationary and junior license holders would have their permit or license suspended for 60 days upon a first conviction. For a subsequent conviction within six months of license restoration, probationary drivers would have their license revoked for six months and junior license holders would have their permit or license revoked for an additional 60 days.
Summary of Provisions:
Section 1 of this bill would amend subdivision 1 of Vehicle and Traffic Law (VTL) § 510-b to add convictions for traffic violations committed under VTL §§ 1225-c (use of a mobile telephone) and 1225-d (use of portable electronic devices) to the list of violations for which a probationary license holder would have his or her license suspended for a period of 60 days upon a first conviction and for six months upon a subsequent conviction.
Section 2 of this bill would amend subdivision 2 of VTL § 510-c to add convictions for traffic violations committed under VTL §§ 1225-c (use of a mobile telephone) and 1225-d (use of portable electronic devices) to the list of "serious traffic violations" for which a Class DJ and MJ permit or license holder would have his or her license suspended for a period of 60 days upon a first conviction and for an additional 60 days upon a subsequent conviction.
Section 3 of this bill provides for an immediate effective date.
Existing Law: Currently, VTL §§ 510-b and 510-c provide for the suspension and revocation of probationary and junior licenses upon conviction of certain specified traffic violations but not upon convictions related to the use of mobile telephones or portable electronic devices
Statement in Support: For young and new drivers who use cell phones and text while driving, inattention and inexperience is a deadly combination that puts themselves and others at risk. Currently, 43% of teenage drivers admit that they regularly text while driving, according to research released at a recent poster session of the Pediatric Academic Societies.
Distracted driving is an increasing threat to highway safety. From 2005 to 2011, there has been an approximately 143% increase in cell phone-related crashes in New York State. In 2011, there were 25,165 fatal and personal injury crashes involving distracted driving in New York, compared to 4,628 caused by alcohol-related driving.
In July 2011, New York strengthened enforcement of texting-while-driving violations by making the use of a portable
electronic device for activities such as texting while driving a primary traffic offense, giving law enforcement the power to stop motorists solely for engaging in this activity. Additionally, the penalty for using a handheld device while driving was increased from two to three points. Since this law was passed, there has been a 234% increase in the number of tickets issued for texting while driving in New York State from 2011 to 2012.
This bill continues to build upon the State's efforts to improve highway safety by encouraging young and inexperienced drivers to keep their eyes on the road and their hands on the wheel.
Prior Legislative History: This is a new bill.
Budget Implications: The provisions of this bill would result in no increase costs to the State.
Effective Date: This act would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5656 2013-2014 Regular Sessions IN SENATE May 31, 2013 ___________Introduced by Sens. MARCELLINO, FUSCHILLO -- (at request of the Gover- nor) -- read twice and ordered printed, and when printed to be commit- ted to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to the suspen- sion of certain driver's licenses for violations relating to the use of mobile telephones or 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 510-b of the vehicle and traffic law, as amended by chapter 403 of the laws of 2009, is amended to read as follows: 1. A license, other than a 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, SECTION TWELVE HUNDRED TWENTY-FIVE-C OF THIS CHAPTER OR SECTION TWELVE HUNDRED TWENTY-FIVE-D 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. S 2. Subdivision 2 of section 510-c of the vehicle and traffic law, as amended by chapter 403 of the laws of 2009, is amended to read as follows: 2. For purposes of this section, the term "serious traffic violation" shall mean operating a motor vehicle in violation of any of the follow-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12031-01-3 S. 5656 2
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]SECTIONS twelve hundred twelve, TWELVE HUNDRED TWENTY-FIVE-C AND TWELVE HUNDRED TWENTY-FIVE-D of this chapter. S 3. This act shall take effect immediately.