Actions

Calendars

Active List: May 3, 2011 , Floor Calendar: Apr 13, 2011 , Floor Calendar: May 2, 2011 , Floor Calendar: May 3, 2011

Votes

Memo

BILL NUMBER:S998B

TITLE OF BILL: An act to amend the vehicle and traffic law and the insurance 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 subdivisions 1 and 2 of section 1225-c to clarify the definition of using a hand-held mobile device.

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 the Vehicle and Traffic Law and the insurance law to include a cell phone safety component to the Department of Motor Vehicles pre-licensing course.

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. The seriousness of this growing problem mandates that the texting and driving law be a primary violation in New York State.

This legislation clarifies the current law in reference to use of a hand-held mobile device to assist law enforcement in enforcing the provisions of this section. The bill also includes provisions requiring a cell phone safety component to the Department of Motor Vehicles pre-licensing course.

LEGISLATIVE HISTORY: Similar to S.6114-A of 2009/10

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

 

Text

STATE OF NEW YORK
________________________________________________________________________

998--B
Cal. No. 129

2011-2012 Regular Sessions

IN SENATE

(PREFILED)

January 5, 2011
___________

Introduced  by Sens. MARCELLINO, ALESI, ROBACH, AVELLA, FUSCHILLO, GOLD-
  EN, JOHNSON, KENNEDY, LARKIN, LAVALLE, MAZIARZ,  RANZENHOFER,  VALESKY
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Transportation -- committee discharged, bill amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  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 and the  insurance  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. Subdivisions 1 and 2 of section 1225-c of the  vehicle  and
traffic  law, as added by chapter 69 of the laws of 2001, are amended to
read as follows:
  1. For purposes of this section, the following terms shall mean:
  (a) "Mobile telephone" shall mean the device used by  subscribers  and
other users of wireless telephone service to access such service.
  (b)  "Wireless  telephone  service" shall mean two-way real time voice
telecommunications service that is interconnected to a  public  switched
telephone  network and is provided by a commercial mobile radio service,
as such term is defined by 47 C.F.R. S 20.3.
  (c) ["Using" shall mean holding a mobile telephone to, or in the imme-
diate proximity of, the user's ear.
  (d)] "Hand-held mobile telephone" shall mean a mobile  telephone  with
which a user engages in a call using at least one hand.
  [(e)]  (D) "Hands-free mobile telephone" shall mean a mobile telephone
that has an internal feature or function, or that is  equipped  with  an
attachment  or  addition, whether or not permanently part of such mobile
telephone, by which a user engages in a call without the use  of  either

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04426-06-1
S. 998--B                           2

hand[,  whether  or not the use of either hand is necessary to activate,
deactivate or initiate a function of such telephone.
  (f) "Engage in a call" shall mean talking into or listening on a hand-
held  mobile telephone, but shall not include holding a mobile telephone
to activate, deactivate or initiate a function of such telephone.
  (g) "Immediate proximity" shall mean  that  distance  as  permits  the
operator  of  a  mobile telephone to hear telecommunications transmitted
over such mobile telephone, but shall not require physical contact  with
such operator's ear].
  2.  (a)  Except as otherwise provided in this section, no person shall
operate a motor vehicle upon a public  highway  [while  using  a  mobile
telephone  to  engage  in  a  call] TALKING INTO, LISTENING TO, DIALING,
ACTIVATING, DEACTIVATING OR  INITIATING  ANY  FUNCTION  OF  A  HAND-HELD
MOBILE PHONE while such vehicle is in motion.
  (b)  [An  operator of a motor vehicle who holds a mobile telephone to,
or in the immediate proximity of his or her ear while such vehicle is in
motion is presumed to be engaging in a call within the meaning  of  this
section.  The  presumption established by this subdivision is rebuttable
by evidence tending to show that the operator was not engaged in a call.
  (c)] The provisions of this section shall not be construed as  author-
izing  the seizure or forfeiture of a mobile telephone, unless otherwise
provided by law.
  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.  Subdivision  4 of section 502 of the vehicle and traffic law is
amended by adding a new paragraph (c-3) to read as follows:
  (C-3) CELL PHONE SAFETY COMPONENT. THE COMMISSIONER SHALL  PROVIDE  IN
THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION
A  MANDATORY  COMPONENT  IN  "CELL  PHONE  SAFETY" AS A PREREQUISITE FOR
OBTAINING A LICENSE TO OPERATE A  MOTOR  VEHICLE.  THE  PURPOSE  OF  THE
COMPONENT  IS  TO EDUCATE PROSPECTIVE LICENSEES OF THE POTENTIAL DANGERS
OF DRIVING WHILE USING A CELL PHONE. FOR THE PURPOSES OF THIS PARAGRAPH,
"CELL PHONE" SHALL BE DEFINED AS A PORTABLE ELECTRONIC DEVICE AS DEFINED
IN  PARAGRAPH  (A)  OF  SUBDIVISION  TWO  OF  SECTION   TWELVE   HUNDRED
TWENTY-FIVE-D  OF  THIS  CHAPTER.    THE  COMMISSIONER SHALL ESTABLISH A
CURRICULUM FOR SUCH "CELL PHONE SAFETY" COMPONENT WHICH  SHALL  INCLUDE,
BUT  NOT BE LIMITED TO, INFORMATION ON THE LAWS RELATED TO DRIVING WHILE
USING A CELL PHONE AS DESCRIBED IN SECTIONS TWELVE HUNDRED TWENTY-FIVE-C
AND TWELVE HUNDRED TWENTY-FIVE-D OF  THIS  CHAPTER,  THE  PENALTIES  FOR
USING A CELL PHONE WHILE DRIVING AND THE POTENTIAL DANGERS OF DISTRACTED
DRIVERS.  IN  DEVELOPING SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
WITH LAW ENFORCEMENT PERSONNEL, HIGHWAY SAFETY OFFICIALS AND  ANY  OTHER
GROUP THE COMMISSIONER BELIEVES CAN CONTRIBUTE TO A COMPREHENSIVE STATE-
MENT OF THE ISSUE.
  S  4.  Paragraphs  (a), (b) and (d) of subdivision 4 of section 502 of
the vehicle and traffic law, as amended by chapter 585 of  the  laws  of
2002, subparagraph (i) of paragraph (a) as amended by chapter 387 of the
laws of 2010, are amended to read as follows:
S. 998--B                           3

  (a)  (i) Upon submission of an application for a driver's license, the
applicant shall be required to take and pass a test, or submit  evidence
of  passage of a test, with respect to the laws relating to traffic, the
laws relating to driving while ability is impaired and while  intoxicat-
ed,  under  the  overpowering  influence of "Road Rage", [or] "Work Zone
Safety" awareness as defined by the commissioner OR CELL PHONE SAFETY AS
DEFINED BY THE COMMISSIONER, the law relating to exercising due care  to
avoid  colliding with a parked, stopped or standing authorized emergency
vehicle pursuant to section eleven hundred forty-four-a of this chapter,
the ability to read and comprehend traffic signs and  symbols  and  such
other  matters  as the commissioner may prescribe, and to satisfactorily
complete a course prescribed by the commissioner of not less  than  four
hours  and  not  more  than  five  hours, consisting of classroom driver
training and highway safety instruction or the equivalent thereof.  Such
test  shall  include  at  least  seven  written questions concerning the
effects of consumption of alcohol or drugs on the ability of a person to
operate a motor vehicle and the legal and financial consequences result-
ing from violations of section eleven hundred ninety-two of  this  chap-
ter, prohibiting the operation of a motor vehicle while under the influ-
ence  of  alcohol  or drugs. Such test shall include one or more written
questions concerning the devastating effects of "Road Rage" on the abil-
ity of a person to operate a motor vehicle and the legal  and  financial
consequences  resulting from assaulting, threatening or interfering with
the lawful conduct of another person legally  using  the  roadway.  Such
test  shall  include  one  or  more  questions  concerning the potential
dangers to persons and equipment resulting from the unsafe operation  of
a  motor  vehicle  in a work zone.   SUCH TEST SHALL INCLUDE ONE OR MORE
WRITTEN QUESTIONS RELATING TO THE  HAZARDS  AND  LEGAL  CONSEQUENCES  OF
DRIVING WHILE USING A PORTABLE ELECTRONIC DEVICE AS DEFINED IN PARAGRAPH
(A)  OF  SUBDIVISION TWO OF SECTION TWELVE HUNDRED TWENTY-FIVE-D OF THIS
CHAPTER. Such test may include one or more questions concerning the  law
for  exercising  due  care  to avoid colliding with a parked, stopped or
standing authorized emergency vehicle pursuant to section eleven hundred
forty-four-a of this chapter. Such test shall  be  administered  by  the
commissioner.  The  commissioner  shall  cause  the  applicant to take a
vision test and a test for color blindness. Upon passage of  the  vision
test,  the  application may be accepted and the application fee shall be
payable.
  (ii) The commissioner shall promulgate rules  and  regulations  estab-
lishing  eligibility  standards  for the taking and passing of knowledge
tests in other than written form.
  (b) Upon successful completion of the requirements set forth in  para-
graph  (a)  of  this subdivision which shall include an alcohol and drug
education component as described in paragraph (c) of this subdivision, a
"Road Rage" awareness component as described in paragraph (c-1) of  this
subdivision and a "Work Zone Safety" awareness component as described in
paragraph  (c-2) of this subdivision AND A "CELL PHONE SAFETY" COMPONENT
AS DESCRIBED IN PARAGRAPH (C-3) OF THIS  SUBDIVISION,  the  commissioner
shall  cause the applicant to take a road test in a representative vehi-
cle of a type prescribed by the commissioner which shall be  appropriate
to  the  type  of license for which application is made, except that the
commissioner may waive the road test requirements for certain classes of
applicants. The commissioner shall have the power to establish a program
to allow persons other than employees of the department to conduct  road
tests in representative vehicles when such tests are required for appli-
cants to obtain a class A, B or C license.  If she chooses to do so, she
S. 998--B                           4

shall  set  forth her reasons in writing and conduct a public hearing on
the matter. She shall only establish such a program  after  holding  the
public hearing.
  (d) The commissioner shall make available for distribution upon regis-
tration  at  each location where the pre-licensing course will be given,
instructional handbooks outlining the content of the  entire  curriculum
of  the  pre-licensing  course  including the information required to be
included in the course pursuant to paragraphs (c),  (c-1)  [and],  (c-2)
AND  (C-3)  of this subdivision. The commissioner shall also provide for
the additional training of the instructors necessary for  the  competent
instruction  of the alcohol and drug education and "Road Rage" awareness
[and], "Work Zone Safety"  awareness,  AND  CELL  PHONE  SAFETY  subject
matters of the pre-licensing course.
  S  5.  Subsection (a) of section 2336 of the insurance law, as amended
by chapter 751 of the laws of 2005, is amended to read as follows:
  (a) Any schedule of rates or rating plan for motor  vehicle  liability
and  collision  insurance  submitted to the superintendent shall provide
for an appropriate reduction in premium charges for any  insured  for  a
three year period after successfully completing a motor vehicle accident
prevention  course,  known  as  the  national safety council's defensive
driving course, or any driver improvement course approved by the depart-
ment of motor vehicles as being equivalent to the national safety  coun-
cil's  defensive  driving  course,  provided that, except as provided in
article twelve-C of the vehicle and  traffic  law,  there  shall  be  no
reduction in premiums for a self instruction defensive driving course or
a  course  which does not provide for actual classroom instruction for a
minimum number of hours as determined by the department of  motor  vehi-
cles.  Such  reduction in premium charges shall be subsequently modified
to the extent  appropriate,  based  upon  analysis  of  loss  experience
statistics  and  other  relevant  factors.  All such accident prevention
courses shall be monitored by the department of motor vehicles and shall
include components of instruction in "Road  Rage"  awareness  [and],  in
"Work  Zone  Safety"  awareness  AND CELL PHONE SAFETY as defined by the
commissioner of motor vehicles. The provisions of this section shall not
apply to attendance at a program pursuant to article twenty-one  of  the
vehicle and traffic law as a result of any traffic infraction.
  S  6.  Subsection (a) of section 2336 of the insurance law, as amended
by chapter 585 of the laws of 2002, is amended to read as follows:
  (a) Any schedule of rates or rating plan for motor  vehicle  liability
and  collision  insurance  submitted to the superintendent shall provide
for an appropriate reduction in premium charges for any  insured  for  a
three year period after successfully completing a motor vehicle accident
prevention  course,  known  as  the  national safety council's defensive
driving course, or any driver improvement course approved by the depart-
ment of motor vehicles as being equivalent to the national safety  coun-
cil's  defensive  driving  course,  provided  that in either event there
shall be no reduction in premiums for a self instruction defensive driv-
ing course or a course which  does  not  provide  for  actual  classroom
instruction  for  a minimum number of hours as determined by the depart-
ment of motor vehicles. Such  reduction  in  premium  charges  shall  be
subsequently  modified to the extent appropriate, based upon analysis of
loss experience statistics and other relevant factors. All such accident
prevention courses shall be monitored by the department of  motor  vehi-
cles  and  shall include components of instruction in "Road Rage" aware-
ness [and], in "Work Zone Safety" awareness AND  CELL  PHONE  SAFETY  as
defined  by  the  commissioner of motor vehicles. The provisions of this
S. 998--B                           5

section shall not apply to attendance at a program pursuant  to  article
twenty-one  of  the  vehicle  and traffic law as a result of any traffic
infraction.
  S  7. This act shall take effect immediately; provided that the amend-
ments to subsection (a) of section 2336 of the  insurance  law  made  by
section  five  of this act shall be subject to the expiration and rever-
sion of such subsection as provided in section 5 of chapter 751  of  the
laws  of  2005,  as amended, when upon such date section six of this act
shall take effect.