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

                                  2453

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

Introduced  by  M. of A. ORTIZ, KOON, FIELDS, SCHROEDER, GALEF, MILLMAN,
  MAISEL, SCHIMEL, SPANO -- Multi-Sponsored by -- M. of A.  DelMONTE  --
  read once and referred to the Committee on Transportation

AN  ACT  to  amend the vehicle and traffic law and the insurance law, in
  relation to prohibiting  the  writing,  sending  or  reading  of  text
  messages on a mobile telephone while driving

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

  Section 1. Paragraph (d) of subdivision 1 of  section  1225-c  of  the
vehicle  and traffic law, as added by chapter 69 of the laws of 2001, is
amended and a new paragraph (h) is added to read as follows:
  (d) "Hand-held mobile telephone" shall  mean  a  mobile  telephone  OR
PORTABLE  ELECTRONIC  DEVICE  with  which  a  user  engages in a call OR
WRITES, SENDS OR READS A TEXT MESSAGE using at least one hand,  PROVIDED
THAT   THE   TERM   "HAND-HELD   MOBILE  TELEPHONE"  SHALL  NOT  INCLUDE
VEHICLE-INTEGRATED VOICE-ACTIVATED DEVICES.
  (H) "WRITE, SEND OR READ A TEXT MESSAGE" SHALL MEAN THE  MANUAL  ENTRY
OR  RETRIEVAL  OF  A  TEXT-BASED  MESSAGE COMMONLY REFERRED TO AS A TEXT
MESSAGE, INSTANT MESSAGE, ELECTRONIC MESSAGE OR  EMAIL,  TO  COMMUNICATE
WITH ANY PERSON OR DEVICE.
  S  2.  Paragraph  (a)  of  subdivision  2 and subdivision 3 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:
  (a)  Except  as  otherwise  provided  in this section, no person shall
operate a motor vehicle upon a public highway while using a mobile tele-
phone OR PORTABLE ELECTRONIC DEVICE to engage in a call OR  WRITE,  SEND
OR READ A TEXT MESSAGE while such vehicle is in motion.
  3. Subdivision two of this section shall not apply to (a) the use of a
mobile  telephone  OR PORTABLE ELECTRONIC DEVICE for the sole purpose of
communicating with any of the following  regarding  an  emergency  situ-
ation: an emergency response operator; a hospital, physician's office or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03408-01-9
              

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health  clinic;  an  ambulance  company  or  corps;  a  fire department,
district or company; or a police department, (b) any  of  the  following
persons  while  in  the  performance  of their official duties: a police
officer  or  peace  officer;  a member of a fire department, district or
company; or the operator of an authorized emergency vehicle  as  defined
in  section  one hundred one of this chapter, or (c) the use of a hands-
free mobile telephone.
  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 THE "CELL PHONE SAFETY" COMPONENT AS A PREREQ-
UISITE 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 HAND-HELD MOBILE TELEPHONE
WITH  WHICH A USER ENGAGES A CALL OR WRITES, SENDS OR READS A TEXT-BASED
COMMUNICATION USING AT LEAST ONE HAND AS DEFINED  IN  PARAGRAPH  (H)  OF
SUBDIVISION ONE OF SECTION TWELVE HUNDRED TWENTY-FIVE-C OF THIS CHAPTER.
THE COMMISSIONER SHALL ESTABLISH A CURRICULUM FOR SUCH "CELL PHONE SAFE-
TY" COMPONENT WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION ON
THE  LAW  RELATED TO DRIVING WHILE USING A CELL PHONE, 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, are amended to read as follows:
  (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 ability to read and comprehend traf-
fic 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  writ-
ten  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  resulting  from  violations  of  section eleven
hundred ninety-two of this chapter, prohibiting the operation of a motor
vehicle while under the influence of alcohol or drugs. Such  test  shall
include one or more written questions concerning the devastating effects
of "Road Rage" on the ability of a person to operate a motor vehicle and
the  legal and financial consequences resulting from assaulting, threat-
ening 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 CELL PHONE.  Such  test  shall  be

A. 2453                             3

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
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

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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
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 on the one hundred eightieth day after
it shall have become a law, provided that the amendments  to  subsection
(a)  of  section  2336 of the insurance law made by section five of this
act shall be subject to the expiration and reversion 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.