BILL NUMBER:  S6122A

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to the use of
portable electronic devices


 PURPOSE :

This is a chapter amendment to A.8568-B relating to the prohibition on
texting while driving. The chapter amendment removes the restriction
on police and peace officers ability to issue a summons to an
individual who they have reasonable cause to believe are texting while
driving.

 SUMMARY OF PROVISIONS :

Subdivision six of section 1225-d of the vehicle and traffic law as
proposed in A.8568-B, which has passed both houses, is amended to
remove a restriction on law enforcement's ability to issue a summons
for a person the police have reasonable cause to believe are texting
while driving.

 EXISTING LAW :

              

Section 1225-c of the vehicle and traffic law currently prohibits the
operation of a motor vehicle on a public highway while using a mobile
phone to engage in a call while the vehicle is in motion. Violation of
this provision of law is a traffic infraction punishable by a fine of
not more than one hundred dollars. Under Section 1225-c of the vehicle
and traffic law if law enforcement has reasonable cause to believe an
individual is operating a motor vehicle while using a cell phone to
engage in a call, the vehicle may be stopped and a summons issued for
the driver to appear in court.

Assembly Bill 8568-B, which has passed both houses and is awaiting
action by the Governor enacts a similar prohibition on texting while
driving. Section 1225-d of the vehicle and traffic law will prohibit
the operation of a motor vehicle while using any portable electronic
device while the vehicle is in motion. Violation of this new provision
will also be a traffic infraction punishable by a fine of not more
than one hundred and fifty dollars.

However, unlike using a mobile phone while driving, the prohibition on
texting while driving prohibits police and other law enforcement
personnel from issuing a summons for such activity unless they can
show a court they had reasonable cause to believe the person operating
the motor vehicle has committed some other violation of law.  Law
enforcement officials are unaware of any other vehicle and traffic
violation which restricts their ability to enforce the law in such a
manner.

 JUSTIFICATION :

There is no rational basis for preventing police and law enforcement
from issuing a summons to individuals they have reasonable cause to
suspect are texting while driving. According to a recent study by the
Virginia Tech Transportation Institute (VTTI), drivers who send text
messages run a crash risk of over 20 times higher than that of drivers
not using phones. Text messaging on a cell phone was associated with
the highest risk of all cell phone related tasks according to VTTI, in
a study that purports to be one of the clearest studies yet of driver
distraction and cell phone use under real-world driving conditions.
The VTTI study shows sending text messages while driving involves the
longest duration of time with eyes off the road, the equivalent of
traveling the length of a football field at 55 mph without looking at
the roadway. Treating texting while driving less seriously than using
a cell phone while driving is the wrong message to send the motoring
public, especially teens.

 LEGISLATIVE HISTORY :

Chapter amendment to A.8568-B

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Same date as a chapter of the laws of 2009 as proposed in A.8568-B.