NY State Senate Bill 2009-S1877

Senate Bill S1877

2009-2010 Legislative Session

Prohibits the use of mobile telephones or wireless devices by certain persons while operating a vehicle

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 26, 2010	recommit, enacting clause stricken
Jan 06, 2010	referred to transportation
Feb 09, 2009	referred to transportation

2009-S1877 (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§501-a & 501-b, V & T L

2009-S1877 (ACTIVE) - Summary

Prohibits the use of mobile telephones or wireless devices by certain persons while operating a vehicle.

2009-S1877 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1877

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to
prohibiting the use of mobile telephones or wireless devices by
certain persons while operating a vehicle


 PURPOSE :
To amend the vehicle and traffic law to prohibit drivers under the age
of eighteen (1 8) years from using a hand-held or hands-free mobile
telephone or wireless device while operating a motor vehicle.

 SUMMARY OF PROVISIONS :
Section 1 of the bill would amend §501-a of the vehicle and traffic
law to add definitions for the terms "mobile telephone," "wireless
device," "text messaging," "digital imaging," "hand-held," and
"hands-free."

Section 2 of the bill would amend subdivision (1) of §501-b of the
vehicle and traffic law to prohibit the holder of a class DJ or class
M1 learner's permit from using a hand-held or hands-free mobile
telephone or wireless device while operating a vehicle, unless in case
or an emergency where medical or emergency personnel are being
contacted.

Section 3 of the bill would amend subdivision (2) of §501-b of the
vehicle and traffic law to prohibit the holder of a class DJ or class
MJ learner's permit from using a hand-held or hands-free mobile
telephone or wireless device while operating a vehicle, unless in case
or an emergency where medical or emergency personnel are being
contacted.

 JUSTIFICATION :
According to auto industry research, teen drivers are four times more
distracted than adult drivers by cell phone use. In a recent study,
Ford Motor Company put teens and adults in a simulator to measure the
effect of age on cell phone distraction. Without any distractions,
both the teens and adults studied had a three percent miss rate in
identifying potentially dangerous events. However, when the same test
was run again with the participants using a cell phone, the adult miss
rate rose to 13% and the teen miss rate to more than 50%.

While § 1225-c of the vehicle and traffic law currently prohibits all
drivers from using a hand-held cell phone while operating a motor
vehicle, the myriad of wireless devices developed since the passage of
that law, in combination with the lack of driving experience by those
under eighteen years of age, have created many new and dangerous
distractions that can lead to accidents, injury and death. By
prohibiting permit holders and young licensees from using mobile phone
and other wireless devices while operating a vehicle, this legislation
will reduce the incidence of distracted driving, improve safety on our
roadways, put drivers on notice as to prohibited behavior, and
encourage good driving habits that will last a lifetime.

Further, this legislation recognizes that mobile phones and wireless
devices can be helpful in case of emergency. It is for this reason
that the use of a mobile phone or wireless device by a young driver
during an emergency, for the purpose of contacting an operator,
police, fire, emergency or medical personnel, is not prohibited.

 LEGISLATIVE HISTORY :
2008 - S5332 - Referred to Transportation

 FISCAL IMPLICATIONS :
None.
 EFFECTIVE DATE :
This act shall take effect sixty days from the date on which it shall
have become a law.

2009-S1877 (ACTIVE) - Bill Text download pdf

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

                                  1877

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
  the  use  of  mobile telephones or wireless devices by certain persons
  while operating a vehicle

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

  Section  1. Section 501-a of the vehicle and traffic law is amended by
adding six new subdivisions 9, 10, 11, 12, 13 and 14 to read as follows:
  9. MOBILE TELEPHONE. A CELLULAR, ANALOG, WIRELESS,  OR  DIGITAL  TELE-
PHONE  CAPABLE  OF SENDING OR RECEIVING VOICE AND/OR DATA COMMUNICATIONS
THROUGH A REGULAR TELEPHONE OR DATA NETWORK VIA RADIO SIGNAL INSTEAD  OF
AN  ACCESS  LINE,  AND  ANY  ACCESSORY OR ATTACHMENT THEREOF; BUT NOT AN
ELECTRONIC DEVICE INSTALLED IN A VEHICLE FOR THE SOLE PURPOSE OF NAVIGA-
TION OR ASSISTING THE OPERATOR IN AN EMERGENCY SITUATION.
  10. WIRELESS DEVICE. A PORTABLE ELECTRONIC DEVICE, CAPABLE OF  SENDING
OR RECEIVING DATA AND TEXT COMMUNICATIONS THROUGH A REGULAR TELEPHONE OR
DATA  NETWORK  VIA  RADIO SIGNAL INSTEAD OF AN ACCESS LINE. SUCH TYPE OF
DEVICE SHALL INCLUDE, BUT NOT BE LIMITED  TO,  A  BLACKBERRY,  LAP  TOP,
PAGER,  PALM  TOP,  PERSONAL  DIGITAL ASSISTANT, POCKET PC, OR ANY OTHER
DEVICE CAPABLE OF TEXT MESSAGING; BUT NOT AN ELECTRONIC DEVICE INSTALLED
IN A VEHICLE FOR THE SOLE PURPOSE OF NAVIGATION OR ASSISTING THE  OPERA-
TOR IN AN EMERGENCY SITUATION.
  11.  TEXT  MESSAGING.  USING  A MOBILE TELEPHONE OR WIRELESS DEVICE TO
TRANSMIT OR RECEIVE TEXT VIA SHORT MESSAGING SERVICE, ENHANCED MESSAGING
SERVICE, MULTIMEDIA MESSAGING SERVICE, OR ANY OTHER SIMILAR TECHNOLOGY.
  12. DIGITAL IMAGING. USING A MOBILE TELEPHONE OR  WIRELESS  DEVICE  TO
TAKE, STORE, RECEIVE, VIEW OR TRANSMIT STILL OR VIDEO DIGITAL IMAGES.
  13.  HAND-HELD.  THE  MANNER  IN  WHICH A MOBILE TELEPHONE OR WIRELESS
DEVICE IS OPERATED FOR THE PURPOSE OF VOICE COMMUNICATION, DATA COMMUNI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05267-01-9

S. 1877                             2

CATION, TEXT MESSAGING, DIGITAL IMAGING OR ENTERTAINMENT,  BY  USING  AT
LEAST ONE HAND.
  14.  HANDS-FREE.  THE  MANNER  IN WHICH A MOBILE TELEPHONE OR WIRELESS
DEVICE IS OPERATED FOR THE PURPOSE OF VOICE COMMUNICATION, DATA COMMUNI-
CATION, TEXT MESSAGING, DIGITAL IMAGING OR ENTERTAINMENT,  BY  USING  AN
INTERNAL  FEATURE  OR  FUNCTION,  OR  THROUGH AN ATTACHMENT OR ADDITION,
INCLUDING BUT NOT LIMITED TO AN EAR PIECE, HEAD SET,  REMOTE  MICROPHONE
OR SHORT-RANGE WIRELESS CONNECTION, THEREBY ALLOWING THE USER TO OPERATE
SAID TELEPHONE OR DEVICE WITHOUT THE USE OF HANDS.
  S 2. Subdivision 1 of section 501-b of the vehicle and traffic law, as
added by chapter 644 of the laws of 2002, is amended to read as follows:
  1.  In  addition  to the restrictions contained in subdivision five of
section five hundred one of this article, no holder of  a  class  DJ  or
class MJ learner's permit shall:
  (a)  operate  a motor vehicle with any front seat occupants other than
the supervising driver;
  (b) operate a motor vehicle unless every occupant of such  vehicle  is
properly  restrained by a safety belt or child safety seat in accordance
with the provisions of subdivision three-a  of  section  twelve  hundred
twenty-nine-c of this chapter;
  (c)  operate  a  motor  vehicle  with more than two passengers who are
under the age of twenty-one and who are not  members  of  such  holder's
immediate family, provided, however, that the provisions of this subpar-
agraph  shall  not  apply  when  such  holder  is  accompanied by a duly
licensed parent, guardian, person in a position of loco parentis, driver
education teacher or driving school instructor;
  (d) be eligible for issuance of a class DJ or MJ license  unless  such
permit  and/or limited class DJ or MJ license issued pursuant to section
five hundred three-a of this article, singly  or  in  combination,  have
been  valid for at least six months. Any time period in which such class
DJ or MJ learner's permit or limited class DJ or  MJ  license  has  been
suspended  or  revoked shall not be counted in determining the length of
time that such learner's permit or limited license  has  been  valid[.];
AND
  (E)  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, OPERATE A
MOTOR VEHICLE WHILE USING A HAND-HELD OR HANDS-FREE MOBILE TELEPHONE  OR
WIRELESS  DEVICE  TO  ENGAGE  IN  VOICE  COMMUNICATION,  TEXT MESSAGING,
DIGITAL IMAGING OR ENTERTAINMENT; UNLESS FOR THE SOLE PURPOSE OF  COMMU-
NICATING  WITH ANY OF THE FOLLOWING REGARDING AN EMERGENCY SITUATION: AN
EMERGENCY RESPONSE OPERATOR; A HOSPITAL, PHYSICIAN'S  OFFICE  OR  HEALTH
CLINIC;  AN  AMBULANCE  COMPANY OR CORPS; A FIRE DEPARTMENT, DISTRICT OR
COMPANY; OR A POLICE DEPARTMENT.
  S 3. Subdivision 2 of section 501-b of the vehicle and traffic law, as
added by chapter 644 of the laws of 2002, is amended to read as follows:
  2. In addition to the restrictions contained in subdivision  three  of
section  five  hundred  one  of this article, no holder of a class DJ or
class MJ license shall operate a motor vehicle:
  (a) unless every occupant of such vehicle is properly restrained by  a
safety  belt  or  child safety seat in accordance with the provisions of
subdivision three-a of section  twelve  hundred  twenty-nine-c  of  this
chapter; [and]
  (b)  with more than two passengers who are under the age of twenty-one
and who are not members of such  holder's  immediate  family,  provided,
however,  that  the provisions of this subparagraph shall not apply when
such holder is accompanied by a duly licensed parent,  guardian,  person

S. 1877                             3

in  a  position  of  loco  parentis, driver education teacher or driving
school instructor[.]; AND
  (C)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, WHILE USING
A HAND-HELD OR HANDS-FREE MOBILE TELEPHONE OR WIRELESS DEVICE TO  ENGAGE
IN  VOICE  COMMUNICATION,  TEXT  MESSAGING,  DIGITAL  IMAGING  OR ENTER-
TAINMENT; UNLESS FOR THE SOLE PURPOSE OF COMMUNICATING WITH ANY  OF  THE
FOLLOWING REGARDING AN EMERGENCY SITUATION: AN EMERGENCY RESPONSE OPERA-
TOR;  A  HOSPITAL,  PHYSICIAN'S  OFFICE  OR  HEALTH CLINIC; AN AMBULANCE
COMPANY OR CORPS; A FIRE DEPARTMENT, DISTRICT OR COMPANY;  OR  A  POLICE
DEPARTMENT.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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