NY State Senate Bill 2009-S587

Senate Bill S587

2009-2010 Legislative Session

Prohibits the writing, sending or reading of text messages on a mobile telephone while driving

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Jan 09, 2009	referred to transportation

co-Sponsors

2009-S587 (ACTIVE) - Details

See Assembly Version of this Bill:: A2453
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1225-c & 502, V & T L; amd §2336, Ins L
Versions Introduced in 2011-2012 Legislative Session:: A2661

2009-S587 (ACTIVE) - Summary

Prohibits the writing, sending or reading of text messages on a hand-held mobile telephone while driving.

2009-S587 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S587

 TITLE OF BILL :
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


 PURPOSE :
This legislation prohibits the writing, sending or reading of text
messages on a mobile telephone or any other portable electronic device
while driving.

 SUMMARY OF PROVISIONS :
Section 1 amends paragraph (d) of subdivision 1 of section 1225-c of
the vehicle and traffic, as added by chapter 69 of the laws of 2001,
is amended and a new paragraph (h) is added to prohibit the writing,
sending or reading of text messages on a mobile telephone or other
portable electronic device while driving.

Provides that the term hand-held mobile telephone shall not include
vehicle-integrated voice-activated devices.

Section 3 amends section 502 of the vehicle and traffic law by adding
new paragraph (c-3) prescribing that the Commissioner of Motor
Vehicles designate a portion of the pre-licensing course to educating

new drivers about the hazards of cell phone use while driving and the
potential penalties of violating this provision of the law.

Section 4 amends section 502(a), (b), and (d) of the vehicle and
traffic law to require that at least one question on the licensing
written examination relates to cell phone safety. Also, this section
provides the Commissioner with the ability to provide for the
additional training of pre-licensing course instructors to insure
competency in cell phone safety instruction.

Section 5 amends section 2336 of the Insurance Law to include a cell
phone safety component as part of the national safety council's
defensive driving course.

 JUSTIFICATION :
Talking on cell phones isn't the only distractions that causes
inattentive driving. The explosion of the popularity of texting has
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. Concentration on a text
message rather than the road leads to swerving or lane drifting,
tailgating, cutting off another driver or hitting another car.

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 2007 Harris Interactive
poll found that 91% of Americans think that driving while texting is
as dangerous as drunk driving and 89% of those polled support a ban.

Therefore, this legislation not only prohibits text messaging while
driving, but also requires an educational component to increase
awareness of the hazards of distracted driving. The bill directs the
Commissioner of the Department of Motor Vehicles to include a
component on cell phone safety in the pre-licensing course and a
question on this issue in the written licensing exam. By educating our
young drivers on the possible fatal consequences of distracted
driving, this legislation may in fact save lives.
 LEGISLATIVE HISTORY :
S.3195-C of 2008 (Passed Senate)

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the one hundredth 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 five of chapter 751 of the laws of
2005, as amended, when upon such date section six of this act shall
take effect.

2009-S587 (ACTIVE) - Bill Text download pdf

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

                                   587

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             January 9, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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 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
health clinic;  an  ambulance  company  or  corps;  a  fire  department,

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

S. 587                              2

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
administered by the  commissioner.  The  commissioner  shall  cause  the

S. 587                              3

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

S. 587                              4

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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S587

Share this bill

Sponsored By

Carl L. Marcellino