S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1088
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, LUPARDO, GOTTFRIED, GALEF, ZEBROWSKI,
   SEAWRIGHT -- Multi-Sponsored by -- M. of A. SIMON  --  read  once  and
   referred to the Committee on Transportation
 
 AN  ACT  to amend the vehicle and traffic law, in relation to drivers of
   school buses using hands-free mobile telephones

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 1225-c of the vehicle and traffic
 law is amended by adding a new paragraph (e) to read as follows:
   (E) NO DRIVER OF A SCHOOL  BUS  AS  DEFINED  IN  SECTION  ONE  HUNDRED
 FORTY-TWO  OF THIS CHAPTER SHALL USE A HANDS-FREE MOBILE TELEPHONE WHILE
 OPERATING A SCHOOL BUS EXCEPT IN THE CASE OF AN  EMERGENCY  PURSUANT  TO
 PARAGRAPH  (A) OF SUBDIVISION THREE OF THIS SECTION OR IF THE SCHOOL BUS
 IS PARKED, FOR PURPOSES OTHER THAN DROPPING OFF OR PICKING UP  STUDENTS,
 AT  THE SIDE OF, OR OFF, A PUBLIC HIGHWAY IN A LOCATION WHERE SUCH VEHI-
 CLE IS NOT OTHERWISE PROHIBITED FROM STOPPING BY LAW,  RULE,  REGULATION
 OR ANY LAWFUL ORDER OR DIRECTION OF A POLICE OFFICER.
   §  2.  Subdivision 3 of section 1225-c of the vehicle and traffic law,
 as added by chapter 69 of the laws  of  2001,  is  amended  to  read  as
 follows:
   3. Subdivision two of this section shall not apply to (a) the use of a
 mobile  telephone  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, (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, EXCEPT IN THE CASE OF A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01873-01-1
              

 A. 1088                             2
 
 DRIVER OPERATING A SCHOOL BUS PURSUANT TO PARAGRAPH (E)  OF  SUBDIVISION
 TWO OF THIS SECTION.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.