S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1421
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
   the  use  of mobile telephones by operators of motor vehicles who hold
   learner's permits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 3 and 4 of section 1225-c of the vehicle and
 traffic law, subdivision 3 as added by chapter 69 of the  laws  of  2001
 and subdivision 4 as amended by section 6 of part B of chapter 55 of the
 laws of 2014, are 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, PROVIDED, HOWEVER, THAT
 THE USE OF A HANDS-FREE MOBILE TELEPHONE  SHALL  BE  PROHIBITED  FOR  AN
 OPERATOR  OF  A MOTOR VEHICLE WHO IS A HOLDER OF A LEARNER'S PERMIT OR A
 CLASS DJ OR CLASS MJ LICENSE.
   4. A violation of subdivision two  OR  PARAGRAPH  (C)  OF  SUBDIVISION
 THREE of this section shall be a traffic infraction and shall be punish-
 able  by a fine of not less than fifty dollars nor more than two hundred
 dollars upon conviction of a  first  violation;  upon  conviction  of  a
 second  violation, both of which were committed within a period of eigh-
 teen months, such violation shall be punished by a fine of not less than
 fifty dollars nor more than two hundred fifty dollars;  upon  conviction
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00987-01-3
              

 A. 1421                             2
 
 of a third or subsequent violation, all of which were committed within a
 period of eighteen months, such violation shall be punished by a fine of
 not less than fifty dollars nor more than four hundred fifty dollars.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.