S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2874
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M.  of A. PAULIN, FAHY, SANTABARBARA, TAYLOR, McDONOUGH,
   DeSTEFANO -- read once and referred to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  drivers  of
   buses, taxis and livery vehicles 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 BUS, LIVERY OR TAXI SHALL USE A HANDS-FREE MOBILE
 TELEPHONE WHILE OPERATING A MOVING BUS OR MOTOR VEHICLE  EXCEPT  IN  THE
 CASE  OF  AN EMERGENCY PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF
 THIS SECTION OR IF SUCH HANDS-FREE MOBILE TELEPHONE IS USED FOR DISPATCH
 OR IF THE BUS OR MOTOR VEHICLE IS PARKED, FOR PURPOSES OTHER THAN  DROP-
 PING  OFF  OR  PICKING  UP  PASSENGERS, AT THE SIDE OF, OR OFF, A PUBLIC
 HIGHWAY IN A LOCATION WHERE SUCH VEHICLE  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
 DRIVER OPERATING A BUS, TAXI OR LIVERY.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03651-01-3