Prohibits the writing, sending or reading of text-based communications on a mobile telephone with at least one hand while driving

Summary of specific provisions

Section 1: amends section 1225-c(d) (1) of the vehicle and traffic law to amend the definition of "hand-held mobile telephone" to include a mobile telephone with the capability of writing, reading or sending a text-based communication.

Also, adds a new paragraph (h) to section 1225-c(d) (1) of the vehicle and traffic law to define "write, send or read a text-based communi- cation" to mean using a hand-held mobile telephone to communicate with any person or device by using a text-based' communication commonly referred to as a text message, instant message, electronic mail or email. Adds a cell phone safety driving component to drivers certif- ication test.

Section 2: amends section 1225-c(a) to prohibit the use of a cell phone to text-based communication while driving.

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 traf- fic 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 defen- sive driving course.

Justification

In 2001, in response to the growing number of traffic accidents where the use of a cell phone was a factor, the state legisla- ture passed a law prohibiting the use of hand held cell phones while driving. However, as technologies change so must the law.

The newest trend in communications among our youngest drivers is text messaging. In fact, a recent study by Nationwide Mutual Insurance showed - that 19% of all drivers and 37% of drivers between the ages of 18-27 text message while driving. The summer saw a number of automobile trage- dies involving young adults. Speculation abounds regarding technological distractions, most notably through text messaging, contributing to these tragic incidents.

According to studies done by AAA, and activity that takes a driver's attention off the road for more than two seconds can double a driver's risk of a crash. 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 ques- tion 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 facet save live.

Prior legislative history

A9520-A of 2008: transportation

Fiscal implications

To be determined.

Effective date

This act shall take effect 180 days after it shall become law.