Relates to the use of electronic devices while driving

BILL NUMBER:A9221

Title of bill

An act to amend the vehicle and traffic law, in relation to the use of portable electronic devices

Purpose or general idea of bill

This bill would make texting while driving a primary offense. The new state ban on texting while driving needs to be strengthened, because as a secondary offense, police can only enforce the ban if another violation is being committed. Simply making texting while driving against the law is insufficient- New York State must give law enforcement the ability to enforce the ban.

Summary of specific provisions

Section I: Amends subdivision 6 of section 1225-d of the vehicle and traffic law and would read as follows: A violation of this section shall be a traffic infraction and shall be punishable by a fine of not more than one hundred fifty dollars.

Section II: Effective date.

Justification

Texting while driving is extremely dangerous, as it caus- es motorists to take both their eyes off the road and their hands off the wheel. In December of 2007, Kelly Cline's son, A.J. Larson, was struck and killed by a garbage truck on Clinton Street in West Seneca. Police determined that texting while driving had distracted A.J., resulting in the accident.

When New York State enacted legislation that prohibited texting while driving, it only made the violation a secondary offense. This means that to be pulled over for texting while driving, a driver must commit a primary offense as well. This bill would make texting while driving a primary offense and come with a fine in the amount of $150.00.

Numerous counties in New York have made texting while driving a primary offense, and this would allow New York State to have a consistent state- wide policy.

Prior legislative history

None.

Fiscal implications

None.

Effective date

This act shall take effect on the same date and manner as section 4 of chapter 403 of the laws of 2009, takes effect.