Makes use of a portable electronic device while driving a primary offense and creates a cell phone safety component to the pre-licensing course

1 Co-sponsor

• Dean Murray

BILL NUMBER:A9802

Title of bill

An act to amend the vehicle and traffic law and the insurance law, in relation to making use of a portable electronic device while driving a primary offense and creating a cell phone safety component to the pre-licensing course

Purpose

Makes use of a portable electronic device while driving a primary offense and creates a cell phone safety component to the pre-licensing course.

Summary of provisions

Section 1: Subdivision 6 of section 1225-d of the vehicle and traffic law, as added by chapter 403 of the laws of 2009 is amended to enforce a fine of up to $150.

Section 2: Subdivision 4 of section 502 of the vehicle and traffic law is amended by adding a new paragraph (c-3), which will require a cell phone safety component to be a required component of anyone trying to obtain a New York State drivers license.

Section 3: Paragraphs (a), (b) and (d) of subdivision 4 of section 502 of the vehicle and traffic law, as amended by chapter 585 of the laws of 2002 are amended to include "cell phone safety" as part of the New York State pre-licensure written test and mandate informational materials relating to "cell phone safety" are made available.

Section 4: Subsection (a) of section 2336 of the insurance law, as amended by chapter 751 of the laws of 2005, is amended to include a "cell phone safety" instruction component to any approved insurance rate reduction, accident prevention or defensive driving course.

Section 6: Effective date

Justification

Many families and communities across New York State have been witness to a rash of horrific traffic accidents in recent years that are directly related to the use of cellular phones used for "text messaging". These accidents have affected young drivers to a much higher degree than the driving population at large.

While many legislative solutions have been proposed they almost invariably treat the act of "text messaging" while operating a motor vehicle as a secondary offense, meaning traffic safety officers lack the authority to stop a driver for text messaging and inhibits their ability to protect the roadways for all drivers.

This legislation will make texting while driving a primary traffic safety offense and allow officers to pull over and ticket drivers up

to $150 for doing so, thus providing a financial deterrent for drivers to cease texting while operating a motor vehicle.

Further this legislation will mandate New York State pre-licensure courses, their corresponding written tests, and all motor vehicle accident prevention courses or defensive driving courses that qualify for mandatory insurance rate reduction upon completion, must include a section on "cell phone safety".

Legislative history

New bill.

Fiscal implications

None.

EFFECTIVE DATE:;